HB 223

1
A bill to be entitled
2An act relating to protection of children; amending s.
3402.302, F.S.; revising the definition of the term "child
4care personnel" for screening purposes; amending s.
5409.175, F.S.; revising purpose; revising definitions;
6requiring summer day camps and summer 24-hour camps to be
7licensed by the Department of Children and Family
8Services; requiring employees of summer day camps and
9summer 24-hour camps to undergo level 2 screening;
10conforming provisions; repealing s. 409.1758, F.S.,
11relating to exemption from fingerprint requirements for
12screening purposes for summer camp personnel; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (3) of section 402.302, Florida
18Statutes, is amended to read:
19     402.302  Definitions.--
20     (3)  "Child care personnel" means all owners, operators,
21employees, and volunteers working in a child care facility. The
22term does not include persons who work in a child care facility
23after hours when children are not present or parents of children
24in Head Start. For purposes of screening, the term includes any
25member, over the age of 12 years, of a child care facility
26operator's family, or person, over the age of 12 years, residing
27with a child care facility operator if the child care facility
28is located in or adjacent to the home of the operator or if the
29family member of, or person residing with, the child care
30facility operator has any direct contact with the children in
31the facility during its hours of operation. Members of the
32operator's family or persons residing with the operator who are
33between the ages of 12 years and 18 years shall not be required
34to be fingerprinted but shall be screened for delinquency
35records. For purposes of screening, the term shall also include
36persons who work in child care programs which provide care for
37children 15 hours or more each week in public or nonpublic
38schools, summer day camps, summer 24-hour camps, family day care
39homes, or those programs otherwise exempted under s. 402.316.
40The term does not include public or nonpublic school personnel
41who are providing care during regular school hours, or after
42hours for activities related to a school's program for grades
43kindergarten through 12. A volunteer who assists on an
44intermittent basis for less than 40 hours per month is not
45included in the term "personnel" for the purposes of screening
46and training, provided that the volunteer is under direct and
47constant supervision by persons who meet the personnel
48requirements of s. 402.305(2). Students who observe and
49participate in a child care facility as a part of their required
50coursework shall not be considered child care personnel,
51provided such observation and participation are on an
52intermittent basis and the students are under direct and
53constant supervision of child care personnel.
54     Section 2.  Subsections (1) and (2) and subsections (4)
55through (12) of section 409.175, Florida Statutes, are amended
56to read:
57     409.175  Licensure of family foster homes, residential
58child-caring agencies, and child-placing agencies, summer day
59camps, and summer 24-hour camps; public records exemption.--
60     (1)(a)  The purpose of this section is to protect the
61health, safety, and well-being of all children in the state who
62are cared for by family foster homes, residential child-caring
63agencies, and child-placing agencies, summer day camps, and
64summer 24-hour camps by providing for the establishment of
65licensing requirements for such homes, and agencies, and camps
66and providing procedures to determine adherence to these
67requirements.
68     (b)  Nothing in this section gives any governmental agency
69jurisdiction or authority to regulate, control, or supervise the
70form, manner, or content of any religious curriculum or
71teachings of a family foster home, or of a child-caring or
72child-placing agency, summer day camp, or summer 24-hour camp,
73provided the health, safety, or well-being of the child is not
74adversely affected.
75     (2)  As used in this section, the term:
76     (a)  "Agency" means a residential child-caring agency or a
77child-placing agency.
78     (b)  "Boarding school" means a school which is accredited
79by the Florida Council of Independent Schools or the Southern
80Association of Colleges and Schools; which is accredited by the
81Council on Accreditation, the Commission on Accreditation of
82Rehabilitation Facilities, or the Coalition for Residential
83Education; and which is registered with the Department of
84Education as a school. Its program must follow established
85school schedules, with holiday breaks and summer recesses in
86accordance with other public and private school programs. The
87children in residence must customarily return to their family
88homes or legal guardians during school breaks and must not be in
89residence year-round, except that this provision does not apply
90to foreign students. The parents of these children retain
91custody and planning and financial responsibility. A boarding
92school currently in existence and a boarding school opening and
93seeking accreditation have 3 years to comply with the
94requirements of this paragraph. A boarding school must provide
95proof of accreditation or documentation of the accreditation
96process upon request. A boarding school that cannot produce the
97required documentation or that has not registered with the
98Department of Education shall be considered to be providing
99residential group care without a license. The department may
100impose administrative sanctions or seek civil remedies as
101provided under paragraph (11)(a).
