Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 210
       
       
       
       
       
       
                                Ì554682<Î554682                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/05/2015           .                                
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       The Committee on Children, Families, and Elder Affairs (Sobel)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (1) through (7) and (9)
    6  through (18) of section 402.302, Florida Statutes, are
    7  redesignated as subsections (2) through (8) and (10) through
    8  (19), respectively, present subsection (8) is amended, and a new
    9  subsection (1) is added to that section, to read:
   10         402.302 Definitions.—As used in this chapter, the term:
   11         (1) “Advertise” means to market child care services through
   12  any means, including, but not limited to, online message boards,
   13  motor vehicle signs, newspaper advertisements, roadside signs,
   14  flyers and posters, and radio and television announcements.
   15         (9)(8) “Family day care home” means an occupied residence
   16  in which care, protection, and supervision of a child, for a
   17  period of less than 24 hours a day on a regular basis, which
   18  supplements parental care, enrichment, and health supervision
   19  for the child, in accordance with his or her individual needs,
   20  child care is regularly provided for children from at least two
   21  unrelated families and which either receives a payment, fee, or
   22  grant for any of the children receiving care, whether or not
   23  operated for profit, or advertises the availability of its
   24  services, whether or not it receives a payment, fee, or grant
   25  for any of the children receiving care, and whether or not
   26  operated for profit. Household children under 13 years of age,
   27  when on the premises of the family day care home or on a field
   28  trip with children enrolled in child care, shall be included in
   29  the overall capacity of the licensed home. A family day care
   30  home shall be allowed to provide care for one of the following
   31  groups of children, which shall include household children under
   32  13 years of age:
   33         (a) A maximum of four children from birth to 12 months of
   34  age.
   35         (b) A maximum of three children from birth to 12 months of
   36  age, and other children, for a maximum total of six children.
   37         (c) A maximum of six preschool children if all are older
   38  than 12 months of age.
   39         (d) A maximum of 10 children if no more than 5 are
   40  preschool age and, of those 5, no more than 2 are under 12
   41  months of age.
   42         Section 2. Subsection (1) of section 402.313, Florida
   43  Statutes, is amended to read:
   44         402.313 Family day care homes.—
   45         (1) A family day care home must homes shall be licensed
   46  under this section act if it is they are presently being
   47  licensed under an existing county licensing ordinance or if the
   48  board of county commissioners passes a resolution that family
   49  day care homes be licensed. Each licensed or registered family
   50  day care home must conspicuously display its license or
   51  registration in the common area of the home.
   52         (a) If not subject to license, a family day care home must
   53  homes shall register annually with the department and provide,
   54  providing the following information:
   55         1. The name and address of the home.
   56         2. The name of the operator.
   57         3. The number of children served.
   58         4. Proof of a written plan to identify a provide at least
   59  one other competent adult who has met the screening and training
   60  requirements of the department to serve as a designated
   61  substitute to be available to substitute for the operator in an
   62  emergency. This plan must shall include the name, address, and
   63  telephone number of the designated substitute.
   64         5. Proof of screening and background checks for the
   65  operator, each household member, and the designated substitute.
   66         6. Proof of successful completion of the 30-hour training
   67  course, as evidenced by passage of a competency examination,
   68  which must shall include:
   69         a. State and local rules and regulations that govern child
   70  care.
   71         b. Health, safety, and nutrition.
   72         c. Identifying and reporting child abuse and neglect.
   73         d. Child development, including typical and atypical
   74  language development; and cognitive, motor, social, and self
   75  help skills development.
   76         e. Observation of developmental behaviors, including using
   77  a checklist or other similar observation tools and techniques to
   78  determine a child’s developmental level.
   79         f. Specialized areas, including early literacy and language
   80  development of children from birth to 5 years of age, as
   81  determined by the department, for owner-operators of family day
   82  care homes.
   83         7. Proof that immunization records are kept current.
   84         8. Proof of completion of the required continuing education
   85  units or clock hours.
   86         (b) A family day care home may volunteer to be licensed
   87  under this act.
   88         (c) The department may provide technical assistance to
