Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 630 Barcode 346830 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/13/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Clemens) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 103 - 160 4 and insert: 5 Section 2. Registration of summer camps.— 6 (1) The intent and purpose of this section is to protect 7 all children attending summer day camps or summer 24-hour camps 8 by establishing registration and screening requirements for such 9 camps and providing procedures to determine adherence to these 10 requirements. 11 (a) All owners, operators, employees, and volunteers who 12 have any contact with children in a summer day camp or summer 13 24-hour camp are considered “summer camp personnel” as defined 14 in s. 402.302, Florida Statutes. All such persons must be 15 screened using the level 2 standards in chapter 435, Florida 16 Statutes. 17 (b) Registration means a document issued by the Department 18 of Children and Families certifying an applicant meets the 19 requirements in statute and rule to operate a summer day camp or 20 summer 24-hour camp. A registration under this section is issued 21 to a summer day camp or summer 24-hour camp and is not a 22 professional license of any person. Receipt of a registration 23 under this section does not create a property right in the 24 recipient. A registration under this section is a public trust 25 and a privilege and is not an entitlement. In an administrative 26 proceeding, the department must produce competent substantial 27 evidence to support its stated reasons for denying a 28 registration or for sanctioning an existing registration. 29 (2) An application for registration shall be made on forms 30 provided and in the manner prescribed by the department. The 31 department shall determine the good moral character of the 32 applicant based on the screening requirements provided in s. 33 402.302, Florida Statutes. 34 (3)(a) Failure on the part of an owner or operator of a 35 summer day camp or summer 24-hour camp, after written 36 notification, to dismiss personnel who have been found not to be 37 in compliance with the requirements for good moral character of 38 personnel shall constitute an immediate serious danger to the 39 public health, safety, or welfare to support an emergency 40 suspension, restriction, or limitation of an existing 41 registration under s. 120.60, Florida Statutes. 42 (b) The department may adopt rules relating to the 43 registration and screening requirements for summer day camps and 44 summer 24-hour camps. 45 (c) The department shall have access to the personnel 46 records of summer day camps and summer 24-hour camps to ensure 47 compliance with registration and screening requirements. 48 (4) If the department finds that a person or entity, after 49 written notification of the registration requirement, continues 50 to operate a summer day camp or summer 24-hour camp without a 51 registration, the department shall notify the appropriate state 52 attorney of the violation of 420.319, Florida Statutes. 53 (5) A summer day camp or summer 24-hour camp shall accord 54 to the department the privilege of inspection, including access 55 to facilities and personnel and to those records required 56 pursuant to s. 402.305, Florida Statutes, at reasonable times 57 during regular business hours. The right of entry and inspection 58 shall also extend to any premises that the department has reason 59 to believe are being operated or maintained as part of the 60 summer day camp or summer 24-hour camp, but no such entry or 61 inspection of any premises shall be made without the permission 62 of the person in charge thereof unless a warrant is first 63 obtained from the circuit court authorizing same. Any 64 application for registration or renewal of registration made 65 pursuant to this act or the advertisement to the public for 66 provision of a summer day camp or a summer 24-hour camp 67 constitutes permission for any entry or inspection of the summer 68 day camp or summer 24-hour camp for which the registration is 69 sought in order to facilitate verification of the information 70 submitted on or in connection with the registration application. 71 In the event a summer day camp or summer 24-hour camp refuses 72 permission for entry or inspection to the department, a warrant 73 shall be obtained from the circuit court authorizing the same 74 prior to such entry or inspection. The department may institute 75 disciplinary proceedings pursuant to s. 402.310, Florida 76 Statutes, for such refusal. 77 (6) A summer day camp or summer 24-hour camp may not 78 advertise without including within such advertisement the 79 registration number of such summer day camp or summer 24-hour 80 camp. 81 (7) It is a misdemeanor of the first degree, punishable as 82 provided in s. 775.082 or s. 775.083, Florida Statutes, for any 83 person to knowingly: 84 (a) Operate or attempt to operate a summer day camp or 85 summer 24-hour camp without registering with the department. 86 (b) Operate or attempt to operate a summer day camp or 87 summer 24-hour camp under a registration that is suspended, 88 revoked, or terminated. 89 (c) Misrepresent, by act or omission, a summer day camp or 90 summer 24 hour camp, to be duly registered pursuant to this 91 section without being so registered. 92 (d) Make any other misrepresentation, by act or omission, 93 regarding the registration or operation of a summer day camp or 94 summer 24-hour camp to a parent or guardian who has a child 95 placed in the summer day camp or summer 24-hour camp or is 96 inquiring as to placing a child in the summer day camp or summer 97 24-hour camp, to a representative of the department, or to a 98 representative of a law enforcement agency, including, but not 99 limited to, any misrepresentation as to whether the summer day 100 camp or summer 24-hour camp complies with the screening 101 requirements of s. 402.302, Florida Statutes. 