House Bill 3581c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
By the Committee on Crime & Punishment and Representatives
Effman, Stafford, Ritter, Wasserman Schultz, Rayson, Tobin,
Mackenzie, Lippman, Eggelletion, Lacasa, Silver, Ritchie,
Frankel, Jacobs, Edwards, Spratt, D. Prewitt, Fischer, Ogles,
(Additional Sponsors on Last Printed Page)
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.; increasing a
5 penalty for violations relating to licensure or
6 operation of a child care facility or family
7 day care home; providing a penalty for making
8 other misrepresentations to certain persons
9 regarding such licensure or operation;
10 providing a penalty for negligence or
11 intentional act and the parent or guardian
12 relied on a misrepresentation; amending s.
13 921.0022, F.S.; providing for ranking of
14 violations on the offense severity ranking
15 chart; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. This act may be cited as the "Jeremy
20 Fiedelholtz Safe Day Care Act."
21 Section 2. Section 402.319, Florida Statutes, is
22 amended to read:
23 402.319 Penalties.--
24 (1) It is a felony misdemeanor of the third first
25 degree, punishable as provided in s. 775.082 or s. 775.083,
26 for any person willfully, knowingly, or intentionally to:
27 (a)(1) Fail, by false statement, misrepresentation,
28 impersonation, or other fraudulent means, to disclose in any
29 application for voluntary or paid employment or licensure
30 regulated under ss. 402.301-402.318 all information required
31 under those sections or a material fact used in making a
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
189-846-98
1 determination as to such person's qualifications to be child
2 care personnel, as defined in s. 402.302, an owner, operator,
3 employee, or volunteer in a child care facility, family day
4 care home, or other child care program.
5 (b)(2) Operate or attempt to operate a child care
6 facility without having procured a license as required by this
7 act.
8 (c)(5) Operate or attempt to operate a family day care
9 home without a license or without registering with the
10 department, whichever is applicable.
11 (d)(3) Operate or attempt to operate a child care
12 facility or family day care home under a license that is
13 suspended, revoked, or terminated.
14 (e)(4) Misrepresent Represent, by act or omission, a
15 child care facility or family day care home to be duly
16 licensed pursuant to this act without being so licensed.
17 (f) Make any other misrepresentation, by act or
18 omission, regarding the licensure or operation of a child care
19 facility or family day care home to a parent or guardian who
20 has a child placed in the facility or is inquiring as to
21 placing a child in the facility, or to a representative of the
22 licensing authority, or to a representative of a law
23 enforcement agency, including, but not limited to, any
24 misrepresentation as to:
25 1. The number of children at the child care facility
26 in violation of s. 402.305(4), or the family day care home in
27 violation of s. 402.302(7);
28 2. The part of the child care facility or family day
29 care home designated for child care;
30 3. The qualifications or credentials of child care
31 personnel;
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
189-846-98
1 4. Whether a family day care home or child care
2 facility complies with the screening requirements of s.
3 402.305; or
4 5. Whether child care personnel have the training as
5 required by s. 402.305.
6 (2) If any child care personnel makes any
7 misrepresentation in violation of this section to a parent or
8 guardian who has placed a child in the child care facility or
9 family day care home, and the parent or guardian relied upon
10 the misrepresentation, and the child suffers great bodily
11 harm, permanent disfigurement, permanent disability, or death
12 as a result of an intentional act or negligence by the child
13 care personnel, then the child care personnel commits a felony
14 of the second degree, punishable as provided in s. 775.082, s.
15 775.083, or s. 775.084.
16 Section 3. Paragraphs (f) and (g) of subsection (3) of
17 section 921.0022, Florida Statutes, are amended to read:
18 921.0022 Criminal Punishment Code; offense severity
19 ranking chart.--
20 (3) OFFENSE SEVERITY RANKING CHART
21
22 Florida Felony
23 Statute Degree Description
24
25 (f) LEVEL 6
26 316.027(1)(b) 2nd Accident involving death, failure
27 to stop; leaving scene.
