HB 0819 2004
1	A bill to be entitled
2	An act relating to child care facilities; amending s.
3	402.3055, F.S.; requiring an applicant, owner, or operator
4	of a child care facility to sign an affidavit attesting to
5	the accuracy of certain information; authorizing the
6	Department of Children and Family Services to apply
7	certain requirements for personnel in child care
8	facilities to personnel in family day care homes and large
9	family child care homes; amending s. 402.308, F.S.;
10	requiring family day care homes that are required to be
11	licensed and large family child care homes to have a
12	license that is renewed annually; authorizing the
13	Department of Children and Family Services to apply the
14	specified procedures for administering a license to family
15	day care homes and large family child care homes; amending
16	s. 402.309, F.S.; authorizing the local licensing agency
17	or the Department of Children and Family Services to issue
18	a provisional license or registration to a child care
19	facility, family day care home, or large family child care
20	home; providing that a provisional license or registration
21	may not be issued unless child care personnel are screened
22	according to law; requiring the department to adopt rules
23	for issuing, suspending, and revoking provisional licenses
24	and registrations; amending s. 402.310, F.S.; providing
25	that an increased administrative fine may be imposed in
26	addition to or in lieu of other disciplinary actions;
27	authorizing the department or local licensing agencies to
28	convert a license or registration to probation status for
29	violation of certain laws and rules; authorizing the
30	department or local licensing agencies to apply
31	disciplinary actions to registered family day care homes;
32	directing the department to adopt rules establishing
33	grounds for imposing disciplinary actions for violations
34	of certain laws and rules; directing the department to
35	adopt rules to create a uniform system of procedures to
36	use for disciplinary actions; creating s. 402.3105, F.S.;
37	requiring the department to establish a database of
38	information concerning violations, citations, and
39	penalties imposed against child care facilities, family
40	day care homes, and large family child care homes licensed
41	by or registered with the department and local licensing
42	agencies; requiring the department to consult with the
43	State Technology Office; specifying database capabilities
44	and the uses of information contained therein; providing
45	that implementation is not contingent upon an
46	appropriation; repealing ss. 402.313(1)(b) and
47	402.3131(1)(a), F.S.; abolishing the authority of the
48	department or local licensing agency to impose an
49	administrative fine for a family care home or a large
50	family child care home; providing an effective date.
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1. Section 402.3055, Florida Statutes, is amended
55	to read:
56	402.3055 Child care personnel requirements.--
57	(1) REQUIREMENTS FOR CHILD CARE PERSONNEL.--
58	(a) The department or local licensing agency shall require
59	that the application for a license to operate a child care
60	facility, family day care home, or large family child care home
61	licensecontain a question that specifically asks the applicant,
62	owner, or operator if he or she has ever had a license denied,
63	revoked, or suspended in any state or jurisdiction or has been
64	the subject of a disciplinary action or been fined while
65	employed in a child care facility, family day care home, or
66	large family child care home. The applicant, owner, or operator
67	shall sign an affidavit attesting attestto the accuracy of the
68	information requested under penalty of perjury.
69	1.If the applicant, owner, or operator admits that he or
70	she has been a party in such action, the department or local
71	licensing agency shall review the nature of the suspension,
72	revocation, disciplinary action, or fine before granting the
73	applicant a license to operate a child care facility, family day
74	care home, or large family child care home.
75	2.If the department or local licensing agency determines
76	as a the result of the suchreview that it is not in the best
77	interest of the state or local jurisdiction for the applicant to
78	be licensed, a license shall not be granted.
79	(b) The employer of a child care facility, family day care
80	home, or large family child care home employershall require
81	that the application for a child care personnel position contain
82	a question that specifically asks the applicant if he or she has
83	ever worked in a facility or homethat has had a license denied,
84	revoked, or suspended in this or any other state or jurisdiction
85	or if the applicanthas been the subject of a disciplinary
86	action or been fined while he or she wasemployed in a child
87	care facility or home. The applicant shall attest to the
88	accuracy of the information requested under penalty of perjury.
89	If the applicant admits that he or she has been a party in such
90	action, the employer shall review the nature of the denial,
91	suspension, revocation, disciplinary action, or fine before the
92	applicant is hired.
