HB 1199CS

CHAMBER ACTION



1The Future of Florida's Families Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to child care; transferring, renumbering,
8and amending s. 402.3017, F.S.; revising requirements for
9the Teacher Education and Compensation Helps scholarship
10program; transferring authority for administration and
11rules from the Department of Children and Family Services
12to the Agency for Workforce Innovation; amending s.
13402.302, F.S.; redefining the term "screening";
14authorizing the screening of child care volunteers;
15amending s. 402.3055, F.S.; requiring an applicant, owner,
16or operator of a child care facility to sign an affidavit
17attesting to the accuracy of certain information;
18authorizing the Department of Children and Family Services
19to apply certain requirements for personnel in child care
20facilities to personnel in family day care homes and large
21family child care homes; amending s. 402.308, F.S.;
22requiring family day care homes that are required to be
23licensed and large family child care homes to have a
24license that is renewed annually; authorizing the
25Department of Children and Family Services to apply the
26specified procedures for administering a license to family
27day care homes and large family child care homes; amending
28s. 402.309, F.S.; authorizing the local licensing agency
29or the Department of Children and Family Services to issue
30a provisional license or registration to a child care
31facility, family day care home, or large family child care
32home; providing that a provisional license or registration
33may not be issued unless child care personnel are screened
34according to law; requiring the department to adopt rules
35for issuing, suspending, and revoking provisional licenses
36and registrations; amending s. 402.310, F.S.; providing
37that an increased administrative fine may be imposed in
38addition to or in lieu of other disciplinary actions;
39authorizing the department or local licensing agencies to
40convert a license or registration to probation status for
41a violation of certain laws and rules; authorizing the
42department or local licensing agencies to apply
43disciplinary actions to registered family day care homes;
44directing the department to adopt rules establishing
45grounds for imposing disciplinary actions for violations
46of certain laws and rules; directing the department to
47adopt rules to create a uniform system of procedures to
48use for disciplinary actions; creating s. 402.3105, F.S.;
49requiring the department to establish a database of
50information concerning violations, citations, and
51penalties imposed against child care facilities, family
52day care homes, and large family child care homes licensed
53by or registered with the department and local licensing
54agencies; requiring the department to consult with the
55State Technology Office; specifying database capabilities
56and the uses of information contained therein; providing
57that implementation is not contingent upon an
58appropriation; amending s. 402.313, F.S.; removing
59conflicting provisions regarding an administrative fine;
60requiring the adoption of a rule establishing minimum
61standards for safety; repealing s. 402.3131(1)(a), F.S.,
62relating to the authority of the department or local
63licensing agency to impose an administrative fine against
64a large family child care home; providing an effective
65date.
66
67Be It Enacted by the Legislature of the State of Florida:
68
69     Section 1.  Section 402.3017, Florida Statutes, is
70transferred, renumbered as section 411.0103, Florida Statutes,
71and amended to read:
72     411.0103 402.3017  Teacher Education and Compensation Helps
73(TEACH) scholarship program.--
74     (1)  The Legislature finds that the level of early child
75care teacher education and training is a key predictor for
76determining program quality. The Legislature also finds that low
77wages for child care workers prevent many from obtaining
78increased training and education and contribute to high turnover
79rates. The Legislature therefore intends to help fund a program
80which links teacher training and education to compensation and
81commitment to the field of early childhood education.
82     (2)  The Agency for Workforce Innovation may Department of
83Children and Family Services is authorized to contract for the
84administration of the Teacher Education and Compensation Helps
85(TEACH) scholarship program, which provides educational
86scholarships to caregivers and administrators of early childhood
87programs, family day care homes, and large family child care
88homes.
89     (3)  The Agency for Workforce Innovation may department
90shall adopt rules under ss. 120.536(1) and 120.54 as necessary
91to administer implement this section.
92     (4)  For the 2004-2005 fiscal year only, the Agency for
93Workforce Innovation shall administer this section. This
94subsection expires July 1, 2005.
