Senate Bill 2092

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    Florida Senate - 1999                                  SB 2092

    By Senator Sebesta





    20-1452B-99                                             See HB

  1                      A bill to be entitled

  2         An act relating to child care; amending s.

  3         212.08, F.S.; providing a sales tax exemption

  4         for educational materials purchased by child

  5         care facilities, under certain conditions;

  6         amending s. 402.281, F.S.; providing for Gold

  7         Seal Quality Care designation for large family

  8         child care homes; amending s. 402.3015, F.S.;

  9         increasing the maximum family income for

10         participation in the subsidized child care

11         program; creating s. 402.3016, F.S.; providing

12         for Early Head Start collaboration grants,

13         contingent upon specific appropriations;

14         providing duties of the Department of Children

15         and Family Services; providing for rules;

16         creating s. 402.3017, F.S.; directing the

17         department to establish health care coverage

18         for employees of certain subsidized child care

19         providers through the state employees health

20         insurance program; providing eligibility

21         requirements; providing a schedule of premium

22         participation; amending s. 402.302, F.S.;

23         defining the term "large family child care

24         home"; creating s. 402.3027, F.S.; directing

25         the department to establish a system for the

26         behavioral observation and developmental

27         assessment of young children in subsidized

28         child care programs; providing definitions;

29         providing principles and procedures; amending

30         s. 402.305, F.S.; revising minimum training

31         requirements for child care personnel;

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1         providing minimum training requirements for

  2         child care facility directors; providing for

  3         development of minimum standards for

  4         specialized child care facilities for mildly

  5         ill children; amending s. 402.3051, F.S.;

  6         providing for child care market rate

  7         reimbursement for child care providers who hold

  8         a Gold Seal Quality Care designation; amending

  9         ss. 402.3055, 943.0585, 943.059, F.S.;

10         conforming cross-references; creating s.

11         402.3108, F.S.; establishing a toll-free

12         telephone line to provide consultation to child

13         care centers and family day care homes,

14         contingent upon specific appropriations;

15         providing for contracts; amending s. 402.313,

16         F.S.; revising requirements relating to the

17         training course for operators of family child

18         care homes; providing a compliance schedule;

19         creating s. 402.3131, F.S.; providing for

20         licensure of large family child care homes;

21         providing a penalty; providing requirements and

22         standards; providing duties of the department;

23         providing for screening of certain persons;

24         providing for rules; providing an effective

25         date.

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Paragraph (zz) is added to subsection (5)

30  of section 212.08, Florida Statutes, 1998 Supplement, to read:

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1         212.08  Sales, rental, use, consumption, distribution,

  2  and storage tax; specified exemptions.--The sale at retail,

  3  the rental, the use, the consumption, the distribution, and

  4  the storage to be used or consumed in this state of the

  5  following are hereby specifically exempt from the tax imposed

  6  by this chapter.

  7         (5)  EXEMPTIONS; ACCOUNT OF USE.--

  8         (zz)  Educational materials, such as glue, paper,

  9  paints, crayons, unique craft items, scissors, books, and

10  educational toys, purchased by a child care facility that

11  meets the standards delineated in s. 402.305, is licensed

12  under s. 402.308, holds a current Gold Seal Quality Care

13  designation pursuant to s. 402.281, and provides basic health

14  insurance to all employees are exempt from the taxes imposed

15  by this chapter. For purposes of this paragraph, the term

16  "basic health insurance" shall be defined and promulgated in

17  rules developed jointly by the Department of Children and

18  Family Services, the Agency for Health Care Administration,

19  and the Department of Insurance.

20

21  Exemptions provided to any entity by this subsection shall not

22  inure to any transaction otherwise taxable under this chapter

23  when payment is made by a representative or employee of such

24  entity by any means, including, but not limited to, cash,

25  check, or credit card even when that representative or

26  employee is subsequently reimbursed by such entity.

27         Section 2.  Section 402.26, Florida Statutes, is

28  amended to read:

29         402.26  Child care; legislative intent.--

30         (1)  The Legislature recognizes the critical importance

31  to the citizens of the state of both safety and quality in

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  child care.  Child care in Florida is in the midst of

  2  continuing change and development, driven by extraordinary

  3  changes in demographics. Many parents with children under age

  4  6 are employed outside the home.  For the majority of

  5  Florida's children, child care will be a common experience.

  6  For many families, child care is an indispensable part of the

  7  effort to meet basic economic obligations or to make economic

  8  gains. State policy continues to recognize the changing

  9  composition of the labor force and the need to respond to the

10  concerns of Florida's citizens as they enter the child care

11  market.  In particular, the Legislature recognizes the need to

12  have more working parents employed in family-friendly

13  workplaces. In addition, the Legislature recognizes the

14  abilities of public and private employers to assist the

15  family's efforts to balance family care needs with employment

16  opportunities.

