CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2150

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Bankhead moved the following substitute for amendment

12  (360712):

13

14         Senate Amendment (with title amendment) 

15         On page 2, between lines 26 and 27,

16

17  insert:

18         Section 3.  Section 4 of this act may be cited as the

19  "Jeremy Fiedelholtz Safe Day Care Act."

20         Section 4.  Section 402.319, Florida Statutes, is

21  amended to read:

22         402.319  Penalties; aggravating circumstances.--

23         (1)  It is a misdemeanor of the first degree,

24  punishable as provided in s. 775.082 or s. 775.083, for any

25  person willfully, knowingly, or intentionally to:

26         (a)(1)  Fail, by false statement, misrepresentation,

27  impersonation, or other fraudulent means, to disclose in any

28  application for voluntary or paid employment or licensure

29  regulated under ss. 402.301-402.318 a material fact used in

30  making a determination as to such person's qualifications to

31  be an owner, operator, employee, or volunteer in a child care

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2150

    Amendment No.    





 1  facility or other child care program.

 2         (b)(2)  Operate or attempt to operate a child care

 3  facility without having procured a license as required by this

 4  act.

 5         (c)(5)  Operate or attempt to operate a family day care

 6  home without a license or without registering with the

 7  department, whichever is applicable.

 8         (d)(3)  Operate or attempt to operate a child care

 9  facility under a license that is suspended, revoked, or

10  terminated.

11         (e)(4)  Represent, by act or omission, a child care

12  facility to be duly licensed pursuant to this act without

13  being so licensed.

14         (2)  The court may increase the penalty provided in

15  this section to a felony of the third degree if the court

16  finds, beyond a reasonable doubt, that the owner or operator

17  of a child care or family day care facility has knowingly,

18  willfully, and intentionally misrepresented a material fact

19  regarding:

20         (a)  The facility's staff-to-children ratio, and is in

21  violation of s. 402.305(4), to the extent that the number of

22  children at the facility rounded to the next higher number

23  exceeds statutory limits by 50 percent or more; or

24         (b)  The facility's licensure as required under s.

25  402.305, and

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27  a parent, in reliance upon such misrepresentation, has placed

28  a child in the facility and the child suffered great bodily

29  harm, significant permanent disfigurement, permanent

30  disability, or death as a result of such misrepresentation and

31  as a result of an intentional egregious act or gross

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2150

    Amendment No.    





 1  negligence committed by the facility owner or operator or

 2  committed by an employee of the facility who acted with the

 3  knowledge and consent of the owner or operator.

 4         Section 5.  Paragraph (g) of subsection (3) of section

 5  921.0022, Florida Statutes, is amended to read:

 6         921.0022  Criminal Punishment Code; offense severity

 7  ranking chart.--

 8         (3)  OFFENSE SEVERITY RANKING CHART

 9

10  Florida           Felony

11  Statute           Degree             Description

12

13                              (g)  LEVEL 7

14  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

15                              injury.

16  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

17                              bodily injury.

18  402.319(2)         3nd      Misrepresentation and gross

19                              negligence or intentional act

20                              resulting in great bodily harm,

21                              permanent disfiguration,

22                              permanent disability, or death.

23  409.920(2)         3rd      Medicaid provider fraud.

24  494.0018(2)        1st      Conviction of any violation of

25                              ss. 494.001-494.0077 in which the

26                              total money and property

27                              unlawfully obtained exceeded

28                              $50,000 and there were five or

29                              more victims.

30  782.07(1)          2nd      Killing of a human being by the

31                              act, procurement, or culpable

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2150

    Amendment No.    





 1                              negligence of another

 2                              (manslaughter).

 3  782.071            3rd      Killing of human being by the

 4                              operation of a motor vehicle in a

 5                              reckless manner (vehicular

 6                              homicide).

 7  782.072            3rd      Killing of a human being by the

 8                              operation of a vessel in a

 9                              reckless manner (vessel

10                              homicide).

11  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

12                              causing great bodily harm or

13                              disfigurement.

14  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

15                              weapon.

16  784.045(1)(b)      2nd      Aggravated battery; perpetrator

17                              aware victim pregnant.

18  784.048(4)         3rd      Aggravated stalking; violation of

19                              injunction or court order.

20  784.07(2)(d)       1st      Aggravated battery on law

21                              enforcement officer.

22  784.08(2)(a)       1st      Aggravated battery on a person 65

23                              years of age or older.

