Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 630
       
       
       
       
       
       
                                Barcode 346830                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2013           .                                
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       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