17         (2)  The Legislature also recognizes the effects of

18  both safety and quality in child care in reducing the need for

19  special education, public assistance, and dependency programs

20  and in reducing the incidence of delinquency and educational

21  failure. In a budgetary context that spends billions of

22  dollars to address the aftermath of bad outcomes, safe,

23  quality child care is one area in which the often maligned

24  concept of cost-effective social intervention can be applied.

25  It is the intent of the Legislature, therefore, that state

26  policy should be firmly embedded in the recognition that child

27  care is a voluntary choice of the child's parents.  For

28  parents who choose child care, it is the intent of the

29  Legislature to protect the health and welfare of children in

30  care.

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1         (3)  To protect the health and welfare of children, it

  2  is the intent of the Legislature to develop a regulatory

  3  framework that promotes the growth and stability of the child

  4  care industry and facilitates the safe physical, intellectual,

  5  motor, and social development of the child.

  6         (4)  It is also the intent of the Legislature to

  7  promote the development of child care options in the private

  8  sector and disseminate information that will assist the public

  9  in determining appropriate child care options.

10         (5)  It is the further intent of the Legislature to

11  provide and make accessible child care opportunities for

12  children at risk, economically disadvantaged children, and

13  other children traditionally disenfranchised from society.  In

14  achieving this intent, the Legislature shall develop a

15  subsidized child care system, a range of child care options,

16  support services, and linkages with other programs to fully

17  meet the child care needs of this population.

18         (6)  It is the intent of the Legislature that a

19  licensed or exempt child care facility that meets the

20  standards under s. 402.305 and the Gold Seal Quality Care

21  program under s. 402.281 be considered an educational

22  institution.

23         Section 3.  Subsection (2) of section 402.281, Florida

24  Statutes, is amended to read:

25         402.281  Gold Seal Quality Care program.--

26         (2)  Child care facilities, large family child care

27  homes, or family day care homes that which are accredited by a

28  nationally recognized accrediting association whose standards

29  substantially meet or exceed the National Association for the

30  Education of Young Children (NAEYC), the National Association

31  of Family Child Care, and the National Early Childhood Program

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  Accreditation Commission shall receive a separate "Gold Seal

  2  Quality Care" designation to operate as a gold seal child care

  3  facility, large family child care home, or family day care

  4  home.

  5         Section 4.  Subsection (1) of section 402.3015, Florida

  6  Statutes, is amended to read:

  7         402.3015  Subsidized child care program; purpose; fees;

  8  contracts.--

  9         (1)  The purpose of the subsidized child care program

10  is to provide quality child care to enhance the development,

11  including language, cognitive, motor, social, and self-help

12  skills of children who are at risk of abuse or neglect and

13  children of low-income families, and to promote financial

14  self-sufficiency and life skills for the families of these

15  children, unless prohibited by federal law. Priority for

16  participation in the subsidized child care program shall be

17  accorded to children under 13 years of age who are:

18         (a)  Determined to be at risk of abuse, neglect, or

19  exploitation and who are currently clients of the department's

20  Children and Families Services Program Office;

21         (b)  Children at risk of welfare dependency, including

22  children of participants in the WAGES Program, children of

23  migrant farmworkers, children of teen parents, and children

24  from other families at risk of welfare dependency due to a

25  family income of less than 100 percent of the federal poverty

26  level; and

27         (c)  Children of working families whose family income

28  is equal to or greater than 100 percent, but does not exceed

29  150 percent, of the federal poverty level; and.

30

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1         (d)  Children of working families enrolled in the Child

  2  Care Partnership Program whose family income does not exceed

  3  200 percent of the federal poverty level.

  4         Section 5.  Section 402.3016, Florida Statutes, is

  5  created to read:

  6         402.3016  Early Head Start collaboration grants.--

  7         (1)  Contingent upon specific appropriations, the

  8  Department of Children and Family Services shall establish a

  9  program to award collaboration grants to assist local agencies

10  in securing Early Head Start programs through Early Head Start

11  program federal grants. The collaboration grants shall provide

12  the required matching funds for public and private nonprofit

13  agencies that have been approved for Early Head Start program

14  federal grants.

15         (2)  Public and private nonprofit agencies providing

16  Early Head Start programs applying for collaborative grants

17  must:

18         (a)  Ensure quality performance by meeting the

19  requirements in the Head Start program performance standards

20  and other applicable rules and regulations;

21         (b)  Ensure collaboration with other service providers

22  at the local level; and

23         (c)  Ensure that a comprehensive array of health,

24  nutritional, and other services are provided to the program's

25  pregnant women and very young children, and their families.

26         (3)  The department shall report to the Legislature on

27  an annual basis the number of agencies receiving Early Head

28  Start collaboration grants and the number of children served.

29         (4)  The department may adopt rules as necessary for

30  the award of collaboration grants to competing agencies and

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  the administration of the collaboration grants program under

  2  this section.