102     (c)  "Child" means any unmarried person under the age of 18
103years.
104     (d)  "Child-placing agency" means any person, corporation,
105or agency, public or private, other than the parent or legal
106guardian of the child or an intermediary acting pursuant to
107chapter 63, that receives a child for placement and places or
108arranges for the placement of a child in a family foster home,
109residential child-caring agency, or adoptive home.
110     (e)  "Family foster home" means a private residence in
111which children who are unattended by a parent or legal guardian
112are provided 24-hour care. Such homes include emergency shelter
113family homes and specialized foster homes for children with
114special needs. A person who cares for a child of a friend for a
115period not to exceed 90 days, a relative who cares for a child
116and does not receive reimbursement for such care from the state
117or federal government, or an adoptive home which has been
118approved by the department or by a licensed child-placing agency
119for children placed for adoption is not considered a family
120foster home.
121     (f)  "License" means "license" as defined in s. 120.52(10).
122A license under this section is issued to a family foster home,
123summer day camp, summer 24-hour camp, or other facility and is
124not a professional license of any individual. Receipt of a
125license under this section shall not create a property right in
126the recipient. A license under this act is a public trust and a
127privilege, and is not an entitlement. This privilege must guide
128the finder of fact or trier of law at any administrative
129proceeding or court action initiated by the department.
130     (g)  "Operator" means any onsite person ultimately
131responsible for the overall operation of a child-placing agency,
132family foster home, or residential child-caring agency, summer
133day camp, or summer 24-hour camp, whether or not she or he is
134the owner or administrator of such an agency, or home, or camp.
135     (h)  "Owner" means the person who is licensed to operate
136the child-placing agency, family foster home, or residential
137child-caring agency, summer day camp, or summer 24-hour camp.
138     (i)  "Personnel" means all owners, operators, employees,
139and volunteers working in a child-placing agency, family foster
140home, or residential child-caring agency, summer day camp, or
141summer 24-hour camp who may be employed by or do volunteer work
142for a person, corporation, or agency which holds a license as a
143child-placing agency, or a residential child-caring agency,
144summer day camp, or summer 24-hour camp, but the term does not
145include those who do not work on the premises where child care
146is furnished and either have no direct contact with a child or
147have no contact with a child outside of the presence of the
148child's parent or guardian. For purposes of screening, the term
149shall include any member, over the age of 12 years, of the
150family of the owner or operator or any person other than a
151client, over the age of 12 years, residing with the owner or
152operator if the agency or family foster home is located in or
153adjacent to the home of the owner or operator or if the family
154member of, or person residing with, the owner or operator has
155any direct contact with the children. Members of the family of
156the owner or operator, or persons residing with the owner or
157operator, who are between the ages of 12 years and 18 years
158shall not be required to be fingerprinted, but shall be screened
159for delinquency records. For purposes of screening, the term
160"personnel" shall also include owners, operators, employees, and
161volunteers working in summer day camps, or summer 24-hour camps
162providing care for children. A volunteer who assists on an
163intermittent basis for less than 40 hours per month shall not be
164included in the term "personnel" for the purposes of screening,
165provided that the volunteer is under direct and constant
166supervision by persons who meet the personnel requirements of
167this section.
168     (j)  "Residential child-caring agency" means any person,
169corporation, or agency, public or private, other than the
170child's parent or legal guardian, that provides staffed 24-hour
171care for children in facilities maintained for that purpose,
172regardless of whether operated for profit or whether a fee is
173charged. Such residential child-caring agencies include, but are
174not limited to, maternity homes, runaway shelters, group homes
175that are administered by an agency, emergency shelters that are
176not in private residences, and wilderness camps. Residential
177child-caring agencies do not include hospitals, boarding
178schools, summer or recreation camps, nursing homes, or
179facilities operated by a governmental agency for the training,
180treatment, or secure care of delinquent youth, or facilities
181licensed under s. 393.067 or s. 394.875 or chapter 397.
182     (k)  "Screening" means the act of assessing the background
183of personnel and includes, but is not limited to, employment
184history checks as provided in chapter 435, using the level 2
185standards for screening set forth in that chapter. Screening for
186employees and volunteers in summer day camps and summer 24-hour
187camps and screening for all volunteers included under the
188definition of "personnel" shall be conducted as provided in
189chapter 435, using the level 1 standards set forth in that
190chapter.