95     Section 2.  Subsection (13) of section 402.302, Florida
96Statutes, is amended to read:
97     402.302  Definitions.--
98     (13)  "Screening" means the act of assessing the background
99of child care personnel and volunteers and includes, but is not
100limited to, employment history checks, local criminal records
101checks through local law enforcement agencies, fingerprinting
102for all purposes and checks in this subsection, statewide
103criminal records checks through the Department of Law
104Enforcement, and federal criminal records checks through the
105Federal Bureau of Investigation; except that screening for
106volunteers included under the definition of personnel includes
107only local criminal records checks through local law enforcement
108agencies for current residence and residence immediately prior
109to employment as a volunteer, if different, and statewide
110criminal records correspondence checks through the Department of
111Law Enforcement.
112     Section 3.  Section 402.3055, Florida Statutes, is amended
113to read:
114     402.3055  Child care personnel requirements.--
115     (1)  REQUIREMENTS FOR CHILD CARE PERSONNEL.--
116     (a)  The department or local licensing agency shall require
117that the application for a license to operate a child care
118facility, family day care home, or large family child care home
119license contain a question that specifically asks the applicant,
120owner, or operator if he or she has ever had a license denied,
121revoked, or suspended in any state or jurisdiction or has been
122the subject of a disciplinary action or been fined while
123employed in a child care facility, family day care home, or
124large family child care home. The applicant, owner, or operator
125shall sign an affidavit attesting attest to the accuracy of the
126information requested under penalty of perjury.
127     1.  If the applicant, owner, or operator admits that he or
128she has been a party in such action, the department or local
129licensing agency shall review the nature of the suspension,
130revocation, disciplinary action, or fine before granting the
131applicant a license to operate a child care facility, family day
132care home, or large family child care home.
133     2.  If the department or local licensing agency determines
134as a the result of the such review that it is not in the best
135interest of the state or local jurisdiction for the applicant to
136be licensed, a license shall not be granted.
137     (b)  The employer of a child care facility, family day care
138home, or large family child care home employer shall require
139that the application for a child care personnel position contain
140a question that specifically asks the applicant if he or she has
141ever worked in a facility or home that has had a license denied,
142revoked, or suspended in this or any other state or jurisdiction
143or if the applicant has been the subject of a disciplinary
144action or been fined while he or she was employed in a child
145care facility or home. The applicant shall attest to the
146accuracy of the information requested under penalty of perjury.
147If the applicant admits that he or she has been a party in such
148action, the employer shall review the nature of the denial,
149suspension, revocation, disciplinary action, or fine before the
150applicant is hired.
151     (2)  EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY
152A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM; HEARINGS
153PROVIDED.--
154     (a)  The department or local licensing agency shall deny,
155suspend, or revoke a license or pursue other remedies provided
156in s. 402.310, s. 402.312, or s. 402.319 in addition to or in
157lieu of denial, suspension, or revocation for failure to comply
158with this section. The disciplinary actions taken determination
159to be made by the department or the local licensing agency and
160the procedure for hearing for applicants and licensees shall be
161in accordance with s. 402.310.
162     (b)  When the department or the local licensing agency has
163reasonable cause to believe that grounds for denial or
164termination of employment exist, it shall notify, in writing,
165the applicant, licensee, or other child care program and the
166child care personnel affected, stating the specific grounds
167indicating record which indicates noncompliance with the
168standards in s. 402.305(2).
169     (c)  When the department is the agency initiating the
170allegations of statement regarding noncompliance, the procedures
171established for hearing under chapter 120 shall be available to
172the applicant, licensee, or other child care program and to the
173affected child care personnel, in order to present evidence
174relating either to the accuracy of the basis of exclusion or to
175the denial of an exemption from disqualification.
176     (d)  When a local licensing agency is the agency initiating
177the allegations of statement regarding noncompliance of an
178employee with the standards contained in s. 402.305(2), the
179employee, applicant, licensee, or other child care program has
18015 days from receipt of the time of written notification of the
181agency's finding of noncompliance to make a written request for
182a hearing. If a written request for a hearing is not received in
183that time, the permanent employee, applicant, licensee, or other
184child care program is presumed to accept the finding of
185noncompliance.
186     (e)  If a request for a hearing is made to the local
187licensing agency, a hearing shall be held within 30 days and
188shall be conducted by an individual designated by the county
189commission.
190     (f)  An employee, applicant, licensee, or other child care
191program has shall have the right to appeal a finding of the
192local licensing agency to a representative of the department.
