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





                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 3657

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Forman moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 2, between lines 26 and 27,

15

16  insert:

17         Section 3.  This act may be cited as the "Jeremy

18  Fiedelholtz Safe Day Care Act."

19         Section 4.  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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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 3657

    Amendment No.    





 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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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 3657

    Amendment No.    





 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 5.  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.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 3657

    Amendment No.    





 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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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 3657

    Amendment No.    





 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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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 3657

    Amendment No.    





 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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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 3657

    Amendment No.    





 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

19  (Redesignate subsequent sections.)

20

21

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

23  And the title is amended as follows:

24         On page 1, line 9, after the semicolon,

25

26  insert:

27         creating the "Jeremy Fiedelholtz Safe Day Care

28         Act"; amending s. 402.319, F.S.; providing a

29         penalty for making misrepresentations to

30         certain persons regarding licensure or

31         operation of a child care facility or family

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 3657

    Amendment No.    





 1         day care home; providing a penalty for culpable

 2         negligence or intentional act and the parent or

 3         guardian relied on a misrepresentation;

 4         amending s. 921.0022, F.S.; providing for

 5         ranking of violation on the offense severity

 6         ranking chart;

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