HB 1141 2003
1	CHAMBER ACTION
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6	The Committee on Future of Florida's Families recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11
12	A bill to be entitled
13	An act relating to child care; amending s. 402.305, F.S.;
14	revising inservice training requirements for child care
15	personnel; requiring training in early literacy and
16	language development; amending s. 402.313, F.S.; requiring
17	annual training and an annual health and safety home
18	inspection self-evaluation by family day care home
19	operators; requiring training in early literacy and
20	language development; amending s. 402.3131, F.S.;
21	requiring annual training of operators of large family
22	child care homes; requiring training in early literacy and
23	language development; amending s. 402.312, F.S.; providing
24	grounds for injunctive relief against unlicensed or
25	unregistered family day care homes and unlicensed larger
26	family child care homes; providing penalties; providing an
27	effective date.
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29	Be It Enacted by the Legislature of the State of Florida:
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31	Section 1. Paragraph (d) of subsection (2) of section
32	402.305, Florida Statutes, is amended to read:
33	402.305 Licensing standards; child care facilities.--
34	(2) PERSONNEL.--Minimum standards for child care personnel
35	shall include minimum requirements as to:
36	(d) Minimum training requirements for child care
37	personnel.
38	1. Such minimum standards for training shall ensure that
39	all child care personnel take an approved 40-clock-hour
40	introductory course in child care, which course covers at least
41	the following topic areas:
42	a. State and local rules and regulations which govern
43	child care.
44	b. Health, safety, and nutrition.
45	c. Identifying and reporting child abuse and neglect.
46	d. Child development, including typical and atypical
47	language, cognitive, motor, social, and self-help skills
48	development.
49	e. Observation of developmental behaviors, including using
50	a checklist or other similar observation tools and techniques to
51	determine the child's developmental age level.
52	f. Specialized areas, including computer technology for
53	professional and classroom use and early literacy and language
54	development of children from birth to 5 years of age, as
55	determined by the department, for owner-operators and child care
56	personnel of a child care facility.
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58	Within 90 days after employment, child care personnel shall
59	begin training to meet the training requirements. Child care
60	personnel shall successfully complete such training within 1
61	year after the date on which the training began, as evidenced by
62	passage of a competency examination. Successful completion of
63	the 40-clock-hour introductory course shall articulate into
64	community college credit in early childhood education, pursuant
65	to ss. 1007.24 and 1007.25. Exemption from all or a portion of
66	the required training shall be granted to child care personnel
67	based upon educational credentials or passage of competency
68	examinations. Child care personnel possessing a 2-year degree or
69	higher that includes 6 college credit hours in early childhood
70	development or child growth and development, or a child
71	development associate credential or an equivalent state-approved
72	child development associate credential, or a child development
73	associate waiver certificate shall be automatically exempted
74	from the training requirements in sub-subparagraphs b., d., and
75	e.
76	2. The introductory course in child care shall stress, to
77	the extent possible, an interdisciplinary approach to the study
78	of children.
79	3. On an annual basis in order to further their child care
80	skills and, if appropriate, administrative skills, child care
81	personnel who have fulfilled the requirements for the child care
82	training shall be required to take an additional 1 continuing
83	education unitapproved 8 clock hours of approvedinservice
84	training, or 10 clock hours ofan equivalent trainingas
85	determined by the department.
86	4. Child care personnel shall be required to complete 0.5
87	continuing education unit of approved training or 5 clock hours
88	of equivalent training, as determined by the department, in
89	early literacy and language development of children from birth
90	to 5 years of age one time. The year that this training is
91	completed, it shall fulfill 0.5 continuing education unit or 5
92	clock hours of the annual training required in subparagraph 3.
93	5.4.Procedures for ensuring the training of qualified
94	child care professionals to provide training of child care
95	personnel, including onsite training, shall be included in the
96	minimum standards. It is recommended that the state community
97	child care coordination agencies (central agencies) be
98	contracted by the department to coordinate such training when
99	possible. Other district educational resources, such as
100	community colleges and vocational-technical programs, can be
101	designated in such areas where central agencies may not exist or
102	are determined not to have the capability to meet the
103	coordination requirements set forth by the department.
104	6.5.Training requirements shall not apply to certain
105	occasional or part-time support staff, including, but not
106	limited to, swimming instructors, piano teachers, dance
107	instructors, and gymnastics instructors.
108	7.6.The department shall evaluate or contract for an
109	evaluation for the general purpose of determining the status of
110	and means to improve staff training requirements and testing
111	procedures. The evaluation shall be conducted every 2 years. The
112	evaluation shall include, but not be limited to, determining the
113	availability, quality, scope, and sources of current staff
114	training; determining the need for specialty training; and
115	determining ways to increase inservice training and ways to
116	increase the accessibility, quality, and cost-effectiveness of
117	current and proposed staff training. The evaluation methodology
118	shall include a reliable and valid survey of child care
119	personnel.
120	8.7.The child care operator shall be required to take
121	basic training in serving children with disabilities within 5
122	years after employment, either as a part of the introductory
123	training or the annual 8 hours of inservice training.