191     (l)  "Summer day camp" means recreational, educational, and
192other enrichment programs operated during summer vacations for
193children who are 5 years of age on or before September 1 and
194older.
195     (m)  "Summer 24-hour camp" means recreational, educational,
196and other enrichment programs operated on a 24-hour basis during
197summer vacation for children who are 5 years of age on or before
198September 1 and older, that are not exclusively educational.
199     (4)(a)  A person, family foster home, or residential child-
200caring agency, summer day camp, or summer 24-hour camp may not
201provide continuing full-time child care or custody unless such
202person, home, or agency, or camp has first procured a license
203from the department to provide such care. This requirement does
204not apply to a person who is a relative of the child by blood,
205marriage, or adoption, a permanent guardian established under s.
20639.6221, a licensed child-placing agency, or an intermediary for
207the purposes of adoption pursuant to chapter 63.
208     (b)  A person or agency, other than a parent or legal
209guardian of the child or an intermediary as defined in s.
21063.032, shall not place or arrange for the placement of a child
211in a family foster home, residential child-caring agency, or
212adoptive home unless such person or agency has first procured a
213license from the department to do so.
214     (c)  A state, county, city, or political subdivision shall
215not operate a residential group care agency, or receive children
216for placement in residential group care facilities, family
217foster homes, or adoptive homes without a license issued
218pursuant to this section.
219     (d)  This license requirement does not apply to boarding
220schools, recreation and summer camps, nursing homes, or
221hospitals;, or to persons who care for children of friends or
222neighbors in their homes for periods not to exceed 90 days; or
223to persons who have received a child for adoption from a
224licensed child-placing agency.
225     (e)  The department or licensed child-placing agency may
226place a 16-year-old child or 17-year-old child in her or his own
227unlicensed residence, or in the unlicensed residence of an adult
228who has no supervisory responsibility for the child, provided
229the department or licensed child-placing agency retains
230supervisory responsibility for the child.
231     (5)(a)  The department shall adopt and amend licensing
232rules for family foster homes, residential child-caring
233agencies, and child-placing agencies,. The department may also
234adopt rules relating to the screening requirements for summer
235day camps, and summer 24-hour camps. The requirements for
236licensure and operation of family foster homes, residential
237child-caring agencies, and child-placing agencies, summer day
238camps, and summer 24-hour camps shall include:
239     1.  The operation, conduct, and maintenance of these homes,
240and agencies, and camps and the responsibility which they assume
241for children served and the evidence of need for that service.
242     2.  The provision of food, clothing, educational
243opportunities, services, equipment, and individual supplies to
244assure the healthy physical, emotional, and mental development
245of the children served.
246     3.  The appropriateness, safety, cleanliness, and general
247adequacy of the premises, including fire prevention and health
248standards, to provide for the physical comfort, care, and well-
249being of the children served.
250     4.  The ratio of staff to children required to provide
251adequate care and supervision of the children served and, in the
252case of foster homes, the maximum number of children in the
253home.
254     5.  The good moral character based upon screening,
255education, training, and experience requirements for personnel.
256     6.  The department may grant exemptions from
257disqualification from working with children or the
258developmentally disabled as provided in s. 435.07.
259     6.7.  The provision of preservice and inservice training
260for all foster parents and agency staff.
261     7.8.  Satisfactory evidence of financial ability to provide
262care for the children in compliance with licensing requirements.
263     8.9.  The maintenance by the agency of records pertaining
264to admission, progress, health, and discharge of children
265served, including written case plans and reports to the
266department.
267     9.10.  The provision for parental involvement to encourage
268preservation and strengthening of a child's relationship with
269the family.
270     10.11.  The transportation safety of children served.
271     11.12.  The provisions for safeguarding the cultural,
272religious, and ethnic values of a child.
273     12.13.  Provisions to safeguard the legal rights of
274children served.
275     (b)  In promulgating licensing rules pursuant to this
276section, the department may:
277     1.  Make distinctions among types of care; numbers of
278children served; and the physical, mental, emotional, and
279educational needs of the children to be served by a home, or
280agency, or camp.
281     2.  Grant exemptions from disqualification from working
282with children or the developmentally disabled as provided in s.
283435.07.
