Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 1702
       
       
       
       
       
       
                                Ì929160ÊÎ929160                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/30/2014 10:16 AM       .                                
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       Senator Gibson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 117 - 684
    4  and insert:
    5         Section 4. Subsection (17) of section 402.302, Florida
    6  Statutes, is amended to read:
    7         402.302 Definitions.—As used in this chapter, the term:
    8         (17) “Substantial compliance” means, for purposes of
    9  programs operating under s. 1002.55, s. 1002.61, or s. 1002.88,
   10  that level of adherence to adopted standards which is sufficient
   11  to safeguard the health, safety, and well-being of all children
   12  under care. The standards must address requirements found in s.
   13  402.305 and are limited to supervision, transportation, access,
   14  health-related requirements, food and nutrition, personnel
   15  screening, records, and enforcement of these standards. The
   16  standards must not limit or exclude the curriculum provided by a
   17  faith-based provider or nonpublic school. The department, in
   18  consultation with the Office of Early Learning, must adopt rules
   19  to define and enforce substantial compliance with minimum
   20  standards for child care facilities for programs operating under
   21  s. 1002.55, s. 1002.61, or s. 1002.88 which are regulated, but
   22  not licensed, by the department Substantial compliance is
   23  greater than minimal adherence but not to the level of absolute
   24  adherence. Where a violation or variation is identified as the
   25  type which impacts, or can be reasonably expected within 90 days
   26  to impact, the health, safety, or well-being of a child, there
   27  is no substantial compliance.
   28         Section 5. Paragraphs (d) and (e) of subsection (2) of
   29  section 402.3025, Florida Statutes, are amended to read:
   30         402.3025 Public and nonpublic schools.—For the purposes of
   31  ss. 402.301-402.319, the following shall apply:
   32         (2) NONPUBLIC SCHOOLS.—
   33         (d)1. Nonpublic schools delivering programs under s.
   34  1002.55, s. 1002.61, or s. 1002.88 Programs for children who are
   35  at least 3 years of age, but under 5 years of age, which are not
   36  licensed under ss. 402.301-402.319 must shall substantially
   37  comply with the minimum child care standards adopted promulgated
   38  pursuant to ss. 402.305-402.3057.
   39         2. The department or local licensing agency shall enforce
   40  compliance with such standards, where possible, to eliminate or
   41  minimize duplicative inspections or visits by staff enforcing
   42  the minimum child care standards and staff enforcing other
   43  standards under the jurisdiction of the department.
   44         3. The department or local licensing agency may inspect
   45  programs operating under this paragraph and pursue
   46  administrative or judicial action under ss. 402.310-402.312
   47  against nonpublic schools operating under this paragraph
   48  commence and maintain all proper and necessary actions and
   49  proceedings for any or all of the following purposes:
   50         a. to protect the health, sanitation, safety, and well
   51  being of all children under care.
   52         b. To enforce its rules and regulations.
   53         c. To use corrective action plans, whenever possible, to
   54  attain compliance prior to the use of more restrictive
   55  enforcement measures.
   56         d. To make application for injunction to the proper circuit
   57  court, and the judge of that court shall have jurisdiction upon
   58  hearing and for cause shown to grant a temporary or permanent
   59  injunction, or both, restraining any person from violating or
   60  continuing to violate any of the provisions of ss. 402.301
   61  402.319. Any violation of this section or of the standards
   62  applied under ss. 402.305-402.3057 which threatens harm to any
   63  child in the school’s programs for children who are at least 3
   64  years of age, but are under 5 years of age, or repeated
   65  violations of this section or the standards under ss. 402.305
   66  402.3057, shall be grounds to seek an injunction to close a
   67  program in a school.
   68         e. To impose an administrative fine, not to exceed $100,
   69  for each violation of the minimum child care standards
   70  promulgated pursuant to ss. 402.305-402.3057.
