Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7069, 1st Eng.
       
       
       
       
       
       
                                Ì840922ÊÎ840922                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/3R         .                                
             05/02/2014 09:26 PM       .                                
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       Senator Gibson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 98 - 894
    4  and insert:
    5         Section 1. The Division of Law Revision and Information is
    6  directed to prepare a reviser’s bill for the 2015 Regular
    7  Session of the Legislature to change the term “family day care
    8  home” to “family child care home” and the term “family day care”
    9  to “family child care” wherever they appear in the Florida
   10  Statutes.
   11         Section 2. Section 125.0109, Florida Statutes, is amended
   12  to read:
   13         125.0109 Family day care homes and large family child care
   14  homes; local zoning regulation.—The operation of a residence as
   15  a family day care home or large family child care home, as
   16  defined in s. 402.302, licensed or registered pursuant to s.
   17  402.313 or s. 402.3131, as applicable, constitutes, as defined
   18  by law, registered or licensed with the Department of Children
   19  and Family Services shall constitute a valid residential use for
   20  purposes of any local zoning regulations, and no such regulation
   21  shall require the owner or operator of such family day care home
   22  or large family child care home to obtain any special exemption
   23  or use permit or waiver, or to pay any special fee in excess of
   24  $50, to operate in an area zoned for residential use.
   25         Section 3. Section 166.0445, Florida Statutes, is amended
   26  to read:
   27         166.0445 Family day care homes and large family child care
   28  homes; local zoning regulation.—The operation of a residence as
   29  a family day care home or large family child care home, as
   30  defined in s. 402.302, licensed or registered pursuant to s.
   31  402.313 or s. 402.3131, as applicable, constitutes, as defined
   32  by law, registered or licensed with the Department of Children
   33  and Family Services shall constitute a valid residential use for
   34  purposes of any local zoning regulations, and no such regulation
   35  may not shall require the owner or operator of such family day
   36  care home or large family child care home to obtain any special
   37  exemption or use permit or waiver, or to pay any special fee in
   38  excess of $50, to operate in an area zoned for residential use.
   39         Section 4. Subsection (17) of section 402.302, Florida
   40  Statutes, is amended to read:
   41         402.302 Definitions.—As used in this chapter, the term:
   42         (17) “Substantial compliance” means, for purposes of
   43  programs operating under s. 1002.55, s. 1002.61, or s. 1002.88,
   44  that level of adherence to adopted standards which is sufficient
   45  to safeguard the health, safety, and well-being of all children
   46  under care. The standards must address requirements found in s.
   47  402.305 and are limited to supervision, transportation, access,
   48  health-related requirements, food and nutrition, personnel
   49  screening, records, and enforcement of these standards. The
   50  standards must not limit or exclude the curriculum provided by a
   51  faith-based provider or nonpublic school. The department, in
   52  consultation with the Office of Early Learning, must adopt rules
   53  to define and enforce substantial compliance with minimum
   54  standards for child care facilities for programs operating under
   55  s. 1002.55, s. 1002.61, or s. 1002.88 which are regulated, but
   56  not licensed, by the department Substantial compliance is
   57  greater than minimal adherence but not to the level of absolute
   58  adherence. Where a violation or variation is identified as the
   59  type which impacts, or can be reasonably expected within 90 days
   60  to impact, the health, safety, or well-being of a child, there
   61  is no substantial compliance.
   62         Section 5. Paragraphs (d) and (e) of subsection (2) of
   63  section 402.3025, Florida Statutes, are amended to read:
   64         402.3025 Public and nonpublic schools.—For the purposes of
   65  ss. 402.301-402.319, the following shall apply:
   66         (2) NONPUBLIC SCHOOLS.—
   67         (d)1. Nonpublic schools delivering programs under s.
   68  1002.55, s. 1002.61, or s. 1002.88 Programs for children who are
   69  at least 3 years of age, but under 5 years of age, which are not
   70  licensed under ss. 402.301-402.319 shall substantially comply
   71  with the minimum child care standards adopted promulgated
   72  pursuant to ss. 402.305-402.3057.
   73         2. The department or local licensing agency shall enforce
   74  compliance with such standards, where possible, to eliminate or
   75  minimize duplicative inspections or visits by staff enforcing
   76  the minimum child care standards and staff enforcing other
   77  standards under the jurisdiction of the department.
   78         3. The department or local licensing agency may inspect
   79  programs operating under this paragraph and pursue
   80  administrative or judicial action under ss. 402.310-402.312
   81  against nonpublic schools operating under this paragraph
   82  commence and maintain all proper and necessary actions and
   83  proceedings for any or all of the following purposes:
   84         a. to protect the health, sanitation, safety, and well
   85  being of all children under care.
   86         b. To enforce its rules and regulations.
   87         c. To use corrective action plans, whenever possible, to
   88  attain compliance prior to the use of more restrictive
   89  enforcement measures.