93	(2) EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY
94	A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM; HEARINGS
95	PROVIDED.--
96	(a) The department or local licensing agency shall deny,
97	suspend, or revoke a license or pursue other remedies provided
98	in s. 402.310, s. 402.312, or s. 402.319 in addition to or in
99	lieu of denial, suspension, or revocation for failure to comply
100	with this section. The disciplinary actions taken determination
101	to be madeby the department or the local licensing agency and
102	the procedure for hearing for applicants and licensees shall be
103	in accordance with s. 402.310.
104	(b) When the department or the local licensing agency has
105	reasonable cause to believe that grounds for denial or
106	termination of employment exist, it shall notify, in writing,
107	the applicant, licensee, or other child care program and the
108	child care personnel affected, stating the specific grounds
109	indicating record which indicatesnoncompliance with the
110	standards in s. 402.305(2).
111	(c) When the department is the agency initiating the
112	allegations of statement regardingnoncompliance, the procedures
113	established for hearing under chapter 120 shall be available to
114	the applicant, licensee, or other child care program and to the
115	affected child care personnel, in order to present evidence
116	relating either to the accuracy of the basis of exclusion or to
117	the denial of an exemption from disqualification.
118	(d) When a local licensing agency is the agency initiating
119	the allegations of statement regardingnoncompliance of an
120	employee with the standards contained in s. 402.305(2), the
121	employee, applicant, licensee, or other child care program has
122	15 days from receipt of the time ofwritten notification of the
123	agency's finding of noncomplianceto make a written request for
124	a hearing. If a writtenrequest for a hearing is not received in
125	that time, the permanent employee, applicant, licensee, or other
126	child care program is presumed to accept the finding of
127	noncompliance.
128	(e) If a request for a hearing is made to the local
129	licensing agency, a hearing shall be held within 30 days and
130	shall be conducted by an individual designated by the county
131	commission.
132	(f) An employee, applicant, licensee, or other child care
133	program shall have the right to appeal a finding of the local
134	licensing agency to a representative of the department. Any
135	required hearing shall be held in the county in which the
136	permanent employee is employed. The hearing shall be conducted
137	in accordance with the provisions of chapter 120.
138	(g) Refusal on the part of an applicant or licensee to
139	dismiss child care personnel who have been found to be in
140	noncompliance with personnel standards of s. 402.305(2) shall
141	result in automatic denial or revocation of the license in
142	addition to any other remedies pursued by the department or
143	local licensing agency.
144	Section 2. Subsections (1) and (3) of section 402.308,
145	Florida Statutes, are amended to read:
146	402.308 Issuance of license.--
147	(1) ANNUAL LICENSING.--Every child care facility, family
148	day care home requiring licensure, or large family child care
149	home in the state shall have a license that whichshall be
150	renewed annually.
151	(3) STATE ADMINISTRATION OF LICENSING.--In any county in
152	which the department has the authority to issue licenses, the
153	following procedures shall be applied:
154	(a) Application for a license or for a renewal of a
155	license to operate a child care facility, family day care home,
156	or large family child care homeshall be made in the manner and
157	on the forms prescribed by the department. The applicant's
158	social security number shall be included on the form submitted
159	to the department. Pursuant to the federal Personal
160	Responsibility and Work Opportunity Reconciliation Act of 1996,
161	each applicant is required to provide his or her social security
162	number in accordance with this section. Disclosure of social
163	security numbers obtained through this requirement shall be
164	limited to the purpose of administration of the Title IV-D
165	program for child support enforcement.
166	(b) Prior to the renewal of a license, the department
167	shall reexamine the child care facility, family day care home,
168	or large family child care home,including in that process the
169	examination of the premises and those records of the facility or
170	homeas required under s. 402.305, to determine that minimum
171	standards for licensing continue to be met.
172	(c) The department shall coordinate all inspections of
173	child care facilities, family day care homes, and large family
174	child care homes. A child care provider facilityis not required
175	to implement a recommendation of one agency which thatis in
176	conflict with a recommendation of another agency if such
177	conflict arises due to uncoordinated inspections. Any conflict
178	in recommendations shall be resolved by the secretary of the
179	department within 15 days after written notice that such
180	conflict exists.
