Senate Bill 0750
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 750
By Senator Forman
32-124B-99 See HB
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
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 violations 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 - 1999 SB 750
32-124B-99 See HB
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 or
16 omission, regarding the licensure or operation of a child care
17 facility or family day care home to a parent or guardian who
18 has a child placed in the facility or is inquiring as to
19 placing a child in the facility, or to a representative of the
20 licensing authority, or to a representative of a law
21 enforcement agency, including, but not limited to, any
22 misrepresentation as to:
23 1. The number of children at the child care facility
24 or the family day care home;
25 2. The part of the child care facility or family day
26 care home designated for child care;
27 3. The qualifications or credentials of child care
28 personnel;
29 4. Whether a family day care home or child care
30 facility complies with the screening requirements of s.
31 402.305; or
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Florida Senate - 1999 SB 750
32-124B-99 See HB
1 5. Whether child care personnel have the training as
2 required by s. 402.305.
3 (2) If any child care personnel makes any
4 misrepresentation in violation of this section to a parent or
5 guardian who has placed a child in the child care facility or
6 family day care home, and the parent or guardian relied upon
7 the misrepresentation, and the child suffers great bodily
8 harm, permanent disfigurement, permanent disability, or death
9 as a result of an intentional act or negligence by the child
10 care personnel, then the child care personnel commits a felony
11 of the second degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084.
13 Section 3. Paragraph (g) of subsection (3) of section
14 921.0022, Florida Statutes, 1998 Supplement, is amended to
15 read:
16 921.0022 Criminal Punishment Code; offense severity
17 ranking chart.--
18 (3) OFFENSE SEVERITY RANKING CHART
19
20 Florida Felony
21 Statute Degree Description
22
23 (g) LEVEL 7
24 316.193(3)(c)2. 3rd DUI resulting in serious bodily
25 injury.
26 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
27 bodily injury.
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29
30
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Florida Senate - 1999 SB 750
32-124B-99 See HB
1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 494.0018(2) 1st Conviction of any violation of
8 ss. 494.001-494.0077 in which the
9 total money and property
10 unlawfully obtained exceeded
11 $50,000 and there were five or
12 more victims.
13 782.051(3) 2nd Attempted felony murder of a
14 person by a person other than the
15 perpetrator or the perpetrator of
16 an attempted felony.
17 782.07(1) 2nd Killing of a human being by the
18 act, procurement, or culpable
19 negligence of another
20 (manslaughter).
21 782.071 3rd Killing of human being or viable
22 fetus by the operation of a motor
23 vehicle in a reckless manner
24 (vehicular homicide).
25 782.072 3rd Killing of a human being by the
26 operation of a vessel in a
27 reckless manner (vessel
28 homicide).
29 784.045(1)(a)1. 2nd Aggravated battery; intentionally
30 causing great bodily harm or
31 disfigurement.
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Florida Senate - 1999 SB 750
32-124B-99 See HB
1 784.045(1)(a)2. 2nd Aggravated battery; using deadly
2 weapon.
3 784.045(1)(b) 2nd Aggravated battery; perpetrator
4 aware victim pregnant.
5 784.048(4) 3rd Aggravated stalking; violation of
6 injunction or court order.
7 784.07(2)(d) 1st Aggravated battery on law
8 enforcement officer.
9 784.08(2)(a) 1st Aggravated battery on a person 65
10 years of age or older.
11 784.081(1) 1st Aggravated battery on specified
12 official or employee.
13 784.082(1) 1st Aggravated battery by detained
14 person on visitor or other
15 detainee.
16 784.083(1) 1st Aggravated battery on code
17 inspector.
18 790.07(4) 1st Specified weapons violation
19 subsequent to previous conviction
20 of s. 790.07(1) or (2).
21 790.16(1) 1st Discharge of a machine gun under
22 specified circumstances.
23 796.03 2nd Procuring any person under 16
24 years for prostitution.
25 800.04 2nd Handle, fondle, or assault child
26 under 16 years in lewd,
27 lascivious, or indecent manner.
28 806.01(2) 2nd Maliciously damage structure by
29 fire or explosive.
30 810.02(3)(a) 2nd Burglary of occupied dwelling;
31 unarmed; no assault or battery.
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Florida Senate - 1999 SB 750
32-124B-99 See HB
1 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(d) 2nd Burglary of occupied conveyance;
4 unarmed; no assault or battery.
5 812.014(2)(a) 1st Property stolen, valued at
6 $100,000 or more; property stolen
7 while causing other property
8 damage; 1st degree grand theft.
9 812.019(2) 1st Stolen property; initiates,
10 organizes, plans, etc., the theft
11 of property and traffics in
12 stolen property.
13 812.133(2)(b) 1st Carjacking; no firearm, deadly
14 weapon, or other weapon.
15 825.102(3)(b) 2nd Neglecting an elderly person or
16 disabled adult causing great
17 bodily harm, disability, or
18 disfigurement.
19 825.1025(2) 2nd Lewd or lascivious battery upon
20 an elderly person or disabled
21 adult.
22 825.103(2)(b) 2nd Exploiting an elderly person or
23 disabled adult and property is
24 valued at $20,000 or more, but
25 less than $100,000.
26 827.03(3)(b) 2nd Neglect of a child causing great
27 bodily harm, disability, or
28 disfigurement.
29 827.04(3)(4) 3rd Impregnation of a child under 16
30 years of age by person 21 years
31 of age or older.
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Florida Senate - 1999 SB 750
32-124B-99 See HB
1 837.05(2) 3rd Giving false information about
2 alleged capital felony to a law
3 enforcement officer.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), or (2)(b)) within
9 1,000 feet of a child care
10 facility or school.
11 893.13(1)(e) 1st Sell, manufacture, or deliver
12 cocaine or other drug prohibited
13 under s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), or (2)(b), within
15 1,000 feet of property used for
16 religious services or a specified
17 business site.
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.
31
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Florida Senate - 1999 SB 750
32-124B-99 See HB
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.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 Section 4. This act shall take effect October 1, 1999.
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17 *****************************************
18 HOUSE SUMMARY
19
Creates the "Jeremy Fiedelholtz Safe Child Care Act."
20 Provides a first degree misdemeanor penalty for making
misrepresentations to certain persons regarding licensure
21 or operation of a child care facility or family day care
home, or misrepresenting one's qualifications with
22 respect thereto. Provides a second degree felony penalty
where any misrepresentation in violation of the act was
23 made and relied upon by a child's parent or guardian and
a negligent or intentional act by child care personnel
24 resulted in the child's great bodily harm, permanent
disability, permanent disfigurement, or death. Provides
25 for ranking of violations on the offense severity ranking
chart.
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