   90         d. To make application for injunction to the proper circuit
   91  court, and the judge of that court shall have jurisdiction upon
   92  hearing and for cause shown to grant a temporary or permanent
   93  injunction, or both, restraining any person from violating or
   94  continuing to violate any of the provisions of ss. 402.301
   95  402.319. Any violation of this section or of the standards
   96  applied under ss. 402.305-402.3057 which threatens harm to any
   97  child in the school’s programs for children who are at least 3
   98  years of age, but are under 5 years of age, or repeated
   99  violations of this section or the standards under ss. 402.305
  100  402.3057, shall be grounds to seek an injunction to close a
  101  program in a school.
  102         e. To impose an administrative fine, not to exceed $100,
  103  for each violation of the minimum child care standards
  104  promulgated pursuant to ss. 402.305-402.3057.
  105         4. It is a misdemeanor of the first degree, punishable as
  106  provided in s. 775.082 or s. 775.083, for any person willfully,
  107  knowingly, or intentionally to:
  108         a. Fail, by false statement, misrepresentation,
  109  impersonation, or other fraudulent means, to disclose in any
  110  required written documentation for exclusion from licensure
  111  pursuant to this section a material fact used in making a
  112  determination as to such exclusion; or
  113         b. Use information from the criminal records obtained under
  114  s. 402.305 or s. 402.3055 for any purpose other than screening
  115  that person for employment as specified in those sections or
  116  release such information to any other person for any purpose
  117  other than screening for employment as specified in those
  118  sections.
  119         5. It is a felony of the third degree, punishable as
  120  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  121  person willfully, knowingly, or intentionally to use information
  122  from the juvenile records of any person obtained under s.
  123  402.305 or s. 402.3055 for any purpose other than screening for
  124  employment as specified in those sections or to release
  125  information from such records to any other person for any
  126  purpose other than screening for employment as specified in
  127  those sections.
  128         6. The inclusion of nonpublic schools within options
  129  available under ss. 1002.55, 1002.61, and 1002.88 does not
  130  expand the regulatory authority of the state, its officers, any
  131  local licensing agency, or any early learning coalition to
  132  impose any additional regulation of nonpublic schools beyond
  133  those reasonably necessary to enforce requirements expressly set
  134  forth in this paragraph.
  135         (e) The department and the nonpublic school accrediting
  136  agencies are encouraged to develop agreements to facilitate the
  137  enforcement of the minimum child care standards as they relate
  138  to the schools which the agencies accredit.
  139         Section 6. Paragraphs (a) and (d) of subsection (2),
  140  paragraph (b) of subsection (9), and subsections (10) and (18)
  141  of section 402.305, Florida Statutes, are amended to read:
  142         402.305 Licensing standards; child care facilities.—
  143         (2) PERSONNEL.—Minimum standards for child care personnel
  144  shall include minimum requirements as to:
  145         (a) Good moral character based upon screening, according to
  146  the level 2 screening requirements of. This screening shall be
  147  conducted as provided in chapter 435, using the level 2
  148  standards for screening set forth in that chapter. In addition
  149  to the offenses listed in s. 435.04, all child care personnel
  150  required to undergo background screening pursuant to this
  151  section may not have an arrest awaiting final disposition for,
  152  may not have been found guilty of, regardless of adjudication,
  153  or entered a plea of nolo contendere or guilty to, and may not
  154  have been adjudicated delinquent and have a record that has been
  155  sealed or expunged for an offense specified in s. 39.205. Before
  156  employing child care personnel subject to this section, the
  157  employer must conduct employment history checks of each of the
  158  personnel’s previous employers and document the findings. If
  159  unable to contact a previous employer, the employer must
  160  document efforts to contact the employer.
  161         (d) Minimum training requirements for child care personnel.
  162         1. Such minimum standards for training shall ensure that
  163  all child care personnel take an approved 40-clock-hour
  164  introductory course in child care, which course covers at least
  165  the following topic areas:
  166         a. State and local rules and regulations which govern child
  167  care.
  168         b. Health, safety, and nutrition.
  169         c. Identifying and reporting child abuse and neglect.
  170         d. Child development, including typical and atypical
  171  language, cognitive, motor, social, and self-help skills
  172  development.
  173         e. Observation of developmental behaviors, including using
  174  a checklist or other similar observation tools and techniques to
  175  determine the child’s developmental age level.
  176         f. Specialized areas, including computer technology for
  177  professional and classroom use and numeracy, early literacy, and
  178  language development of children from birth to 5 years of age,
  179  as determined by the department, for owner-operators and child
  180  care personnel of a child care facility.
  181         g. Developmental disabilities, including autism spectrum
  182  disorder and Down syndrome, and early identification, use of
  183  available state and local resources, classroom integration, and
  184  positive behavioral supports for children with developmental
  185  disabilities.
  186  
  187  Within 90 days after employment, child care personnel shall
  188  begin training to meet the training requirements pursuant to
  189  this paragraph. Child care personnel shall successfully complete
  190  such training within 1 year after the date on which the training
  191  began, as evidenced by passage of a competency examination.
  192  Successful completion of the 40-clock-hour introductory course
  193  shall articulate into community college credit in early
  194  childhood education, pursuant to ss. 1007.24 and 1007.25.