124	Section 2. Paragraph (a) of subsection (1) of section
125	402.313, Florida Statutes, is amended, subsections (5) through
126	(10) are renumbered as subsections (8) through (13),
127	respectively, and new subsections (5), (6), and (7) are added to
128	said section, to read:
129	402.313 Family day care homes.--
130	(1) Family day care homes shall be licensed under this act
131	if they are presently being licensed under an existing county
132	licensing ordinance, if they are participating in the subsidized
133	child care program, or if the board of county commissioners
134	passes a resolution that family day care homes be licensed. If
135	no county authority exists for the licensing of a family day
136	care home, the department shall have the authority to license
137	family day care homes under contract for the purchase-of-service
138	system in the subsidized child care program.
139	(a) If not subject to license, family day care homes shall
140	register annually with the department, providing the following
141	information:
142	1. The name and address of the home.
143	2. The name of the operator.
144	3. The number of children served.
145	4. Proof of a written plan to provide at least one other
146	competent adult to be available to substitute for the operator
147	in an emergency. This plan shall include the name, address, and
148	telephone number of the designated substitute.
149	5. Proof of screening and background checks.
150	6. Proof of successful completion of the 30-hour training
151	course, as evidenced by passage of a competency examination,
152	which shall include:
153	a. State and local rules and regulations that govern child
154	care.
155	b. Health, safety, and nutrition.
156	c. Identifying and reporting child abuse and neglect.
157	d. Child development, including typical and atypical
158	language development; and cognitive, motor, social, and self-
159	help skills development.
160	e. Observation of developmental behaviors, including using
161	a checklist or other similar observation tools and techniques to
162	determine a child's developmental level.
163	f. Specialized areas, including early literacy and
164	language development of children from birth to 5 years of age,
165	as determined by the department, for owner-operators of family
166	day care homes.
167	7. Proof that immunization records are kept current.
168	8. Proof of completion of the required continuing
169	education units.
170	9. A completed health and safety home inspection self-
171	evaluation checklist, pursuant to subsection (7).
172	(5) In order to further develop their child care skills
173	and, if appropriate, their administrative skills, operators of
174	family day care homes shall be required to annually complete an
175	additional 1 continuing education unit of approved training or
176	10 clock hours of equivalent training, as determined by the
177	department.
178	(6) Operators of family day care homes shall be required
179	to complete 0.5 continuing education unit of approved training
180	in early literacy and language development of children from
181	birth to 5 years of age one time. The year that this training
182	is completed, it shall fulfill 0.5 continuing education unit or
183	5 clock hours of the annual training required in subsection (5).
184	(7) Operators of registered family day care homes shall be
185	required annually to complete a health and safety home
186	inspection self-evaluation checklist developed by the department
187	in conjunction with the statewide resource and referral network.
188	The completed checklist shall be signed by the operator of the
189	family day care home and provided to parents as certification
190	that basic health and safety standards are being met.
191	Section 3. Subsections (4) through (6) of section
192	402.3131, Florida Statutes, are renumbered as subsections (6)
193	through (8), respectively, and new subsections (4) and (5) are
194	added to said section to read:
195	402.3131 Large family child care homes.--
196	(4) In order to further develop their child care skills
197	and, if appropriate, their administrative skills, operators of
198	large family child care homes who have completed the required
199	introductory course shall be required to annually complete an
200	additional 1 continuing education unit of approved training or
201	10 clock hours of equivalent training, as determined by the
202	department.
203	(5) Operators of large family child care homes shall be
204	required to complete 0.5 continuing education unit of approved
205	training or 5 clock hours of equivalent training, as determined
206	by the department, in early literacy and language development of
207	children from birth to 5 years of age one time. The year that
208	this training is completed, it shall fulfill 0.5 continuing
209	education unit or 5 clock hours of the annual training required
210	in subsection (4).
211	Section 4. Section 402.312, Florida Statutes, is amended
212	to read:
213	402.312 License required; injunctive relief.--
214	(1) The operation of a child care facility without a
215	license, a family day care home without a license or
216	registration, or a large family child care home without a
217	licenseis prohibited. If the department or the local licensing
218	agency discovers that a child care facility is being operated
219	without a license, a family day care home is being operated
220	without a license or registration, or a large family child care
221	home is being operated without a license,the department or
222	local licensing agency is authorized to seek an injunction in
223	the circuit court in whichwherethe facility is located to
224	enjoin continued operation of such facility, family day care
225	home, or large family child care home. When the court is closed
226	for the transaction of judicial business, the department or
227	local licensing agency is authorized to seek an emergency
228	injunction to enjoin continued operation of such unlicensed
229	facility, unregistered or unlicensed family day care home, or
230	unlicensed large family child care home,which injunction shall
231	be continued, modified, or revoked on the next day of judicial
232	business.
233	(2) Other grounds for seeking an injunction to close a
234	child care facility, family day care home, or large family child
235	care homeare that:
236	(a) There is any violation of the standards applied under
237	ss. 402.301-402.319 which threatens harm to any child in the
238	child care facility, family day care home, or large family child
239	care home.
240	(b) A licensee or registranthas repeatedly violated the
241	standards provided for under ss. 402.301-402.319.
242	(c) A child care facility, family day care home, or large
243	family child care homecontinues to have children in attendance
244	after the closing date established by the department or the
245	local licensing agency.
246	(3) The department or local licensing agencymay impose an
247	administrative fine on any child care facility, family day care
248	home, or large family child care homeoperating without a
249	license or registration, consistent with the provisions of s.
250	402.310.
251	Section 5. This act shall take effect July 1, 2003.