House Bill 3581c1

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    Florida House of Representatives - 1998             CS/HB 3581

        By the Committee on Crime & Punishment and Representatives
    Effman, Stafford, Ritter, Wasserman Schultz, Rayson, Tobin,
    Mackenzie, Lippman, Eggelletion, Lacasa, Silver, Ritchie,
    Frankel, Jacobs, Edwards, Spratt, D. Prewitt, Fischer, Ogles,
    (Additional Sponsors on Last Printed Page)


  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;

10         providing a penalty for negligence or

11         intentional act and the parent or guardian

12         relied on a misrepresentation; amending s.

13         921.0022, F.S.; providing for ranking of

14         violations on the offense severity ranking

15         chart; providing an effective 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 child care facility

26  in violation of s. 402.305(4), or the family day care home in

27  violation of s. 402.302(7);

28         2.  The part of the child care facility or family day

29  care home designated for child care;

30         3.  The qualifications or credentials of child care

31  personnel;

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  1         4.  Whether a family day care home or child care

  2  facility complies with the screening requirements of s.

  3  402.305; or

  4         5.  Whether child care personnel have the training as

  5  required by s. 402.305.

  6         (2)  If any child care personnel makes any

  7  misrepresentation in violation of this section to a parent or

  8  guardian who has placed a child in the child care facility or

  9  family day care home, and the parent or guardian relied upon

10  the misrepresentation, and the child suffers great bodily

11  harm, permanent disfigurement, permanent disability, or death

12  as a result of an intentional act or negligence by the child

13  care personnel, then the child care personnel commits a felony

14  of the second degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084.

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

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

18         921.0022  Criminal Punishment Code; offense severity

19  ranking chart.--

20         (3)  OFFENSE SEVERITY RANKING CHART

21

22  Florida           Felony

23  Statute           Degree             Description

24

25                              (f)  LEVEL 6

26  316.027(1)(b)      2nd      Accident involving death, failure

27                              to stop; leaving scene.

28  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

29                              conviction.

30

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  1  402.319(1)(f)      3rd      Felony misrepresentation or

  2                              operation of a child care

  3                              facility.

  4  775.0875(1)        3rd      Taking firearm from law

  5                              enforcement officer.

  6  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

  7                              without intent to kill.

  8  784.021(1)(b)      3rd      Aggravated assault; intent to

  9                              commit felony.

10  784.048(3)         3rd      Aggravated stalking; credible

11                              threat.

12  784.07(2)(c)       2nd      Aggravated assault on law

13                              enforcement officer.

14  784.08(2)(b)       2nd      Aggravated assault on a person 65

15                              years of age or older.

16  784.081(2)         2nd      Aggravated assault on specified

17                              official or employee.

18  784.082(2)         2nd      Aggravated assault by detained

19                              person on visitor or other

20                              detainee.

21  787.02(2)          3rd      False imprisonment; restraining

22                              with purpose other than those in

23                              s. 787.01.

24  790.115(2)(d)      2nd      Discharging firearm or weapon on

25                              school property.

26  790.161(2)         2nd      Make, possess, or throw

27                              destructive device with intent to

28                              do bodily harm or damage

29                              property.

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

  2                              or act of arson or violence to

  3                              state property.

  4  790.19             2nd      Shooting or throwing deadly

  5                              missiles into dwellings, vessels,

  6                              or vehicles.

  7  794.011(8)(a)      3rd      Solicitation of minor to

  8                              participate in sexual activity by

  9                              custodial adult.

10  794.05(1)          2nd      Unlawful sexual activity with

11                              specified minor.

12  806.031(2)         2nd      Arson resulting in great bodily

13                              harm to firefighter or any other

14                              person.

15  810.02(3)(c)       2nd      Burglary of occupied structure;

16                              unarmed; no assault or battery.

17  812.014(2)(b)      2nd      Property stolen $20,000 or more,

18                              but less than $100,000, grand

19                              theft in 2nd degree.

20  812.13(2)(c)       2nd      Robbery, no firearm or other

21                              weapon (strong-arm robbery).

22  817.034(4)(a)1.    1st      Communications fraud, value

23                              greater than $50,000.

24  817.4821(5)        2nd      Possess cloning paraphernalia

25                              with intent to create cloned

26                              cellular telephones.

27  825.102(1)         3rd      Abuse of an elderly person or

28                              disabled adult.

29  825.102(3)(c)      3rd      Neglect of an elderly person or

30                              disabled adult.

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  1  825.1025(3)        3rd      Lewd or lascivious molestation of

  2                              an elderly person or disabled

  3                              adult.

  4  825.103(2)(c)      3rd      Exploiting an elderly person or

  5                              disabled adult and property is

  6                              valued at $100 or more, but less

  7                              than $20,000.

  8  827.03(1)          3rd      Abuse of a child.

  9  827.03(3)(c)       3rd      Neglect of a child.

10  827.071(2)&(3)     2nd      Use or induce a child in a sexual

11                              performance, or promote or direct

12                              such performance.

13  836.05             2nd      Threats; extortion.

14  836.10             2nd      Written threats to kill or do

15                              bodily injury.

