Senate Bill sb0496

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    Florida Senate - 2004                                   SB 496

    By Senator Lynn





    7-67C-04

  1                      A bill to be entitled

  2         An act relating to family child care homes;

  3         amending ss. 125.0109 and 166.0445, F.S.;

  4         redesignating family day care homes as family

  5         child care homes; deleting provisions relating

  6         to the regulation of registered family child

  7         care homes under local zoning regulations;

  8         conforming provisions to the licensure statute;

  9         amending s. 402.27, F.S.; requiring licensed

10         family child care homes and large family child

11         care homes to provide specified information to

12         resource and referral agencies; amending

13         402.302, F.S.; defining the term "family child

14         care homes"; amending s. 402.3051, F.S.;

15         deleting references to registered family child

16         care homes; conforming provisions to the

17         licensure statute; amending s. 403.306, F.S.;

18         requiring the department and local licensing

19         agencies to provide information on large family

20         child care homes; deleting reference to

21         registered family care homes; conforming

22         provisions to the licensure statute; amending

23         s. 402.313, F.S.; requiring all family child

24         care homes to be licensed; deleting provisions

25         relating to registration of family child care

26         homes; deleting provisions relating to

27         voluntary licensing of family child care homes;

28         requiring registered family child care homes to

29         obtain a license by a specified date; requiring

30         the Department of Children and Family Services

31         to adopt rules for minimum licensing standards;

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 1         amending ss. 409.1671 and 627.70161, F.S.;

 2         deleting provisions relating to registered

 3         family child care homes; conforming section to

 4         licensure statute; reenacting s. 400.953(3),

 5         F.S., relating to proof of compliance with

 6         background screening requirements, to

 7         incorporate the amendment to s.  402.313, F.S.,

 8         in references thereto; providing that the act

 9         will not take effect unless a specified number

10         of positions are funded for licensing family

11         child care homes; providing an effective date.

12  

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

14  

15         Section 1.  Section 125.0109, Florida Statutes, is

16  amended to read:

17         125.0109  Family child day care homes; local zoning

18  regulation.--The operation of a residence as a family child

19  day care home, as defined by law, registered or licensed with

20  the Department of Children and Family Services constitutes

21  shall constitute a valid residential use for purposes of any

22  local zoning regulations, and the no such regulation may not

23  shall require the owner or operator of such family child day

24  care home to obtain any special exemption or use permit or

25  waiver, or to pay any special fee in excess of $50, to operate

26  in an area zoned for residential use.

27         Section 2.  Section 166.0445, Florida Statutes, is

28  amended to read:

29         166.0445  Family child day care homes; local zoning

30  regulation.--The operation of a residence as a family child

31  day care home, as defined by law, registered or licensed with

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 1  the Department of Children and Family Services constitutes

 2  shall constitute a valid residential use for purposes of any

 3  local zoning regulations, and the no such regulation may not

 4  shall require the owner or operator of such family child day

 5  care home to obtain any special exemption or use permit or

 6  waiver, or to pay any special fee in excess of $50, to operate

 7  in an area zoned for residential use.

 8         Section 3.  Subsection (10) of section 402.27, Florida

 9  Statutes, is amended to read:

10         402.27  Child care and early childhood resource and

11  referral.--The Department of Children and Family Services

12  shall establish a statewide child care resource and referral

13  network. Preference shall be given to using the already

14  established central agencies for subsidized child care as the

15  child care resource and referral agency.  If the agency cannot

16  comply with the requirements to offer the resource information

17  component or does not want to offer that service, the

18  Department of Children and Family Services shall select the

19  resource information agency based upon a request for proposal.

20  At least one child care resource and referral agency must be

21  established in each district of the department, but no more

22  than one may be established in any county.  Child care

23  resource and referral agencies shall provide the following

24  services:

25         (10)  A child care facility licensed under s. 402.305

26  and a licensed and registered family child day care home or

27  large family child care home licensed under s. 402.313 or s.

28  402.3131, respectively, homes must provide the statewide child

29  care and resource and referral agencies with the following

30  information annually:

31         (a)  Type of program.

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 1         (b)  Hours of service.

 2         (c)  Ages of children served.

 3         (d)  Fees and eligibility for services.

