Senate Bill 1122c1
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Florida Senate - 1998 CS for SB 1122
By the Committee on Criminal Justice and Senators Forman and
Campbell
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1 A bill to be entitled
2 An act relating to child care facilities;
3 creating the "Jeremy Fiedelholtz Safe Day Care
4 Act"; amending s. 402.319, F.S.; providing a
5 penalty for making misrepresentations to
6 certain persons regarding licensure or
7 operation of a child care facility or family
8 day care home; providing a penalty for culpable
9 negligence or intentional act and the parent or
10 guardian relied on a misrepresentation;
11 amending s. 921.0022, F.S.; providing for
12 ranking of violation on the offense severity
13 ranking chart; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. This act may be cited as the "Jeremy
18 Fiedelholtz Safe Day Care Act."
19 Section 2. Section 402.319, Florida Statutes, is
20 amended to read:
21 402.319 Penalties.--
22 (1) It is a misdemeanor of the first degree,
23 punishable as provided in s. 775.082 or s. 775.083, for any
24 person willfully, knowingly, or intentionally to:
25 (a)(1) Fail, by false statement, misrepresentation,
26 impersonation, or other fraudulent means, to disclose in any
27 application for voluntary or paid employment or licensure
28 regulated under ss. 402.301-402.318 all information required
29 under those sections or a material fact used in making a
30 determination as to such person's qualifications to be child
31 care personnel, as defined in s. 402.302, an owner, operator,
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Florida Senate - 1998 CS for SB 1122
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1 employee, or volunteer in a child care facility, family day
2 care home, or other child care program.
3 (b)(2) Operate or attempt to operate a child care
4 facility without having procured a license as required by this
5 act.
6 (c)(5) Operate or attempt to operate a family day care
7 home without a license or without registering with the
8 department, whichever is applicable.
9 (d)(3) Operate or attempt to operate a child care
10 facility or family day care home under a license that is
11 suspended, revoked, or terminated.
12 (e)(4) Misrepresent Represent, by act or omission, a
13 child care facility or family day care home to be duly
14 licensed pursuant to this act without being so licensed.
15 (f) Make any other misrepresentation, by act,
16 regarding the licensure or operation of a child care facility
17 or family day care home to a parent or guardian who has a
18 child placed in the facility or is inquiring as to placing a
19 child in the facility, including, but not limited to, any
20 misrepresentation as to:
21 1. The number of children at the child care facility
22 or the family day care home;
23 2. The part of the child care facility or family day
24 care home designated for child care;
25 3. The qualifications or credentials of child care
26 personnel;
27 4. Whether a family day care home or child care
28 facility complies with the screening requirements of s.
29 402.305; or
30 5. Whether child care personnel have the training as
31 required by s. 402.305.
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Florida Senate - 1998 CS for SB 1122
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1 (2) If any child care personnel makes any
2 misrepresentation in violation of this section to a parent or
3 guardian who has placed a child in the child care facility or
4 family day care home, and the parent or guardian relied upon
5 the misrepresentation, and the child suffers great bodily
6 harm, permanent disfigurement, permanent disability, or death
7 as a result of an intentional act or culpable negligence by
8 the child care personnel, then the child care personnel
9 commits a felony of the second degree, punishable as provided
10 in s. 775.082, s. 775.083, or s. 775.084.
11 Section 3. Paragraph (g) of subsection (3) of section
12 921.0022, Florida Statutes, is amended to read:
13 921.0022 Criminal Punishment Code; offense severity
14 ranking chart.--
15 (3) OFFENSE SEVERITY RANKING CHART
16
17 Florida Felony
18 Statute Degree Description
19
20 (g) LEVEL 7
21 316.193(3)(c)2. 3rd DUI resulting in serious bodily
22 injury.
23 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
24 bodily injury.
25 402.319(2) 2nd Misrepresentation and culpable
26 negligence or intentional act
27 resulting in great bodily harm,
28 permanent disfiguration,
29 permanent disability, or death.
30 409.920(2) 3rd Medicaid provider fraud.
31
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 782.07(1) 2nd Killing of a human being by the
8 act, procurement, or culpable
9 negligence of another
10 (manslaughter).
11 782.071 3rd Killing of human being by the
12 operation of a motor vehicle in a
13 reckless manner (vehicular
14 homicide).