28 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
29 conviction.
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
189-846-98
1 402.319(1)(f) 3rd Felony misrepresentation or
2 operation of a child care
3 facility.
4 775.0875(1) 3rd Taking firearm from law
5 enforcement officer.
6 784.021(1)(a) 3rd Aggravated assault; deadly weapon
7 without intent to kill.
8 784.021(1)(b) 3rd Aggravated assault; intent to
9 commit felony.
10 784.048(3) 3rd Aggravated stalking; credible
11 threat.
12 784.07(2)(c) 2nd Aggravated assault on law
13 enforcement officer.
14 784.08(2)(b) 2nd Aggravated assault on a person 65
15 years of age or older.
16 784.081(2) 2nd Aggravated assault on specified
17 official or employee.
18 784.082(2) 2nd Aggravated assault by detained
19 person on visitor or other
20 detainee.
21 787.02(2) 3rd False imprisonment; restraining
22 with purpose other than those in
23 s. 787.01.
24 790.115(2)(d) 2nd Discharging firearm or weapon on
25 school property.
26 790.161(2) 2nd Make, possess, or throw
27 destructive device with intent to
28 do bodily harm or damage
29 property.
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
189-846-98
1 790.164(1) 2nd False report of deadly explosive
2 or act of arson or violence to
3 state property.
4 790.19 2nd Shooting or throwing deadly
5 missiles into dwellings, vessels,
6 or vehicles.
7 794.011(8)(a) 3rd Solicitation of minor to
8 participate in sexual activity by
9 custodial adult.
10 794.05(1) 2nd Unlawful sexual activity with
11 specified minor.
12 806.031(2) 2nd Arson resulting in great bodily
13 harm to firefighter or any other
14 person.
15 810.02(3)(c) 2nd Burglary of occupied structure;
16 unarmed; no assault or battery.
17 812.014(2)(b) 2nd Property stolen $20,000 or more,
18 but less than $100,000, grand
19 theft in 2nd degree.
20 812.13(2)(c) 2nd Robbery, no firearm or other
21 weapon (strong-arm robbery).
22 817.034(4)(a)1. 1st Communications fraud, value
23 greater than $50,000.
24 817.4821(5) 2nd Possess cloning paraphernalia
25 with intent to create cloned
26 cellular telephones.
27 825.102(1) 3rd Abuse of an elderly person or
28 disabled adult.
29 825.102(3)(c) 3rd Neglect of an elderly person or
30 disabled adult.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
189-846-98
1 825.1025(3) 3rd Lewd or lascivious molestation of
2 an elderly person or disabled
3 adult.
4 825.103(2)(c) 3rd Exploiting an elderly person or
5 disabled adult and property is
6 valued at $100 or more, but less
7 than $20,000.
8 827.03(1) 3rd Abuse of a child.
9 827.03(3)(c) 3rd Neglect of a child.
10 827.071(2)&(3) 2nd Use or induce a child in a sexual
11 performance, or promote or direct
12 such performance.
13 836.05 2nd Threats; extortion.
14 836.10 2nd Written threats to kill or do
15 bodily injury.
16 843.12 3rd Aids or assists person to escape.
17 914.23 2nd Retaliation against a witness,
18 victim, or informant, with bodily
19 injury.
20 944.35(3)(a)2. 3rd Committing malicious battery upon
21 or inflicting cruel or inhuman
22 treatment on an inmate or
23 offender on community
24 supervision, resulting in great
25 bodily harm.
26 944.40 2nd Escapes.
27 944.46 3rd Harboring, concealing, aiding
28 escaped prisoners.
29 944.47(1)(a)5. 2nd Introduction of contraband
30 (firearm, weapon, or explosive)
31 into correctional facility.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
189-846-98
1 951.22(1) 3rd Intoxicating drug, firearm, or
2 weapon introduced into county
3 facility.
4 (g) LEVEL 7
5 316.193(3)(c)2. 3rd DUI resulting in serious bodily
6 injury.