 4         Section 4.  Subsections (3) and (7) of section 402.302,

 5  Florida Statutes, are amended to read:

 6         402.302  Definitions.--

 7         (3)  "Child care personnel" means all owners,

 8  operators, employees, and volunteers working in a child care

 9  facility. The term does not include persons who work in a

10  child care facility after hours when children are not present

11  or parents of children in Head Start.  For purposes of

12  screening, the term includes any member, over the age of 12

13  years, of a child care facility operator's family, or person,

14  over the age of 12 years, residing with a child care facility

15  operator if the child care facility is located in or adjacent

16  to the home of the operator or if the family member of, or

17  person residing with, the child care facility operator has any

18  direct contact with the children in the facility during its

19  hours of operation. Members of the operator's family or

20  persons residing with the operator who are between the ages of

21  12 years and 18 years shall not be required to be

22  fingerprinted but shall be screened for delinquency records.

23  For purposes of screening, the term shall also include persons

24  who work in child care programs that which provide care for

25  children 15 hours or more each week in public or nonpublic

26  schools, summer day camps, family child day care homes, or

27  those programs otherwise exempted under s. 402.316.  The term

28  does not include public or nonpublic school personnel who are

29  providing care during regular school hours, or after hours for

30  activities related to a school's program for grades

31  kindergarten through 12. A volunteer who assists on an

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 1  intermittent basis for less than 40 hours per month is not

 2  included in the term "personnel" for the purposes of screening

 3  and training, provided that the volunteer is under direct and

 4  constant supervision by persons who meet the personnel

 5  requirements of s. 402.305(2).  Students who observe and

 6  participate in a child care facility as a part of their

 7  required coursework shall not be considered child care

 8  personnel, provided the such observation and participation are

 9  on an intermittent basis and the students are under direct and

10  constant supervision of child care personnel.

11         (7)  "Family day care home" or "family child care home"

12  means an occupied residence in which child care is regularly

13  provided for children from at least two unrelated families and

14  which receives a payment, fee, or grant for any of the

15  children receiving care, whether or not operated for profit. A

16  family child day care home shall be allowed to provide care

17  for one of the following groups of children, which shall

18  include those children under 13 years of age who are related

19  to the caregiver:

20         (a)  A maximum of four children from birth to 12 months

21  of age.

22         (b)  A maximum of three children from birth to 12

23  months of age, and other children, for a maximum total of six

24  children.

25         (c)  A maximum of six preschool children if all are

26  older than 12 months of age.

27         (d)  A maximum of 10 children if no more than 5 are

28  preschool age and, of those 5, no more than 2 are under 12

29  months of age.

30  

31  

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 1         Section 5.  Paragraph (b) of subsection (1) and

 2  subsection (2) of section 402.3051, Florida Statutes, are

 3  amended to read:

 4         402.3051  Child care market rate reimbursement; child

 5  care grants.--

 6         (1)  As used in this section, the term:

 7         (b)  "Market rate" means the price that a child care

 8  provider charges for daily, weekly, or monthly child care

 9  services.  Market rate shall:

10         1.  Be established for licensed child care facilities

11  or facilities that are not subject to s. 402.305, licensed or

12  registered family child day care homes, licensed before-school

13  and after-school child care programs, and unregulated care

14  provided by a relative or other caretaker.

15         2.  Differentiate among child care for children with

16  special needs or risk categories, infants, toddlers, and

17  preschool and school-age children.

18         3.  Differentiate between full-time and part-time care.

19         4.  Consider reductions in the cost of care for

20  additional children in the same family.

21         (2)  The department shall establish procedures to

22  reimburse licensed or, exempt, or registered child care

23  providers who hold a Gold Seal Quality Care designation at the

24  market rate for child care services for children who are

25  eligible to receive subsidized child care; and licensed or,

26  exempt, or registered child care providers at the prevailing

27  market rate for child care services for children who are

28  eligible to receive subsidized child care, unless prohibited

29  by federal law under s. 402.3015. The department shall

30  establish procedures to reimburse providers of unregulated

31  child care at not more than 50 percent of the market rate. The

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 1  payment system may not interfere with the parents' decision as

 2  to the appropriate child care arrangement, regardless of the

 3  level of available funding for child care. The child care

 4  program assessment tool may not be used to determine

 5  reimbursement rates.

 6         Section 6.  Subsection (3) of section 402.306, Florida

 7  Statutes, is amended to read:

 8         402.306  Designation of licensing agency; dissemination

 9  by the department and local licensing agency of information on

10  child care.--

11         (3)  The department and local licensing agencies, or

12  their the designees thereof, shall coordinate and disseminate

13  be responsible for coordination and dissemination of

14  information on child care to the community. and shall make

15  available Upon request, the department and each local

16  licensing agency must make available to the public all

17  licensing standards and procedures, in addition to the names

18  and addresses of licensed child care facilities and, where

19  applicable pursuant to ss. s. 402.313 and 402.3131, licensed

20  or registered family child day care homes and large family

21  child care homes.

