Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1510
Barcode 361640
CHAMBER ACTION
Senate House
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11 The Committee on Community Affairs (Villalobos) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 4, line 29, through
16 page 5, line 29, delete those lines
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18 and insert:
19 2. Convert a license or registration to probation
20 status and require the licensee or registrant to comply with
21 the terms of probation. A probation-status license or
22 registration may not be issued for a period that exceeds 6
23 months and the probation-status license or registration may
24 not be renewed. A probation-status license or registration
25 may be suspended or revoked if periodic inspection by the
26 department or local licensing agency finds that the
27 probation-status licensee or registrant is not in compliance
28 with the terms of probation or that the probation-status
29 licensee or registrant is not making sufficient progress
30 toward compliance with ss. 402.301-402.319.
31 3. Deny, suspend, or revoke a license or registration.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1510
Barcode 361640
1 (b) In determining the appropriate disciplinary action
2 to be taken for a violation as provided in paragraph (a), the
3 following factors shall be considered:
4 1. The severity of the violation, including the
5 probability that death or serious harm to the health or safety
6 of any person will result or has resulted, the severity of the
7 actual or potential harm, and the extent to which the
8 provisions of ss. 402.301-402.319 have been violated.
9 2. Actions taken by the licensee or registrant to
10 correct the violation or to remedy complaints.
11 3. Any previous violations of the licensee or
12 registrant.
13 (c) The department shall adopt rules to:
14 1. Establish the grounds under which the department
15 may deny, suspend, or revoke a license or registration or
16 place a licensee or registrant on probation status for
17 violations of ss. 402.301-402.319.
18 2. Establish a uniform system of procedures to impose
19 disciplinary sanctions for violations of ss. 402.301-402.319.
20 The uniform system of procedures must provide for the
21 consistent application of disciplinary actions across
22 districts and a progressively increasing level of penalties
23 from predisciplinary actions, such as efforts to assist
24 licensees or registrants to correct the statutory or
25 regulatory violations, and to severe disciplinary sanctions
26 for actions that jeopardize the health and safety of children,
27 such as for the deliberate misuse of medications. The
28 department shall implement this subparagraph on January 1,
29 2007, and the implementation is not contingent upon a specific
30 appropriation.
31 (d) The disciplinary sanctions set forth in this
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1510
Barcode 361640
1 section apply to licensed child care facilities, licensed
2 large family child care homes, and licensed or registered
3 family day care homes.
4 (2) When the department has reasonable cause to
5 believe that grounds exist for the denial, suspension, or
6 revocation of a license or registration; the conversion of a
7 license or registration to probation status; or the imposition
8 of an administrative fine exist, it shall determine the matter
9 in accordance with procedures prescribed in chapter 120. When
10 the local licensing agency has reasonable cause to believe
11 that grounds exist for the denial, suspension, or revocation
12 of a license or registration; the conversion of a license or
13 registration to probation status; or the imposition of an
14 administrative fine exist, it shall notify the applicant,
15 registrant, or licensee in writing, stating the grounds upon
16 which the license or registration is being denied, suspended,
17 or revoked or an administrative fine is being imposed. If the
18 applicant, registrant, or licensee makes no written request
19 for a hearing to the local licensing agency within 15 days
20 after from receipt of the such notice, the license shall be
21 deemed denied, suspended, or revoked; the license or
22 registration shall be converted to probation status; or an
23 administrative fine shall be imposed.
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27 And the title is amended as follows:
28 On page 1, line 15, after the first semicolon,
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30 insert:
31 authorizing the department or local licensing
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1510
Barcode 361640
1 agency to convert a license or registration to
2 probation status for a violation of certain
3 laws; requiring the department to adopt rules
4 establishing the grounds for imposing
5 disciplinary actions and creating a uniform
6 system of procedures;
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