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7/29/2009
Ron Zimmet
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Learn about the state statute that outlaws leaving children unattended or unsupervised in motor vehicles

There is a law on the books in Florida that makes it illegal to leave a child unattended or unsupervised in motor vehicles.  Common sense tells most people to never leave a child alone in a motor vehicle but still it happens and Florida has a law against it.  Florida Statute 316.6135 makes it illegal for anyone to leave a child under six unattended or unsupervised in a motor vehicle for longer than 15 minutes or for any time at all if the vehicle is running or the child is in danger.   Any person that leaves the child unattended will be guilty of a misdemeanor of the second degree. 

If anyone leaves the child alone and in doing so causes injury to the child is guilty of a felony of the third degree.  If a law enforement officer observes a child left unattended he or she may use what ever means reasonably necessary to protect the minor child and remove the child from the vehicle.  

Most parents would not leave their child alone in the vehicle at all, but this law makes it illegal to leave them alone even for a second while the car is running.    Therefore, even in the circumstnaces where a parent is simply running into the house for s second  he or she cannot leave children in the car with the motor running.   As a Daytona Beach personal injury attorney and child injury lawyer,  I hope that this information informs and helps keep children safe.

Category: Car Accidents


2 Comments to "Learn about the state statute that outlaws leaving children unattended or unsupervised in motor vehicles"

Is it justifiable then for Law Enforcment to Circumvent Florida Statute 316.6135, when the Criteria is not met and to instead Charge Felony Child Neglect? Is there any case law supporting or opposing this?
Posted by Loren on October 17, 2010 at 07:59 AM
What if you are standing outside the car talking with someone and the child is inside the running motor vehicle?
Posted by Jean on August 12, 2009 at 05:06 PM

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Zimmet & Quarles. P.L.
Halifax Harbor Marina
125 Basin Street, Suite 210
Daytona Beach, FL 32114
Phone: (386) 255-4020
Fax: (386) 255-2027
Toll Free: (800) 934-1020

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