Senate Bill sb0208
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
By Senator Lynn
7-232-05
1 A bill to be entitled
2 An act relating to child care facilities;
3 amending s. 402.3055, F.S.; requiring an
4 applicant, owner, or operator of a child care
5 facility to sign an affidavit attesting to the
6 accuracy of certain information; authorizing
7 the Department of Children and Family Services
8 to apply certain requirements for personnel in
9 child care facilities to personnel in family
10 day care homes and large family child care
11 homes; amending s. 402.308, F.S.; requiring
12 family day care homes that are required to be
13 licensed and large family child care homes to
14 have a license that is renewed annually;
15 authorizing the Department of Children and
16 Family Services to apply the specified
17 procedures for administering a license to
18 family day care homes and large family child
19 care homes; amending s. 402.309, F.S.;
20 authorizing the local licensing agency or the
21 Department of Children and Family Services to
22 issue a provisional license or registration to
23 a child care facility, family day care home, or
24 large family child care home; providing that a
25 provisional license or registration may not be
26 issued unless child care personnel are screened
27 according to law; requiring the department to
28 adopt rules for issuing, suspending, and
29 revoking provisional licenses and
30 registrations; amending s. 402.310, F.S.;
31 providing that an increased administrative fine
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 may be imposed in addition to or in lieu of
2 other disciplinary actions; authorizing the
3 department or local licensing agencies to
4 convert a license or registration to probation
5 status for a violation of certain laws and
6 rules; authorizing the department or local
7 licensing agencies to apply disciplinary
8 actions to registered family day care homes;
9 directing the department to adopt rules
10 establishing grounds for imposing disciplinary
11 actions for violations of certain laws and
12 rules; directing the department to adopt rules
13 to create a uniform system of procedures to use
14 for disciplinary actions; creating s. 402.3105,
15 F.S.; requiring the department to establish a
16 database of information concerning violations,
17 citations, and penalties imposed against child
18 care facilities, family day care homes, and
19 large family child care homes licensed by or
20 registered with the department and local
21 licensing agencies; requiring the department to
22 consult with the State Technology Office;
23 specifying database capabilities and the uses
24 of information contained therein; providing
25 that implementation is not contingent upon an
26 appropriation; repealing ss. 402.313(1)(b) and
27 402.3131(1)(a), F.S., relating to the authority
28 of the department or local licensing agency to
29 impose an administrative fine against a family
30 care home or a large family child care home;
31 providing an effective date.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 402.3055, Florida Statutes, is
4 amended to read:
5 402.3055 Child care personnel requirements.--
6 (1) REQUIREMENTS FOR CHILD CARE PERSONNEL.--
7 (a) The department or local licensing agency shall
8 require that the application for a license to operate a child
9 care facility, family day care home, or large family child
10 care home license contain a question that specifically asks
11 the applicant, owner, or operator if he or she has ever had a
12 license denied, revoked, or suspended in any state or
13 jurisdiction or has been the subject of a disciplinary action
14 or been fined while employed in a child care facility, family
15 day care home, or large family child care home. The applicant,
16 owner, or operator shall sign an affidavit attesting attest to
17 the accuracy of the information requested under penalty of
18 perjury.
19 1. If the applicant, owner, or operator admits that he
20 or she has been a party in such action, the department or
21 local licensing agency shall review the nature of the
22 suspension, revocation, disciplinary action, or fine before
23 granting the applicant a license to operate a child care
24 facility, family day care home, or large family child care
25 home.
26 2. If the department or local licensing agency
27 determines as a the result of the such review that it is not
28 in the best interest of the state or local jurisdiction for
29 the applicant to be licensed, a license shall not be granted.
30 (b) The employer of a child care facility, family day
31 care home, or large family child care home employer shall
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 require that the application for a child care personnel
2 position contain a question that specifically asks the
3 applicant if he or she has ever worked in a facility or home
4 that has had a license denied, revoked, or suspended in this
5 or any other state or jurisdiction or if the applicant has
6 been the subject of a disciplinary action or been fined while
7 he or she was employed in a child care facility or home. The
8 applicant shall attest to the accuracy of the information
9 requested under penalty of perjury. If the applicant admits
10 that he or she has been a party in such action, the employer
11 shall review the nature of the denial, suspension, revocation,
12 disciplinary action, or fine before the applicant is hired.