15 782.072 3rd Killing of a human being by the
16 operation of a vessel in a
17 reckless manner (vessel
18 homicide).
19 784.045(1)(a)1. 2nd Aggravated battery; intentionally
20 causing great bodily harm or
21 disfigurement.
22 784.045(1)(a)2. 2nd Aggravated battery; using deadly
23 weapon.
24 784.045(1)(b) 2nd Aggravated battery; perpetrator
25 aware victim pregnant.
26 784.048(4) 3rd Aggravated stalking; violation of
27 injunction or court order.
28 784.07(2)(d) 1st Aggravated battery on law
29 enforcement officer.
30 784.08(2)(a) 1st Aggravated battery on a person 65
31 years of age or older.
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1 784.081(1) 1st Aggravated battery on specified
2 official or employee.
3 784.082(1) 1st Aggravated battery by detained
4 person on visitor or other
5 detainee.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 796.03 2nd Procuring any person under 16
12 years for prostitution.
13 800.04 2nd Handle, fondle, or assault child
14 under 16 years in lewd,
15 lascivious, or indecent manner.
16 806.01(2) 2nd Maliciously damage structure by
17 fire or explosive.
18 810.02(3)(a) 2nd Burglary of occupied dwelling;
19 unarmed; no assault or battery.
20 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(d) 2nd Burglary of occupied conveyance;
23 unarmed; no assault or battery.
24 812.014(2)(a) 1st Property stolen, valued at
25 $100,000 or more; property stolen
26 while causing other property
27 damage; 1st degree grand theft.
28 812.019(2) 1st Stolen property; initiates,
29 organizes, plans, etc., the theft
30 of property and traffics in
31 stolen property.
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1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 825.102(3)(b) 2nd Neglecting an elderly person or
4 disabled adult causing great
5 bodily harm, disability, or
6 disfigurement.
7 825.1025(2) 2nd Lewd or lascivious battery upon
8 an elderly person or disabled
9 adult.
10 825.103(2)(b) 2nd Exploiting an elderly person or
11 disabled adult and property is
12 valued at $20,000 or more, but
13 less than $100,000.
14 827.03(3)(b) 2nd Neglect of a child causing great
15 bodily harm, disability, or
16 disfigurement.
17 827.04(4) 3rd Impregnation of a child under 16
18 years of age by person 21 years
19 of age or older.
20 872.06 2nd Abuse of a dead human body.
21 893.13(1)(c)1. 1st Sell, manufacture, or deliver
22 cocaine (or other s.
23 893.03(1)(a), (1)(b), (1)(d),
24 (2)(a), or (2)(b) drugs) within
25 1,000 feet of a school.
26 893.13(4)(a) 1st Deliver to minor cocaine (or
27 other s. 893.03(1)(a), (1)(b),
28 (1)(d), (2)(a), or (2)(b) drugs).
29 893.135(1)(a)1. 1st Trafficking in cannabis, more
30 than 50 lbs., less than 2,000
31 lbs.
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Florida Senate - 1998 CS for SB 1122
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1 893.135
2 (1)(b)1.a. 1st Trafficking in cocaine, more than
3 28 grams, less than 200 grams.
4 893.135
5 (1)(c)1.a. 1st Trafficking in illegal drugs,
6 more than 4 grams, less than 14
7 grams.
8 893.135
9 (1)(d)1. 1st Trafficking in phencyclidine,
10 more than 28 grams, less than 200
11 grams.
12 893.135(1)(e)1. 1st Trafficking in methaqualone, more
13 than 200 grams, less than 5
14 kilograms.
15 893.135(1)(f)1. 1st Trafficking in amphetamine, more
16 than 14 grams, less than 28
17 grams.
18 Section 4. This act shall take effect October 1, 1998.
19
20 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
21 Senate Bill 1122
22
23 . Restores the first-degree misdemeanor penalties for
violations of the various child day care offenses.
24
. Deletes the term "omission" as an alternative element to
25 the offense of misrepresentation to a parent or guardian
about the child day care facility.
26
. Deletes representatives of the licensing authority or a
27 law enforcement agency from the list of persons to whom a
misrepresentation about the child day care facility is
28 prohibited.
29 . Deletes the provision providing criminal penalties for
the operation of a child care facility or family day care
30 home in violation of the staff-to-children ratios.
31 . Rewords the enhancement provision for violations
resulting in great bodily harm or death to a child.
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