Senate Bill sb2446c2
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    Florida Senate - 2003                    CS for CS for SB 2446
    By the Committees on Education; Children and Families; and
    Senator Wasserman Schultz
    304-2514-03
  1                      A bill to be entitled
  2         An act relating to child care; amending s.
  3         402.305, F.S.; revising inservice training
  4         requirements for child care personnel;
  5         requiring training in early literacy and
  6         language development; amending s. 402.312,
  7         F.S.; providing grounds for injunctive relief
  8         against family day care homes or large family
  9         child care homes; providing penalties; amending
10         s. 402.313, F.S.; requiring annual training and
11         an annual health and safety home inspection
12         self-evaluation by family day care home
13         operators; requiring training in early literacy
14         and language development; amending s. 402.3131,
15         F.S.; requiring annual training of operators of
16         large family child care homes; requiring
17         training in early literacy and language
18         development; requiring the Department of
19         Children and Family Services to adopt rules;
20         providing an effective date.
21  
22  Be It Enacted by the Legislature of the State of Florida:
23  
24         Section 1.  Paragraph (d) of subsection (2) of section
25  402.305, Florida Statutes, is amended to read:
26         402.305  Licensing standards; child care facilities.--
27         (2)  PERSONNEL.--Minimum standards for child care
28  personnel shall include minimum requirements as to:
29         (d)  Minimum training requirements for child care
30  personnel.
31  
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    Florida Senate - 2003                    CS for CS for SB 2446
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 1         1.  Such minimum standards for training shall ensure
 2  that all child care personnel take an approved 40-clock-hour
 3  introductory course in child care, which course covers at
 4  least the following topic areas:
 5         a.  State and local rules and regulations which govern
 6  child care.
 7         b.  Health, safety, and nutrition.
 8         c.  Identifying and reporting child abuse and neglect.
 9         d.  Child development, including typical and atypical
10  language, cognitive, motor, social, and self-help skills
11  development.
12         e.  Observation of developmental behaviors, including
13  using a checklist or other similar observation tools and
14  techniques to determine the child's developmental age level.
15         f.  Specialized areas, including computer technology
16  for professional and classroom use and early literacy and
17  language development of children from birth to 5 years of age,
18  as determined by the department, for owner-operators and child
19  care personnel of a child care facility.
20  
21  Within 90 days after employment, child care personnel shall
22  begin training to meet the training requirements. Child care
23  personnel shall successfully complete such training within 1
24  year after the date on which the training began, as evidenced
25  by passage of a competency examination. Successful completion
26  of the 40-clock-hour introductory course shall articulate into
27  community college credit in early childhood education,
28  pursuant to ss. 1007.24 and 1007.25. Exemption from all or a
29  portion of the required training shall be granted to child
30  care personnel based upon educational credentials or passage
31  of competency examinations. Child care personnel possessing a
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    Florida Senate - 2003                    CS for CS for SB 2446
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 1  2-year degree or higher that includes 6 college credit hours
 2  in early childhood development or child growth and
 3  development, or a child development associate credential or an
 4  equivalent state-approved child development associate
 5  credential, or a child development associate waiver
 6  certificate shall be automatically exempted from the training
 7  requirements in sub-subparagraphs b., d., and e.
 8         2.  The introductory course in child care shall stress,
 9  to the extent possible, an interdisciplinary approach to the
10  study of children.
11         3.  On an annual basis in order to further their child
12  care skills and, if appropriate, administrative skills, child
13  care personnel who have fulfilled the requirements for the
14  child care training shall be required to take an additional 1
15  continuing education unit approved 8 clock hours of approved
16  inservice training, or 10 clock hours of an equivalent
17  training, as determined by the department.
18         4.  Child care personnel shall be required to complete
19  0.5 continuing education unit of approved training or 5 clock
20  hours of equivalent training, as determined by the department,
21  in early literacy and language development of children from
22  birth to 5 years of age one time. The year that this training
23  is completed, it shall fulfill the 0.5 continuing education
24  unit or 5 clock hours of the annual training required in
25  subparagraph 3.
26         5.4.  Procedures for ensuring the training of qualified
27  child care professionals to provide training of child care
28  personnel, including onsite training, shall be included in the
29  minimum standards. It is recommended that the state community
30  child care coordination agencies (central agencies) be
31  contracted by the department to coordinate such training when
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    Florida Senate - 2003                    CS for CS for SB 2446
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 1  possible. Other district educational resources, such as
 2  community colleges and vocational-technical programs, can be
 3  designated in such areas where central agencies may not exist
 4  or are determined not to have the capability to meet the
 5  coordination requirements set forth by the department.
 6         6.5.  Training requirements shall not apply to certain
 7  occasional or part-time support staff, including, but not
 8  limited to, swimming instructors, piano teachers, dance
 9  instructors, and gymnastics instructors.
10         7.6.  The department shall evaluate or contract for an
11  evaluation for the general purpose of determining the status
12  of and means to improve staff training requirements and
13  testing procedures. The evaluation shall be conducted every 2
14  years. The evaluation shall include, but not be limited to,
15  determining the availability, quality, scope, and sources of
16  current staff training; determining the need for specialty
17  training; and determining ways to increase inservice training
18  and ways to increase the accessibility, quality, and
19  cost-effectiveness of current and proposed staff training. The
20  evaluation methodology shall include a reliable and valid
21  survey of child care personnel.
22         8.7.  The child care operator shall be required to take
23  basic training in serving children with disabilities within 5
24  years after employment, either as a part of the introductory
25  training or the annual 8 hours of inservice training.