193Any required hearing shall be held in the county in which the
194permanent employee is employed. The hearing shall be conducted
195in accordance with the provisions of chapter 120.
196     (g)  Refusal on the part of an applicant or licensee to
197dismiss child care personnel who have been found to be in
198noncompliance with personnel standards of s. 402.305(2) shall
199result in automatic denial or revocation of the license in
200addition to any other remedies pursued by the department or
201local licensing agency.
202     Section 4.  Subsections (1) and (3) of section 402.308,
203Florida Statutes, are amended to read:
204     402.308  Issuance of license.--
205     (1)  ANNUAL LICENSING.--Every child care facility, family
206day care home requiring licensure, or large family child care
207home in the state shall have a license that which shall be
208renewed annually.
209     (3)  STATE ADMINISTRATION OF LICENSING.--In any county in
210which the department has the authority to issue licenses, the
211following procedures shall be applied:
212     (a)  Application for a license or for a renewal of a
213license to operate a child care facility, family day care home,
214or large family child care home shall be made in the manner and
215on the forms prescribed by the department.  The applicant's
216social security number shall be included on the form submitted
217to the department. Pursuant to the federal Personal
218Responsibility and Work Opportunity Reconciliation Act of 1996,
219each applicant is required to provide his or her social security
220number in accordance with this section.  Disclosure of social
221security numbers obtained through this requirement shall be
222limited to the purpose of administration of the Title IV-D
223program for child support enforcement.
224     (b)  Before renewing Prior to the renewal of a license, the
225department shall reexamine the child care facility, family day
226care home, or large family child care home, including in that
227process the examination of the premises and those records of the
228facility or home as required under s. 402.305, to determine that
229minimum standards for licensing continue to be met.
230     (c)  The department shall coordinate all inspections of
231child care facilities, family day care homes, and large family
232child care homes. A child care provider facility is not required
233to implement a recommendation of one agency which that is in
234conflict with a recommendation of another agency if the such
235conflict arises from due to uncoordinated inspections. Any
236conflict in recommendations shall be resolved by the secretary
237of the department within 15 days after written notice that the
238such conflict exists.
239     (d)  The department shall issue or renew a license upon
240receipt of the license fee and upon being satisfied that all
241standards required by ss. 402.301-402.319 have been met. A
242license may be issued if all the screening materials have been
243timely submitted; however, a license may not be issued or
244renewed if any of the child care personnel at the applicant
245facility or home have failed the screening required by ss.
246402.305(2) and 402.3055.
247     Section 5.  Section 402.309, Florida Statutes, is amended
248to read:
249     402.309  Provisional license or registration.--
250     (1)  The local licensing agency or the department,
251whichever is authorized to license child care facilities in a
252county, may issue a provisional license for child care
253facilities, family day care homes, or large family child care
254homes, or a provisional registration for family day care homes
255to applicants for an initial a license or registration or to
256licensees or registrants seeking a renewal who are unable to
257meet conform to all the standards provided for in ss. 402.301-
258402.319.
259     (2)  A No provisional license or registration may not be
260issued unless the operator or owner makes adequate provisions
261for the health and safety of the child. A provisional license
262may be issued for a child care facility if all of the screening
263materials have been timely submitted.; however, A provisional
264license or registration may not be issued unless the child care
265facility, family day care home, or large family child care home
266is in compliance with the requirements for screening of child
267care personnel in ss. 402.305, and 402.3055, 402.313, and
268402.3131, respectively.
269     (3)  The provisional license or registration may not shall
270in no event be issued for a period that exceeds in excess of 6
271months; however, it may be renewed one time for a period that
272may not exceed in excess of 6 months under unusual circumstances
273beyond the control of the applicant.
274     (4)  The provisional license or registration may be
275suspended or revoked if periodic inspection or review made by
276the local licensing agency or the department indicates that
277insufficient progress has been made toward compliance.
278     (5)  The department shall adopt rules specifying the
279conditions and procedures under which a provisional license or
280registration may be issued, suspended, or revoked.