   71         4. It is a misdemeanor of the first degree, punishable as
   72  provided in s. 775.082 or s. 775.083, for any person willfully,
   73  knowingly, or intentionally to:
   74         a. Fail, by false statement, misrepresentation,
   75  impersonation, or other fraudulent means, to disclose in any
   76  required written documentation for exclusion from licensure
   77  pursuant to this section a material fact used in making a
   78  determination as to such exclusion; or
   79         b. Use information from the criminal records obtained under
   80  s. 402.305 or s. 402.3055 for any purpose other than screening
   81  that person for employment as specified in those sections or
   82  release such information to any other person for any purpose
   83  other than screening for employment as specified in those
   84  sections.
   85         5. It is a felony of the third degree, punishable as
   86  provided in s. 775.082, s. 775.083, or s. 775.084, for any
   87  person willfully, knowingly, or intentionally to use information
   88  from the juvenile records of any person obtained under s.
   89  402.305 or s. 402.3055 for any purpose other than screening for
   90  employment as specified in those sections or to release
   91  information from such records to any other person for any
   92  purpose other than screening for employment as specified in
   93  those sections.
   94         6. The inclusion of nonpublic schools within options
   95  available under ss. 1002.55, 1002.61, and 1002.88 does not
   96  expand the regulatory authority of the state, its officers, any
   97  local licensing agency, or any early learning coalition to
   98  impose any additional regulation of nonpublic schools beyond
   99  those reasonably necessary to enforce requirements expressly set
  100  forth in this paragraph.
  101         (e) The department and the nonpublic school accrediting
  102  agencies are encouraged to develop agreements to facilitate the
  103  enforcement of the minimum child care standards as they relate
  104  to the schools which the agencies accredit.
  105         Section 6. Paragraphs (a) and (d) of subsection (2),
  106  paragraph (b) of subsection (9), and subsections (10) and (18)
  107  of section 402.305, Florida Statutes, are amended to read:
  108         402.305 Licensing standards; child care facilities.—
  109         (2) PERSONNEL.—Minimum standards for child care personnel
  110  shall include minimum requirements as to:
  111         (a) Good moral character based upon screening, according to
  112  the level 2 screening requirements of. This screening shall be
  113  conducted as provided in chapter 435, using the level 2
  114  standards for screening set forth in that chapter. In addition
  115  to the offenses listed in s. 435.04, all child care personnel
  116  required to undergo background screening pursuant to this
  117  section may not have an arrest awaiting final disposition for,
  118  may not have been found guilty of, regardless of adjudication,
  119  or entered a plea of nolo contendere or guilty to, and may not
  120  have been adjudicated delinquent and have a record that has been
  121  sealed or expunged for an offense specified in s. 39.205. Before
  122  employing child care personnel subject to this section, the
  123  employer must conduct employment history checks of each of the
  124  personnel’s previous employers and document the findings. If
  125  unable to contact a previous employer, the employer must
  126  document efforts to contact the employer.
  127         (d) Minimum training requirements for child care personnel.
  128         1. Such minimum standards for training shall ensure that
  129  all child care personnel take an approved 40-clock-hour
  130  introductory course in child care, which course covers at least
  131  the following topic areas:
  132         a. State and local rules and regulations which govern child
  133  care.
  134         b. Health, safety, and nutrition.
  135         c. Identifying and reporting child abuse and neglect.
  136         d. Child development, including typical and atypical
  137  language, cognitive, motor, social, and self-help skills
  138  development.
  139         e. Observation of developmental behaviors, including using
  140  a checklist or other similar observation tools and techniques to
  141  determine the child’s developmental age level.
  142         f. Specialized areas, including computer technology for
  143  professional and classroom use and numeracy, early literacy, and
  144  language development of children from birth to 5 years of age,
  145  as determined by the department, for owner-operators and child
  146  care personnel of a child care facility.