13 (2) EXCLUSION FROM OWNING, OPERATING, OR BEING
14 EMPLOYED BY A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM;
15 HEARINGS PROVIDED.--
16 (a) The department or local licensing agency shall
17 deny, suspend, or revoke a license or pursue other remedies
18 provided in s. 402.310, s. 402.312, or s. 402.319 in addition
19 to or in lieu of denial, suspension, or revocation for failure
20 to comply with this section. The disciplinary actions taken
21 determination to be made by the department or the local
22 licensing agency and the procedure for hearing for applicants
23 and licensees shall be in accordance with s. 402.310.
24 (b) When the department or the local licensing agency
25 has reasonable cause to believe that grounds for denial or
26 termination of employment exist, it shall notify, in writing,
27 the applicant, licensee, or other child care program and the
28 child care personnel affected, stating the specific grounds
29 indicating record which indicates noncompliance with the
30 standards in s. 402.305(2).
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 (c) When the department is the agency initiating the
2 allegations of statement regarding noncompliance, the
3 procedures established for hearing under chapter 120 shall be
4 available to the applicant, licensee, or other child care
5 program and to the affected child care personnel, in order to
6 present evidence relating either to the accuracy of the basis
7 of exclusion or to the denial of an exemption from
8 disqualification.
9 (d) When a local licensing agency is the agency
10 initiating the allegations of statement regarding
11 noncompliance of an employee with the standards contained in
12 s. 402.305(2), the employee, applicant, licensee, or other
13 child care program has 15 days from receipt of the time of
14 written notification of the agency's finding of noncompliance
15 to make a written request for a hearing. If a written request
16 for a hearing is not received in that time, the permanent
17 employee, applicant, licensee, or other child care program is
18 presumed to accept the finding of noncompliance.
19 (e) If a request for a hearing is made to the local
20 licensing agency, a hearing shall be held within 30 days and
21 shall be conducted by an individual designated by the county
22 commission.
23 (f) An employee, applicant, licensee, or other child
24 care program has shall have the right to appeal a finding of
25 the local licensing agency to a representative of the
26 department. Any required hearing shall be held in the county
27 in which the permanent employee is employed. The hearing shall
28 be conducted in accordance with the provisions of chapter 120.
29 (g) Refusal on the part of an applicant or licensee to
30 dismiss child care personnel who have been found to be in
31 noncompliance with personnel standards of s. 402.305(2) shall
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 result in automatic denial or revocation of the license in
2 addition to any other remedies pursued by the department or
3 local licensing agency.
4 Section 2. Subsections (1) and (3) of section 402.308,
5 Florida Statutes, are amended to read:
6 402.308 Issuance of license.--
7 (1) ANNUAL LICENSING.--Every child care facility,
8 family day care home requiring licensure, or large family
9 child care home in the state shall have a license that which
10 shall be renewed annually.
11 (3) STATE ADMINISTRATION OF LICENSING.--In any county
12 in which the department has the authority to issue licenses,
13 the following procedures shall be applied:
14 (a) Application for a license or for a renewal of a
15 license to operate a child care facility, family day care
16 home, or large family child care home shall be made in the
17 manner and on the forms prescribed by the department. The
18 applicant's social security number shall be included on the
19 form submitted to the department. Pursuant to the federal
20 Personal Responsibility and Work Opportunity Reconciliation
21 Act of 1996, each applicant is required to provide his or her
22 social security number in accordance with this section.
23 Disclosure of social security numbers obtained through this
24 requirement shall be limited to the purpose of administration
25 of the Title IV-D program for child support enforcement.
26 (b) Before renewing Prior to the renewal of a license,
27 the department shall reexamine the child care facility, family
28 day care home, or large family child care home, including in
29 that process the examination of the premises and those records
30 of the facility or home as required under s. 402.305, to
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 determine that minimum standards for licensing continue to be
2 met.
3 (c) The department shall coordinate all inspections of
4 child care facilities, family day care homes, and large family
5 child care homes. A child care provider facility is not
6 required to implement a recommendation of one agency which
7 that is in conflict with a recommendation of another agency if
8 the such conflict arises from due to uncoordinated
9 inspections. Any conflict in recommendations shall be resolved
10 by the secretary of the department within 15 days after
11 written notice that the such conflict exists.
12 (d) The department shall issue or renew a license upon
13 receipt of the license fee and upon being satisfied that all
14 standards required by ss. 402.301-402.319 have been met. A
15 license may be issued if all the screening materials have been
16 timely submitted; however, a license may not be issued or
17 renewed if any of the child care personnel at the applicant
18 facility or home have failed the screening required by ss.
19 402.305(2) and 402.3055.