22         Section 7.  Section 402.313, Florida Statutes, is

23  amended to read:

24         402.313  Family child day care homes.--

25         (1)  Family child day care homes shall be licensed

26  under this section. act if they are presently being licensed

27  under an existing county licensing ordinance, if they are

28  participating in the subsidized child care program, or if the

29  board of county commissioners passes a resolution that family

30  day care homes be licensed.  If no county authority exists for

31  the licensing of a family day care home, the department shall

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 1  have the authority to license family day care homes under

 2  contract for the purchase-of-service system in the subsidized

 3  child care program.

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

 5  shall register annually with the department, providing the

 6  following information:

 7         1.  The name and address of the home.

 8         2.  The name of the operator.

 9         3.  The number of children served.

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

11  other competent adult to be available to substitute for the

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

13  address, and telephone number of the designated substitute.

14         5.  Proof of screening and background checks.

15         6.  Proof of successful completion of the 30-hour

16  training course, as evidenced by passage of a competency

17  examination, which shall include:

18         a.  State and local rules and regulations that govern

19  child care.

20         b.  Health, safety, and nutrition.

21         c.  Identifying and reporting child abuse and neglect.

22         d.  Child development, including typical and atypical

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

24  self-help skills development.

25         e.  Observation of developmental behaviors, including

26  using a checklist or other similar observation tools and

27  techniques to determine a child's developmental level.

28         f.  Specialized areas, including early literacy and

29  language development of children from birth to 5 years of age,

30  as determined by the department, for owner-operators of family

31  day care homes.

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 1         7.  Proof that immunization records are kept current.

 2         8.  Proof of completion of the required continuing

 3  education units or clock hours.

 4         (a)(b)  The department or local licensing agency may

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

 6  to comply with licensure or registration requirements.

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

 8  subsidized child care program may volunteer to be licensed

 9  under the provisions of this act.

10         (b)(d)  The department may provide technical assistance

11  to counties and family child day care home providers to enable

12  counties and family child day care providers to achieve

13  compliance with family child day care homes standards.

14         (2)  This Information shall be included in a directory

15  to be published annually by the department to inform the

16  public of available child care facilities.

17         (3)  Child care personnel in family child day care

18  homes shall be subject to the applicable screening provisions

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

20  screening in family child day care homes, the term includes

21  any member over the age of 12 years of a family child day

22  care home operator's family, or persons over the age of 12

23  years residing with the operator in the family child day care

24  home. Members of the operator's family, or persons residing

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

26  years shall not be required to be fingerprinted, but shall be

27  screened for delinquency records.

28         (4)  Operators of family child day care homes must

29  successfully complete an approved 30-clock-hour introductory

30  course in child care, as evidenced by passage of a competency

31  examination, before caring for children.

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 1         (5)  In order to further develop their child care

 2  skills and, if appropriate, their administrative skills,

 3  operators of family child day care homes shall be required to

 4  complete an additional 1 continuing education unit of approved

 5  training or 10 clock hours of equivalent training, as

 6  determined by the department, annually.

 7         (6)  Operators of family child day care homes shall be

 8  required to complete 0.5 continuing education unit of approved

 9  training in early literacy and language development of

10  children from birth to 5 years of age one time. The year that

11  this training is completed, it shall fulfill the 0.5

12  continuing education unit or 5 clock hours of the annual

13  training required in subsection (5).

14         (7)  Operators of family child day care homes shall be

15  required annually to complete a health and safety home

16  inspection self-evaluation checklist developed by the

17  department in conjunction with the statewide resource and

18  referral program. The completed checklist shall be signed by

19  the operator of the family child day care home and provided to

20  parents as certification that basic health and safety

21  standards are being met.

22         (8)  Family child day care home operators may avail

23  themselves of supportive services offered by the department.

24         (9)  The department shall prepare a brochure on family

25  child day care for distribution by the department and by local

26  licensing agencies, if appropriate, to family child day care

27  homes for distribution to parents utilizing such child care,

28  and to all interested persons, including physicians and other

29  health professionals; mental health professionals; school

30  teachers or other school personnel; social workers or other

31  professional child care, foster care, residential, or

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 1  institutional workers; and law enforcement officers. The

 2  brochure shall, at a minimum, contain the following

 3  information:

 4         (a)  A brief description of the requirements for family

 5  child day care licensure registration, training, and

 6  fingerprinting and screening.