  3         Section 6.  Section 402.3017, Florida Statutes, is

  4  created to read:

  5         402.3017  Health care coverage for center-based

  6  subsidized child care providers.--

  7         (1)  The department is authorized and directed to

  8  establish a health care buy-in option through the state

  9  employees health insurance program for center-based subsidized

10  child care providers who provide child care services paid for

11  in whole or in part by the department, who meet the

12  eligibility requirements of this section, and who hold a Gold

13  Seal Quality Care designation.

14         (2)  A center-based provider is eligible to participate

15  if the provider:

16         (a)  Is licensed as a child day care provider by the

17  department pursuant to s. 402.305 or is exempt from licensure

18  pursuant to s. 402.316;

19         (b)  Demonstrates that it meets the minimum subsidized

20  child care participation rates as determined by the department

21  in an applicable period; and

22         (c)  Elects to exercise this health care buy-in

23  coverage option on behalf of its employees and makes timely

24  payment of the provider's share of the premium.

25         (3)  Effective January 1, 2000:

26         (a)  If the number of children served by the provider

27  meets the department's subsidized child care guidelines and at

28  least 50 percent of the licensed capacity of the provider are

29  children in the subsidized child care program, then the

30  center-based child care provider shall pay 50 percent of the

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  monthly premiums attributable to the center's participating

  2  employees.

  3         (b)  If the number of children served by the provider

  4  meets the department's subsidized child care guidelines and at

  5  least 40 percent of the licensed capacity of the provider are

  6  children in the subsidized child care program, then the

  7  center-based child care provider shall pay 60 percent of the

  8  monthly premiums attributable to the center's participating

  9  employees.

10         (c)  If the number of children served by the provider

11  meets the department's subsidized child care guidelines and at

12  least 30 percent of the licensed capacity of the provider are

13  children in the subsidized child care program, then the

14  center-based child care provider shall pay 70 percent of the

15  monthly premiums attributable to the center's participating

16  employees.

17         (4)  The department is authorized to adopt rules as

18  necessary to effect the intent and further define the terms

19  and provisions of this section, which may include, but need

20  not be limited to, rules relating to the terms, premiums,

21  conditions, limitations, and restrictions of the health care

22  buy-in option and enrollment periods and procedures.

23         Section 7.  Present subsections (8) through (15) of

24  section 402.302, Florida Statutes, 1998 Supplement, are

25  renumbered as subsections (9) through (16), respectively, and

26  a new subsection (8) is added to that section to read:

27         402.302  Definitions.--

28         (8)  "Large family child care home" means an occupied

29  residence in which child care is regularly provided for

30  children from at least two unrelated families, which receives

31  a payment, fee, or grant for any of the children receiving

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  care, whether or not operated for profit, and which has at

  2  least two full-time child care personnel on the premises

  3  during the hours of operation. One of the two full-time child

  4  care personnel must be the owner or occupant of the residence.

  5  A large family child care home must first operate as a

  6  licensed family child care home, with an operator who has a

  7  child development associate credential or equivalent, for a

  8  minimum of 3 consecutive years before seeking licensure as a

  9  family group child care home. A large family child care home

10  shall be allowed to provide care for one of the following

11  groups of children, which shall include those children under

12  12 years of age who are related to the caregiver:

13         (a)  A maximum of 8 children from birth to 24 months of

14  age.

15         (b)  A maximum of 12 children, with no more than 4

16  children under 24 months of age.

17         Section 8.  Section 402.3027, Florida Statutes, is

18  created to read:

19         402.3027  Observation and assessment of young children

20  in subsidized child care programs.--The Department of Children

21  and Family Services is directed to establish a system for the

22  behavioral observation and developmental assessment of young

23  children in subsidized child care programs, to assist in

24  determining appropriate developmental age level, the need for

25  formal developmental assessment, or the need to make referrals

26  for necessary early intervention programs and specialized

27  services.

28         (1)  DEFINITIONS.--

29         (a)  "Developmental assessment test" means a

30  standardized assessment test designed to identify normal child

31  development or developmental delays.

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1         (b)  "Developmental milestones" means behaviors that a

  2  child should be exhibiting by a certain age in the cognitive,

  3  physical/psychomotor, and social domains.

  4         (c)  "Developmental observation checklist" means a

  5  behavioral observation instrument used to identify

  6  developmental milestones.

  7         (d)  "Diagnostic assessments test" means a test

  8  designed to identify children with specific special needs,

  9  determine the nature of the problem, suggest the cause of the

10  problem, and propose remediation strategies.

11         (e)  "School readiness tests" means tests designed to

12  assess a child's level of preparedness for an academic

13  program.

14         (2)  PRINCIPLES.--In the development of a system for

15  the behavioral observation and developmental assessment of

16  young children in subsidized child care, the department shall

17  adhere to the following principles:

18         (a)  Informed consent of the child's parent shall be

19  secured prior to all Level II and Level III assessments.

20         (b)  All standardized tests used in early childhood

21  programs must be reliable and valid according to the technical

22  standards of test development.

23         (c)  It is the responsibility of the program operator

24  and child care staff to be knowledgeable regarding child

25  development and the use of behavioral observation instruments.

26         (d)  Standardized assessment tests and diagnostic

27  assessments tests shall only be administered by professional

28  and trained staff.

