Florida House subcommittee approves bill to allow breaking into vehicles to prevent heatstroke deaths
A Florida House subcommittee unanimously approved a bill Tuesday to allow people to force their way into a vehicle out of concern for children, disabled people or certain domestic animals without facing civil liability.
"Since 2010, 16 children and 17 elderly individuals have died in Florida as a result of being left in hot vehicles," said state Rep. Dana Young, R-Tampa, bill co-sponsor and majority leader in the House. "Hopefully, this will save one life."
Florida is second only to Texas of all states in deaths of children due to heat stroke in vehicles in the past 17 years, according to the Department of Meteorology and Climate Science at San Jose State University.
Between 1998 and 2014, 68 children in Florida died of heat stroke after being left in a vehicle, 10.3 percent of 660 deaths nationwide. In 2015, four children in Florida have died after being left in a hot vehicle.
Of the nationwide deaths, 31 percent of victims were less than a year old and 73 percent were 2 years old or younger. The Florida victims were all younger than 2.
The bill provides a clear procedure for people to follow to avoid civil liability for damage to a vehicle.
If someone sees a child left in a car in the parking lot, for example, he or she must have reasonable belief the child is unable to get out of the car on their own and will suffer harm if not immediately removed from the locked vehicle.
The rescuer would then need to call emergency responders before forcing open the vehicle, and use no more force to enter the vehicle "than necessary under the circumstances."
The rescuer would be required to stay with the child nearby until first responders arrive.
The proposed law would apply to elderly people, disabled adults, minors or domestic animals, which include dogs and cats, but not livestock and farm animals.
State Rep. Cary Pigman, R-Sebring, an emergency medicine physician, asked Young if she would be open to applying the law to people temporarily disabled due to drug use as well.
"The vast majority of people I have rescued, who are disabled due to substance abuse, are not happy about it," Pigman said. "It would be nice to have protections for those people as well."
Young said she was open to amending the bill to include those temporarily disabled due to drug use.
State Rep. Walter Bryan "Mike" Hill, R-Pensacola, said he was concerned the law would encourage someone who saw an animal panting in a vehicle to damage the car even if the owner was only gone for a short amount of time.
"What if someone has to run in to get a gallon of milk, then runs back out and sees their window busted open and they say: 'What'd you do that for? I was gone for five minutes,'" he asked.
Young said she understands the risks under the terms of the bill, but she thinks it's necessary.
"Are there going to be people who will be overzealous? Maybe," Young said. "But I think the good this bill does far outweighs the possibility of overzealous bystanders."
Kate Irby, Herald online/political reporter, can be reached at 941-745-7055. You can follow her on Twitter@KateIrby
This story was originally published October 20, 2015 at 11:51 PM with the headline "Florida House subcommittee approves bill to allow breaking into vehicles to prevent heatstroke deaths ."