Senate Bill sb0194c2

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    Florida Senate - 2003                     CS for CS for SB 194

    By the Committees on Commerce, Economic Opportunities, and
    Consumer Services; Children and Families; and Senator Lynn




    310-2231-03

  1                      A bill to be entitled

  2         An act relating to child care facilities;

  3         amending s. 402.3055, F.S.; requiring a signed

  4         affidavit attesting to the accuracy of certain

  5         information provided by an applicant for a

  6         child care facility license; amending s.

  7         402.310, F.S.; requiring the Department of

  8         Children and Family Services to establish and

  9         impose uniform penalties relating to child care

10         facility violations; requiring implementation

11         not contingent upon an appropriation; creating

12         s. 402.3105, F.S.; requiring the department to

13         establish a database of information relating to

14         violations, citations, and penalties imposed

15         against child care facilities regulated by the

16         state; requiring the Department of Children and

17         Family Services to consult and meet the

18         requirements of the State Technology Office;

19         specifying database capabilities and uses of

20         information contained therein; requiring

21         implementation not contingent upon an

22         appropriation; amending s. 402.316, F.S.;

23         providing for a child care program affiliated

24         with a church, temple, or parochial school to

25         be exempt from regulation by the department as

26         a religious-exempt child care program;

27         requiring religious-exempt child care programs

28         to display a certificate of compliance issued

29         by an accrediting agency recognized by the

30         department; providing requirements for

31         accrediting agencies recognized by the

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    Florida Senate - 2003                     CS for CS for SB 194
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 1         department; requiring a recognized accrediting

 2         agency to conduct an initial on-site review;

 3         providing timeframes within which child care

 4         programs must meet the requirements for

 5         training and credentials; requiring recognized

 6         accrediting agencies for religious exemption to

 7         submit standards to the department; requiring

 8         the department to create and maintain a list of

 9         recognized accrediting agencies; providing that

10         the act does not authorize the department to

11         regulate the curriculum, discipline, or hiring

12         practices of a religious-exempt child care

13         program; requiring that the department notify

14         recognized accrediting agencies of any revision

15         in standards; requiring that a recognized

16         accrediting agency submit an annual report;

17         providing timeframes within which an exempt

18         child care program must notify an accrediting

19         agency of its transfer and termination of

20         accreditation; prohibiting a recognized

21         accrediting agency for religious exemption from

22         owning, operating, or administering certain

23         programs; requiring the department to

24         facilitate an annual meeting; directing the

25         Department of Children and Family Services to

26         adopt a rule defining child care; providing for

27         the transfer of the Child Care Program from the

28         Department of Children and Family Services to

29         the Department of Health; providing effective

30         dates.

31  

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    Florida Senate - 2003                     CS for CS for SB 194
    310-2231-03




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

 2  

 3         Section 1.  Paragraph (a) of subsection (1) of section

 4  402.3055, Florida Statutes, is amended to read:

 5         402.3055  Child care personnel requirements.--

 6         (1)  REQUIREMENTS FOR CHILD CARE PERSONNEL.--

 7         (a)  The department or local licensing agency shall

 8  require that the application for a child care license contain

 9  a question that specifically asks the applicant, owner, or

10  operator if he or she has ever had a license denied, revoked,

11  or suspended in any state or jurisdiction or has been the

12  subject of a disciplinary action or been fined while employed

13  in a child care facility. The applicant, owner, or operator

14  shall sign an affidavit attesting attest to the accuracy of

15  the information requested under penalty of perjury.

16         1.  If the applicant, owner, or operator admits that he

17  or she has been a party in such action, the department or

18  local licensing agency shall review the nature of the

19  suspension, revocation, disciplinary action, or fine before

20  granting the applicant a license to operate a child care

21  facility.

22         2.  If the department or local licensing agency

23  determines as the result of such review that it is not in the

24  best interest of the state or local jurisdiction for the

25  applicant to be licensed, a license shall not be granted.

26         Section 2.  Paragraph (c) is added to subsection (1) of

27  section 402.310, Florida Statutes, to read:

28         402.310  Disciplinary actions; hearings upon denial,

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

30         (1)

31  

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    Florida Senate - 2003                     CS for CS for SB 194
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 1         (c)  The department shall establish and impose uniform

 2  penalties for violations of ss. 402.301-402.319 and the rules

 3  adopted thereunder. The department shall implement this

 4  paragraph beginning on the effective date of this act, and

 5  such implementation shall not be contingent upon a specific

 6  appropriation therefor.