  195  Exemption from all or a portion of the required training shall
  196  be granted to child care personnel based upon educational
  197  credentials or passage of competency examinations. Child care
  198  personnel possessing a 2-year degree or higher that includes 6
  199  college credit hours in early childhood development or child
  200  growth and development, or a child development associate
  201  credential or an equivalent state-approved child development
  202  associate credential, or a child development associate waiver
  203  certificate shall be automatically exempted from the training
  204  requirements in sub-subparagraphs b., d., and e.
  205         2. The introductory course in child care shall stress, to
  206  the extent possible, an interdisciplinary approach to the study
  207  of children.
  208         3. The introductory course shall cover recognition and
  209  prevention of shaken baby syndrome; prevention of sudden infant
  210  death syndrome; recognition and care of infants and toddlers
  211  with developmental disabilities, including autism spectrum
  212  disorder and Down syndrome; and early childhood brain
  213  development within the topic areas identified in this paragraph.
  214         4. On an annual basis in order to further their child care
  215  skills and, if appropriate, administrative skills, child care
  216  personnel who have fulfilled the requirements for the child care
  217  training shall be required to take an additional 1 continuing
  218  education unit of approved inservice training, or 10 clock hours
  219  of equivalent training, as determined by the department.
  220         5. Child care personnel shall be required to complete 0.5
  221  continuing education unit of approved training or 5 clock hours
  222  of equivalent training, as determined by the department, in
  223  numeracy, early literacy, and language development of children
  224  from birth to 5 years of age one time. The year that this
  225  training is completed, it shall fulfill the 0.5 continuing
  226  education unit or 5 clock hours of the annual training required
  227  in subparagraph 4.
  228         6. Procedures for ensuring the training of qualified child
  229  care professionals to provide training of child care personnel,
  230  including onsite training, shall be included in the minimum
  231  standards. It is recommended that the state community child care
  232  coordination agencies (central agencies) be contracted by the
  233  department to coordinate such training when possible. Other
  234  district educational resources, such as community colleges and
  235  career programs, can be designated in such areas where central
  236  agencies may not exist or are determined not to have the
  237  capability to meet the coordination requirements set forth by
  238  the department.
  239         7. Training requirements do shall not apply to certain
  240  occasional or part-time support staff, including, but not
  241  limited to, swimming instructors, piano teachers, dance
  242  instructors, and gymnastics instructors.
  243         8. The department shall evaluate or contract for an
  244  evaluation for the general purpose of determining the status of
  245  and means to improve staff training requirements and testing
  246  procedures. The evaluation shall be conducted every 2 years. The
  247  evaluation must shall include, but not be limited to,
  248  determining the availability, quality, scope, and sources of
  249  current staff training; determining the need for specialty
  250  training; and determining ways to increase inservice training
  251  and ways to increase the accessibility, quality, and cost
  252  effectiveness of current and proposed staff training. The
  253  evaluation methodology must shall include a reliable and valid
  254  survey of child care personnel.
  255         9. The child care operator shall be required to take basic
  256  training in serving children with disabilities within 5 years
  257  after employment, either as a part of the introductory training
  258  or the annual 8 hours of inservice training.
  259         (9) ADMISSIONS AND RECORDKEEPING.—
  260         (b) During the months of August and September of each year,
  261  Each child care facility shall provide parents of children
  262  enrolling enrolled in the facility detailed information
  263  regarding the causes, symptoms, and transmission of the
  264  influenza virus in an effort to educate those parents regarding
  265  the importance of immunizing their children against influenza as
  266  recommended by the Advisory Committee on Immunization Practices
  267  of the Centers for Disease Control and Prevention.
  268         (10) TRANSPORTATION SAFETY.—Minimum standards must shall
  269  include requirements for child restraints or seat belts in
  270  vehicles used by child care facilities, and large family child
  271  care homes, and licensed family day care homes to transport
  272  children, requirements for annual inspections of the vehicles,
  273  limitations on the number of children in the vehicles, and
  274  accountability for children being transported.
  275         (18) TRANSFER OF OWNERSHIP.—
  276         (a) One week before prior to the transfer of ownership of a
  277  child care facility, or family day care home, or large family
  278  child care home, the transferor shall notify the parent or
  279  caretaker of each child of the impending transfer.
  280         (b) The owner of a child care facility, family day care
  281  home, or large family child care home may not transfer ownership
  282  to a relative of the operator if the operator has had his or her
  283  license suspended or revoked by the department pursuant to s.
  284  402.310, has received notice from the department that reasonable
  285  cause exists to suspend or revoke the license, or has been
  286  placed on the United States Department of Agriculture National
  287  Disqualified List. For purposes of this paragraph, “relative”
  288  means father, mother, son, daughter, grandfather, grandmother,
  289  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
  290  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
  291  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  292  stepdaughter, stepbrother, stepsister, half-brother, or half
  293  sister.
  294         (c)(b) The department shall, by rule, establish methods by
  295  which notice will be achieved and minimum standards by which to
  296  implement this subsection.