284     (c)  The department shall not adopt rules which interfere
285with the free exercise of religion or which regulate religious
286instruction or teachings in any child-caring or child-placing
287home or agency or any summer day camp or summer 24-hour camp;
288however, nothing herein shall be construed to allow religious
289instruction or teachings that are inconsistent with the health,
290safety, or well-being of any child; with public morality; or
291with the religious freedom of children, parents, or legal
292guardians who place their children in such homes, or agencies,
293or camps.
294     (6)(a)  An application for a license shall be made on forms
295provided, and in the manner prescribed, by the department. The
296department shall make a determination as to the good moral
297character of the applicant based upon screening.
298     (b)  Upon application, the department shall conduct a
299licensing study based on its licensing rules; shall inspect the
300home, or the agency, or camp and the records, including
301financial records, of the agency or camp; and shall interview
302the applicant. The department may authorize a licensed child-
303placing agency to conduct the licensing study of a family foster
304home to be used exclusively by that agency and to verify to the
305department that the home meets the licensing requirements
306established by the department. Upon certification by a licensed
307child-placing agency that a family foster home meets the
308licensing requirements, the department shall issue the license.
309     (c)  A licensed family foster home, child-placing agency,
310or residential child-caring agency, summer day camp, or summer
31124-hour camp which applies for renewal of its license shall
312submit to the department a list of personnel who have worked on
313a continuous basis at the applicant family foster home, or
314agency, or camp since submitting fingerprints to the department,
315identifying those for whom a written assurance of compliance was
316provided by the department and identifying those personnel who
317have recently begun working at the family foster home, or
318agency, or camp and are awaiting the results of the required
319fingerprint check, along with the date of the submission of
320those fingerprints for processing. The department shall by rule
321determine the frequency of requests to the Department of Law
322Enforcement to run state criminal records checks for such
323personnel except for those personnel awaiting the results of
324initial fingerprint checks for employment at the applicant
325family foster home, or agency, or camp.
326     (d)1.  The department may pursue other remedies provided in
327this section in addition to denial or revocation of a license
328for failure to comply with the screening requirements. The
329disciplinary actions determination to be made by the department
330and the procedure for hearing for applicants and licensees shall
331be in accordance with chapter 120.
332     2.  When the department has reasonable cause to believe
333that grounds for denial or termination of employment exist, it
334shall notify, in writing, the applicant or, licensee, or summer
335or recreation camp, and the personnel affected, stating the
336specific record which indicates noncompliance with the screening
337requirements.
338     3.  Procedures established for hearing under chapter 120
339shall be available to the applicant or, licensee, summer day
340camp, or summer 24-hour camp, and affected personnel, in order
341to present evidence relating either to the accuracy of the basis
342for exclusion or to the denial of an exemption from
343disqualification.
344     4.  Refusal on the part of an applicant to dismiss
345personnel who have been found not to be in compliance with the
346requirements for good moral character of personnel shall result
347in automatic denial or revocation of license in addition to any
348other remedies provided in this section which may be pursued by
349the department.
350     (e)  At the request of the department, the local county
351health department shall inspect a home, or agency, or camp
352according to the licensing rules promulgated by the department.
353Inspection reports shall be furnished to the department within
35430 days after the date of the request. Such an inspection shall
355only be required when called for by the licensing agency.
356     (f)  All residential child-caring agencies must meet
357firesafety standards for such agencies adopted by the Division
358of State Fire Marshal of the Department of Financial Services
359and must be inspected annually. At the request of the
360department, firesafety inspections shall be conducted by the
361Division of State Fire Marshal or a local fire department
362official who has been certified by the division as having
363completed the training requirements for persons inspecting such
364agencies. Inspection reports shall be furnished to the
365department within 30 days after the date of a request.
366     (g)  In the licensing process, the licensing staff of the
367department shall provide consultation on request.
368     (h)  Upon determination that the applicant meets the state
369minimum licensing requirements, the department shall issue a
370license without charge to a specific person, or agency, summer
371day camp, or summer 24-hour camp at a specific location. A
372license may be issued if all the screening materials have been
373timely submitted; however, a license may not be issued or
374renewed if any person at the home, or agency, or camp has failed
375the required screening. The license is nontransferable. A copy
376of the license shall be displayed in a conspicuous place. Except
377as provided in paragraph (j), the license is valid for 1 year
378from the date of issuance, unless the license is suspended or
379revoked by the department or is voluntarily surrendered by the
380licensee. The license is the property of the department.