29         (e)  Testing of young children must be conducted by

30  individuals who are knowledgeable about and sensitive to the

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  developmental needs of young children and are qualified to

  2  administer tests.

  3         (f)  Parents shall be full partners in the assessment

  4  process and parent training shall be made available.

  5         (3)  PROCEDURES.--The department shall implement the

  6  following assessment procedures for all children in a

  7  subsidized child care arrangement:

  8         (a)  Level I assessment.--

  9         1.  The purpose of Level I assessment is to identify

10  and monitor normal development or possible developmental

11  delay.

12         2.  All children in care who are between the ages of 1

13  year and 4 years, inclusive, shall be screened every 6 months

14  using a department-approved developmental observation

15  checklist.

16         3.  The results indicated by the checklist shall be

17  reviewed by the facility's child development associate or by

18  the community child care coordinating agency.

19         4.  The department shall establish procedures to

20  provide feedback to parents regarding observed development and

21  activities, including parent training, to enhance the child's

22  cognitive, psychomotor, and social skills.

23         (b)  Level II assessment.--

24         1.  The purpose of Level II assessment is to determine

25  whether a delay identified in a Level I assessment can be

26  addressed by the child care facility or family day care home

27  or whether a special service or further assessment is needed.

28         2.  Level II assessment shall be conducted by trained

29  professional staff.

30         3.  The department shall establish procedures to:

31

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1         a.  Develop individualized learning plans for

  2  implementation by the primary caregiver.

  3         b.  Adopt and offer a program of intensive language or

  4  math activities provided by visiting specialist.

  5         c.  Adopt and offer a program of parent training and

  6  home visits.

  7         (c)  Level III assessment.--When indicated by a Level

  8  II assessment, the department shall establish procedures to

  9  refer a child to Level III assessment providers such as

10  Florida Diagnostic and Learning Resource Services,

11  Medicaid/Early Periodic Screening, Diagnosis, and Testing

12  (EPSDT), Children's Medical Services, and other health

13  services, to determine eligibility for an early intervention

14  program.

15         Section 9.  Paragraph (d) of subsection (2) of section

16  402.305, Florida Statutes, 1998 Supplement, is amended,

17  paragraph (f) is added to subsection (2), present subsections

18  (17) and (18) are renumbered as subsections (18) and (19),

19  respectively, and a new subsection (17) is added to that

20  section, to read:

21         402.305  Licensing standards; child care facilities.--

22         (2)  PERSONNEL.--Minimum standards for child care

23  personnel shall include minimum requirements as to:

24         (d)  Minimum staff training requirements for child care

25  personnel.

26         1.  Such minimum standards for training shall ensure

27  that all child care personnel and operators of family child

28  day care homes serving at-risk children in a subsidized child

29  care program pursuant to s. 402.3015 take an approved

30  40-clock-hour 30-clock-hour introductory course in child care,

31  which course covers at least the following topic areas:

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1         a.  State and local rules and regulations which govern

  2  child care.

  3         b.  Health, safety, and nutrition.

  4         c.  Identifying and reporting child abuse and neglect.

  5         d.  Child development, including typical and atypical

  6  language, cognitive, motor, social, and self-help skills

  7  development.

  8         e.  Observation of developmental behaviors, including

  9  using a checklist or other similar observation tools and

10  techniques to determine the child's developmental age level.

11         f.e.  Specialized areas, as determined by the

12  department, for owner-operators and child care personnel of a

13  child care facility.

14

15  Within 90 days of employment, child care personnel shall begin

16  training to meet the training requirements and shall complete

17  such training within 1 year of the date on which the training

18  began.  Exemption from all or a portion of the required

19  training shall be granted to child care personnel based upon

20  educational credentials or passage of competency examinations.

21         2.  The introductory course in child care shall stress,

22  to the extent possible, an interdisciplinary approach to the

23  study of children.

24         3.  On an annual basis in order to further their child

25  care skills and, if appropriate, administrative skills, child

26  care personnel who have fulfilled the requirements for the

27  child care training shall be required to take an additional

28  approved 8 clock hours of inservice training or an equivalent

29  as determined by the department.

30         4.  Procedures for ensuring the training of qualified

31  child care professionals to provide training of child care

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  personnel, including onsite training, shall be included in the

  2  minimum standards.  It is recommended that the state community

  3  child care coordination agencies (central agencies) be

  4  contracted by the department to coordinate such training when

  5  possible. Other district educational resources, such as

  6  community colleges and vocational-technical programs, can be

  7  designated in such areas where central agencies may not exist

  8  or are determined not to have the capability to meet the

  9  coordination requirements set forth by the department.

10         5.  Training requirements shall not apply to certain

11  occasional or part-time support staff, including, but not

12  limited to, swimming instructors, piano teachers, dance

13  instructors, and gymnastics instructors.