  297         Section 7. Section 402.3085, Florida Statutes, is created
  298  to read:
  299         402.3085Certificate of substantial compliance with minimum
  300  child care standards.—Each nonpublic school or provider seeking
  301  to operate a program pursuant to s. 402.3025(2)(d) or s.
  302  402.316(4), respectively, shall annually obtain a certificate
  303  from the department or local licensing agency in the manner and
  304  on the forms prescribed by the department or local licensing
  305  agency. An annual certificate or a renewal of an annual
  306  certificate shall be issued upon an examination of the
  307  applicant’s premises and records to determine that the applicant
  308  is in substantial compliance with the minimum child care
  309  standards. A provider may not participate in these programs
  310  without this certification. Local licensing agencies may apply
  311  their own minimum child care standards if the department
  312  determines that such standards meet or exceed department
  313  standards as provided in s. 402.307.
  314         Section 8. Section 402.311, Florida Statutes, is amended to
  315  read:
  316         402.311 Inspection.—A licensed child care facility or
  317  program regulated by the department shall accord to the
  318  department or the local licensing agency, whichever is
  319  applicable, the privilege of inspection, including access to
  320  facilities and personnel and to those records required in s.
  321  402.305, at reasonable times during regular business hours, to
  322  ensure compliance with the provisions of ss. 402.301-402.319.
  323  The right of entry and inspection shall also extend to any
  324  premises which the department or local licensing agency has
  325  reason to believe are being operated or maintained as a child
  326  care facility or program without a license, but no such entry or
  327  inspection of any premises shall be made without the permission
  328  of the person in charge thereof unless a warrant is first
  329  obtained from the circuit court authorizing same. Any
  330  application for a license, application for authorization to
  331  operate a child care program which must maintain substantial
  332  compliance with child care standards adopted under this chapter,
  333  or renewal of such license or authorization, made pursuant to
  334  this act or the advertisement to the public for the provision of
  335  child care as defined in s. 402.302 constitutes shall constitute
  336  permission for any entry to or inspection of the subject
  337  premises for which the license is sought in order to facilitate
  338  verification of the information submitted on or in connection
  339  with the application. In the event a licensed facility or
  340  program refuses permission for entry or inspection to the
  341  department or local licensing agency, a warrant shall be
  342  obtained from the circuit court authorizing same before prior to
  343  such entry or inspection. The department or local licensing
  344  agency may institute disciplinary proceedings pursuant to s.
  345  402.310, for such refusal.
  346         Section 9. Section 402.3115, Florida Statutes, is amended
  347  to read:
  348         402.3115 Elimination of duplicative and unnecessary
  349  inspections; Abbreviated inspections.—The Department of Children
  350  and Family Services and local governmental agencies that license
  351  child care facilities shall develop and implement a plan to
  352  eliminate duplicative and unnecessary inspections of child care
  353  facilities. In addition, The department and the local licensing
  354  governmental agencies shall conduct develop and implement an
  355  abbreviated inspections of inspection plan for child care
  356  facilities licensed under s. 402.305, family day care homes
  357  licensed under s. 402.313, and large family child care homes
  358  licensed under s. 402.3131 that have had no class I 1 or class
  359  II violations 2 deficiencies, as defined by rule, for at least 2
  360  consecutive years. The abbreviated inspection must include those
  361  elements identified by the department and the local licensing
  362  governmental agencies as being key indicators of whether the
  363  child care facility continues to provide quality care and
  364  programming. The department shall adopt rules establishing
  365  criteria and procedures for abbreviated inspections and
  366  inspection schedules that provide for both announced and
  367  unannounced inspections.
  368         Section 10. Section 402.313, Florida Statutes, is amended
  369  to read:
  370         402.313 Family day care homes.—
  371         (1) A family day care home must homes shall be licensed
  372  under this section act if it is they are presently being
  373  licensed under an existing county licensing ordinance, or if the
  374  board of county commissioners passes a resolution that requires
  375  licensure of family day care homes, or the family day care home
  376  is operating a program under s. 1002.55, s. 1002.61, or s.
  377  1002.88 be licensed. Each licensed or registered family day care
  378  home must conspicuously display its license or registration in
  379  the common area of the home.
  380         (a) If not subject to license, a family day care home must
  381  comply with this section and homes shall register annually with
  382  the department, providing the following information:
  383         1. The name and address of the home.
  384         2. The name of the operator.
  385         3. The number of children served.
  386         4. Proof of a written plan to identify a provide at least
  387  one other competent adult who has met the screening and training
  388  requirements of the department to serve as a designated to be
  389  available to substitute for the operator in an emergency. This
  390  plan must shall include the name, address, and telephone number
  391  of the designated substitute who will serve in the absence of
  392  the operator.
  393         5. Proof of screening and background checks.
  394         6. Proof of successful completion of the 30-hour training
  395  course, as evidenced by passage of a competency examination,
  396  which shall include:
  397         a. State and local rules and regulations that govern child
  398  care.
  399         b. Health, safety, and nutrition.
  400         c. Identifying and reporting child abuse and neglect.
  401         d. Child development, including typical and atypical
  402  language development; and cognitive, motor, social, and self
  403  help skills development.
