Senate Bill 1122

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



    Florida Senate - 1998                                  SB 1122

    By Senator Forman





    32-1068A-98                                             See HB

  1                      A bill to be entitled

  2         An act relating to day 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 day care facility or family day

  7         care home; providing a penalty for making other

  8         misrepresentations to certain persons regarding

  9         such licensure or operation or for violations

10         relating to the staff-to-children ratio or the

11         number of children at the facility; amending s.

12         921.0022, F.S.; providing for ranking of

13         violations on the offense severity ranking

14         chart; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  This act may be cited as the "Jeremy

19  Fiedelholtz Safe Day Care Act."

20         Section 2.  Section 402.319, Florida Statutes, is

21  amended to read:

22         402.319  Penalties.--

23         (1)  It is a felony misdemeanor of the third first

24  degree, punishable as provided in s. 775.082 or s. 775.083,

25  for any person willfully, knowingly, or intentionally to:

26         (a)(1)  Fail, by false statement, misrepresentation,

27  impersonation, or other fraudulent means, to disclose in any

28  application for voluntary or paid employment or licensure

29  regulated under ss. 402.301-402.318 all information required

30  under those sections or a material fact used in making a

31  determination as to such person's qualifications to be child

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    Florida Senate - 1998                                  SB 1122
    32-1068A-98                                             See HB




  1  care personnel, as defined in s. 402.302, an owner, operator,

  2  employee, or volunteer in a child care facility, family day

  3  care home, or other child care program.

  4         (b)(2)  Operate or attempt to operate a child care

  5  facility without having procured a license as required by this

  6  act.

  7         (c)(5)  Operate or attempt to operate a family day care

  8  home without a license or without registering with the

  9  department, whichever is applicable.

10         (d)(3)  Operate or attempt to operate a child care

11  facility or family day care home under a license that is

12  suspended, revoked, or terminated.

13         (e)(4)  Misrepresent Represent, by act or omission, a

14  child care facility or family day care home to be duly

15  licensed pursuant to this act without being so licensed.

16         (f)  Make any other misrepresentation, by act or

17  omission, regarding the licensure or operation of a child care

18  facility or family day care home to a parent or guardian who

19  has a child placed in the facility or is inquiring as to

20  placing a child in the facility, or to a representative of the

21  licensing authority, or to a representative of a law

22  enforcement agency, including, but not limited to, any

23  misrepresentation as to:

24         1.  The number of children at the facility, in

25  violation of s. 402.302(7) or s. 402.305(4);

26         2.  The part of the facility designated for child care;

27  or

28         3.  The credentials, relating to the care of children,

29  of any child care personnel, as defined in s. 402.302.

30         (g)  Operate a child care facility or family day care

31  home in violation of s. 402.302(7) or s. 402.305(4).

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    Florida Senate - 1998                                  SB 1122
    32-1068A-98                                             See HB




  1         (2)  In the event that great bodily harm, permanent

  2  disability, or permanent disfigurement results from a

  3  violation of this section, the violation shall be a felony of

  4  the second degree, punishable as provided in s. 775.082 or s.

  5  775.083.

  6         Section 3.  Paragraphs (f) and (g) of subsection (3) of

  7  section 921.0022, Florida Statutes, are amended to read:

  8         921.0022  Criminal Punishment Code; offense severity

  9  ranking chart.--

10         (3)  OFFENSE SEVERITY RANKING CHART

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12  Florida           Felony

13  Statute           Degree             Description

14

15                              (f)  LEVEL 6

16  316.027(1)(b)      2nd      Accident involving death, failure

17                              to stop; leaving scene.

18  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

19                              conviction.

20  402.319(1)(f)&(g)  3rd      Felony misrepresentation or

21                              operation of a child care

22                              facility.

23  775.0875(1)        3rd      Taking firearm from law

24                              enforcement officer.

25  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

26                              without intent to kill.

27  784.021(1)(b)      3rd      Aggravated assault; intent to

28                              commit felony.

29  784.048(3)         3rd      Aggravated stalking; credible

30                              threat.

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    Florida Senate - 1998                                  SB 1122
    32-1068A-98                                             See HB




  1  784.07(2)(c)       2nd      Aggravated assault on law

  2                              enforcement officer.

  3  784.08(2)(b)       2nd      Aggravated assault on a person 65

  4                              years of age or older.

  5  784.081(2)         2nd      Aggravated assault on specified

  6                              official or employee.

  7  784.082(2)         2nd      Aggravated assault by detained

  8                              person on visitor or other

  9                              detainee.

10  787.02(2)          3rd      False imprisonment; restraining

11                              with purpose other than those in

12                              s. 787.01.