 7         (b)  A listing of those counties that license require

 8  licensure of family child day care homes. Such counties shall

 9  provide an addendum to the brochure that provides a brief

10  description of the licensure requirements or may provide a

11  brochure in lieu of the one described in this subsection,

12  provided it contains all the required information on licensure

13  and the required information in the subsequent paragraphs.

14         (c)  A statement indicating that information about the

15  family child day care home's compliance with applicable state

16  or local requirements can be obtained by telephoning the

17  department office or the office of the local licensing agency,

18  if appropriate, at a telephone number or numbers which shall

19  be affixed to the brochure.

20         (d)  The statewide toll-free telephone number of the

21  central abuse hotline, together with a notice that reports of

22  suspected and actual child physical abuse, sexual abuse, and

23  neglect are received and referred for investigation by the

24  hotline.

25         (e)  Any other information relating to competent child

26  care that the department or local licensing agency, if

27  preparing a separate brochure, deems would be helpful to

28  parents and other caretakers in their selection of a family

29  child day care home.

30         (10)  On an annual basis, the department shall evaluate

31  the registration and licensure system for family child day

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 1  care homes. Such evaluation shall, at a minimum, address the

 2  following:

 3         (a)  The number of family child day care homes

 4  registered and licensed and the dates of such registration and

 5  licensure.

 6         (b)  The number of children being served in both

 7  registered and licensed family child day care homes and any

 8  available slots in such homes.

 9         (c)  The number of complaints received concerning

10  family child day care, the nature of the complaints, and the

11  resolution of such complaints.

12         (d)  The training activities used utilized by child

13  care personnel in family child day care homes for meeting the

14  state or local training requirements.

15  

16  The evaluation shall be used utilized by the department in any

17  administrative modifications or adjustments to be made in the

18  licensure registration of family child day care homes or in

19  any legislative requests for modifications to the system of

20  licensure registration or to other requirements for family

21  child day care homes.

22         (11)  In order to inform the public of the state

23  requirement for licensure registration of family child day

24  care homes as well as the other requirements for such homes to

25  legally operate in the state, the department shall institute a

26  media campaign to accomplish this end.  Such a campaign shall

27  include, at a minimum, flyers, newspaper advertisements, radio

28  advertisements, and television advertisements.

29         (12)  Notwithstanding any other state or local law or

30  ordinance, any family child day care home licensed pursuant to

31  this chapter or pursuant to a county ordinance shall be

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 1  charged the utility rates accorded to a residential home. A

 2  licensed family child day care home may not be charged

 3  commercial utility rates.

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

 5  licensing standards for family child day care homes that are

 6  required to be licensed by county licensing ordinance or

 7  county licensing resolution or that voluntarily choose to be

 8  licensed. The standards should include requirements for

 9  staffing, training, maintenance of immunization records,

10  minimum health and safety standards, reduced standards for the

11  regulation of child care during evening hours by

12  municipalities and counties, and enforcement of standards.

13         Section 8.  Each family child care home that is

14  registered with the Department of Children and Family Services

15  on June 30, 2004, must obtain a license from the department as

16  required under section 402.313, Florida Statutes, by July 1,

17  2005.

18         Section 9.  Paragraph (b) of subsection (5) of section

19  409.1671, Florida Statutes, is amended to read:

20         409.1671  Foster care and related services;

21  privatization.--

22         (5)

23         (b)  Substitute care providers who are licensed under

24  s. 409.175 and have contracted with a lead agency authorized

25  under this section shall also be authorized to provide

26  registered or licensed family child day care homes under s.

27  402.313, if consistent with federal law and if the home has

28  met the requirements of s. 402.313.

29         Section 10.  Section 627.70161, Florida Statutes, is

30  amended to read:

31         627.70161  Family child day care home insurance.--

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 1         (1)  PURPOSE AND INTENT.--The Legislature recognizes

 2  that family child day care homes fulfill a vital role in

 3  providing child care in Florida. It is the intent of the

 4  Legislature that residential property insurance coverage

 5  should not be canceled, denied, or nonrenewed solely on the

 6  basis of the family child day care services at the residence.

 7  The Legislature also recognizes that the potential liability

 8  of residential property insurers is substantially increased by

 9  the rendition of child care services on the premises. The

10  Legislature therefore finds that there is a public need to

11  specify that contractual liabilities that arise in connection

12  with the operation of the family child day care home are

13  excluded from residential property insurance policies unless

14  they are specifically included in such coverage.

