| 1 | A bill to be entitled |
| 2 | An act relating to child care; renumbering and amending s. |
| 3 | 402.3017, F.S.; transferring authority for administration |
| 4 | of the Teacher Education and Compensation Helps (TEACH) |
| 5 | scholarship program from the Department of Children and |
| 6 | Family Services to the Agency for Workforce Innovation; |
| 7 | amending s. 402.281, F.S.; providing additional criteria |
| 8 | for a child care provider to obtain and maintain Gold Seal |
| 9 | Quality Care designation; authorizing the Department of |
| 10 | Children and Family Services to adopt rules; amending s. |
| 11 | 402.302, F.S.; revising the definition of the term |
| 12 | "screening" to broaden the requirements for the screening |
| 13 | of volunteers in child care facilities; amending s. |
| 14 | 402.309, F.S.; authorizing the local licensing agency or |
| 15 | the Department of Children and Family Services to issue a |
| 16 | provisional license or registration to a child care |
| 17 | facility, family day care home, or large family child care |
| 18 | home; providing that a provisional license or registration |
| 19 | may not be issued unless child care personnel are screened |
| 20 | according to law; requiring the department to adopt rules |
| 21 | for issuing, suspending, and revoking provisional licenses |
| 22 | and registrations; amending s. 402.310, F.S.; revising |
| 23 | applicability of disciplinary actions and fines to include |
| 24 | certain providers registered with the department; amending |
| 25 | s. 402.313, F.S.; removing a provision relating to a fine |
| 26 | to conform to changes made by the act; requiring minimum |
| 27 | safety standards for family day care homes; amending s. |
| 28 | 402.3131, F.S.; removing a provision relating to a fine to |
| 29 | conform to changes made by the act; providing an effective |
| 30 | date. |
| 31 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 34 | Section 1. Section 402.3017, Florida Statutes, is |
| 35 | renumbered as section 411.0103, Florida Statutes, and amended to |
| 36 | read: |
| 37 | 411.0103 402.3017 Teacher Education and Compensation Helps |
| 38 | (TEACH) scholarship program.-- |
| 39 | (1) The Legislature finds that the level of early child |
| 40 | care teacher education and training is a key predictor for |
| 41 | determining program quality. The Legislature also finds that low |
| 42 | wages for child care workers prevent many from obtaining |
| 43 | increased training and education and contribute to high turnover |
| 44 | rates. The Legislature therefore intends to help fund a program |
| 45 | which links teacher training and education to compensation and |
| 46 | commitment to the field of early childhood education. |
| 47 | (2) The Agency for Workforce Innovation shall Department |
| 48 | of Children and Family Services is authorized to contract for |
| 49 | the administration of the Teacher Education and Compensation |
| 50 | Helps (TEACH) scholarship program, which provides educational |
| 51 | scholarships to caregivers and administrators of early childhood |
| 52 | programs, family day care homes, and large family child care |
| 53 | homes. |
| 54 | (3) The Agency for Workforce Innovation department shall |
| 55 | adopt rules under ss. 120.536(1) and 120.54 as necessary to |
| 56 | administer implement this section. |
| 57 | (4) For the 2005-2006 fiscal year only, the Agency for |
| 58 | Workforce Innovation shall administer this section. This |
| 59 | subsection expires July 1, 2006. |
| 60 | Section 2. Subsections (3) and (4) are added to section |
| 61 | 402.281, Florida Statutes, to read: |
| 62 | 402.281 Gold Seal Quality Care program.-- |
| 63 | (3) In order for a child care provider to obtain and |
| 64 | maintain Gold Seal Quality Care designation, a child care |
| 65 | facility, large family child care home, or family day care home |
| 66 | must meet the following additional criteria: |
| 67 | (a) A child care provider must not have had any Class 1 |
| 68 | deficiencies, as defined by rule, within the 2 years preceding |
| 69 | application for Gold Seal Quality Care designation. The |
| 70 | commission of a Class 1 violation is grounds for the termination |
| 71 | of Gold Seal Quality Care designation. Gold Seal Quality Care |
| 72 | designation may not be restored until the provider has had no |
| 73 | Class 1 violations for 2 consecutive years. |
| 74 | (b) A child care provider must not have had three or more |
| 75 | Class 2 deficiencies, as defined by rule, within the 2 years |
| 76 | preceding application for Gold Seal Quality Care designation. |
| 77 | The commission of three or more Class 2 violations within a 2- |
| 78 | year period shall be grounds for termination of Gold Seal |
| 79 | Quality Care designation. Gold Seal Quality Care designation may |
| 80 | not be restored until the provider has had no Class 2 violations |
| 81 | for 1 year. |
| 82 | (c) A child care provider must not have been cited for the |
| 83 | same Class 3 violation, as defined by rule, three or more times |
| 84 | within the 2 consecutive years preceding application for Gold |
| 85 | Seal Quality Care designation. The commission of the same Class |
| 86 | 3 violation three or more times during a 2-year period is |
| 87 | grounds for termination of Gold Seal Quality Care designation. |
| 88 | Gold Seal Quality Care designation may not be restored until the |
| 89 | provider has not committed the same Class 3 violation for 1 |
| 90 | year. |
| 91 | (4) The Department of Children and Family Services may |
| 92 | adopt rules under ss. 120.536(1) and 120.54 that provide |
| 93 | criteria and procedures for reviewing and approving accrediting |
| 94 | agencies for participation in the Gold Seal Quality Care |
| 95 | program, conferring and revoking Gold Seal Quality Care |
| 96 | designation, and classifying violations. |
| 97 | Section 3. Subsection (13) of section 402.302, Florida |
| 98 | Statutes, is amended to read: |
| 99 | 402.302 Definitions.-- |