13  790.115(2)(d)      2nd      Discharging firearm or weapon on

14                              school property.

15  790.161(2)         2nd      Make, possess, or throw

16                              destructive device with intent to

17                              do bodily harm or damage

18                              property.

19  790.164(1)         2nd      False report of deadly explosive

20                              or act of arson or violence to

21                              state property.

22  790.19             2nd      Shooting or throwing deadly

23                              missiles into dwellings, vessels,

24                              or vehicles.

25  794.011(8)(a)      3rd      Solicitation of minor to

26                              participate in sexual activity by

27                              custodial adult.

28  794.05(1)          2nd      Unlawful sexual activity with

29                              specified minor.

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






    Florida Senate - 1998                                  SB 1122
    32-1068A-98                                             See HB




  1  806.031(2)         2nd      Arson resulting in great bodily

  2                              harm to firefighter or any other

  3                              person.

  4  810.02(3)(c)       2nd      Burglary of occupied structure;

  5                              unarmed; no assault or battery.

  6  812.014(2)(b)      2nd      Property stolen $20,000 or more,

  7                              but less than $100,000, grand

  8                              theft in 2nd degree.

  9  812.13(2)(c)       2nd      Robbery, no firearm or other

10                              weapon (strong-arm robbery).

11  817.034(4)(a)1.    1st      Communications fraud, value

12                              greater than $50,000.

13  817.4821(5)        2nd      Possess cloning paraphernalia

14                              with intent to create cloned

15                              cellular telephones.

16  825.102(1)         3rd      Abuse of an elderly person or

17                              disabled adult.

18  825.102(3)(c)      3rd      Neglect of an elderly person or

19                              disabled adult.

20  825.1025(3)        3rd      Lewd or lascivious molestation of

21                              an elderly person or disabled

22                              adult.

23  825.103(2)(c)      3rd      Exploiting an elderly person or

24                              disabled adult and property is

25                              valued at $100 or more, but less

26                              than $20,000.

27  827.03(1)          3rd      Abuse of a child.

28  827.03(3)(c)       3rd      Neglect of a child.

29  827.071(2)&(3)     2nd      Use or induce a child in a sexual

30                              performance, or promote or direct

31                              such performance.

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    Florida Senate - 1998                                  SB 1122
    32-1068A-98                                             See HB




  1  836.05             2nd      Threats; extortion.

  2  836.10             2nd      Written threats to kill or do

  3                              bodily injury.

  4  843.12             3rd      Aids or assists person to escape.

  5  914.23             2nd      Retaliation against a witness,

  6                              victim, or informant, with bodily

  7                              injury.

  8  944.35(3)(a)2.     3rd      Committing malicious battery upon

  9                              or inflicting cruel or inhuman

10                              treatment on an inmate or

11                              offender on community

12                              supervision, resulting in great

13                              bodily harm.

14  944.40             2nd      Escapes.

15  944.46             3rd      Harboring, concealing, aiding

16                              escaped prisoners.

17  944.47(1)(a)5.     2nd      Introduction of contraband

18                              (firearm, weapon, or explosive)

19                              into correctional facility.

20  951.22(1)          3rd      Intoxicating drug, firearm, or

21                              weapon introduced into county

22                              facility.

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.

28  402.319(2)         2nd      Child care facility violation

29                              resulting in great bodily harm,

30                              or permanent disability or

31                              disfigurement.

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    Florida Senate - 1998                                  SB 1122
    32-1068A-98                                             See HB




  1  409.920(2)         3rd      Medicaid provider fraud.

  2  494.0018(2)        1st      Conviction of any violation of

  3                              ss. 494.001-494.0077 in which the

  4                              total money and property

  5                              unlawfully obtained exceeded

  6                              $50,000 and there were five or

  7                              more victims.

  8  782.07(1)          2nd      Killing of a human being by the

  9                              act, procurement, or culpable

10                              negligence of another

11                              (manslaughter).

12  782.071            3rd      Killing of human being by the

13                              operation of a motor vehicle in a

14                              reckless manner (vehicular

15                              homicide).

16  782.072            3rd      Killing of a human being by the

17                              operation of a vessel in a

18                              reckless manner (vessel

19                              homicide).

20  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

21                              causing great bodily harm or

22                              disfigurement.

23  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

24                              weapon.

25  784.045(1)(b)      2nd      Aggravated battery; perpetrator

26                              aware victim pregnant.

27  784.048(4)         3rd      Aggravated stalking; violation of

28                              injunction or court order.

29  784.07(2)(d)       1st      Aggravated battery on law

30                              enforcement officer.