15         (2)  DEFINITIONS.--As used in this section, the term:

16         (a)  "Child care" means the care, protection, and

17  supervision of a child, for a period of less than 24 hours a

18  day on a regular basis, which supplements parental care,

19  enrichment, and health supervision for the child, in

20  accordance with his or her individual needs, and for which a

21  payment, fee, or grant is made for care.

22         (b)  "Family child day care home" means an occupied

23  residence in which child care is regularly provided for

24  children from at least two unrelated families and which

25  receives a payment, fee, or grant for any of the children

26  receiving care, whether or not operated for a profit.

27         (3)  FAMILY CHILD DAY CARE; COVERAGE.--A residential

28  property insurance policy shall not provide coverage for

29  liability for claims arising out of, or in connection with,

30  the operation of a family child day care home, and the insurer

31  

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 1  shall be under no obligation to defend against lawsuits

 2  covering such claims, unless:

 3         (a)  Specifically covered in a policy; or

 4         (b)  Covered by a rider or endorsement for business

 5  coverage attached to a policy.

 6         (4)  DENIAL, CANCELLATION, REFUSAL TO RENEW

 7  PROHIBITED.--An insurer may not deny, cancel, or refuse to

 8  renew a policy for residential property insurance solely on

 9  the basis that the policyholder or applicant operates a family

10  child day care home. In addition to other lawful reasons for

11  refusing to insure, an insurer may deny, cancel, or refuse to

12  renew a policy of a family child day care home provider if one

13  or more of the following conditions occur:

14         (a)  The policyholder or applicant provides care for

15  more children than authorized for family child day care homes

16  by s. 402.302;

17         (b)  The policyholder or applicant fails to maintain a

18  separate commercial liability policy or an endorsement

19  providing liability coverage for the family child day care

20  home operations;

21         (c)  The policyholder or applicant fails to comply with

22  the family child day care home licensure and registration

23  requirements specified in s. 402.313; or

24         (d)  Discovery of willful or grossly negligent acts or

25  omissions or any violations of state laws or regulations

26  establishing safety standards for family child day care homes

27  by the named insured or his or her representative which

28  materially increase any of the risks insured.

29         Section 11.  For the purpose of incorporating the

30  amendment made by this act to section 402.313, Florida

31  

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 1  Statutes, in references thereto, subsection (3) of section

 2  400.953, Florida Statutes, is reenacted to read:

 3         400.953  Background screening of home medical equipment

 4  provider personnel.--The agency shall require employment

 5  screening as provided in chapter 435, using the level 1

 6  standards for screening set forth in that chapter, for home

 7  medical equipment provider personnel.

 8         (3)  Proof of compliance with the screening

 9  requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.

10  397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s.

11  985.407 or this part must be accepted in lieu of the

12  requirements of this section if the person has been

13  continuously employed in the same type of occupation for which

14  he or she is seeking employment without a breach in service

15  that exceeds 180 days, the proof of compliance is not more

16  than 2 years old, and the person has been screened by the

17  Department of Law Enforcement. An employer or contractor shall

18  directly provide proof of compliance to another employer or

19  contractor, and a potential employer or contractor may not

20  accept any proof of compliance directly from the person

21  requiring screening. Proof of compliance with the screening

22  requirements of this section shall be provided, upon request,

23  to the person screened by the home medical equipment provider.

24         Section 12.  This act shall not take effect unless

25  sufficient funds are allocated in a specific appropriation or

26  in the General Appropriations Act for the 2004-2005 fiscal

27  year to fund 30 additional positions for licensing family

28  child care homes.

29         Section 13.  This act shall take effect July 1, 2004.

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Redesignates family day care homes as family child care
      homes. Deletes provisions relating to the regulation of
 4    registered family child care homes by local zoning
      regulations. Provides a definition for the term "family
 5    child care homes." Requires licensed family child care
      homes and large family child care homes to provide
 6    specified information. Deletes references to registered
      family child care homes to conform provisions to changes
 7    made by the act. Requires all family child care homes to
      be licensed. Deletes provisions relating to voluntary
 8    licensing of family child care homes. Requires family
      child care homes registered under the former statute to
 9    be licensed by July 1, 2005. Requires the Department of
      Children and Family Services to adopt rules for minimum
10    licensing standards. (See bill for details.)

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CODING: Words stricken are deletions; words underlined are additions.