Leaving child unattended in motor vehicle
Florida Statute § 316.6135
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
A responsible person may not leave a child younger than 6 unattended/unsupervised in a motor vehicle for more than 15 minutes, or for any time while the engine runs, the child's health is endangered, or the child appears distressed. The over-15-minute track is criminal; the engine/danger/distress track is civil unless additional facts support an enhanced offense. Causing great bodily harm, permanent disability, or permanent disfigurement invokes a felony track. Document age, duration, responsibility, supervision, and conditions. Officers may use reasonably necessary means to protect and remove the child.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Child Safety
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Misdemeanor; felony enhancement; separate civil track
- Degree
- 2nd Degree under (1)(a)/(2); 3rd Degree felony if qualifying harm
- Points
- 0
- Fine / Penalty
- Court determined; statutory mandatory minimums/surcharges may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- Yes
- NTA Eligible
- Potentially — Rule 3.125; subject to exceptions and traffic-specific procedure
- Custodial Arrest
- Yes — NTA may be an alternative when legally/procedurally authorized
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.