20 Section 3. Section 402.309, Florida Statutes, is
21 amended to read:
22 402.309 Provisional license or registration.--
23 (1) The local licensing agency or the department,
24 whichever is authorized to license child care facilities in a
25 county, may issue a provisional license for child care
26 facilities, family day care homes, or large family child care
27 homes, or a provisional registration for family day care homes
28 to applicants for an initial a license or registration or to
29 licensees or registrants seeking a renewal who are unable to
30 meet conform to all the standards provided for in ss.
31 402.301-402.319.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 (2) A No provisional license or registration may not
2 be issued unless the operator or owner makes adequate
3 provisions for the health and safety of the child. A
4 provisional license may be issued for a child care facility if
5 all of the screening materials have been timely submitted.;
6 however, A provisional license or registration may not be
7 issued unless the child care facility, family day care home,
8 or large family child care home is in compliance with the
9 requirements for screening of child care personnel in ss.
10 402.305, and 402.3055, 402.313, and 402.3131, respectively.
11 (3) The provisional license or registration may not
12 shall in no event be issued for a period that exceeds in
13 excess of 6 months; however, it may be renewed one time for a
14 period that may not exceed in excess of 6 months under unusual
15 circumstances beyond the control of the applicant.
16 (4) The provisional license or registration may be
17 suspended or revoked if periodic inspection or review made by
18 the local licensing agency or the department indicates that
19 insufficient progress has been made toward compliance.
20 (5) The department shall adopt rules specifying the
21 conditions and procedures under which a provisional license or
22 registration may be issued, suspended, or revoked.
23 Section 4. Section 402.310, Florida Statutes, is
24 amended to read:
25 402.310 Disciplinary actions; hearings upon denial,
26 suspension, or revocation of license or registration;
27 administrative fines.--
28 (1)(a) The department or local licensing agency may
29 administer any of the following disciplinary sanctions for a
30 violation of any provision of ss. 402.301-402.319, or rules
31 adopted thereunder: deny, suspend, or revoke a license or
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 1. Impose an administrative fine not to exceed $100
2 per violation, per day, for the violation of any provision of
3 ss. 402.301-402.319 or rules adopted thereunder. However, if
4 where the violation could or does cause death or serious harm,
5 the department or local licensing agency may impose an
6 administrative fine, not to exceed $500 per violation per day,
7 in addition to or in lieu of any other disciplinary action
8 described in this section.
9 2. Convert a license or registration to probation
10 status and require the licensee or registrant to comply with
11 the terms of probation. A probation-status license or
12 registration may not be issued for a period that exceeds 6
13 months and the license or registration may not be renewed. A
14 probation-status license or registration may be suspended or
15 revoked if periodic inspection by the department or local
16 licensing agency finds that the probation-status licensee or
17 registrant is not in compliance with the terms of probation or
18 that the probation-status licensee or registrant is not making
19 sufficient progress towards compliance with ss.
20 402.301-402.319.
21 3. Deny, suspend, or revoke a license or registration.
22 (b) In determining the appropriate disciplinary action
23 to be taken for a violation as provided in paragraph (a), the
24 following factors shall be considered:
25 1. The severity of the violation, including the
26 probability that death or serious harm to the health or safety
27 of any person will result or has resulted, the severity of the
28 actual or potential harm, and the extent to which the
29 provisions of ss. 402.301-402.319 have been violated.
30 2. Actions taken by the licensee or registrant to
31 correct the violation or to remedy complaints.
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 3. Any previous violations of the licensee or
2 registrant.
3 (c) The department shall adopt rules to:
4 1. Establish the grounds under which the department
5 may deny, suspend, or revoke a license or registration or
6 place a licensee or registrant on probation status for
7 violations of ss. 402.301-402.319.
8 2. Establish a uniform system of procedures to impose
9 disciplinary sanctions for violations of ss. 402.301-402-319.
10 The uniform system of procedures must provide for the
11 consistent application of disciplinary actions across
12 districts and a progressively increasing level of penalties
13 from predisciplinary actions, such as efforts to assist
14 licensees or registrants to correct the statutory or
15 regulatory violations, to severe disciplinary sanctions for
16 actions that jeopardize the health and safety of children,
17 such as for the deliberate misuse of medications. The
18 department shall implement this subparagraph on January 1,
19 2006, and the implementation is not contingent upon a specific
20 appropriation.
21 (d) The disciplinary sanctions set forth in this
22 section apply to licensed child care facilities, licensed
23 large family child care homes, and licensed or registered
24 family day care homes.