281     Section 6.  Section 402.310, Florida Statutes, is amended
282to read:
283     402.310  Disciplinary actions; hearings upon denial,
284suspension, or revocation of license or registration;
285administrative fines.--
286     (1)(a)  The department or local licensing agency may
287administer any of the following disciplinary sanctions for a
288violation of any provision of ss. 402.301-402.319, or rules
289adopted thereunder: deny, suspend, or revoke a license or
290     1.  Impose an administrative fine not to exceed $100 per
291violation, per day, for the violation of any provision of ss.
292402.301-402.319 or rules adopted thereunder. However, if where
293the violation could or does cause death or serious harm, the
294department or local licensing agency may impose an
295administrative fine, not to exceed $500 per violation per day,
296in addition to or in lieu of any other disciplinary action
297described in this section.
298     2.  Convert a license or registration to probation status
299and require the licensee or registrant to comply with the terms
300of probation. A probation-status license or registration may not
301be issued for a period that exceeds 6 months and the license or
302registration may not be renewed. A probation-status license or
303registration may be suspended or revoked if periodic inspection
304by the department or local licensing agency finds that the
305probation-status licensee or registrant is not in compliance
306with the terms of probation or that the probation-status
307licensee or registrant is not making sufficient progress towards
308compliance with ss. 402.301-402.319.
309     3.  Deny, suspend, or revoke a license or registration.
310     (b)  In determining the appropriate disciplinary action to
311be taken for a violation as provided in paragraph (a), the
312following factors shall be considered:
313     1.  The severity of the violation, including the
314probability that death or serious harm to the health or safety
315of any person will result or has resulted, the severity of the
316actual or potential harm, and the extent to which the provisions
317of ss. 402.301-402.319 have been violated.
318     2.  Actions taken by the licensee or registrant to correct
319the violation or to remedy complaints.
320     3.  Any previous violations of the licensee or registrant.
321     (c)  The department shall adopt rules to:
322     1.  Establish the grounds under which the department may
323deny, suspend, or revoke a license or registration or place a
324licensee or registrant on probation status for violations of ss.
325402.301-402.319.
326     2.  Establish a uniform system of procedures to impose
327disciplinary sanctions for violations of ss. 402.301-402-319.
328The uniform system of procedures must provide for the consistent
329application of disciplinary actions across districts and a
330progressively increasing level of penalties from predisciplinary
331actions, such as efforts to assist licensees or registrants to
332correct the statutory or regulatory violations, to severe
333disciplinary sanctions for actions that jeopardize the health
334and safety of children, such as for the deliberate misuse of
335medications. The department shall implement this subparagraph on
336January 1, 2006, and the implementation is not contingent upon a
337specific appropriation.
338     (d)  The disciplinary sanctions set forth in this section
339apply to licensed child care facilities, licensed large family
340child care homes, and licensed or registered family day care
341homes.
342     (2)  When the department has reasonable cause to believe
343that grounds exist for the denial, suspension, or revocation of
344a license or registration; the conversion of a license or
345registration to probation status; or the imposition of an
346administrative fine exist, it shall determine the matter in
347accordance with procedures prescribed in chapter 120. When the
348local licensing agency has reasonable cause to believe that
349grounds exist for the denial, suspension, or revocation of a
350license or registration; the conversion of a license or
351registration to probation status; or the imposition of an
352administrative fine exist, it shall notify the applicant,
353registrant, or licensee in writing, stating the grounds upon
354which the license or registration is being denied, suspended, or
355revoked or an administrative fine is being imposed. If the
356applicant, registrant, or licensee makes no written request for
357a hearing to the local licensing agency within 15 days after
358from receipt of the such notice, the license or registration
359shall be deemed denied, suspended, or revoked; the license or
360registration shall be converted to probation status; or an
361administrative fine shall be imposed.
362     (3)  If a request for a hearing is made to the local
363licensing agency, a hearing shall be held within 30 days and
364shall be conducted by an individual designated by the county
365commission.
366     (4)  An applicant, registrant, or licensee has shall have
367the right to appeal a decision of the local licensing agency to
368a representative of the department. Any required hearing shall
369be held in the county in which the child care facility, family
370day care home, or large family child care home is being operated
371or is to be established. The hearing shall be conducted in
372accordance with the provisions of chapter 120.