14         6.  The State Coordinating Council for Early Childhood

15  Services, in coordination with the department, shall evaluate

16  or contract for an evaluation for the general purpose of

17  determining the status of and means to improve staff training

18  requirements and testing procedures.  The evaluation shall be

19  completed by October 1, 1992, and conducted every 2 years

20  thereafter.  The evaluation shall include, but not be limited

21  to, determining the availability, quality, scope, and sources

22  of current staff training; determining the need for specialty

23  training; and determining ways to increase inservice training

24  and ways to increase the accessibility, quality, and

25  cost-effectiveness of current and proposed staff training. The

26  evaluation methodology shall include a reliable and valid

27  survey of child care personnel.

28         7.  The child care operator shall be required to take

29  basic training in serving children with disabilities within 5

30  years after employment, either as a part of the introductory

31  training or the annual 8 hours of inservice training.

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1         (f)  By January 1, 2000, a credential for child care

  2  facility directors. By January 1, 2003, the credential shall

  3  be a required minimum standard for licensing.

  4         (17)  SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF

  5  MILDLY ILL CHILDREN.--Minimum standards shall be developed by

  6  the department, in conjunction with the Department of Health,

  7  for specialized child care facilities for the care of mildly

  8  ill children. The minimum standards shall address the

  9  following areas:  personnel requirements; staff-to-child

10  ratios; staff training and credentials; health and safety;

11  physical facility requirements, including square footage;

12  client eligibility, including a definition of "mildly ill

13  children"; sanitation and safety; admission and recordkeeping;

14  dispensing of medication; and a schedule of activities.

15         Section 10.  Subsection (2) of section 402.3051,

16  Florida Statutes, is amended to read:

17         402.3051  Child care market rate reimbursement; child

18  care grants.--

19         (2)  The department shall establish procedures to

20  reimburse licensed, exempt, or registered child care providers

21  who hold a Gold Seal Quality Care designation at the market

22  rate for child care services for children who are eligible to

23  receive subsidized child care; and licensed, exempt, or

24  registered child care providers at the prevailing market rate

25  for child care services for children who are eligible to

26  receive subsidized child care, unless prohibited by federal

27  law under s. 402.3015. The department shall establish

28  procedures to reimburse providers of unregulated child care at

29  not more than 50 percent of the market rate. The payment

30  system may not interfere with the parents' decision as to the

31  appropriate child care arrangement, regardless of the level of

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  available funding for child care. The child care program

  2  assessment tool may not be used to determine reimbursement

  3  rates.

  4         Section 11.  Paragraphs (b), (d), and (g) of subsection

  5  (2) of section 402.3055, Florida Statutes, are amended to

  6  read:

  7         402.3055  Child care personnel requirements.--

  8         (2)  EXCLUSION FROM OWNING, OPERATING, OR BEING

  9  EMPLOYED BY A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM;

10  HEARINGS PROVIDED.--

11         (b)  When the department or the local licensing agency

12  has reasonable cause to believe that grounds for denial or

13  termination of employment exist, it shall notify, in writing,

14  the applicant, licensee, or other child care program and the

15  child care personnel affected, stating the specific record

16  which indicates noncompliance with the standards in s.

17  402.305(2)(1).

18         (d)  When a local licensing agency is the agency

19  initiating the statement regarding noncompliance of an

20  employee with the standards contained in s. 402.305(2)(1), the

21  employee, applicant, licensee, or other child care program has

22  15 days from the time of written notification of the agency's

23  finding to make a written request for a hearing.  If a request

24  for a hearing is not received in that time, the permanent

25  employee, applicant, licensee, or other child care program is

26  presumed to accept the finding.

27         (g)  Refusal on the part of an applicant or licensee to

28  dismiss child care personnel who have been found to be in

29  noncompliance with personnel standards of s. 402.305(2)(1)

30  shall result in automatic denial or revocation of the license

31

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  in addition to any other remedies pursued by the department or

  2  local licensing agency.

  3         Section 12.  Section 402.3018, Florida Statutes, is

  4  created to read:

  5         402.3018  Consultation to child care centers and family

  6  day care homes regarding health, developmental, disability,

  7  and special needs issues.--

  8         (1)  Contingent upon specific appropriations, the

  9  department is directed to contract with the statewide resource

10  information and referral agency for a statewide toll-free

11  Warm-Line for the purpose of providing assistance and

12  consultation to child care centers and family day care homes

13  regarding health, developmental, disability, and special needs

14  issues of the children they are serving, particularly children

15  with disabilities and other special needs.

16         (2)  The purpose of the Warm-Line is to provide advice

17  to child care personnel concerning strategies, curriculum, and

18  environmental adaptations that allow a child to derive maximum

19  benefit from the child care experience.

20         (3)  The department shall inform child care centers and

21  family day care homes of the availability of this service, on

22  an annual basis.

23         (4)  Contingent upon specific appropriations, the

24  department shall expand or contract for the expansion of the

25  Warm-Line from one statewide site to one Warm-Line site in

26  each child care resource and referral agency region.