  404         e. Observation of developmental behaviors, including using
  405  a checklist or other similar observation tools and techniques to
  406  determine a child’s developmental level.
  407         f. Specialized areas, including early literacy and language
  408  development of children from birth to 5 years of age, as
  409  determined by the department, for owner-operators of family day
  410  care homes.
  411         5.7. Proof that immunization records are kept current.
  412         8. Proof of completion of the required continuing education
  413  units or clock hours.
  414  
  415  Upon receipt of registration information submitted by a family
  416  day care home pursuant to this paragraph, the department shall
  417  verify that the home is in compliance with the background
  418  screening requirements in subsection (3) and that the operator
  419  and the designated substitute are in compliance with applicable
  420  training requirements of subsection (4).
  421         (b) A family day care home may volunteer to be licensed
  422  under this act.
  423         (c) The department may provide technical assistance to
  424  counties and operators of family day care homes home providers
  425  to enable counties and operators family day care providers to
  426  achieve compliance with family day care home homes standards.
  427         (2) This information shall be included in a directory to be
  428  published annually by the department to inform the public of
  429  available child care facilities.
  430         (3) Child care personnel in family day care homes are shall
  431  be subject to the applicable screening provisions contained in
  432  ss. 402.305(2) and 402.3055. For purposes of screening in family
  433  day care homes, the term “child care personnel” includes the
  434  operator, the designated substitute, any member over the age of
  435  12 years of a family day care home operator’s family, or persons
  436  over the age of 12 years residing with the operator in the
  437  family day care home. Members of the operator’s family, or
  438  persons residing with the operator, who are between the ages of
  439  12 years and 18 years may shall not be required to be
  440  fingerprinted, but shall be screened for delinquency records.
  441         (4)(a)Before licensure and before caring for children,
  442  operators of family day care homes and an individual serving as
  443  a substitute for the operator who works 40 hours or more per
  444  month on average must:
  445         1. Successfully complete an approved 30-clock-hour
  446  introductory course in child care, as evidenced by passage of a
  447  competency examination, before caring for children. The course
  448  must include:
  449         a. State and local rules and regulations that govern child
  450  care.
  451         b. Health, safety, and nutrition.
  452         c. Identifying and reporting child abuse and neglect.
  453         d. Child development, including typical and atypical
  454  language development, and cognitive, motor, social, and
  455  executive functioning skills development.
  456         e. Observation of developmental behaviors, including using
  457  a checklist or other similar observation tools and techniques to
  458  determine a child’s developmental level.
  459         f. Specialized areas, including numeracy, early literacy,
  460  and language development of children from birth to 5 years of
  461  age, as determined by the department, for operators of family
  462  day care homes.
  463         (5) In order to further develop their child care skills
  464  and, if appropriate, their administrative skills, operators of
  465  family day care homes shall be required to complete an
  466  additional 1 continuing education unit of approved training or
  467  10 clock hours of equivalent training, as determined by the
  468  department, annually.
  469         2.(6)Operators of family day care homes shall be required
  470  to Complete a 0.5 continuing education unit of approved training
  471  in numeracy, early literacy, and language development of
  472  children from birth to 5 years of age one time. For an operator,
  473  the year that this training is completed, it shall fulfill the
  474  0.5 continuing education unit or 5 clock hours of the annual
  475  training required in paragraph (c) subsection (5).
  476         3.Complete training in first aid and infant and child
  477  cardiopulmonary resuscitation as evidenced by current
  478  documentation of course completion.
  479         (b) Before licensure and before caring for children, family
  480  day care home substitutes who work fewer than 40 hours per month
  481  on average must complete the department’s 6-clock-hour Family
  482  Child Care Home Rules and Regulations training, as evidenced by
  483  successful completion of a competency examination and first aid
  484  and infant and child cardiopulmonary resuscitation training
  485  under subparagraph (a)3. A substitute who has successfully
  486  completed the 3-clock-hour Fundamentals of Child Care training
  487  established by rules of the department or the 30-clock-hour
  488  training under subparagraph (a)1. is not required to complete
  489  the 6-clock-hour Family Child Care Home Rules and Regulations
  490  training.
  491         (c) Operators of family day care homes must annually
  492  complete an additional 1 continuing education unit of approved
  493  training regarding child care and administrative skills or 10
  494  clock hours of equivalent training, as determined by the
  495  department.
  496         (5)(7) Operators of family day care homes must shall be
  497  required annually to complete a health and safety home
  498  inspection self-evaluation checklist developed by the department
  499  in conjunction with the statewide resource and referral program.
  500  The completed checklist shall be signed by the operator of the
  501  family day care home and provided to parents as certification
  502  that basic health and safety standards are being met.
  503         (6)(8)Operators of family day care homes home operators
  504  may avail themselves of supportive services offered by the
  505  department.
  506         (7)(9) The department shall prepare a brochure on family
  507  day care for distribution by the department and by local
  508  licensing agencies, if appropriate, to family day care homes for
  509  distribution to parents using utilizing such child care, and to
  510  all interested persons, including physicians and other health
  511  professionals; mental health professionals; school teachers or
  512  other school personnel; social workers or other professional
  513  child care, foster care, residential, or institutional workers;
  514  and law enforcement officers. The brochure shall, at a minimum,
  515  contain the following information:
  516         (a) A brief description of the requirements for family day
  517  care registration, training, and background fingerprinting and
  518  screening.