26         Section 2.  Section 402.312, Florida Statutes, is
27  amended to read:
28         402.312  License required; injunctive relief.--
29         (1)  The operation of a child care facility without a
30  license, a family day care home without a license or
31  registration, or a large family child care home without a
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 1  license is prohibited.  If the department or the local
 2  licensing agency discovers that a child care facility is being
 3  operated without a license, a family day care home is being
 4  operated without a license or registration, or a large family
 5  child care home is being operated without a license, the
 6  department or local licensing agency is authorized to seek an
 7  injunction in the circuit court where the facility is located
 8  to enjoin continued operation of such facility, family day
 9  care home, or large family child care home. When the court is
10  closed for the transaction of judicial business, the
11  department or local licensing agency is authorized to seek an
12  emergency injunction to enjoin continued operation of such
13  unlicensed facility, unregistered or unlicensed family day
14  care home, or unlicensed large family child care home, which
15  injunction shall be continued, modified, or revoked on the
16  next day of judicial business.
17         (2)  Other grounds for seeking an injunction to close a
18  child care facility, family day care home, or a large family
19  child care home are that:
20         (a)  There is any violation of the standards applied
21  under ss. 402.301-402.319 which threatens harm to any child in
22  the child care facility, a family day care home, or large
23  family child care home.
24         (b)  A licensee or registrant has repeatedly violated
25  the standards provided for under ss. 402.301-402.319.
26         (c)  A child care facility, family day care home, or
27  large family child care home continues to have children in
28  attendance after the closing date established by the
29  department or the local licensing agency.
30         (3)  The department or local licensing agency may
31  impose an administrative fine on any child care facility,
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 1  family day care home, or large family child care home
 2  operating without a license or registration, consistent with
 3  the provisions of s. 402.310.
 4         Section 3.  Paragraph (a) of subsection (1) of section
 5  402.313, Florida Statutes, is amended, subsections (5) through
 6  (10) are renumbered as subsections (8) through (13),
 7  respectively, and new subsections (5), (6), and (7) are added
 8  to that section, 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 - 2003                    CS for CS for SB 2446
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 1         6.  Proof of successful completion of the 30-hour
 2  training course, as evidenced by passage of a competency
 3  examination, which shall include:
 4         a.  State and local rules and regulations that govern
 5  child care.
 6         b.  Health, safety, and nutrition.
 7         c.  Identifying and reporting child abuse and neglect.
 8         d.  Child development, including typical and atypical
 9  language development; and cognitive, motor, social, and
10  self-help skills development.
11         e.  Observation of developmental behaviors, including
12  using a checklist or other similar observation tools and
13  techniques to determine a child's developmental level.
14         f.  Specialized areas, including early literacy and
15  language development of children from birth to 5 years of age,
16  as determined by the department, for owner-operators of family
17  day care homes.
18         7.  Proof that immunization records are kept current.
19         8.  Proof of completion of the required continuing
20  education units or clock hours.
21         (5)  In order to further develop their child care
22  skills and, if appropriate, their administrative skills,
23  operators of family day care homes shall be required to
24  complete an additional 1 continuing education unit of approved
25  training or 10 clock hours of equivalent training, as
26  determined by the department, annually.
27         (6)  Operators of family day care homes shall be
28  required to complete 0.5 continuing education unit of approved
29  training in early literacy and language development of
30  children from birth to 5 years of age one time. The year that
31  this training is completed, it shall fulfill the 0.5
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    Florida Senate - 2003                    CS for CS for SB 2446
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 1  continuing education unit or 5 clock hours of the annual
 2  training required in subsection (5).
 3         (7)  Operators of family day care homes shall be
 4  required annually to complete a health and safety home
 5  inspection self-evaluation checklist developed by the
 6  department in conjunction with the statewide resource and
 7  referral program. The completed checklist shall be signed by
 8  the operator of the family day care home and provided to
 9  parents as certification that basic health and safety
10  standards are being met.
11         Section 4.  Subsections (4) through (6) of section
12  402.3131, Florida Statutes, are renumbered as subsections (6)
13  through (8), respectively, and new subsections (4) and (5) are
14  added to that section to read:
15         402.3131  Large family child care homes.--
16         (4)  In order to further develop their child care
17  skills and, if appropriate, their administrative skills,
18  operators of large family child care homes who have completed
19  the required introductory course shall be required to complete
20  an additional 1 continuing education unit of approved training
21  or 10 clock hours of equivalent training, as determined by the
22  department, annually.
23         (5)  Operators of large family child care homes shall
24  be required to complete 0.5 continuing education unit of
25  approved training or 5 clock hours of equivalent training, as
26  determined by the department, in early literacy and language
27  development of children from birth to 5 years of age one time.
28  The year that this training is completed, it shall fulfill the
29  0.5 continuing education unit or 5 clock hours of the annual
30  training required in subsection (4).
31  
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    Florida Senate - 2003                    CS for CS for SB 2446
    304-2514-03
 1         Section 5.  The Department of Children and Family
 2  Services shall adopt by rule a definition for child care which
 3  distinguishes between child care programs that require child
 4  care licensure and after-school programs that do not require
 5  licensure.
 6         Section 6.  This act shall take effect July 1, 2003.
 7  
 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                       CS/Senate Bill 2446
10                                 
11  The committee substitute makes a technical change and requires
    the Department of Children and Family Services to establish by
12  rule a definition for child care which distinguishes between
    child care programs that require child care licensure and
13  after-school programs that do not require licensure.
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