16  843.12             3rd      Aids or assists person to escape.

17  914.23             2nd      Retaliation against a witness,

18                              victim, or informant, with bodily

19                              injury.

20  944.35(3)(a)2.     3rd      Committing malicious battery upon

21                              or inflicting cruel or inhuman

22                              treatment on an inmate or

23                              offender on community

24                              supervision, resulting in great

25                              bodily harm.

26  944.40             2nd      Escapes.

27  944.46             3rd      Harboring, concealing, aiding

28                              escaped prisoners.

29  944.47(1)(a)5.     2nd      Introduction of contraband

30                              (firearm, weapon, or explosive)

31                              into correctional facility.

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

  2                              weapon introduced into county

  3                              facility.

  4                              (g)  LEVEL 7

  5  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

  6                              injury.

  7  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

  8                              bodily injury.

  9  402.319(2)         2nd      Misrepresentation and negligence

10                              or intentional act resulting in

11                              great bodily harm, permanent

12                              disfiguration, permanent

13                              disability, or death.

14  409.920(2)         3rd      Medicaid provider fraud.

15  494.0018(2)        1st      Conviction of any violation of

16                              ss. 494.001-494.0077 in which the

17                              total money and property

18                              unlawfully obtained exceeded

19                              $50,000 and there were five or

20                              more victims.

21  782.07(1)          2nd      Killing of a human being by the

22                              act, procurement, or culpable

23                              negligence of another

24                              (manslaughter).

25  782.071            3rd      Killing of human being by the

26                              operation of a motor vehicle in a

27                              reckless manner (vehicular

28                              homicide).

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  1  782.072            3rd      Killing of a human being by the

  2                              operation of a vessel in a

  3                              reckless manner (vessel

  4                              homicide).

  5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

  6                              causing great bodily harm or

  7                              disfigurement.

  8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

  9                              weapon.

10  784.045(1)(b)      2nd      Aggravated battery; perpetrator

11                              aware victim pregnant.

12  784.048(4)         3rd      Aggravated stalking; violation of

13                              injunction or court order.

14  784.07(2)(d)       1st      Aggravated battery on law

15                              enforcement officer.

16  784.08(2)(a)       1st      Aggravated battery on a person 65

17                              years of age or older.

18  784.081(1)         1st      Aggravated battery on specified

19                              official or employee.

20  784.082(1)         1st      Aggravated battery by detained

21                              person on visitor or other

22                              detainee.

23  790.07(4)          1st      Specified weapons violation

24                              subsequent to previous conviction

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

26  790.16(1)          1st      Discharge of a machine gun under

27                              specified circumstances.

28  796.03             2nd      Procuring any person under 16

29                              years for prostitution.

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  1  800.04             2nd      Handle, fondle, or assault child

  2                              under 16 years in lewd,

  3                              lascivious, or indecent manner.

  4  806.01(2)          2nd      Maliciously damage structure by

  5                              fire or explosive.

  6  810.02(3)(a)       2nd      Burglary of occupied dwelling;

  7                              unarmed; no assault or battery.

  8  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

  9                              unarmed; no assault or battery.

10  810.02(3)(d)       2nd      Burglary of occupied conveyance;

11                              unarmed; no assault or battery.

12  812.014(2)(a)      1st      Property stolen, valued at

13                              $100,000 or more; property stolen

14                              while causing other property

15                              damage; 1st degree grand theft.

16  812.019(2)         1st      Stolen property; initiates,

17                              organizes, plans, etc., the theft

18                              of property and traffics in

19                              stolen property.

20  812.133(2)(b)      1st      Carjacking; no firearm, deadly

21                              weapon, or other weapon.

22  825.102(3)(b)      2nd      Neglecting an elderly person or

23                              disabled adult causing great

24                              bodily harm, disability, or

25                              disfigurement.

26  825.1025(2)        2nd      Lewd or lascivious battery upon

27                              an elderly person or disabled

28                              adult.

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  1  825.103(2)(b)      2nd      Exploiting an elderly person or

  2                              disabled adult and property is

  3                              valued at $20,000 or more, but

  4                              less than $100,000.

  5  827.03(3)(b)       2nd      Neglect of a child causing great

  6                              bodily harm, disability, or

  7                              disfigurement.

  8  827.04(4)          3rd      Impregnation of a child under 16

  9                              years of age by person 21 years

10                              of age or older.

11  872.06             2nd      Abuse of a dead human body.

12  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

13                              cocaine (or other s.

14                              893.03(1)(a), (1)(b), (1)(d),

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

16                              1,000 feet of a school.

17  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

20  893.135(1)(a)1.    1st      Trafficking in cannabis, more

21                              than 50 lbs., less than 2,000

22                              lbs.

23  893.135

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

25                              28 grams, less than 200 grams.

26  893.135

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

28                              more than 4 grams, less than 14

29                              grams.

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

12  year in which enacted.

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17                       ADDITIONAL SPONSORS

18
    Heyman, Wallace, Brown, Murman, Villalobos, Chestnut, Sindler,
19
    Lynn, Harrington, Brennan, Bullard, Turnbull, Gottlieb,
20
    Alexander, Putnam and Hafner
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