  147         g. Developmental disabilities, including autism spectrum
  148  disorder and Down syndrome, and early identification, use of
  149  available state and local resources, classroom integration, and
  150  positive behavioral supports for children with developmental
  151  disabilities.
  152  
  153  Within 90 days after employment, child care personnel shall
  154  begin training to meet the training requirements pursuant to
  155  this paragraph. Child care personnel shall successfully complete
  156  such training within 1 year after the date on which the training
  157  began, as evidenced by passage of a competency examination.
  158  Successful completion of the 40-clock-hour introductory course
  159  shall articulate into community college credit in early
  160  childhood education, pursuant to ss. 1007.24 and 1007.25.
  161  Exemption from all or a portion of the required training shall
  162  be granted to child care personnel based upon educational
  163  credentials or passage of competency examinations. Child care
  164  personnel possessing a 2-year degree or higher that includes 6
  165  college credit hours in early childhood development or child
  166  growth and development, or a child development associate
  167  credential or an equivalent state-approved child development
  168  associate credential, or a child development associate waiver
  169  certificate shall be automatically exempted from the training
  170  requirements in sub-subparagraphs b., d., and e.
  171         2. The introductory course in child care shall stress, to
  172  the extent possible, an interdisciplinary approach to the study
  173  of children.
  174         3. The introductory course shall cover recognition and
  175  prevention of shaken baby syndrome; prevention of sudden infant
  176  death syndrome; recognition and care of infants and toddlers
  177  with developmental disabilities, including autism spectrum
  178  disorder and Down syndrome; and early childhood brain
  179  development within the topic areas identified in this paragraph.
  180         4. On an annual basis in order to further their child care
  181  skills and, if appropriate, administrative skills, child care
  182  personnel who have fulfilled the requirements for the child care
  183  training shall be required to take an additional 1 continuing
  184  education unit of approved inservice training, or 10 clock hours
  185  of equivalent training, as determined by the department.
  186         5. Child care personnel shall be required to complete 0.5
  187  continuing education unit of approved training or 5 clock hours
  188  of equivalent training, as determined by the department, in
  189  numeracy, early literacy, and language development of children
  190  from birth to 5 years of age one time. The year that this
  191  training is completed, it shall fulfill the 0.5 continuing
  192  education unit or 5 clock hours of the annual training required
  193  in subparagraph 4.
  194         6. Procedures for ensuring the training of qualified child
  195  care professionals to provide training of child care personnel,
  196  including onsite training, shall be included in the minimum
  197  standards. It is recommended that the state community child care
  198  coordination agencies (central agencies) be contracted by the
  199  department to coordinate such training when possible. Other
  200  district educational resources, such as community colleges and
  201  career programs, can be designated in such areas where central
  202  agencies may not exist or are determined not to have the
  203  capability to meet the coordination requirements set forth by
  204  the department.
  205         7. Training requirements do shall not apply to certain
  206  occasional or part-time support staff, including, but not
  207  limited to, swimming instructors, piano teachers, dance
  208  instructors, and gymnastics instructors.
  209         8. The department shall evaluate or contract for an
  210  evaluation for the general purpose of determining the status of
  211  and means to improve staff training requirements and testing
  212  procedures. The evaluation shall be conducted every 2 years. The
  213  evaluation must shall include, but not be limited to,
  214  determining the availability, quality, scope, and sources of
  215  current staff training; determining the need for specialty
  216  training; and determining ways to increase inservice training
  217  and ways to increase the accessibility, quality, and cost
  218  effectiveness of current and proposed staff training. The
  219  evaluation methodology must shall include a reliable and valid
  220  survey of child care personnel.
  221         9. The child care operator shall be required to take basic
  222  training in serving children with disabilities within 5 years
  223  after employment, either as a part of the introductory training
  224  or the annual 8 hours of inservice training.
