House Bill 3581
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Florida House of Representatives - 1998 HB 3581
By Representatives Effman, Stafford, Ritter, Wasserman
Schultz, Rayson, Tobin, Mackenzie, Lippman, Eggelletion,
Lacasa, Silver, Ritchie, Frankel, Jacobs, Edwards, Spratt, D.
Prewitt, Fischer, Ogles, Heyman, Wallace and Brown
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.; increasing a
5 penalty for violations relating to licensure or
6 operation of a child care facility or family
7 day care home; providing a penalty for making
8 other misrepresentations to certain persons
9 regarding such licensure or operation or for
10 violations relating to the staff-to-children
11 ratio or the number of children at the
12 facility; amending s. 921.0022, F.S.; providing
13 for ranking of violations on the offense
14 severity ranking chart; providing an effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. This act may be cited as the "Jeremy
20 Fiedelholtz Safe Day Care Act."
21 Section 2. Section 402.319, Florida Statutes, is
22 amended to read:
23 402.319 Penalties.--
24 (1) It is a felony misdemeanor of the third first
25 degree, punishable as provided in s. 775.082 or s. 775.083,
26 for any person willfully, knowingly, or intentionally to:
27 (a)(1) Fail, by false statement, misrepresentation,
28 impersonation, or other fraudulent means, to disclose in any
29 application for voluntary or paid employment or licensure
30 regulated under ss. 402.301-402.318 all information required
31 under those sections or a material fact used in making a
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1 determination as to such person's qualifications to be child
2 care personnel, as defined in s. 402.302, an owner, operator,
3 employee, or volunteer in a child care facility, family day
4 care home, or other child care program.
5 (b)(2) Operate or attempt to operate a child care
6 facility without having procured a license as required by this
7 act.
8 (c)(5) Operate or attempt to operate a family day care
9 home without a license or without registering with the
10 department, whichever is applicable.
11 (d)(3) Operate or attempt to operate a child care
12 facility or family day care home under a license that is
13 suspended, revoked, or terminated.
14 (e)(4) Misrepresent Represent, by act or omission, a
15 child care facility or family day care home to be duly
16 licensed pursuant to this act without being so licensed.
17 (f) Make any other misrepresentation, by act or
18 omission, regarding the licensure or operation of a child care
19 facility or family day care home to a parent or guardian who
20 has a child placed in the facility or is inquiring as to
21 placing a child in the facility, or to a representative of the
22 licensing authority, or to a representative of a law
23 enforcement agency, including, but not limited to, any
24 misrepresentation as to:
25 1. The number of children at the facility, in
26 violation of s. 402.302(7) or s. 402.305(4);
27 2. The part of the facility designated for child care;
28 or
29 3. The credentials, relating to the care of children,
30 of any child care personnel, as defined in s. 402.302.
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1 (g) Operate a child care facility or family day care
2 home in violation of s. 402.302(7) or s. 402.305(4).
3 (2) In the event that great bodily harm, permanent
4 disability, or permanent disfigurement results from a
5 violation of this section, the violation shall be a felony of
6 the second degree, punishable as provided in s. 775.082 or s.
7 775.083.
8 Section 3. Paragraphs (f) and (g) of subsection (3) of
9 section 921.0022, Florida Statutes, are amended to read:
10 921.0022 Criminal Punishment Code; offense severity
11 ranking chart.--
12 (3) OFFENSE SEVERITY RANKING CHART
13
14 Florida Felony
15 Statute Degree Description
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17 (f) LEVEL 6
18 316.027(1)(b) 2nd Accident involving death, failure
19 to stop; leaving scene.
20 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
21 conviction.
22 402.319(1)(f)&(g) 3rd Felony misrepresentation or
23 operation of a child care
24 facility.
25 775.0875(1) 3rd Taking firearm from law
26 enforcement officer.
27 784.021(1)(a) 3rd Aggravated assault; deadly weapon
28 without intent to kill.
29 784.021(1)(b) 3rd Aggravated assault; intent to
30 commit felony.
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1 784.048(3) 3rd Aggravated stalking; credible
2 threat.
3 784.07(2)(c) 2nd Aggravated assault on law
4 enforcement officer.
5 784.08(2)(b) 2nd Aggravated assault on a person 65
6 years of age or older.
7 784.081(2) 2nd Aggravated assault on specified
8 official or employee.
9 784.082(2) 2nd Aggravated assault by detained
10 person on visitor or other
11 detainee.
12 787.02(2) 3rd False imprisonment; restraining
13 with purpose other than those in
14 s. 787.01.
15 790.115(2)(d) 2nd Discharging firearm or weapon on
16 school property.
17 790.161(2) 2nd Make, possess, or throw
18 destructive device with intent to
19 do bodily harm or damage
20 property.
21 790.164(1) 2nd False report of deadly explosive
22 or act of arson or violence to
23 state property.
24 790.19 2nd Shooting or throwing deadly
25 missiles into dwellings, vessels,
26 or vehicles.
27 794.011(8)(a) 3rd Solicitation of minor to
28 participate in sexual activity by
29 custodial adult.
30 794.05(1) 2nd Unlawful sexual activity with
31 specified minor.
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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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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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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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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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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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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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2 HOUSE SUMMARY
3
Creates the "Jeremy Fiedelholtz Safe Day Care Act."
4 Increases the penalty for violations relating to
licensure or operation of a child 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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