  519         (b) A listing of those counties that require licensure of
  520  family day care homes. Such counties shall provide an addendum
  521  to the brochure that provides a brief description of the
  522  licensure requirements or may provide a brochure in lieu of the
  523  one described in this subsection, provided it contains all the
  524  required information on licensure and the required information
  525  in the subsequent paragraphs.
  526         (c) A statement indicating that information about the
  527  family day care home’s compliance with applicable state or local
  528  requirements can be obtained from by telephoning the department
  529  office or the office of the local licensing agency, including
  530  the, if appropriate, at a telephone number or numbers and
  531  website address for the department or local licensing agency, as
  532  applicable which shall be affixed to the brochure.
  533         (d) The statewide toll-free telephone number of the central
  534  abuse hotline, together with a notice that reports of suspected
  535  and actual child physical abuse, sexual abuse, and neglect are
  536  received and referred for investigation by the hotline.
  537         (e) Any other information relating to competent child care
  538  that the department or local licensing agency, if preparing a
  539  separate brochure, considers deems would be helpful to parents
  540  and other caretakers in their selection of a family day care
  541  home.
  542         (8)(10) On an annual basis, the department shall evaluate
  543  the registration and licensure system for family day care homes.
  544  Such evaluation shall, at a minimum, address the following:
  545         (a) The number of family day care homes registered and
  546  licensed and the dates of such registration and licensure.
  547         (b) The number of children being served in both registered
  548  and licensed family day care homes and any available slots in
  549  such homes.
  550         (c) The number of complaints received concerning family day
  551  care, the nature of the complaints, and the resolution of such
  552  complaints.
  553         (d) The training activities used utilized by child care
  554  personnel in family day care homes for meeting the state or
  555  local training requirements.
  556  
  557  The evaluation, pursuant to this paragraph, shall be used
  558  utilized by the department in any administrative modifications
  559  or adjustments to be made in the registration of family day care
  560  homes or in any legislative requests for modifications to the
  561  system of registration or to other requirements for family day
  562  care homes.
  563         (11) In order to inform the public of the state requirement
  564  for registration of family day care homes as well as the other
  565  requirements for such homes to legally operate in the state, the
  566  department shall institute a media campaign to accomplish this
  567  end. Such a campaign shall include, at a minimum, flyers,
  568  newspaper advertisements, radio advertisements, and television
  569  advertisements.
  570         (9)(12) Notwithstanding any other state or local law or
  571  ordinance, any family day care home licensed pursuant to this
  572  chapter or pursuant to a county ordinance shall be charged the
  573  utility rates accorded to a residential home. A licensed family
  574  day care home may not be charged commercial utility rates.
  575         (10)(13) The department shall, by rule, establish minimum
  576  standards for family day care homes that are required to be
  577  licensed by county licensing ordinance or county licensing
  578  resolution or that voluntarily choose to be licensed. The
  579  standards should include requirements for staffing, training,
  580  maintenance of immunization records, minimum health and safety
  581  standards, reduced standards for the regulation of child care
  582  during evening hours by municipalities and counties, and
  583  enforcement of standards. Additionally, the department shall, by
  584  rule, adopt procedures for verifying a registered family day
  585  care home’s compliance with background screening and training
  586  requirements.
  587         (11)(14)During the months of August and September of each
  588  year, Each family day care home shall provide parents of
  589  children enrolling enrolled in the home detailed information
  590  regarding the causes, symptoms, and transmission of the
  591  influenza virus in an effort to educate those parents regarding
  592  the importance of immunizing their children against influenza as
  593  recommended by the Advisory Committee on Immunization Practices
  594  of the Centers for Disease Control and Prevention.
  595         Section 11. Subsections (1), (3), (5), and (9) of section
  596  402.3131, Florida Statutes, are amended, and subsection (10) is
  597  added to that section, to read:
  598         402.3131 Large family child care homes.—
  599         (1) A large family child care home must homes shall be
  600  licensed under this section and conspicuously display its
  601  license in the common area of the home.
  602         (3) Operators of large family child care homes must
  603  successfully complete an approved 40-clock-hour introductory
  604  course in group child care, including numeracy, early literacy,
  605  and language development of children from birth to 5 years of
  606  age, as evidenced by passage of a competency examination.
  607  Successful completion of the 40-clock-hour introductory course
  608  shall articulate into community college credit in early
  609  childhood education, pursuant to ss. 1007.24 and 1007.25.
  610         (5) Operators of large family child care homes shall be
  611  required to complete 0.5 continuing education unit of approved
  612  training or 5 clock hours of equivalent training, as determined
  613  by the department, in numeracy, early literacy, and language
  614  development of children from birth to 5 years of age one time.
  615  The year that this training is completed, it shall fulfill the
  616  0.5 continuing education unit or 5 clock hours of the annual
  617  training required in subsection (4).