381     (i)  A license issued for the operation of a family foster
382home, or agency, summer day camp, or summer 24-hour camp, unless
383sooner suspended, revoked, or voluntarily returned, will expire
384automatically 1 year from the date of issuance except as
385provided in paragraph (j). Ninety days prior to the expiration
386date, an application for renewal shall be submitted to the
387department by a licensee who wishes to have the license renewed.
388A license shall be renewed upon the filing of an application on
389forms furnished by the department if the applicant has first met
390the requirements established under this section and the rules
391promulgated hereunder.
392     (j)  Except for a family foster group home having a
393licensed capacity for more than five children, the department
394may issue a license that is valid for longer than 1 year but no
395longer than 3 years to a family foster home that:
396     1.  Has maintained a license with the department as a
397family foster home for at least the 3 previous consecutive
398years;
399     2.  Remains in good standing with the department; and
400     3.  Has not been the subject of a report of child abuse or
401neglect with any findings of maltreatment.
402
403A family foster home that has been issued a license valid for
404longer than 1 year must be monitored and visited as frequently
405as one that has been issued a 1-year license. The department
406reserves the right to reduce a licensure period to 1 year at any
407time.
408     (k)  The department may not license summer day camps or
409summer 24-hour camps. However, the department shall have access
410to the personnel records of such facilities to ensure compliance
411with the screening requirements.
412     (7)(a)  The department may issue a provisional license to
413an applicant who is unable to conform to the licensing
414requirements at the time of the study, but who is believed able
415to meet the licensing requirements within the time allowed by
416the provisional license. The issuance of a provisional license
417shall be contingent upon the submission to the department of an
418acceptable written plan to overcome the deficiency by the
419expiration date of the provisional license.
420     (b)  A provisional license may be issued when the applicant
421fails to meet licensing requirements in matters that are not of
422immediate danger to the children and the agency, summer day
423camp, or summer 24-hour camp has submitted a corrective action
424plan which is approved by the department. A provisional license
425may be issued if the screening material has been timely
426submitted; however, a provisional license may not be issued
427unless the applicant is in compliance with the requirements in
428this section for screening of personnel.
429     (c)  A provisional license shall not be issued for a period
430in excess of 1 year and shall not be subject to renewal; and it
431may be suspended if periodic inspection by the department
432indicates that insufficient progress has been made toward
433compliance with the requirements.
434     (8)(a)  Authorized licensing staff of the department who
435are qualified by training may make scheduled or unannounced
436inspections of a licensed home, or agency, summer day camp, or
437summer 24-hour camp at any reasonable time to investigate and
438evaluate the compliance of the home, or agency, or camp with the
439licensing requirements. All licensed homes, and agencies, and
440camps shall be inspected at least annually.
441     (b)  The department shall investigate complaints to
442determine whether a home, or agency, or camp is meeting the
443licensure requirements. The department shall advise the home, or
444agency, or camp of the complaint and shall provide a written
445report of the results of the investigation to the licensee.
446     (9)(a)  The department may deny, suspend, or revoke a
447license.
448     (b)  Any of the following actions by a home, or agency, or
449camp or its personnel is a ground for denial, suspension, or
450revocation of a license:
451     1.  An intentional or negligent act materially affecting
452the health or safety of children in the home, or agency, or
453camp.
454     2.  A violation of the provisions of this section or of
455licensing rules promulgated pursuant to this section.
456     3.  Noncompliance with the requirements for good moral
457character as specified in paragraph (5)(a).
458     4.  Failure to dismiss personnel found in noncompliance
459with requirements for good moral character.
460     (10)(a)  The department may institute injunctive
461proceedings in a court of competent jurisdiction to:
462     1.  Enforce the provisions of this section or any license
463requirement, rule, or order issued or entered into pursuant
464thereto; or
465     2.  Terminate the operation of an agency, summer day camp,
466or summer 24-hour camp in which any of the following conditions
467exists exist:
468     a.  The licensee has failed to take preventive or
469corrective measures in accordance with any order of the
470department to maintain conformity with licensing requirements.
471     b.  There is a violation of any of the provisions of this
472section, or of any licensing requirement promulgated pursuant to
473this section, which violation threatens harm to any child or
474which constitutes an emergency requiring immediate action.
475     3.  Terminate the operation of a summer day camp or summer
47624-hour camp providing care for children when such camp has
477willfully and knowingly refused to comply with the screening
478requirements for personnel or has refused to terminate the
479employment of personnel found to be in noncompliance with the
480requirements for good moral character as determined in paragraph
481(5)(a).