181	(d) The department shall issue or renew a license upon
182	receipt of the license fee and upon being satisfied that all
183	standards required by ss. 402.301-402.319 have been met. A
184	license may be issued if all the screening materials have been
185	timely submitted; however, a license may not be issued or
186	renewed if any of the child care personnel at the applicant
187	facility or homehave failed the screening required by ss.
188	402.305(2) and 402.3055.
189	Section 3. Section 402.309, Florida Statutes, is amended
190	to read:
191	402.309 Provisional license or registration.--
192	(1) The local licensing agency or the department,
193	whichever is authorized to license child care facilities in a
194	county, may issue a provisional license for child care
195	facilities, family day care homes, or large family child care
196	homes, or a provisional registration for family day care homes
197	to applicants for an initial a license or registrationor to
198	licensees or registrants seeking a renewal who are unable to
199	meet conform toall the standards provided for in ss. 402.301-
200	402.319.
201	(2) A No provisional license or registration may notbe
202	issued unless the operator or owner makes adequate provisions
203	for the health and safety of the child. A provisional license
204	may be issued for a child care facilityif all of the screening
205	materials have been timely submitted.; however,A provisional
206	license or registrationmay not be issued unless the child care
207	facility, family day care home, or large family child care home
208	is in compliance with the requirements for screening of child
209	care personnel in ss. 402.305, and 402.3055, 402.313, and
210	402.3131, respectively.
211	(3) The provisional license or registration may not shall
212	in no eventbe issued for a period in excess of 6 months;
213	however, it may be renewed one time for a period not in excess
214	of 6 months under unusual circumstances beyond the control of
215	the applicant.
216	(4) The provisional license or registrationmay be
217	suspended or revoked if periodic inspection or review madeby
218	the local licensing agency or the department indicates that
219	insufficient progress has been made toward compliance.
220	(5) The department shall adopt rules specifying the
221	conditions and procedures under which a provisional license or
222	registration may be issued, suspended, or revoked.
223	Section 4. Section 402.310, Florida Statutes, is amended
224	to read:
225	402.310 Disciplinary actions; hearings upon denial,
226	suspension, or revocation of license or registration;
227	administrative fines.--
228	(1)(a) The department or local licensing agency may
229	administer any of the following disciplinary sanctions for a
230	violation of any provision of ss. 402.301-402.319, or rules
231	adopted thereunder: deny, suspend, or revoke a license or
232	1.Impose an administrative fine not to exceed $100 per
233	violation, per day, for the violation of any provision of ss.
234	402.301-402.319 or rules adopted thereunder. However, if where
235	the violation could or does cause death or serious harm, the
236	department or local licensing agency may impose an
237	administrative fine, not to exceed $500 per violation per day,
238	in addition to or in lieu of any other disciplinary action
239	described in this section.
240	2. Convert a license or registration to probation status
241	and require the licensee or registrant to comply with the terms
242	of probation. A probation-status license or registration may not
243	be issued for a period in excess of 6 months and may not be
244	renewed. A probation-status license or registration may be
245	suspended or revoked if periodic inspection by the department or
246	local licensing agency discloses that the probation-status
247	licensee or registrant is not in compliance with the terms of
248	probation or that the probation-status licensee or registrant is
249	not making sufficient progress towards compliance with the
250	provisions of ss. 402.301-402.319.
251	3. Deny, suspend, or revoke a license or registration.
252	(b) In determining the appropriate disciplinary action to
253	be taken for a violation as provided in paragraph (a), the
254	following factors shall be considered:
255	1. The severity of the violation, including the
256	probability that death or serious harm to the health or safety
257	of any person will result or has resulted, the severity of the
258	actual or potential harm, and the extent to which the provisions
259	of ss. 402.301-402.319 have been violated.
260	2. Actions taken by the licensee or registrantto correct
261	the violation or to remedy complaints.
262	3. Any previous violations of the licensee or registrant.
263	(c) The department shall adopt rules to:
264	1. Establish the grounds under which the department may
265	deny, suspend, or revoke a license or registration or place a
266	licensee or registrant on probation status for violations of ss.