27         (5)  Each regional Warm-Line shall provide assistance

28  and consultation to child care centers and family day care

29  homes regarding health, developmental, disability, and special

30  needs issues of the children they are serving, particularly

31  children with disabilities and other special needs.  Regional

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  Warm-Line staff shall provide onsite technical assistance,

  2  when requested, to assist child care centers and family day

  3  care homes with inquiries relative to the strategies,

  4  curriculum, and environmental adaptations the child care

  5  centers and family day care homes may need as they serve

  6  children with disabilities and other special needs.

  7         Section 13.  Subsections (1) and (4) of section

  8  402.313, Florida Statutes, are amended to read:

  9         402.313  Family day care homes.--

10         (1)  Family day care homes shall be licensed under this

11  act if they are presently being licensed under an existing

12  county licensing ordinance, if they are participating in the

13  subsidized child care program, or if the board of county

14  commissioners passes a resolution that family day care homes

15  be licensed.  If no county authority exists for the licensing

16  of a family day care home, the department shall have the

17  authority to license family day care homes under contract for

18  the purchase-of-service system in the subsidized child care

19  program.

20         (a)  If not subject to license, family day care homes

21  shall register annually with the department, providing the

22  following information:

23         1.  The name and address of the home.,

24         2.  The name of the operator.,

25         3.  The number of children served.,

26         4.  Proof of a written plan to provide at least one

27  other competent adult to be available to substitute for the

28  operator in an emergency.  This plan shall include the name,

29  address, and telephone number of the designated substitute.,

30         5.  Proof of screening and background checks.,

31

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1         6.  Proof of completion of the 30-hour 3-hour training

  2  course, which shall include:

  3         a.  State and local rules and regulations that govern

  4  child care.

  5         b.  Health, safety, and nutrition.

  6         c.  Identifying and reporting child abuse and neglect.

  7         d.  Child development, including typical and atypical

  8  language development; and cognitive, motor, social, and

  9  self-help skills development.

10         e.  Observation of developmental behaviors, including

11  using a checklist or other similar observation tools and

12  techniques to determine a child's developmental level.

13         f.  Specialized areas, as determined by the department,

14  for owner-operators of family child care homes. and

15         7.  Proof that immunization records are kept current.

16         (b)  The department or local licensing agency may

17  impose an administrative fine, not to exceed $100, for failure

18  to comply with licensure or registration requirements.

19         (c)  A family day care home not participating in the

20  subsidized child care program may volunteer to be licensed

21  under the provisions of this act.

22         (d)  The department may provide technical assistance to

23  counties and family day care home providers to enable counties

24  and family day care providers to achieve compliance with

25  family day care homes standards.

26         (4)  Operators of family child day care homes shall

27  take an approved 30-clock-hour 3-clock-hour introductory

28  course in child care. Family child care homes licensed or

29  registered on June 30, 1999, shall have until June 30, 2001,

30  to comply with this course requirement, except that the

31  department shall exempt family child care homes in this

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  category that can demonstrate that the operator has received

  2  at least 30 hours of training. Family child care homes

  3  initially licensed or registered on or after July 1, 1999, but

  4  before October 1, 1999, shall have until October 1, 1999, to

  5  comply with the 30-clock-hour course requirement. Family child

  6  care homes initially licensed or registered on or after

  7  October 1, 1999, must comply with the 30-clock-hour course

  8  requirement before caring for children.

  9         Section 14.  Section 402.3131, Florida Statutes, is

10  created to read:

11         402.3131  Large family child care homes.--

12         (1)  Large family child care homes shall be licensed

13  under this section.

14         (a)  The department or local licensing agency may

15  impose an administrative fine, not to exceed $1,000, for

16  failure to comply with licensure requirements.

17         (b)  A licensed family child care home must first

18  operate for a minimum of 3 consecutive years, with an operator

19  who has a child development associate credential or

20  equivalent, before seeking licensure as a large family child

21  care home.

22         (c)  The department may provide technical assistance to

23  counties and family child care home providers to enable the

24  counties and providers to achieve compliance with minimum

25  standards for large family child care homes.

26         (2)  Child care personnel in large family child care

27  homes shall be subject to the applicable screening provisions

28  contained in ss. 402.305(2) and 402.3055. For purposes of

29  screening child care personnel in large family child care

30  homes, the term "child care personnel" includes any member of

31  a family group child care home operator's family 12 years of

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  age or older, or any person 12 years of age or older residing

  2  with the operator in the large family child care home. Members

  3  of the operator's family, or persons residing with the

  4  operator, who are between the ages of 12 years and 18 years,

  5  inclusive, shall not be required to be fingerprinted, but

  6  shall be screened for delinquency records.

  7         (3)  Operators of large family child care homes shall

  8  take an approved 40-clock-hour introductory course in group

  9  child care.

10         (4)  The department shall prepare a brochure on large

11  family child care homes for distribution to the general

12  public.

13         (5)  The department shall, by rule, establish minimum

14  standards for large family child care homes. The standards

15  shall include, at a minimum, requirements for staffing,

16  maintenance of immunization records, minimum health standards,

17  and enforcement of standards.

