Senate Bill sb1554

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1554

    By Senator Lynn





    7-1327-03

  1                      A bill to be entitled

  2         An act relating to the licensure of child care

  3         homes and facilities; amending s. 402.310,

  4         F.S.; authorizing the Department of Children

  5         and Family Services or a local licensing agency

  6         to deny, suspend, or revoke the license of a

  7         child care facility, a licensed family day care

  8         home, or a large family child care home and to

  9         deny, suspend, or revoke the registration of a

10         family day care home following a violation of

11         certain laws or rules; amending s. 402.313,

12         F.S.; requiring the department to establish

13         minimum safety standards for licensed family

14         day care homes; providing an effective date.

15

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

17

18         Section 1.  Section 402.310, Florida Statutes, is

19  amended to read:

20         402.310  Disciplinary actions; hearings upon denial,

21  suspension, or revocation of license; administrative fines.--

22         (1)(a)  The department or local licensing agency may

23  deny, suspend, or revoke a license of a child care facility, a

24  licensed family day care home, or a large family child care

25  home or the registration of a family day care home, or may

26  impose an administrative fine not to exceed $100 per

27  violation, per day, for the violation of any provision of ss.

28  402.301-402.319 or rules adopted thereunder. However, where

29  the violation could or does cause death or serious harm, the

30  department or local licensing agency may impose an

31  administrative fine, not to exceed $500 per violation per day.

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    Florida Senate - 2003                                  SB 1554
    7-1327-03




  1         (b)  In determining the appropriate disciplinary action

  2  to be taken for a violation as provided in paragraph (a), the

  3  following factors shall be considered:

  4         1.  The severity of the violation, including the

  5  probability that death or serious harm to the health or safety

  6  of any person will result or has resulted, the severity of the

  7  actual or potential harm, and the extent to which the

  8  provisions of ss. 402.301-402.319 have been violated.

  9         2.  Actions taken by the licensee or registrant to

10  correct the violation or to remedy complaints.

11         3.  Any previous violations of the licensee.

12         (2)  When the department has reasonable cause to

13  believe that grounds for the denial, suspension, or revocation

14  of a license or registration or imposition of an

15  administrative fine exist, it shall determine the matter in

16  accordance with procedures prescribed in chapter 120.  When

17  the local licensing agency has reasonable cause to believe

18  that grounds for the denial, suspension, or revocation of a

19  license or registration or imposition of an administrative

20  fine exist, it shall notify the applicant, registrant, or

21  licensee in writing, stating the grounds upon which the

22  license or registration is being denied, suspended, or revoked

23  or an administrative fine is being imposed.  If the applicant,

24  registrant, or licensee makes no written request for a hearing

25  to the local licensing agency within 15 days after from

26  receipt of such notice, the license or registration shall be

27  deemed denied, suspended, or revoked or an administrative fine

28  shall be imposed.

29         (3)  If a request for a hearing is made to the local

30  licensing agency, a hearing shall be held within 30 days and

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    Florida Senate - 2003                                  SB 1554
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  1  shall be conducted by an individual designated by the county

  2  commission.

  3         (4)  An applicant, registrant, or licensee shall have

  4  the right to appeal a decision of the local licensing agency

  5  to a representative of the department. Any required hearing

  6  shall be held in the county in which the child care facility

  7  is being operated or is to be established. The hearing shall

  8  be conducted in accordance with the provisions of chapter 120.

  9         Section 2.  Subsection (10) of section 402.313, Florida

10  Statutes, is amended to read:

11         402.313  Family day care homes.--

12         (10)  The department shall, by rule, establish minimum

13  standards for family day care homes that are required to be

14  licensed by county licensing ordinance or county licensing

15  resolution or that voluntarily choose to be licensed. The

16  standards should include requirements for staffing, training,

17  maintenance of immunization records, minimum health and safety

18  standards, reduced standards for the regulation of child care

19  during evening hours by municipalities and counties, and

20  enforcement of standards.

21         Section 3.  This act shall take effect upon becoming a

22  law.

23

24            *****************************************

25                          SENATE SUMMARY

26    Authorizes the Department of Children and Family Services
      or a local licensing agency to deny, suspend, or revoke
27    the license of a child care facility, a licensed family
      day care home, or a large family child care home and to
28    deny, suspend, or revoke the registration of a family day
      care home following a violation of laws or rules
29    governing the operation of such homes or facilities.
      Requires that the department establish minimum safety
30    standards for licensed family day care homes.

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