  225         (9) ADMISSIONS AND RECORDKEEPING.—
  226         (b) During the months of August and September of each year,
  227  Each child care facility shall provide parents of children
  228  enrolling enrolled in the facility detailed information
  229  regarding the causes, symptoms, and transmission of the
  230  influenza virus in an effort to educate those parents regarding
  231  the importance of immunizing their children against influenza as
  232  recommended by the Advisory Committee on Immunization Practices
  233  of the Centers for Disease Control and Prevention.
  234         (10) TRANSPORTATION SAFETY.—Minimum standards must shall
  235  include requirements for child restraints or seat belts in
  236  vehicles used by child care facilities, and large family child
  237  care homes, and licensed family day care homes to transport
  238  children, requirements for annual inspections of the vehicles,
  239  limitations on the number of children in the vehicles, and
  240  accountability for children being transported.
  241         (18) TRANSFER OF OWNERSHIP.—
  242         (a) One week before prior to the transfer of ownership of a
  243  child care facility, or family day care home, or large family
  244  child care home, the transferor shall notify the parent or
  245  caretaker of each child of the impending transfer.
  246         (b) The owner of a child care facility, family day care
  247  home, or large family child care home may not transfer ownership
  248  to a relative of the operator if the operator has had his or her
  249  license suspended or revoked by the department pursuant to s.
  250  402.310, has received notice from the department that reasonable
  251  cause exists to suspend or revoke the license, or has been
  252  placed on the United States Department of Agriculture National
  253  Disqualified List. For purposes of this paragraph, “relative”
  254  means father, mother, son, daughter, grandfather, grandmother,
  255  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
  256  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
  257  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  258  stepdaughter, stepbrother, stepsister, half-brother, or half
  259  sister.
  260         (c)(b) The department shall, by rule, establish methods by
  261  which notice will be achieved and minimum standards by which to
  262  implement this subsection.
  263         Section 7. Section 402.3085, Florida Statutes, is created
  264  to read:
  265         402.3085Certificate of substantial compliance with minimum
  266  child care standards.—Each nonpublic school or provider seeking
  267  to operate a program pursuant to s. 402.3025(2)(d) or s.
  268  402.316(4), respectively, shall annually obtain a certificate
  269  from the department or local licensing agency in the manner and
  270  on the forms prescribed by the department or local licensing
  271  agency. An annual certificate or a renewal of an annual
  272  certificate shall be issued upon an examination of the
  273  applicant’s premises and records to determine that the applicant
  274  is in substantial compliance with the minimum child care
  275  standards. A provider may not participate in these programs
  276  without this certification. Local licensing agencies may apply
  277  their own minimum child care standards if the department
  278  determines that such standards meet or exceed department
  279  standards as provided in s. 402.307.
  280         Section 8. Section 402.311, Florida Statutes, is amended to
  281  read:
  282         402.311 Inspection.—A licensed child care facility or
  283  program regulated by the department shall accord to the
  284  department or the local licensing agency, whichever is
  285  applicable, the privilege of inspection, including access to
  286  facilities and personnel and to those records required in s.
  287  402.305, at reasonable times during regular business hours, to
  288  ensure compliance with the provisions of ss. 402.301-402.319.
  289  The right of entry and inspection shall also extend to any
  290  premises which the department or local licensing agency has
  291  reason to believe are being operated or maintained as a child
  292  care facility or program without a license, but no such entry or
  293  inspection of any premises shall be made without the permission
  294  of the person in charge thereof unless a warrant is first
  295  obtained from the circuit court authorizing same. Any
  296  application for a license, application for authorization to
  297  operate a child care program which must maintain substantial
  298  compliance with child care standards adopted under this chapter,
  299  or renewal of such license or authorization, made pursuant to
  300  this act or the advertisement to the public for the provision of
  301  child care as defined in s. 402.302 constitutes shall constitute
  302  permission for any entry to or inspection of the subject
  303  premises for which the license is sought in order to facilitate
  304  verification of the information submitted on or in connection
  305  with the application. In the event a licensed facility or
  306  program refuses permission for entry or inspection to the
  307  department or local licensing agency, a warrant shall be
  308  obtained from the circuit court authorizing same before prior to
  309  such entry or inspection. The department or local licensing
  310  agency may institute disciplinary proceedings pursuant to s.