   89  counties and family day care home providers to enable counties
   90  and family day care providers to achieve compliance with family
   91  day care homes standards.
   92         Section 3. Subsection (1) of section 402.3131, Florida
   93  Statutes, is amended to read:
   94         402.3131 Large family child care homes.—
   95         (1) A large family child care home must homes shall be
   96  licensed under this section and permanently post its license in
   97  a conspicuous location that is visible by all parents and
   98  guardians and the department.
   99         (a) A licensed family day care home must first have
  100  operated for a minimum of 2 consecutive years, with an operator
  101  who has had a child development associate credential or its
  102  equivalent for 1 year, before seeking licensure as a large
  103  family child care home.
  104         (b) The department may provide technical assistance to
  105  counties and family day care home providers to enable the
  106  counties and providers to achieve compliance with minimum
  107  standards for large family child care homes.
  108         Section 4. Section 402.318, Florida Statutes, is amended to
  109  read:
  110         402.318 Advertisement.—A person, as defined in s. 1.01 s.
  111  1.01(3), may not advertise a child care facility as defined in
  112  s. 402.302, a child care facility that is exempt from licensing
  113  requirements pursuant to s. 402.316, a family day care home as
  114  defined in s. 402.302, or a large family child care home as
  115  defined in s. 402.302 without including within such
  116  advertisement the state or local agency license number,
  117  exemption number, or registration number of the such facility or
  118  home. A person who violates Violation of this section commits is
  119  a misdemeanor of the first degree, punishable as provided in s.
  120  775.082 or s. 775.083.
  121         Section 5. Section 402.317, Florida Statutes, is amended to
  122  read:
  123         402.317 Prolonged child care.—Notwithstanding the time
  124  restriction specified in s. 402.302(2) 402.302(1), child care
  125  may be provided for 24 hours or longer for a child whose parent
  126  or legal guardian works a shift of 24 hours or more. The
  127  requirement that a parent or legal guardian work a shift of 24
  128  hours or more must be certified in writing by the employer, and
  129  the written certification shall be maintained in the facility by
  130  the child care provider and made available to the licensing
  131  agency. The time that a child remains in child care, however,
  132  may not exceed 72 consecutive hours in any 7-day period. During
  133  a declared state of emergency, the child care licensing agency
  134  may temporarily waive the time limitations provided in this
  135  section.
  136         Section 6. Paragraph (d) of subsection (1) of section
  137  1002.88, Florida Statutes, is amended to read:
  138         1002.88 School readiness program provider standards;
  139  eligibility to deliver the school readiness program.—
  140         (1) To be eligible to deliver the school readiness program,
  141  a school readiness program provider must:
  142         (d) Provide an appropriate staff-to-children ratio,
  143  pursuant to s. 402.305(4) or s. 402.302(9) s. 402.302(8) or s.
  144  402.302(12) (11), as applicable, and as verified pursuant to s.
  145  402.311.
  146         Section 7. This act shall take effect July 1, 2015.
  147  
  148  ================= T I T L E  A M E N D M E N T ================
  149  And the title is amended as follows:
  150         Delete everything before the enacting clause
  151  and insert:
  152                        A bill to be entitled                      
  153         An act relating to the licensing of facilities that
  154         offer health and human services; amending s. 402.302,
  155         F.S.; defining the term “advertise”; redefining the
  156         term “family day care home” to include homes that
  157         advertise the availability of services whether or not
  158         they receive a payment, fee, or grant for any of the
  159         children receiving care and whether or not they are
  160         operated for profit; amending s. 402.313, F.S.;
  161         requiring a family day care home to conspicuously
  162         display its license or registration in the common area
  163         of the home, to provide proof of a written plan that
  164         identifies a designated substitute for the operator,
  165         and to provide proof of screening and background
  166         checks for certain individuals; amending s. 402.3131,
  167         F.S.; requiring a large family child care home to
  168         permanently post its license in a conspicuous location
  169         that is visible by all parents and guardians and the
  170         Department of Children and Families; amending s.
  171         402.318, F.S.; prohibiting certain persons from
  172         advertising a child care facility, a family day care
  173         home, or a large family child care home without
  174         including the facility’s or home’s license number,
  175         registration number, or exemption number in such
  176         advertisement; providing penalties; amending ss.
  177         402.317 and 1002.88, F.S.; conforming cross
  178         references; providing an effective date.