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






    Florida Senate - 1998                                  SB 1122
    32-1068A-98                                             See HB




  1  784.08(2)(a)       1st      Aggravated battery on a person 65

  2                              years of age or older.

  3  784.081(1)         1st      Aggravated battery on specified

  4                              official or employee.

  5  784.082(1)         1st      Aggravated battery by detained

  6                              person on visitor or other

  7                              detainee.

  8  790.07(4)          1st      Specified weapons violation

  9                              subsequent to previous conviction

10                              of s. 790.07(1) or (2).

11  790.16(1)          1st      Discharge of a machine gun under

12                              specified circumstances.

13  796.03             2nd      Procuring any person under 16

14                              years for prostitution.

15  800.04             2nd      Handle, fondle, or assault child

16                              under 16 years in lewd,

17                              lascivious, or indecent manner.

18  806.01(2)          2nd      Maliciously damage structure by

19                              fire or explosive.

20  810.02(3)(a)       2nd      Burglary of occupied dwelling;

21                              unarmed; no assault or battery.

22  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

23                              unarmed; no assault or battery.

24  810.02(3)(d)       2nd      Burglary of occupied conveyance;

25                              unarmed; no assault or battery.

26  812.014(2)(a)      1st      Property stolen, valued at

27                              $100,000 or more; property stolen

28                              while causing other property

29                              damage; 1st degree grand theft.

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    Florida Senate - 1998                                  SB 1122
    32-1068A-98                                             See HB




  1  812.019(2)         1st      Stolen property; initiates,

  2                              organizes, plans, etc., the theft

  3                              of property and traffics in

  4                              stolen property.

  5  812.133(2)(b)      1st      Carjacking; no firearm, deadly

  6                              weapon, or other weapon.

  7  825.102(3)(b)      2nd      Neglecting an elderly person or

  8                              disabled adult causing great

  9                              bodily harm, disability, or

10                              disfigurement.

11  825.1025(2)        2nd      Lewd or lascivious battery upon

12                              an elderly person or disabled

13                              adult.

14  825.103(2)(b)      2nd      Exploiting an elderly person or

15                              disabled adult and property is

16                              valued at $20,000 or more, but

17                              less than $100,000.

18  827.03(3)(b)       2nd      Neglect of a child causing great

19                              bodily harm, disability, or

20                              disfigurement.

21  827.04(4)          3rd      Impregnation of a child under 16

22                              years of age by person 21 years

23                              of age or older.

24  872.06             2nd      Abuse of a dead human body.

25  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

26                              cocaine (or other s.

27                              893.03(1)(a), (1)(b), (1)(d),

28                              (2)(a), or (2)(b) drugs) within

29                              1,000 feet of a school.

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    Florida Senate - 1998                                  SB 1122
    32-1068A-98                                             See HB




  1  893.13(4)(a)       1st      Deliver to minor cocaine (or

  2                              other s. 893.03(1)(a), (1)(b),

  3                              (1)(d), (2)(a), or (2)(b) drugs).

  4  893.135(1)(a)1.    1st      Trafficking in cannabis, more

  5                              than 50 lbs., less than 2,000

  6                              lbs.

  7  893.135

  8   (1)(b)1.a.        1st      Trafficking in cocaine, more than

  9                              28 grams, less than 200 grams.

10  893.135

11   (1)(c)1.a.        1st      Trafficking in illegal drugs,

12                              more than 4 grams, less than 14

13                              grams.

14  893.135

15   (1)(d)1.          1st      Trafficking in phencyclidine,

16                              more than 28 grams, less than 200

17                              grams.

18  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

19                              than 200 grams, less than 5

20                              kilograms.

21  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

22                              than 14 grams, less than 28

23                              grams.

24         Section 4.  This act shall take effect October 1 of the

25  year in which enacted.

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    Florida Senate - 1998                                  SB 1122
    32-1068A-98                                             See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Creates the "Jeremy Fiedelholtz Safe Day Care Act."
  4    Increases the penalty for violations relating to
      licensure or operation of a day care facility or family
  5    day care home, or misrepresenting one's qualifications
      with respect thereto, from a first degree misdemeanor to
  6    a third degree felony. Provides a third degree felony
      penalty for making other misrepresentations to certain
  7    persons regarding such licensure or operation or for
      violating requirements relating to the staff-to-children
  8    ratio or the number of children at the facility. Provides
      a second degree felony penalty in the event a violation
  9    results in great bodily harm, permanent disability, or
      permanent disfigurement. Provides for ranking of
10    violations on the offense severity ranking chart.

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