  311  402.310, for such refusal.
  312         Section 9. Section 402.3115, Florida Statutes, is amended
  313  to read:
  314         402.3115 Elimination of duplicative and unnecessary
  315  inspections; Abbreviated inspections.—The Department of Children
  316  and Family Services and local governmental agencies that license
  317  child care facilities shall develop and implement a plan to
  318  eliminate duplicative and unnecessary inspections of child care
  319  facilities. In addition, The department and the local licensing
  320  governmental agencies shall conduct develop and implement an
  321  abbreviated inspections of inspection plan for child care
  322  facilities licensed under s. 402.305, family day care homes
  323  licensed under s. 402.313, and large family child care homes
  324  licensed under s. 402.3131 that have had no Class I 1 or Class
  325  II violations 2 deficiencies, as defined by rule, for at least 2
  326  consecutive years. The abbreviated inspection must include those
  327  elements identified by the department and the local licensing
  328  governmental agencies as being key indicators of whether the
  329  child care facility continues to provide quality care and
  330  programming. The department shall adopt rules establishing
  331  criteria and procedures for abbreviated inspections and
  332  inspection schedules that provide for both announced and
  333  unannounced inspections.
  334         Section 10. Section 402.313, Florida Statutes, is amended
  335  to read:
  336         402.313 Family day care homes.—
  337         (1) A family day care home must homes shall be licensed
  338  under this section act if it is they are presently being
  339  licensed under an existing county licensing ordinance, or if the
  340  board of county commissioners passes a resolution that requires
  341  licensure of family day care homes, or the family day care home
  342  is operating a program under s. 1002.55, s. 1002.61, or s.
  343  1002.88 be licensed. Each licensed or registered family day care
  344  home must conspicuously display its license or registration in
  345  the common area of the home.
  346         (a) If not subject to license, a family day care home must
  347  comply with this section and homes shall register annually with
  348  the department, providing the following information:
  349         1. The name and address of the home.
  350         2. The name of the operator.
  351         3. The number of children served.
  352         4. Proof of a written plan to identify a provide at least
  353  one other competent adult who has met the screening and training
  354  requirements of the department to serve as a designated to be
  355  available to substitute for the operator in an emergency. This
  356  plan must shall include the name, address, and telephone number
  357  of the designated substitute who will serve in the absence of
  358  the operator.
  359         5. Proof of screening and background checks.
  360         6. Proof of successful completion of the 30-hour training
  361  course, as evidenced by passage of a competency examination,
  362  which shall include:
  363         a. State and local rules and regulations that govern child
  364  care.
  365         b. Health, safety, and nutrition.
  366         c. Identifying and reporting child abuse and neglect.
  367         d. Child development, including typical and atypical
  368  language development; and cognitive, motor, social, and self
  369  help skills development.
  370         e. Observation of developmental behaviors, including using
  371  a checklist or other similar observation tools and techniques to
  372  determine a child’s developmental level.
  373         f. Specialized areas, including early literacy and language
  374  development of children from birth to 5 years of age, as
  375  determined by the department, for owner-operators of family day
  376  care homes.
  377         5.7. Proof that immunization records are kept current.
  378         8. Proof of completion of the required continuing education
  379  units or clock hours.
  380  
  381  Upon receipt of registration information submitted by a family
  382  day care home pursuant to this paragraph, the department shall
  383  verify that the home is in compliance with the background
  384  screening requirements in subsection (3) and that the operator
  385  and the designated substitute are in compliance with applicable
  386  training requirements of subsection (4).
  387         (b) A family day care home may volunteer to be licensed
  388  under this act.