373     Section 7.  Section 402.3105, Florida Statutes, is created
374to read:
375     402.3105  Central database on violations, citations, and
376penalties imposed against child care facilities, family day care
377homes, and large family child care homes.--
378     (1)  The department, in consultation with the State
379Technology Office, shall establish and maintain a central
380database to record and compile all information from the service
381districts and local licensing agencies concerning violations,
382citations, and penalties imposed against child care facilities,
383family day care homes, and large family child care homes
384regulated by or registered with the department or local
385licensing agency. The department shall develop the central
386database under chapter 282 and shall administer, operate, and
387maintain the database following the policies and procedures of
388the State Technology Office.
389     (2)  The department shall retain information in the
390database in order to monitor and evaluate the consistency and
391effectiveness of the service districts' and local licensing
392agencies' investigations and the enforcement of compliance with
393licensing and registration requirements by child care
394facilities, family day care homes, and large family child care
395homes. The database must have the capability to produce
396statistical reports of patterns of violations, citations, and
397penalties, including the classes and types of violations, and
398any actions taken to suspend or revoke the license or
399registration of a child care facility, family day care home, or
400large family child care home.
401     (3)  The central database shall be an informational
402resource for evaluating child care facilities, family day care
403homes, and large family child care homes for license or
404registration renewals but may not be used for employment
405screening. The database information is open to the public and is
406subject to chapter 119.
407     (4)  The department shall implement this section beginning
408on July 1, 2005, and the implementation is not contingent upon a
409specific appropriation.
410     Section 8.  Subsections (1) and (13) of section 402.313,
411Florida Statutes, are amended to read:
412     402.313  Family day care homes.--
413     (1)  Family day care homes shall be licensed under this act
414if they are presently being licensed under an existing county
415licensing ordinance, if they are participating in the subsidized
416child care program, or if the board of county commissioners
417passes a resolution that family day care homes be licensed. If
418no county authority exists for the licensing of a family day
419care home, the department shall have the authority to license
420family day care homes under contract for the purchase-of-service
421system in the subsidized child care program.
422     (a)  If not subject to license, family day care homes shall
423register annually with the department, providing the following
424information:
425     1.  The name and address of the home.
426     2.  The name of the operator.
427     3.  The number of children served.
428     4.  Proof of a written plan to provide at least one other
429competent adult to be available to substitute for the operator
430in an emergency. This plan shall include the name, address, and
431telephone number of the designated substitute.
432     5.  Proof of screening and background checks.
433     6.  Proof of successful completion of the 30-hour training
434course, as evidenced by passage of a competency examination,
435which shall include:
436     a.  State and local rules and regulations that govern child
437care.
438     b.  Health, safety, and nutrition.
439     c.  Identifying and reporting child abuse and neglect.
440     d.  Child development, including typical and atypical
441language development; and cognitive, motor, social, and self-
442help skills development.
443     e.  Observation of developmental behaviors, including using
444a checklist or other similar observation tools and techniques to
445determine a child's developmental level.
446     f.  Specialized areas, including early literacy and
447language development of children from birth to 5 years of age,
448as determined by the department, for owner-operators of family
449day care homes.
450     7.  Proof that immunization records are kept current.
451     8.  Proof of completion of the required continuing
452education units or clock hours.
453     (b)  The department or local licensing agency may impose an
454administrative fine, not to exceed $100, for failure to comply
455with licensure or registration requirements.
456     (b)(c)  A family day care home that is not required to be
457licensed under this subsection participating in the subsidized
458child care program may volunteer to be licensed under the
459provisions of this act.
460     (c)(d)  The department may provide technical assistance to
461counties and family day care home providers to enable counties
462and family day care providers to achieve compliance with family
463day care homes standards.
464     (13)  The department shall adopt a rule establishing, by
465rule, establish minimum standards for family day care homes that
466are required to be licensed by county licensing ordinance or
467county licensing resolution or that voluntarily choose to be
468licensed. The standards should include requirements for
469staffing, training, maintenance of immunization records, minimum
470health and safety standards, reduced standards for the
471regulation of child care during evening hours by municipalities
472and counties, and enforcement of standards.
473     Section 9.  Paragraph (a) of subsection (1) of section
474402.3131, Florida Statutes, is repealed.
475     Section 10.  This act shall take effect July 1, 2005.


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