482     (b)  If the department finds, within 30 days after written
483notification by registered mail of the requirement for
484licensure, that a person, or agency, or camp continues to
485provide care for or to place children without a license or,
486within 30 days after written notification by registered mail of
487the requirement for screening of personnel and compliance with
488paragraph (5)(a) for the hiring and continued employment of
489personnel, that a summer day camp or summer 24-hour camp
490continues to provide care for children without complying, the
491department shall notify the appropriate state attorney of the
492violation of law and, if necessary, shall institute a civil suit
493to enjoin the person, or agency, or camp from continuing the
494placement or care of children or to enjoin the summer day camp
495or summer 24-hour camp from continuing the care of children.
496     (c)  Such injunctive relief may be temporary or permanent.
497     (11)(a)  The department is authorized to seek compliance
498with the licensing requirements of this section to the fullest
499extent possible by reliance on administrative sanctions and
500civil actions.
501     (b)  If the department determines that a person, or agency,
502or camp is caring for a child or is placing a child without a
503valid license issued by the department or has made a willful or
504intentional misstatement on any license application or other
505document required to be filed in connection with an application
506for a license, the department, as an alternative to or in
507conjunction with an administrative action against such person,
508or agency, or camp, shall make a reasonable attempt to discuss
509each violation with, and recommend corrective action to, the
510person, or the administrator of the agency, or the operator of
511the camp, prior to written notification thereof. The department,
512instead of fixing a period within which the person, or agency,
513or camp must enter into compliance with the licensing
514requirements, may request a plan of corrective action from the
515person, or agency, or camp that demonstrates a good faith effort
516to remedy each violation by a specific date, subject to the
517approval of the department.
518     (c)  Any action taken to correct a violation shall be
519documented in writing by the person, the or administrator of the
520agency, or the operator of the camp and verified through
521followup visits by licensing personnel of the department.
522     (d)  If the person, or agency, or camp has failed to remedy
523each violation by the specific date agreed upon with the
524department, the department shall, within 30 days after the
525agreed-upon date, notify the person, or agency, or camp by
526certified mail of its intention to refer the violation or
527violations to the office of the state attorney.
528     (e)  If the person, or agency, or camp fails to come into
529compliance with the licensing requirements within 30 days after
530receipt of written notification, it is the intent of the
531Legislature that the department, within 30 days after the
532deadline for compliance, refer the violation or violations to
533the office of the state attorney.
534     (12)(a)  It is unlawful for any person, or agency, or camp
535to:
536     1.  Provide continuing full-time care for or to receive or
537place a child apart from her or his parents in a residential
538group care facility, family foster home, or adoptive home
539without a valid license issued by the department if such license
540is required by subsection (5); or
541     2.  Make a willful or intentional misstatement on any
542license application or other document required to be filed in
543connection with an application for a license.
544     (b)  It is unlawful for any person, agency, summer day
545camp, or summer 24-hour camp providing care for children to:
546     1.  Willfully or intentionally fail to comply with the
547requirements for the screening of personnel or the dismissal of
548personnel found not to be in compliance with the requirements
549for good moral character as specified in paragraph (5)(a).
550     2.  Use information from the criminal records obtained
551under this section for any purpose other than screening a person
552for employment as specified in this section or to release such
553information to any other person for any purpose other than
554screening for employment as specified in this section.
555     (c)  It is unlawful for any person, agency, summer day
556camp, or summer 24-hour camp providing care for children to use
557information from the juvenile records of any person obtained
558under this section for any purpose other than screening for
559employment as specified in this section or to release
560information from such records to any other person for any
561purpose other than screening for employment as specified in this
562section.
563     (d)1.  A first violation of paragraph (a) or paragraph (b)
564is a misdemeanor of the first degree, punishable as provided in
565s. 775.082 or s. 775.083.
566     2.  A second or subsequent violation of paragraph (a) or
567paragraph (b) is a felony of the third degree, punishable as
568provided in s. 775.082 or s. 775.083.
569     3.  A violation of paragraph (c) is a felony of the third
570degree, punishable as provided in s. 775.082, s. 775.083, or s.
571775.084.
572     Section 3.  Section 409.1758, Florida Statutes, is
573repealed.
574     Section 4.  This act shall take effect July 1, 2010.


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