102 (8) If any summer camp personnel makes any 103 misrepresentation in violation of this section to a parent or 104 guardian who has placed a children in the summer day camp or 105 summer 24-hour camp and the parent or guardian relied upon the 106 misrepresentation, and the child suffers great bodily harm, 107 permanent disfigurement, permanent disability, or death as a 108 result of an intentional act or negligence by the summer camp 109 personnel, the summer camp personnel commits a felony of the 110 second degree, punishable as provided in s. 775.082, s. 775.083, 111 or s. 775.084, Florida Statutes. 112 (9) When the department has reasonable cause to believe 113 that grounds for denial or termination of employment exist, it 114 shall notify, in writing, the applicant, or owner and operator 115 of the summer day camp or summer 24-hour camp, and the personnel 116 affected, stating the specific record which indicates 117 noncompliance with the screening requirements. Procedures 118 established for hearing under chapter 120, Florida Statutes, 119 shall be available to the applicant, owner and operator, and 120 affected personnel, in order to present evidence relating either 121 to the accuracy of the basis for exclusion or to the denial of 122 an exemption from disqualification. 123 (10)(a) If a summer day camp or summer 24-hour camp has 124 failed to take preventive or corrective measures in accordance 125 with any order of the department to maintain conformity with the 126 registration requirements, or if there is a violation of any of 127 the provisions of any registration requirement pursuant to this 128 act, which violation threatens harm to any child or which 129 constitutes an emergency requiring immediate action, the 130 department may institute injunctive proceedings in a court of 131 competent jurisdiction to terminate the operation of the summer 132 day camp or summer 24-hour camp providing care for children when 133 such camp has willfully and knowingly refused to comply with the 134 screening requirements for personnel or has refused to terminate 135 the employment of personnel found to be in noncompliance with 136 the registration requirements. 137 (b) If the department finds, within 30 days after written 138 notification by registered mail of the requirement for 139 registration or of the violation of screening requirements, that 140 a summer day camp or summer 24-hour camp continues to provide 141 care for children without complying, the department shall notify 142 the appropriate state attorney of the violation of law and, if 143 necessary shall institute a civil suit to enjoin the summer day 144 camp or summer 24-hour camp from continuing the care of 145 children. 146 (11)(a) It is unlawful for any summer day camp or summer 147 24-hour camp providing care for children to: 148 1. Willfully or intentionally fail to comply with the 149 requirements for the screening of personnel or the dismissal of 150 personnel found to not be in compliance with chapter 435, 151 Florida Statutes. 152 2. Use information from the criminal records obtained under 153 this section for any purpose other than screening a person for 154 employment as specified in this section or to release such 155 information to any other person for any purpose other than 156 screening for employment as specified in this section. 157 3. Use information from the juvenile records of any person 158 obtained under this section for any purpose other than screening 159 for employment as specified in this section or to release 160 information from such records to any other person for any 161 purpose other than screening for employment as specified in this 162 section. 163 (b)1. A first violation of subparagraph (a)1., subparagraph 164 (a)2.,or subparagraph (a)3. is a misdemeanor of the first 165 degree, punishable as provided in s. 775.082 or s. 775.083, 166 Florida Statutes. 167 2. A second violation of subparagraph (a)1., subparagraph 168 (a)2.,or subparagraph (a)3., is a felony of the third degree, 169 punishable as provided in s. 775.082 or s. 775.083, Florida 170 Statutes. 171 3. A violation of subparagraph (a)3. is a felony of the 172 third degree, punishable as provided in s. 775.082, s. 775.083, 173 or s. 775.084, Florida Statutes. 174 Section 3. This act shall take effect July 1, 2013. 175 176 ================= T I T L E A M E N D M E N T ================ 177 And the title is amended as follows: 178 Delete lines 5 - 13 179 and insert: 180 181 providing duties of the department; providing 182 legislative intent for children in the state who 183 attend summer day camps or summer 24-hour camps; 184 requiring specified persons coming into contact with 185 children to be screened; requiring summer day camps 186 and summer 24-hour camps to register with the 187 department; providing registration and screening 188 requirements for summer camp personal; requiring a 189 camp to dismiss personnel who are not of good moral 190 character; authorizing the department to adopt rules 191 relating to registration and screening; requiring the 192 department to notify the appropriate state attorney of 193 a violation of the registration requirement; requiring 194 camps to allow the department access to personnel and 195 facilities; providing for the necessity of a warrant 196 in certain circumstances; authorizing the department 197 to institute disciplinary proceedings; requiring the 198 camp to display its registration on any advertisement; 199 providing criminal penalties; providing for 200 termination of employment of summer camp personnel; 201 providing for termination of the operation of a summer 202 day camp or summer 24-hour camp; providing for civil 203 relief and criminal penalties; providing an