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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11 Senator Bankhead moved the following substitute for amendment
12 (360712):
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14 Senate Amendment (with title amendment)
15 On page 2, between lines 26 and 27,
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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
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10 Florida Felony
11 Statute Degree Description
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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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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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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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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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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.
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12 (Redesignate subsequent sections.)
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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
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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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