18         Section 15.  Paragraph (a) of subsection (4) of section

19  943.0585, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         943.0585  Court-ordered expunction of criminal history

22  records.--The courts of this state have jurisdiction over

23  their own procedures, including the maintenance, expunction,

24  and correction of judicial records containing criminal history

25  information to the extent such procedures are not inconsistent

26  with the conditions, responsibilities, and duties established

27  by this section.  Any court of competent jurisdiction may

28  order a criminal justice agency to expunge the criminal

29  history record of a minor or an adult who complies with the

30  requirements of this section.  The court shall not order a

31  criminal justice agency to expunge a criminal history record

                                  22

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  until the person seeking to expunge a criminal history record

  2  has applied for and received a certificate of eligibility for

  3  expunction pursuant to subsection (2).  A criminal history

  4  record that relates to a violation of chapter 794, s. 800.04,

  5  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

  6  violation enumerated in s. 907.041 may not be expunged,

  7  without regard to whether adjudication was withheld, if the

  8  defendant was found guilty of or pled guilty or nolo

  9  contendere to the offense, or if the defendant, as a minor,

10  was found to have committed, or pled guilty or nolo contendere

11  to committing, the offense as a delinquent act. The court may

12  only order expunction of a criminal history record pertaining

13  to one arrest or one incident of alleged criminal activity,

14  except as provided in this section. The court may, at its sole

15  discretion, order the expunction of a criminal history record

16  pertaining to more than one arrest if the additional arrests

17  directly relate to the original arrest. If the court intends

18  to order the expunction of records pertaining to such

19  additional arrests, such intent must be specified in the

20  order. A criminal justice agency may not expunge any record

21  pertaining to such additional arrests if the order to expunge

22  does not articulate the intention of the court to expunge a

23  record pertaining to more than one arrest. This section does

24  not prevent the court from ordering the expunction of only a

25  portion of a criminal history record pertaining to one arrest

26  or one incident of alleged criminal activity.  Notwithstanding

27  any law to the contrary, a criminal justice agency may comply

28  with laws, court orders, and official requests of other

29  jurisdictions relating to expunction, correction, or

30  confidential handling of criminal history records or

31  information derived therefrom.  This section does not confer

                                  23

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  any right to the expunction of any criminal history record,

  2  and any request for expunction of a criminal history record

  3  may be denied at the sole discretion of the court.

  4         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

  5  criminal history record of a minor or an adult which is

  6  ordered expunged by a court of competent jurisdiction pursuant

  7  to this section must be physically destroyed or obliterated by

  8  any criminal justice agency having custody of such record;

  9  except that any criminal history record in the custody of the

10  department must be retained in all cases. A criminal history

11  record ordered expunged that is retained by the department is

12  confidential and exempt from the provisions of s. 119.07(1)

13  and s. 24(a), Art. I of the State Constitution and not

14  available to any person or entity except upon order of a court

15  of competent jurisdiction. A criminal justice agency may

16  retain a notation indicating compliance with an order to

17  expunge.

18         (a)  The person who is the subject of a criminal

19  history record that is expunged under this section or under

20  other provisions of law, including former s. 893.14, former s.

21  901.33, and former s. 943.058, may lawfully deny or fail to

22  acknowledge the arrests covered by the expunged record, except

23  when the subject of the record:

24         1.  Is a candidate for employment with a criminal

25  justice agency;

26         2.  Is a defendant in a criminal prosecution;

27         3.  Concurrently or subsequently petitions for relief

28  under this section or s. 943.059;

29         4.  Is a candidate for admission to The Florida Bar;

30         5.  Is seeking to be employed or licensed by or to

31  contract with the Department of Children and Family Services

                                  24

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  or the Department of Juvenile Justice or to be employed or

  2  used by such contractor or licensee in a sensitive position

  3  having direct contact with children, the developmentally

  4  disabled, the aged, or the elderly as provided in s.

  5  110.1127(3), s. 393.063(14), s. 394.4572(1), s. 397.451, s.

  6  402.302(3)(8), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),

  7  s. 415.1075(4), s. 985.407, or chapter 400; or

  8         6.  Is seeking to be employed or licensed by the Office

  9  of Teacher Education, Certification, Staff Development, and

10  Professional Practices of the Department of Education, any

11  district school board, or any local governmental entity that

12  licenses child care facilities.

13         Section 16.  Paragraph (a) of subsection (4) of section

14  943.059, Florida Statutes, 1998 Supplement, is amended to

15  read:

16         943.059  Court-ordered sealing of criminal history

17  records.--The courts of this state shall continue to have

18  jurisdiction over their own procedures, including the

19  maintenance, sealing, and correction of judicial records

20  containing criminal history information to the extent such

21  procedures are not inconsistent with the conditions,

22  responsibilities, and duties established by this section.  Any

23  court of competent jurisdiction may order a criminal justice

24  agency to seal the criminal history record of a minor or an

25  adult who complies with the requirements of this section.  The

26  court shall not order a criminal justice agency to seal a

27  criminal history record until the person seeking to seal a

28  criminal history record has applied for and received a

29  certificate of eligibility for sealing pursuant to subsection

30  (2).  A criminal history record that relates to a violation of

31  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  s. 893.135, or a violation enumerated in s. 907.041 may not be