  389         (c) The department may provide technical assistance to
  390  counties and operators of family day care homes home providers
  391  to enable counties and operators family day care providers to
  392  achieve compliance with family day care home homes standards.
  393         (2) This information shall be included in a directory to be
  394  published annually by the department to inform the public of
  395  available child care facilities.
  396         (3) Child care personnel in family day care homes are shall
  397  be subject to the applicable screening provisions contained in
  398  ss. 402.305(2) and 402.3055. For purposes of screening in family
  399  day care homes, the term “child care personnel” includes the
  400  operator, the designated substitute, any member over the age of
  401  12 years of a family day care home operator’s family, or persons
  402  over the age of 12 years residing with the operator in the
  403  family day care home. Members of the operator’s family, or
  404  persons residing with the operator, who are between the ages of
  405  12 years and 18 years may shall not be required to be
  406  fingerprinted, but shall be screened for delinquency records.
  407         (4)(a)Before licensure and before caring for children,
  408  operators of family day care homes and an individual serving as
  409  a substitute for the operator who works 40 hours or more per
  410  month on average must:
  411         1. Successfully complete an approved 30-clock-hour
  412  introductory course in child care, as evidenced by passage of a
  413  competency examination, before caring for children. The course
  414  must include:
  415         a. State and local rules and regulations that govern child
  416  care.
  417         b. Health, safety, and nutrition.
  418         c. Identifying and reporting child abuse and neglect.
  419         d. Child development, including typical and atypical
  420  language development, and cognitive, motor, social, and
  421  executive functioning skills development.
  422         e. Observation of developmental behaviors, including using
  423  a checklist or other similar observation tools and techniques to
  424  determine a child’s developmental level.
  425         f. Specialized areas, including numeracy, early literacy,
  426  and language development of children from birth to 5 years of
  427  age, as determined by the department, for operators of family
  428  day care homes.
  429         (5) In order to further develop their child care skills
  430  and, if appropriate, their administrative skills, operators of
  431  family day care homes shall be required to complete an
  432  additional 1 continuing education unit of approved training or
  433  10 clock hours of equivalent training, as determined by the
  434  department, annually.
  435         2.(6)Operators of family day care homes shall be required
  436  to Complete a 0.5 continuing education unit of approved training
  437  in numeracy, early literacy, and language development of
  438  children from birth to 5 years of age one time. For an operator,
  439  the year that this training is completed, it shall fulfill the
  440  0.5 continuing education unit or 5 clock hours of the annual
  441  training required in paragraph (c) subsection (5).
  442         3.Complete training in first aid and infant and child
  443  cardiopulmonary resuscitation as evidenced by current
  444  documentation of course completion.
  445         (b) Before licensure and before caring for children, family
  446  day care home substitutes who work fewer than 40 hours per month
  447  on average must complete the department’s 6-clock-hour Family
  448  Child Care Home Rules and Regulations training, as evidenced by
  449  successful completion of a competency examination and first aid
  450  and infant and child cardiopulmonary resuscitation training
  451  under subparagraph (a)3. A substitute who has successfully
  452  completed the 3-clock-hour Fundamentals of Child Care training
  453  established by rules of the department or the 30-clock-hour
  454  training under subparagraph (a)1. is not required to complete
  455  the 6-clock-hour Family Child Care Home Rules and Regulations
  456  training.
  457         (c) Operators of family day care homes must annually
  458  complete an additional 1 continuing education unit of approved
  459  training regarding child care and administrative skills or 10
  460  clock hours of equivalent training, as determined by the
  461  department.
  462         (5)(7) Operators of family day care homes must shall be
  463  required annually to complete a health and safety home
  464  inspection self-evaluation checklist developed by the department
  465  in conjunction with the statewide resource and referral program.
  466  The completed checklist shall be signed by the operator of the
  467  family day care home and provided to parents as certification
  468  that basic health and safety standards are being met.
