HB 1199

1	A bill to be entitled
2	An act relating to child care health and safety; amending
3	s. 402.302, F.S.; authorizing the screening of child care
4	volunteers; amending s. 402.310, F.S.; providing for the
5	registration of a family day care home to be suspended or
6	revoked; providing that a consistent administrative fine
7	may be imposed for all provider types, in addition to or
8	in lieu of other disciplinary actions; amending ss.
9	402.313 and 402.3131, F.S.; removing conflicting language
10	relating to an administrative fine; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsection (13) of section 402.302, Florida
16	Statutes, is amended to read:
17	402.302  Definitions.--
18	(13)  "Screening" means the act of assessing the background
19	of child care personnel and volunteers and includes, but is not
20	limited to, employment history checks, local criminal records
21	checks through local law enforcement agencies, fingerprinting
22	for all purposes and checks in this subsection, statewide
23	criminal records checks through the Department of Law
24	Enforcement, and federal criminal records checks through the
25	Federal Bureau of Investigation; except that screening for
26	volunteers included under the definition of personnel includes
27	only local criminal records checks through local law enforcement
28	agencies for current residence and residence immediately prior
29	to employment as a volunteer, if different, and statewide
30	criminal records correspondence checks through the Department of
31	Law Enforcement.
32	Section 2.  Section 402.310, Florida Statutes, is amended
33	to read:
34	402.310  Disciplinary actions; hearings upon denial,
35	suspension, or revocation of license or registration;
36	administrative fines.--
37	(1)(a)  The department or local licensing agency may
38	administer any of the following disciplinary actions for the
39	violation of any provision of ss. 402.301-402.319 or rules
40	adopted thereunder: deny, suspend, or revoke a license or
41	1.  Impose an administrative fine not to exceed $100 per
42	violation, per day, for the violation of any provision of ss.
43	402.301-402.319 or rules adopted thereunder. However, if where
44	the violation could or does cause death or serious harm, the
45	department or local licensing agency may impose an
46	administrative fine, not to exceed $500 per violation per day,
47	in addition to or in lieu of any other disciplinary action
48	imposed pursuant to this section.
49	2.  Deny, suspend, or revoke a license or registration.
50	(b)  In determining the appropriate disciplinary action to
51	be taken for a violation as provided in paragraph (a), the
52	following factors shall be considered:
53	1.  The severity of the violation, including the
54	probability that death or serious harm to the health or safety
55	of any person will result or has resulted, the severity of the
56	actual or potential harm, and the extent to which the provisions
57	of ss. 402.301-402.319 have been violated.
58	2.  Actions taken by the licensee or registrant to correct
59	the violation or to remedy complaints.
60	3.  Any previous violations of the licensee or registrant.
61	(2)  When the department has reasonable cause to believe
62	that grounds exist for the denial, suspension, or revocation of
63	a license or registration or the imposition of an administrative
64	fine exist, it shall determine the matter in accordance with
65	procedures prescribed in chapter 120. When the local licensing
66	agency has reasonable cause to believe that grounds exist for
67	the denial, suspension, or revocation of a license or
68	registration or imposition of an administrative fine exist, it
69	shall notify the applicant, registrant, or licensee in writing,
70	stating the grounds upon which the license or registration is
71	being denied, suspended, or revoked or an administrative fine is
72	being imposed. If the applicant, registrant, or licensee makes
73	no written request for a hearing to the local licensing agency
74	within 15 days from receipt of such notice, the license or
75	registration shall be deemed denied, suspended, or revoked or an
76	administrative fine shall be imposed.
77	(3)  If a request for a hearing is made to the local
78	licensing agency, a hearing shall be held within 30 days and
79	shall be conducted by an individual designated by the county
80	commission.
81	(4)  An applicant, registrant, or licensee shall have the
82	right to appeal a decision of the local licensing agency to a
83	representative of the department. Any required hearing shall be
84	held in the county in which the child care facility, family day
85	care home, or large family child care home is being operated or
86	is to be established. The hearing shall be conducted in
87	accordance with the provisions of chapter 120.
88	Section 3.  Paragraphs (b), (c), and (d) of subsection (1)
89	and subsection (13) of section 402.313, Florida Statutes, are
90	amended to read:
91	402.313  Family day care homes.--
92	(1)  Family day care homes shall be licensed under this act
93	if they are presently being licensed under an existing county
94	licensing ordinance, if they are participating in the subsidized
95	child care program, or if the board of county commissioners
96	passes a resolution that family day care homes be licensed. If
97	no county authority exists for the licensing of a family day
98	care home, the department shall have the authority to license
99	family day care homes under contract for the purchase-of-service
100	system in the subsidized child care program.
101	(b)  The department or local licensing agency may impose an
102	administrative fine, not to exceed $100, for failure to comply
103	with licensure or registration requirements.
104	(b)(c)  A family day care home not participating in the
105	subsidized child care program may volunteer to be licensed under
106	the provisions of this act.
107	(c)(d)  The department may provide technical assistance to
108	counties and family day care home providers to enable counties
109	and family day care providers to achieve compliance with family
110	day care homes standards.
111	(13)  The department shall, by rule, establish minimum
112	standards for family day care homes that are required to be
113	licensed by county licensing ordinance or county licensing
114	resolution or that voluntarily choose to be licensed. The
115	standards should include requirements for staffing, training,
116	maintenance of immunization records, minimum health and safety
117	standards, reduced standards for the regulation of child care
118	during evening hours by municipalities and counties, and
119	enforcement of standards.
120	Section 4.  Subsection (1) of section 402.3131, Florida
121	Statutes, is amended to read:
122	402.3131  Large family child care homes.--
123	(1)  Large family child care homes shall be licensed under
124	this section.
125	(a)  The department or local licensing agency may impose an
126	administrative fine, not to exceed $1,000, for failure to comply
127	with licensure requirements.
128	(a)(b)  A licensed family day care home must first have
129	operated for a minimum of 2 consecutive years, with an operator
130	who has had a child development associate credential or its
131	equivalent for 1 year, before seeking licensure as a large
132	family child care home.
133	(b)(c)  The department may provide technical assistance to
134	counties and family day care home providers to enable the
135	counties and providers to achieve compliance with minimum
136	standards for large family child care homes.
137	Section 5.  This act shall take effect July 1, 2005.

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