  618         (9) During the months of August and September of each year,
  619  Each large family child care home shall provide parents of
  620  children enrolling enrolled in the home detailed information
  621  regarding the causes, symptoms, and transmission of the
  622  influenza virus in an effort to educate those parents regarding
  623  the importance of immunizing their children against influenza as
  624  recommended by the Advisory Committee on Immunization Practices
  625  of the Centers for Disease Control and Prevention.
  626         (10) Notwithstanding any other state or local law or
  627  ordinance, any large family child care home licensed under this
  628  chapter or under a county ordinance shall be charged the utility
  629  rates accorded to a residential home. Such a home may not be
  630  charged commercial utility rates.
  631         Section 12. Subsections (4), (5), and (6) are added to
  632  section 402.316, Florida Statutes, to read:
  633         402.316 Exemptions.—
  634         (4) A child care facility operating under subsection (1)
  635  which is applying to operate or is operating as a provider of a
  636  program described in s. 1002.55, s. 1002.61, or s. 1002.88 must
  637  substantially comply with the minimum standards for child care
  638  facilities adopted pursuant to ss. 402.305-402.3057 and must
  639  allow the department or local licensing agency access to monitor
  640  and enforce compliance with such standards.
  641         (a) The department or local licensing agency may pursue
  642  administrative or judicial action under ss. 402.310-402.312 and
  643  the rules adopted under those sections against any child care
  644  facility operating under this subsection to enforce substantial
  645  compliance with child care facility minimum standards or to
  646  protect the health, safety, and well-being of any children in
  647  the facility’s care. A child care facility operating under this
  648  subsection is subject to ss. 402.310-402.312 and the rules
  649  adopted under those sections to the same extent as a child care
  650  facility licensed under ss. 402.301–402.319.
  651         (b) It is a misdemeanor of the first degree, punishable as
  652  provided in s. 775.082 or s. 775.083, for a person willfully,
  653  knowingly, or intentionally to:
  654         1. Fail, by false statement, misrepresentation,
  655  impersonation, or other fraudulent means, to disclose in any
  656  required written documentation for exclusion from licensure
  657  pursuant to this section a material fact used in making a
  658  determination as to such exclusion; or
  659         2. Use information from the criminal records obtained under
  660  s. 402.305 or s. 402.3055 for a purpose other than screening
  661  that person for employment as specified in those sections or to
  662  release such information to any other person for a purpose other
  663  than screening for employment as specified in those sections.
  664         (c) It is a felony of the third degree, punishable as
  665  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
  666  willfully, knowingly, or intentionally to use information from
  667  the juvenile records of a person obtained under s. 402.305 or s.
  668  402.3055 for a purpose other than screening for employment as
  669  specified in those sections or to release information from such
  670  records to any other person for a purpose other than screening
  671  for employment as specified in those sections.
  672         (5) The department shall establish a fee for inspection and
  673  compliance activities performed pursuant to this section in an
  674  amount sufficient to cover costs. However, the amount of such
  675  fee for the inspection of a program may not exceed the fee
  676  imposed for child care licensure pursuant to s. 402.315.
  677         (6) The inclusion of a child care facility operating under
  678  subsection (1) as a provider of a program described in s.
  679  1002.55, s. 1002.61, or s. 1002.88 does not expand the
  680  regulatory authority of the state, its officers, any local
  681  licensing agency, or any early learning coalition to impose any
  682  additional regulation of child care facilities beyond those
  683  reasonably necessary to enforce requirements expressly set forth
  684  in this section.
  685         Section 13. Section 627.70161, Florida Statutes, is amended
  686  to read:
  687         627.70161 Residential property insurance coverage; family
  688  day care homes and large family child care homes insurance.—
  689         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  690  family day care homes and large family child care homes fulfill
  691  a vital role in providing child care in Florida. It is the
  692  intent of the Legislature that residential property insurance
  693  coverage should not be canceled, denied, or nonrenewed solely
  694  because child on the basis of the family day care services are
  695  provided at the residence. The Legislature also recognizes that
  696  the potential liability of residential property insurers is
  697  substantially increased by the rendition of child care services
  698  on the premises. The Legislature therefore finds that there is a
  699  public need to specify that contractual liabilities associated
  700  that arise in connection with the operation of a the family day
  701  care home or large family child care home are excluded from
  702  residential property insurance policies unless they are
  703  specifically included in such coverage.
  704         (2) DEFINITIONS.—As used in this section, the term:
  705         (a) “Child care” means the care, protection, and
  706  supervision of a child, for a period up to of less than 24 hours
  707  a day on a regular basis, which supplements parental care,
  708  enrichment, and health supervision for the child, in accordance
  709  with his or her individual needs, and for which a payment, fee,
  710  or grant is made for care.
  711         (b) “Family day care home” has the same meaning as provided
  712  in s. 402.302(8) means an occupied residence in which child care
  713  is regularly provided for children from at least two unrelated
  714  families and which receives a payment, fee, or grant for any of
  715  the children receiving care, whether or not operated for a
  716  profit.
  717         (c) “Large family child care home” has the same meaning as
  718  provided in s. 402.302(11).