  469         (6)(8)Operators of family day care homes home operators
  470  may avail themselves of supportive services offered by the
  471  department.
  472         (7)(9) The department shall prepare a brochure on family
  473  day care for distribution by the department and by local
  474  licensing agencies, if appropriate, to family day care homes for
  475  distribution to parents using utilizing such child care, and to
  476  all interested persons, including physicians and other health
  477  professionals; mental health professionals; school teachers or
  478  other school personnel; social workers or other professional
  479  child care, foster care, residential, or institutional workers;
  480  and law enforcement officers. The brochure shall, at a minimum,
  481  contain the following information:
  482         (a) A brief description of the requirements for family day
  483  care registration, training, and background fingerprinting and
  484  screening.
  485         (b) A listing of those counties that require licensure of
  486  family day care homes. Such counties shall provide an addendum
  487  to the brochure that provides a brief description of the
  488  licensure requirements or may provide a brochure in lieu of the
  489  one described in this subsection, provided it contains all the
  490  required information on licensure and the required information
  491  in the subsequent paragraphs.
  492         (c) A statement indicating that information about the
  493  family day care home’s compliance with applicable state or local
  494  requirements can be obtained from by telephoning the department
  495  office or the office of the local licensing agency, including
  496  the, if appropriate, at a telephone number or numbers and
  497  website address for the department or local licensing agency, as
  498  applicable which shall be affixed to the brochure.
  499         (d) The statewide toll-free telephone number of the central
  500  abuse hotline, together with a notice that reports of suspected
  501  and actual child physical abuse, sexual abuse, and neglect are
  502  received and referred for investigation by the hotline.
  503         (e) Any other information relating to competent child care
  504  that the department or local licensing agency, if preparing a
  505  separate brochure, considers deems would be helpful to parents
  506  and other caretakers in their selection of a family day care
  507  home.
  508         (8)(10) On an annual basis, the department shall evaluate
  509  the registration and licensure system for family day care homes.
  510  Such evaluation shall, at a minimum, address the following:
  511         (a) The number of family day care homes registered and
  512  licensed and the dates of such registration and licensure.
  513         (b) The number of children being served in both registered
  514  and licensed family day care homes and any available slots in
  515  such homes.
  516         (c) The number of complaints received concerning family day
  517  care, the nature of the complaints, and the resolution of such
  518  complaints.
  519         (d) The training activities used utilized by child care
  520  personnel in family day care homes for meeting the state or
  521  local training requirements.
  522  
  523  The evaluation, pursuant to this paragraph, shall be used
  524  utilized by the department in any administrative modifications
  525  or adjustments to be made in the registration of family day care
  526  homes or in any legislative requests for modifications to the
  527  system of registration or to other requirements for family day
  528  care homes.
  529         (11) In order to inform the public of the state requirement
  530  for registration of family day care homes as well as the other
  531  requirements for such homes to legally operate in the state, the
  532  department shall institute a media campaign to accomplish this
  533  end. Such a campaign shall include, at a minimum, flyers,
  534  newspaper advertisements, radio advertisements, and television
  535  advertisements.
  536         (9)(12) Notwithstanding any other state or local law or
  537  ordinance, any family day care home licensed pursuant to this
  538  chapter or pursuant to a county ordinance shall be charged the
  539  utility rates accorded to a residential home. A licensed family
  540  day care home may not be charged commercial utility rates.
  541         (10)(13) The department shall, by rule, establish minimum
  542  standards for family day care homes that are required to be
  543  licensed by county licensing ordinance or county licensing
  544  resolution or that voluntarily choose to be licensed. The
  545  standards should include requirements for staffing, training,
  546  maintenance of immunization records, minimum health and safety
  547  standards, reduced standards for the regulation of child care
  548  during evening hours by municipalities and counties, and
  549  enforcement of standards. Additionally, the department shall, by
  550  rule, adopt procedures for verifying a registered family day
  551  care home’s compliance with background screening and training
  552  requirements.