 7         Section 3.  Section 402.3105, Florida Statutes, is

 8  created to read:

 9         402.3105  Central database on violations, citations,

10  and penalties imposed against child care facilities.--

11         (1)  The Department of Children and Family Services

12  shall establish and maintain a central database to record and

13  compile all district information relating to violations,

14  citations, and penalties imposed against child care facilities

15  regulated by the department.

16         (2)  The database shall be operated in a manner that

17  enables the department to identify and locate such information

18  for purposes of monitoring and evaluating the uniformity and

19  effectiveness of district investigations and enforcement, in

20  order to ensure compliance of child care facilities with state

21  regulatory requirements. The database shall further maintain

22  and produce aggregate statistical reports monitoring patterns

23  of violations, citations, and penalties, including the classes

24  and types of violations and any actions taken to suspend or

25  revoke the license of a child care facility.

26         (3)  The information in the database shall serve as a

27  resource for the evaluation of child care facilities for

28  license renewal but may not be used for employment screening.

29  The information in the database shall be made available to the

30  public upon request pursuant to chapter 119, relating to

31  public records.

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    Florida Senate - 2003                     CS for CS for SB 194
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 1         (4)  In consultation with the State Technology Office,

 2  the Department of Children and Family Services shall establish

 3  and maintain a central database to record and compile all

 4  district information relating to violations, citations, and

 5  penalties imposed against child care facilities regulated by

 6  the department. This system shall be developed pursuant to

 7  chapter 282, and the department shall implement, operate, and

 8  maintain the system in accordance with the policies and

 9  procedures established by the State Technology Office.

10         (5)  The Department of Children and Family Services

11  shall implement this section beginning on the effective date

12  of this act, and such implementation shall not be contingent

13  upon a specific appropriation therefor.

14         Section 4.  Section 402.316, Florida Statutes, is

15  amended to read:

16         (Substantial rewording of section. See

17         s. 402.316, F.S., for present text.)

18         402.316  Exemption for child care program or weekday

19  preschool program accredited by a recognized accrediting

20  agency for religious exemption.--

21         (1)  A child care program or weekday preschool program

22  qualifies for the exemption provided in this section if the

23  program is an integral part of an established church, temple,

24  or parochial school conducting regularly scheduled classes,

25  courses of study, or educational programs, and is a member or

26  participant of, or accredited by, a state, regional, or

27  national accrediting agency for religious exemption which is

28  recognized by the Department of Children and Family Services.

29  A child care program or weekday preschool program that

30  qualifies as a religious-exempt child care program may choose

31  to be exempt from the requirements for child care licensing

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 1  established in ss. 402.301-402.319 or may voluntarily be

 2  licensed under ss. 402.301-402.319. If a religious-exempt

 3  child care program chooses to be exempt from the requirements

 4  of ss. 402.301-402.319, the program must display its

 5  certificate of compliance issued by a recognized accrediting

 6  agency for religious exemption in a conspicuous location in

 7  the facility. Failure to post the certificate of compliance in

 8  a conspicuous location will result in an administrative action

 9  as determined by the standards of the program's accrediting

10  agency for religious exemption.

11         (2)  The department shall verify an accrediting agency

12  as a recognized accrediting agency for religious exemption if

13  the accrediting agency:

14         (a)  Adopts minimum standards for operating a child

15  care program or weekday preschool program which meet or exceed

16  the department's minimum standards set forth in s. 402.305

17  (1)-(11), (13), (15), and (16);

18         (b)  Publishes its minimum standards and requires a

19  child care program or weekday preschool program that is a

20  member or participant of, or accredited by, the agency to

21  comply with the accrediting agency's minimum standards;

22         (c)  Requires a program that is a member or participant

23  of, or accredited by, the agency to meet the minimum

24  requirements of the local governing body with respect to

25  health, sanitation, and safety, including, but not limited to,

26  minimum requirements for environmental health, firesafety,

27  zoning, and building codes;

28         (d)  Requires a program that is a member or participant

29  of, or accredited by, the agency to inform parents that the

30  program is exempt from state licensing requirements but meets

31  

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    Florida Senate - 2003                     CS for CS for SB 194
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 1  the standards of the program's accrediting agency, which meet

 2  or exceed the department's minimum standards;