267	402.301-402.319.
268	2. Establish a uniform system of procedures to impose
269	disciplinary sanctions for violations of ss. 402.301-402-319.
270	The uniform system of procedures must provide for the consistent
271	application of disciplinary actions across districts and a
272	progressively increasing level of penalties from predisciplinary
273	actions, such as efforts to assist licensees or registrants to
274	correct the statutory or regulatory violations, to severe
275	disciplinary sanctions for actions that jeopardize the health
276	and safety of children, such as for the deliberate misuse of
277	medications. The department shall implement this subparagraph on
278	January 1, 2005, and the implementation is not contingent upon a
279	specific appropriation.
280	(d) The disciplinary sanctions set forth in this section
281	apply to licensed child care facilities, licensed large family
282	child care homes, and licensed or registered family day care
283	homes.
284	(2) When the department has reasonable cause to believe
285	that grounds existfor the denial, suspension, or revocation of
286	a license or registration; the conversion of a license or
287	registration to probation status; or theimposition of an
288	administrative fine exist, it shall determine the matter in
289	accordance with procedures prescribed in chapter 120. When the
290	local licensing agency has reasonable cause to believe that
291	grounds existfor the denial, suspension, or revocation of a
292	license or registration; the conversion of a license or
293	registration to probation status; or theimposition of an
294	administrative fine exist, it shall notify the applicant,
295	registrant,or licensee in writing, stating the grounds upon
296	which the license or registrationis being denied, suspended, or
297	revoked or an administrative fine is being imposed. If the
298	applicant, registrant,or licensee makes no written request for
299	a hearing to the local licensing agency within 15 days after
300	from receipt of the such notice, the license or registration
301	shall be deemed denied, suspended, or revoked; the license or
302	registration shall be converted to probation status;or an
303	administrative fine shall be imposed.
304	(3) If a request for a hearing is made to the local
305	licensing agency, a hearing shall be held within 30 days and
306	shall be conducted by an individual designated by the county
307	commission.
308	(4) An applicant, registrant,or licensee shall have the
309	right to appeal a decision of the local licensing agency to a
310	representative of the department. Any required hearing shall be
311	held in the county in which the child care facility, family day
312	care home, or large family child care homeis being operated or
313	is to be established. The hearing shall be conducted in
314	accordance with the provisions of chapter 120.
315	Section 5. Section 402.3105, Florida Statutes, is created
316	to read:
317	402.3105 Central database on violations, citations, and
318	penalties imposed against child care facilities, family day care
319	homes, and large family child care homes.--
320	(1) The department, in consultation with the State
321	Technology Office, shall establish and maintain a central
322	database to record and compile all information from the service
323	districts and local licensing agencies concerning violations,
324	citations, and penalties imposed against child care facilities,
325	family day care homes, and large family child care homes
326	regulated by or registered with the department or local
327	licensing agency. The department shall develop the central
328	database pursuant to chapter 282 and shall administer, operate,
329	and maintain the database following the policies and procedures
330	of the State Technology Office.
331	(2) The department shall retain information in the
332	database in order to monitor and evaluate the consistency and
333	effectiveness of the service districts' and local licensing
334	agencies' investigations and the enforcement of compliance with
335	licensing and registration requirements by child care
336	facilities, family day care homes, and large family child care
337	homes. The database must have the capability to produce
338	statistical reports of patterns of violations, citations, and
339	penalties, including the classes and types of violations, and
340	any actions taken to suspend or revoke the license or
341	registration of a child care facility, family day care home, or
342	large family child care home.
343	(3) The central database shall be an informational
344	resource for evaluating child care facilities, family day care
345	homes, and large family child care homes for license or
346	registration renewals but may not be used for employment
347	screening. The database information is open to the public
348	subject to the provisions of chapter 119.
349	(4) The department shall implement this section beginning
350	on July 1, 2004, and the implementation is not contingent upon a
351	specific appropriation.
352	Section 6. Paragraph (b) of subsection (1) of section
353	402.313 and paragraph (a) of subsection (1) of section 402.3131,
354	Florida Statutes, are repealed.
355	Section 7. This act shall take effect July 1, 2004.