  553         (11)(14)During the months of August and September of each
  554  year, Each family day care home shall provide parents of
  555  children enrolling enrolled in the home detailed information
  556  regarding the causes, symptoms, and transmission of the
  557  influenza virus in an effort to educate those parents regarding
  558  the importance of immunizing their children against influenza as
  559  recommended by the Advisory Committee on Immunization Practices
  560  of the Centers for Disease Control and Prevention.
  561         Section 11. Subsections (1), (3), (5), and (9) of section
  562  402.3131, Florida Statutes, are amended, and subsection (10) is
  563  added to that section, to read:
  564         402.3131 Large family child care homes.—
  565         (1) A large family child care home must homes shall be
  566  licensed under this section and conspicuously display its
  567  license in the common area of the home.
  568         (a) A licensed family day care home must first have
  569  operated for a minimum of 2 consecutive years, with an operator
  570  who has had a child development associate credential or its
  571  equivalent for 1 year, before seeking licensure as a large
  572  family child care home.
  573         (b) The department may provide technical assistance to
  574  counties and family day care home providers to enable the
  575  counties and providers to achieve compliance with minimum
  576  standards for large family child care homes.
  577         (3) Operators of large family child care homes must
  578  successfully complete an approved 40-clock-hour introductory
  579  course in group child care, including numeracy, early literacy,
  580  and language development of children from birth to 5 years of
  581  age, as evidenced by passage of a competency examination.
  582  Successful completion of the 40-clock-hour introductory course
  583  shall articulate into community college credit in early
  584  childhood education, pursuant to ss. 1007.24 and 1007.25.
  585         (5) Operators of large family child care homes shall be
  586  required to complete 0.5 continuing education unit of approved
  587  training or 5 clock hours of equivalent training, as determined
  588  by the department, in numeracy, early literacy, and language
  589  development of children from birth to 5 years of age one time.
  590  The year that this training is completed, it shall fulfill the
  591  0.5 continuing education unit or 5 clock hours of the annual
  592  training required in subsection (4).
  593         (9) During the months of August and September of each year,
  594  Each large family child care home shall provide parents of
  595  children enrolling enrolled in the home detailed information
  596  regarding the causes, symptoms, and transmission of the
  597  influenza virus in an effort to educate those parents regarding
  598  the importance of immunizing their children against influenza as
  599  recommended by the Advisory Committee on Immunization Practices
  600  of the Centers for Disease Control and Prevention.
  601         (10) Notwithstanding any other state or local law or
  602  ordinance, any large family child care home licensed under this
  603  chapter or under a county ordinance shall be charged the utility
  604  rates accorded to a residential home. Such a home may not be
  605  charged commercial utility rates.
  606  
  607  ================= T I T L E  A M E N D M E N T ================
  608  And the title is amended as follows:
  609         Delete lines 17 - 25
  610  and insert:
  611         standards for child care facilities; creating s.
  612         402.3085, F.S.; requiring nonpublic schools or
  613         providers seeking to operate certain programs to
  614         annually obtain a certificate from the department or a
  615         local licensing agency; providing for issuance of the
  616         certificate upon examination of the applicant’s
  617         premises and records; prohibiting a provider from
  618         participating in the programs without a certificate;
  619         authorizing local licensing agencies to apply their
  620         own minimum child care standards under certain
  621         circumstances; amending s. 402.311, F.S.; providing
  622         for the inspection of programs regulated by the
  623         department; amending s. 402.3115, F.S.; providing for
  624         abbreviated inspections of specified child care and
  625         day care homes; requiring the department to adopt
  626         rules; amending s. 402.313, F.S.; revising provisions
  627         for licensure, registration, and operation of family
  628         day care homes; amending s. 402.3131, F.S.; revising
  629         requirements for large family child care homes;