24  784.081(1)         1st      Aggravated battery on specified

25                              official or employee.

26  784.082(1)         1st      Aggravated battery by detained

27                              person on visitor or other

28                              detainee.

29  790.07(4)          1st      Specified weapons violation

30                              subsequent to previous conviction

31                              of s. 790.07(1) or (2).

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2150

    Amendment No.    





 1  790.16(1)          1st      Discharge of a machine gun under

 2                              specified circumstances.

 3  796.03             2nd      Procuring any person under 16

 4                              years for prostitution.

 5  800.04             2nd      Handle, fondle, or assault child

 6                              under 16 years in lewd,

 7                              lascivious, or indecent manner.

 8  806.01(2)          2nd      Maliciously damage structure by

 9                              fire or explosive.

10  810.02(3)(a)       2nd      Burglary of occupied dwelling;

11                              unarmed; no assault or battery.

12  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

13                              unarmed; no assault or battery.

14  810.02(3)(d)       2nd      Burglary of occupied conveyance;

15                              unarmed; no assault or battery.

16  812.014(2)(a)      1st      Property stolen, valued at

17                              $100,000 or more; property stolen

18                              while causing other property

19                              damage; 1st degree grand theft.

20  812.019(2)         1st      Stolen property; initiates,

21                              organizes, plans, etc., the theft

22                              of property and traffics in

23                              stolen property.

24  812.133(2)(b)      1st      Carjacking; no firearm, deadly

25                              weapon, or other weapon.

26  825.102(3)(b)      2nd      Neglecting an elderly person or

27                              disabled adult causing great

28                              bodily harm, disability, or

29                              disfigurement.

30  825.1025(2)        2nd      Lewd or lascivious battery upon

31                              an elderly person or disabled

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2150

    Amendment No.    





 1                              adult.

 2  825.103(2)(b)      2nd      Exploiting an elderly person or

 3                              disabled adult and property is

 4                              valued at $20,000 or more, but

 5                              less than $100,000.

 6  827.03(3)(b)       2nd      Neglect of a child causing great

 7                              bodily harm, disability, or

 8                              disfigurement.

 9  827.04(4)          3rd      Impregnation of a child under 16

10                              years of age by person 21 years

11                              of age or older.

12  872.06             2nd      Abuse of a dead human body.

13  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

14                              cocaine (or other s.

15                              893.03(1)(a), (1)(b), (1)(d),

16                              (2)(a), or (2)(b) drugs) within

17                              1,000 feet of a school.

18  893.13(4)(a)       1st      Deliver to minor cocaine (or

19                              other s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), or (2)(b) drugs).

21  893.135(1)(a)1.    1st      Trafficking in cannabis, more

22                              than 50 lbs., less than 2,000

23                              lbs.

24  893.135

25   (1)(b)1.a.        1st      Trafficking in cocaine, more than

26                              28 grams, less than 200 grams.

27  893.135

28   (1)(c)1.a.        1st      Trafficking in illegal drugs,

29                              more than 4 grams, less than 14

30                              grams.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2150

    Amendment No.    





 1  893.135

 2   (1)(d)1.          1st      Trafficking in phencyclidine,

 3                              more than 28 grams, less than 200

 4                              grams.

 5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

 6                              than 200 grams, less than 5

 7                              kilograms.

 8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

 9                              than 14 grams, less than 28

10                              grams.

11

12  (Redesignate subsequent sections.)

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, lines 2-10, delete those lines

18

19  and insert:

20         An act relating to criminal justice; providing

21         definitions; specifying conditions for

22         committing culpable negligence causing public

23         financial injury; providing penalties;

24         requiring certain contracts to provide notice

25         of such conditions; providing construction;

26         providing for prosecution by a state attorney

27         or the Statewide Prosecutor; creating the

28         "Jeremy Fiedelholtz Safe Day Care Act";

29         amending s. 402.319, F.S.; providing an

30         enhanced penalty for making misrepresentations

31         regarding licensure or operation of a child

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2150

    Amendment No.    





 1         care facility and violating the required

 2         staff-to-children ratio; providing for the

 3         enhanced penalty to apply to intentional acts

 4         or gross negligence committed by the facility

 5         owner or operator or an employee acting with

 6         the knowledge and consent of the owner or

 7         operator; amending s. 921.0022, F.S.; providing

 8         for ranking of violation on the offense

 9         severity ranking chart; providing an effective

10         date.

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