  719         (3) CHILD FAMILY DAY CARE; COVERAGE.—A residential property
  720  insurance policy may shall not provide coverage for liability
  721  for claims arising out of, or in connection with, the operation
  722  of a family day care home or large family child care home, and
  723  the insurer shall be under no obligation to defend against
  724  lawsuits covering such claims, unless:
  725         (a) Specifically covered in a policy; or
  726         (b) Covered by a rider or endorsement for business coverage
  727  attached to a policy.
  728         (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
  729  insurer may not deny, cancel, or refuse to renew a policy for
  730  residential property insurance solely on the basis that the
  731  policyholder or applicant operates a family day care home or
  732  large family child care home. In addition to other lawful
  733  reasons for refusing to insure, an insurer may deny, cancel, or
  734  refuse to renew a policy of a family day care home or large
  735  family child care home provider if one or more of the following
  736  conditions occur:
  737         (a) The policyholder or applicant provides care for more
  738  children than authorized for family day care homes or large
  739  family child care homes by s. 402.302;
  740         (b) The policyholder or applicant fails to maintain a
  741  separate commercial liability policy or an endorsement providing
  742  liability coverage for the family day care home or large family
  743  child care home operations;
  744         (c) The policyholder or applicant fails to comply with the
  745  family day care home licensure and registration requirements
  746  specified in s. 402.313 or the large family child care home
  747  licensure requirements specified in s. 402.3131; or
  748         (d) Discovery of willful or grossly negligent acts or
  749  omissions or any violations of state laws or regulations
  750  establishing safety standards for family day care homes and
  751  large family child care homes by the named insured or his or her
  752  representative which materially increase any of the risks
  753  insured.
  754         Section 14. Subsections (7), (8), and (9) are added to
  755  section 1001.213, Florida Statutes, to read:
  756         1001.213 Office of Early Learning.—There is created within
  757  the Office of Independent Education and Parental Choice the
  758  Office of Early Learning, as required under s. 20.15, which
  759  shall be administered by an executive director. The office shall
  760  be fully accountable to the Commissioner of Education but shall:
  761         (7) Hire a general counsel who reports directly to the
  762  executive director of the office.
  763         (8) Hire an inspector general who reports directly to the
  764  executive director of the office and to the Chief Inspector
  765  General pursuant to s. 14.32.
  766         (9) By July 1, 2016, develop and implement, in consultation
  767  with early learning coalitions and providers of the Voluntary
  768  Prekindergarten Education Program and the school readiness
  769  program, best practices for providing parental notifications in
  770  the parent’s native language to a parent whose native language
  771  is a language other than English.
  772  
  773  ================= T I T L E  A M E N D M E N T ================
  774  And the title is amended as follows:
  775         Delete lines 2 - 48
  776  and insert:
  777         An act relating to education; providing a directive to
  778         the Division of Law Revision and Information; changing
  779         the term “family day care home” to “family child care
  780         home” and the term “family day care” to “family child
  781         care”; amending ss. 125.0109 and 166.0445, F.S.;
  782         including large family child care homes in local
  783         zoning regulation requirements; amending s. 402.302,
  784         F.S.; revising the definition of the term “substantial
  785         compliance”; requiring the Department of Children and
  786         Families to adopt rules for compliance by certain
  787         programs not licensed by the department; amending s.
  788         402.3025, F.S.; providing requirements for nonpublic
  789         schools delivering certain voluntary prekindergarten
  790         education programs and school readiness programs;
  791         amending s. 402.305, F.S.; revising certain minimum
  792         standards for child care facilities; creating s.
  793         402.3085, F.S.; requiring nonpublic schools or
  794         providers seeking to operate certain programs to
  795         annually obtain a certificate from the department or a
  796         local licensing agency; providing for issuance of the
  797         certificate upon examination of the applicant’s
  798         premises and records; prohibiting a provider from
  799         participating in the programs without a certificate;
  800         authorizing local licensing agencies to apply their
  801         own minimum child care standards under certain
  802         circumstances; amending s. 402.311, F.S.; providing
  803         for the inspection of programs regulated by the
  804         department; amending s. 402.3115, F.S.; providing for
  805         abbreviated inspections of specified child care and
  806         day care homes; requiring the department to adopt
  807         rules; amending s. 402.313, F.S.; revising provisions
  808         for licensure, registration, and operation of family
  809         day care homes; amending s. 402.3131, F.S.; revising
  810         requirements for large family child care homes;
  811         amending s. 402.316, F.S., relating to exemptions from
  812         child care facility licensing standards; requiring a
  813         child care facility operating as a provider of certain
  814         voluntary prekindergarten education programs or child
  815         care programs to comply with minimum standards;
  816         providing penalties for failure to disclose or for use
  817         of certain information; requiring the department to
  818         establish a fee for inspection and compliance
  819         activities; amending s. 627.70161, F.S.; revising
  820         restrictions on residential property insurance
  821         coverage to include coverage for large family child
  822         care homes; amending s. 1001.213, F.S.; providing
  823         additional duties of the Office of Early Learning;