25 (2) When the department has reasonable cause to
26 believe that grounds exist for the denial, suspension, or
27 revocation of a license or registration; the conversion of a
28 license or registration to probation status; or the imposition
29 of an administrative fine exist, it shall determine the matter
30 in accordance with procedures prescribed in chapter 120. When
31 the local licensing agency has reasonable cause to believe
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 that grounds exist for the denial, suspension, or revocation
2 of a license or registration; the conversion of a license or
3 registration to probation status; or the imposition of an
4 administrative fine exist, it shall notify the applicant,
5 registrant, or licensee in writing, stating the grounds upon
6 which the license or registration is being denied, suspended,
7 or revoked or an administrative fine is being imposed. If the
8 applicant, registrant, or licensee makes no written request
9 for a hearing to the local licensing agency within 15 days
10 after from receipt of the such notice, the license or
11 registration shall be deemed denied, suspended, or revoked;
12 the license or registration shall be converted to probation
13 status; or an administrative fine shall be imposed.
14 (3) If a request for a hearing is made to the local
15 licensing agency, a hearing shall be held within 30 days and
16 shall be conducted by an individual designated by the county
17 commission.
18 (4) An applicant, registrant, or licensee has shall
19 have the right to appeal a decision of the local licensing
20 agency to a representative of the department. Any required
21 hearing shall be held in the county in which the child care
22 facility, family day care home, or large family child care
23 home is being operated or is to be established. The hearing
24 shall be conducted in accordance with the provisions of
25 chapter 120.
26 Section 5. Section 402.3105, Florida Statutes, is
27 created to read:
28 402.3105 Central database on violations, citations,
29 and penalties imposed against child care facilities, family
30 day care homes, and large family child care homes.--
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 (1) The department, in consultation with the state
2 technology office, shall establish and maintain a central
3 database to record and compile all information from the
4 service districts and local licensing agencies concerning
5 violations, citations, and penalties imposed against child
6 care facilities, family day care homes, and large family child
7 care homes regulated by or registered with the department or
8 local licensing agency. The department shall develop the
9 central database under chapter 282 and shall administer,
10 operate, and maintain the database following the policies and
11 procedures of the state technology office.
12 (2) The department shall retain information in the
13 database in order to monitor and evaluate the consistency and
14 effectiveness of the service districts' and local licensing
15 agencies' investigations and the enforcement of compliance
16 with licensing and registration requirements by child care
17 facilities, family day care homes, and large family child care
18 homes. The database must have the capability to produce
19 statistical reports of patterns of violations, citations, and
20 penalties, including the classes and types of violations, and
21 any actions taken to suspend or revoke the license or
22 registration of a child care facility, family day care home,
23 or large family child care home.
24 (3) The central database shall be an informational
25 resource for evaluating child care facilities, family day care
26 homes, and large family child care homes for license or
27 registration renewals but may not be used for employment
28 screening. The database information is open to the public and
29 is subject to chapter 119.
30
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 208
7-232-05
1 (4) The department shall implement this section
2 beginning on July 1, 2005, and the implementation is not
3 contingent upon a specific appropriation.
4 Section 6. Paragraph (b) of subsection (1) of section
5 402.313 and paragraph (a) of subsection (1) of section
6 402.3131, Florida Statutes, are repealed.
7 Section 7. This act shall take effect July 1, 2005.
8
9 *****************************************
10 SENATE SUMMARY
11 Requires specified persons to sign an affidavit attesting
to the accuracy of certain information. Authorizes the
12 Department of Children and Family Services to apply
certain requirements for personnel in child care
13 facilities to personnel in family day care homes and
large family child care homes. Requires family day care
14 homes that are required to be licensed and large family
child care homes to have a license that is renewed
15 annually. Authorizes the appropriate agency to issue a
provisional license or registration to a child care
16 facility, family day care home, or large family child
care home. Provides that a provisional license or
17 registration may not be issued unless child care
personnel are screened according to law. Authorizes the
18 department or local licensing agencies to convert a
license or registration to probation status for violation
19 of certain laws and rules. Authorizes the department or
local licensing agencies to apply disciplinary actions to
20 registered family day care homes. Directs the department
to adopt certain rules. Requires the department to
21 establish a database of information concerning
violations, citations, and penalties imposed against
22 child care facilities, family day care homes, and large
family child care homes licensed by or registered with
23 the department and local licensing agencies. Requires the
department to consult with the State Technology Office.
24 Abolishes the authority of the department or local
licensing agency to impose an administrative fine for a
25 family care home or a large family child care home.
26
27
28
29
30
31
13
CODING: Words stricken are deletions; words underlined are additions.