 3         (e)  Conducts an initial on-site review of each program

 4  that is a member or participant of, or accredited by, the

 5  agency. Each year thereafter, a notarized statement must be

 6  submitted to the accrediting agency by each program verifying

 7  compliance with applicable state laws and the accrediting

 8  agency's published minimum standards; and

 9         (f)  Requires child care personnel employed by a

10  program that is a member or participant of, or accredited by,

11  the agency to comply with standards that meet or exceed the

12  standards set forth in s. 402.305(2)(d). A recognized

13  accrediting agency for religious exemption must require child

14  care personnel to begin a 40-clock-hour introductory course in

15  child care, approved by the department, by October 1, 2003, or

16  within 90 days after employment and complete the training

17  within 1 year after the date on which the training begins. In

18  addition, a recognized accrediting agency shall require a

19  program that is a member or participant of, or accredited by,

20  the agency to meet or exceed the requirements for staff

21  credentials set forth in s. 402.305(3) by July 1, 2007. The

22  department and accrediting agencies for religious exemption

23  shall work collaboratively to expedite the approval of

24  equivalency programs developed by the accrediting agencies.

25         (3)  Each accrediting agency for religious exemption

26  that seeks recognition by the department under this section

27  must submit a copy of its published standards to the

28  department for review. These standards shall be reviewed by

29  the department within 30 days after submission. The department

30  shall recognize an accrediting agency if the agency's

31  standards meet or exceed the minimum standards set forth in s.

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    Florida Senate - 2003                     CS for CS for SB 194
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 1  402.305 (1)-(11), (13), (15), and (16). The department shall

 2  create and maintain a complete and accurate list of all

 3  recognized accrediting agencies for religious exemption and

 4  specify the agencies' standards.

 5         (4)  This section does not authorize the department to

 6  regulate or control an accrediting agency for religious

 7  exemption or to regulate or control the governance, religious

 8  curriculum, discipline, or hiring practices of any

 9  religious-exempt child care program.

10         (5)  The department shall distribute to each recognized

11  accrediting agency for religious exemption any revision made

12  to the department's minimum standards within 30 days after the

13  revision is adopted. Within 30 days after the receipt of

14  revised minimum standards from the department, each recognized

15  accrediting agency for religious exemption shall notify the

16  department by written statement documenting that they have

17  notified each exempt program of the revised standards. The new

18  standards shall be incorporated during the next revision of

19  the accrediting agency's minimum standards. Each recognized

20  accrediting agency for religious exemption shall maintain and

21  submit to the department an annual report that includes an

22  updated listing of programs that are members or participants

23  of, or accredited by, that agency and submit a written notice

24  of a new program coming into affiliation thereafter, or

25  terminating affiliation, within 30 days after such action. A

26  religious-exempt child care program that transfers its

27  affiliation from one accrediting agency to another must notify

28  the accrediting agency from which it is transferring 30 days

29  in advance of the transfer.

30         (6)  A recognized accrediting agency for religious

31  exemption may not own, operate, or administer a child care

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    Florida Senate - 2003                     CS for CS for SB 194
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 1  program or weekday preschool program under its certificate of

 2  approval. A child care program or weekday preschool program

 3  exempt from ss. 402.301-402.319 under this section is solely

 4  responsible for its day-to-day operations and compliance with

 5  applicable state laws and the minimum standards of its

 6  accrediting agency for religious exemption.

 7         (7)  The department shall facilitate an annual meeting

 8  with the accrediting agencies for religious exemption, health

 9  and safety officials, and other interested child advocates to

10  exchange ideas for ensuring the health and safety of children

11  in child care and preschool programs.

12         Section 5.  The Department of Children and Family

13  Services shall establish by rule a definition for child care

14  which distinguishes between child care programs that require

15  child care licensure and after-school programs that do not

16  require licensure.

17         Section 6.  Effective October 1, 2003, all powers,

18  duties, functions, rules, records, personnel, property, and

19  unexpended balances of appropriations, allocations, and other

20  funds of the Department of Children and Family Services which

21  relate to the Child Care Program administered under sections

22  402.301-402.319, Florida Statutes, are transferred by a type

23  two transfer, as defined in section 20.06(2), Florida

24  Statutes, from the Department of Children and Family Services

25  to the Department of Health.

26         Section 7.  Except as otherwise expressly provided in

27  this act, this act shall take effect July 1, 2003.

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    Florida Senate - 2003                     CS for CS for SB 194
    310-2231-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 194

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 4  The committee substitute provides for the transfer of the
    Child Care Program to the Department of Health on October 1,
 5  2003, rather than July 1, 2003; clarifies that rules of the
    Department of Children and Family Services implementing the
 6  Child Care Program are included within the transfer; and
    specifies the provisions of law relating to the Child Care
 7  Program, to which the transfer applies.

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