7 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
8 bodily injury.
9 402.319(2) 2nd Misrepresentation and negligence
10 or intentional act resulting in
11 great bodily harm, permanent
12 disfiguration, permanent
13 disability, or death.
14 409.920(2) 3rd Medicaid provider fraud.
15 494.0018(2) 1st Conviction of any violation of
16 ss. 494.001-494.0077 in which the
17 total money and property
18 unlawfully obtained exceeded
19 $50,000 and there were five or
20 more victims.
21 782.07(1) 2nd Killing of a human being by the
22 act, procurement, or culpable
23 negligence of another
24 (manslaughter).
25 782.071 3rd Killing of human being by the
26 operation of a motor vehicle in a
27 reckless manner (vehicular
28 homicide).
29
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
189-846-98
1 782.072 3rd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.08(2)(a) 1st Aggravated battery on a person 65
17 years of age or older.
18 784.081(1) 1st Aggravated battery on specified
19 official or employee.
20 784.082(1) 1st Aggravated battery by detained
21 person on visitor or other
22 detainee.
23 790.07(4) 1st Specified weapons violation
24 subsequent to previous conviction
25 of s. 790.07(1) or (2).
26 790.16(1) 1st Discharge of a machine gun under
27 specified circumstances.
28 796.03 2nd Procuring any person under 16
29 years for prostitution.
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
189-846-98
1 800.04 2nd Handle, fondle, or assault child
2 under 16 years in lewd,
3 lascivious, or indecent manner.
4 806.01(2) 2nd Maliciously damage structure by
5 fire or explosive.
6 810.02(3)(a) 2nd Burglary of occupied dwelling;
7 unarmed; no assault or battery.
8 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
9 unarmed; no assault or battery.
10 810.02(3)(d) 2nd Burglary of occupied conveyance;
11 unarmed; no assault or battery.
12 812.014(2)(a) 1st Property stolen, valued at
13 $100,000 or more; property stolen
14 while causing other property
15 damage; 1st degree grand theft.
16 812.019(2) 1st Stolen property; initiates,
17 organizes, plans, etc., the theft
18 of property and traffics in
19 stolen property.
20 812.133(2)(b) 1st Carjacking; no firearm, deadly
21 weapon, or other weapon.
22 825.102(3)(b) 2nd Neglecting an elderly person or
23 disabled adult causing great
24 bodily harm, disability, or
25 disfigurement.
26 825.1025(2) 2nd Lewd or lascivious battery upon
27 an elderly person or disabled
28 adult.
29
30
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
189-846-98
1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(4) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 872.06 2nd Abuse of a dead human body.
12 893.13(1)(c)1. 1st Sell, manufacture, or deliver
13 cocaine (or other s.
14 893.03(1)(a), (1)(b), (1)(d),
15 (2)(a), or (2)(b) drugs) within
16 1,000 feet of a school.
17 893.13(4)(a) 1st Deliver to minor cocaine (or
18 other s. 893.03(1)(a), (1)(b),
19 (1)(d), (2)(a), or (2)(b) drugs).
20 893.135(1)(a)1. 1st Trafficking in cannabis, more
21 than 50 lbs., less than 2,000
22 lbs.
23 893.135
24 (1)(b)1.a. 1st Trafficking in cocaine, more than
25 28 grams, less than 200 grams.
26 893.135
27 (1)(c)1.a. 1st Trafficking in illegal drugs,
28 more than 4 grams, less than 14
29 grams.
30
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3581
189-846-98
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 Section 4. This act shall take effect October 1 of the
12 year in which enacted.
13
14
15
*****************************************
16
17 ADDITIONAL SPONSORS
18
Heyman, Wallace, Brown, Murman, Villalobos, Chestnut, Sindler,
19
Lynn, Harrington, Brennan, Bullard, Turnbull, Gottlieb,
20
Alexander, Putnam and Hafner
21
22
23
24
25
26
27
28
29
30
31
11