  2  sealed, without regard to whether adjudication was withheld,

  3  if the defendant was found guilty of or pled guilty or nolo

  4  contendere to the offense, or if the defendant, as a minor,

  5  was found to have committed or pled guilty or nolo contendere

  6  to committing the offense as a delinquent act.  The court may

  7  only order sealing of a criminal history record pertaining to

  8  one arrest or one incident of alleged criminal activity,

  9  except as provided in this section. The court may, at its sole

10  discretion, order the sealing of a criminal history record

11  pertaining to more than one arrest if the additional arrests

12  directly relate to the original arrest.  If the court intends

13  to order the sealing of records pertaining to such additional

14  arrests, such intent must be specified in the order.  A

15  criminal justice agency may not seal any record pertaining to

16  such additional arrests if the order to seal does not

17  articulate the intention of the court to seal records

18  pertaining to more than one arrest.  This section does not

19  prevent the court from ordering the sealing of only a portion

20  of a criminal history record pertaining to one arrest or one

21  incident of alleged criminal activity. Notwithstanding any law

22  to the contrary, a criminal justice agency may comply with

23  laws, court orders, and official requests of other

24  jurisdictions relating to sealing, correction, or confidential

25  handling of criminal history records or information derived

26  therefrom.  This section does not confer any right to the

27  sealing of any criminal history record, and any request for

28  sealing a criminal history record may be denied at the sole

29  discretion of the court.

30         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

31  criminal history record of a minor or an adult which is

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  ordered sealed by a court of competent jurisdiction pursuant

  2  to this section is confidential and exempt from the provisions

  3  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

  4  and is available only to the person who is the subject of the

  5  record, to the subject's attorney, to criminal justice

  6  agencies for their respective criminal justice purposes, or to

  7  those entities set forth in subparagraphs (a)1., 4., 5., and

  8  6. for their respective licensing and employment purposes.

  9         (a)  The subject of a criminal history record sealed

10  under this section or under other provisions of law, including

11  former s. 893.14, former s. 901.33, and former s. 943.058, may

12  lawfully deny or fail to acknowledge the arrests covered by

13  the sealed record, except when the subject of the record:

14         1.  Is a candidate for employment with a criminal

15  justice agency;

16         2.  Is a defendant in a criminal prosecution;

17         3.  Concurrently or subsequently petitions for relief

18  under this section or s. 943.0585;

19         4.  Is a candidate for admission to The Florida Bar;

20         5.  Is seeking to be employed or licensed by or to

21  contract with the Department of Children and Family Services

22  or the Department of Juvenile Justice or to be employed or

23  used by such contractor or licensee in a sensitive position

24  having direct contact with children, the developmentally

25  disabled, the aged, or the elderly as provided in s.

26  110.1127(3), s. 393.063(14), s. 394.4572(1), s. 397.451, s.

27  402.302(3)(8), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),

28  s. 415.103, s. 985.407, or chapter 400; or

29         6.  Is seeking to be employed or licensed by the Office

30  of Teacher Education, Certification, Staff Development, and

31  Professional Practices of the Department of Education, any

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    Florida Senate - 1999                                  SB 2092
    20-1452B-99                                             See HB




  1  district school board, or any local governmental entity which

  2  licenses child care facilities.

  3         Section 17.  This act shall take effect July 1, 1999.

  4

  5            *****************************************

  6                       LEGISLATIVE SUMMARY

  7
      Provides a sales tax exemption for educational materials
  8    purchased by licensed child care facilities with Gold
      Seal Quality Care designation from the Department of
  9    Children and Family Services that provide all their
      employees with basic health insurance coverage. Defines
10    "large family child care home" and provides for licensure
      and Gold Seal designation of such homes. Provides a
11    maximum $1,000 fine for failure to comply with licensing
      requirements. Provides for child care market rate
12    reimbursement for Gold Seal child care providers.
      Increases from 150 to 200 percent of federal poverty
13    level the maximum family income for participation in the
      subsidized child care program. Directs the department to
14    establish health care coverage for employees of certain
      subsidized child care providers through the state
15    employees health insurance program. Provides eligibility
      requirements and a schedule of premium participation.
16    Directs the department to establish a system for
      behavioral observation and developmental assessment of
17    young children in subsidized child care. Contingent upon
      specific appropriations, directs the department to
18    establish a program to award Early Head Start
      collaboration grants to provide matching funds to secure
19    Early Head Start program federal grants. Revises minimum
      training requirements for child care facility personnel.
20    Provides minimum training requirements for directors of
      child care facilities. Provides for development of
21    minimum standards for specialized child care facilities
      for the care of mildly ill children. Contingent upon
22    specific appropriations, establishes a toll-free
      telephone line to provide consultation to child care
23    centers and family day care homes. Increases the training
      course requirement for operators of large family child
24    care homes. (See bill for details.)

25

26

27

28

29

30

31

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