| 100 | (13) "Screening" means the act of assessing the background |
| 101 | of child care personnel and volunteers and includes, but is not |
| 102 | limited to, employment history checks, local criminal records |
| 103 | checks through local law enforcement agencies, fingerprinting |
| 104 | for all purposes and checks in this subsection, statewide |
| 105 | criminal records checks through the Department of Law |
| 106 | Enforcement, and federal criminal records checks through the |
| 107 | Federal Bureau of Investigation; except that screening for |
| 108 | volunteers included under the definition of personnel includes |
| 109 | only local criminal records checks through local law enforcement |
| 110 | agencies for current residence and residence immediately prior |
| 111 | to employment as a volunteer, if different, and statewide |
| 112 | criminal records correspondence checks through the Department of |
| 113 | Law Enforcement. |
| 114 | Section 4. Section 402.309, Florida Statutes, is amended |
| 115 | to read: |
| 116 | 402.309 Provisional license or registration.-- |
| 117 | (1) The local licensing agency or the department, |
| 118 | whichever is authorized to license child care facilities in a |
| 119 | county, may issue a provisional license for child care |
| 120 | facilities, family day care homes, or large family child care |
| 121 | homes, or a provisional registration for family day care homes |
| 122 | to applicants for an initial a license or registration or to |
| 123 | licensees or registrants seeking a renewal who are unable to |
| 124 | meet conform to all the standards provided for in ss. 402.301- |
| 125 | 402.319. |
| 126 | (2) A No provisional license or registration may not be |
| 127 | issued unless the operator or owner makes adequate provisions |
| 128 | for the health and safety of the child. A provisional license |
| 129 | may be issued for a child care facility if all of the screening |
| 130 | materials have been timely submitted.; however, A provisional |
| 131 | license or registration may not be issued unless the child care |
| 132 | facility, family day care home, or large family child care home |
| 133 | is in compliance with the requirements for screening of child |
| 134 | care personnel in ss. 402.305, and 402.3055, 402.313, and |
| 135 | 402.3131, respectively. |
| 136 | (3) The provisional license or registration may not shall |
| 137 | in no event be issued for a period that exceeds in excess of 6 |
| 138 | months; however, it may be renewed one time for a period that |
| 139 | may not exceed in excess of 6 months under unusual circumstances |
| 140 | beyond the control of the applicant. |
| 141 | (4) The provisional license or registration may be |
| 142 | suspended or revoked if periodic inspection or review made by |
| 143 | the local licensing agency or the department indicates that |
| 144 | insufficient progress has been made toward compliance. |
| 145 | (5) The department shall adopt rules specifying the |
| 146 | conditions and procedures under which a provisional license or |
| 147 | registration may be issued, suspended, or revoked. |
| 148 | Section 5. Section 402.310, Florida Statutes, is amended |
| 149 | to read: |
| 150 | 402.310 Disciplinary actions; hearings upon denial, |
| 151 | suspension, or revocation of license or registration; |
| 152 | administrative fines.-- |
| 153 | (1)(a) The department or local licensing agency may |
| 154 | administer any of the following disciplinary sanctions for a |
| 155 | violation of any provision of ss. 402.301-402.319 or rules |
| 156 | adopted thereunder: deny, suspend, or revoke a license or |
| 157 | 1. Impose an administrative fine not to exceed $100 per |
| 158 | violation, per day, for the violation of any provision of ss. |
| 159 | 402.301-402.319 or rules adopted thereunder. However, if where |
| 160 | the violation could or does cause death or serious harm, the |
| 161 | department or local licensing agency may impose an |
| 162 | administrative fine, not to exceed $500 per violation per day in |
| 163 | addition to or in lieu of any other disciplinary action imposed |
| 164 | pursuant to this section. |
| 165 | 2. Deny, suspend, or revoke a license or registration. |
| 166 | (b) In determining the appropriate disciplinary action to |
| 167 | be taken for a violation as provided in paragraph (a), the |
| 168 | following factors shall be considered: |
| 169 | 1. The severity of the violation, including the |
| 170 | probability that death or serious harm to the health or safety |
| 171 | of any person will result or has resulted, the severity of the |
| 172 | actual or potential harm, and the extent to which the provisions |
| 173 | of ss. 402.301-402.319 have been violated. |
| 174 | 2. Actions taken by the licensee or registrant to correct |
| 175 | the violation or to remedy complaints. |
| 176 | 3. Any previous violations of the licensee or registrant. |
| 177 | (2) When the department has reasonable cause to believe |
| 178 | that grounds exist for the denial, suspension, or revocation of |
| 179 | a license or registration or the imposition of an administrative |
| 180 | fine exist, it shall determine the matter in accordance with |
| 181 | procedures prescribed in chapter 120. When the local licensing |
| 182 | agency has reasonable cause to believe that grounds exist for |
| 183 | the denial, suspension, or revocation of a license or |
| 184 | registration or imposition of an administrative fine exist, it |
| 185 | shall notify the applicant, registrant, or licensee in writing, |
| 186 | stating the grounds upon which the license or registration is |
| 187 | being denied, suspended, or revoked or an administrative fine is |
| 188 | being imposed. If the applicant, registrant, or licensee makes |
| 189 | no written request for a hearing to the local licensing agency |
| 190 | within 15 days from receipt of such notice, the license or |
| 191 | registration shall be deemed denied, suspended, or revoked or an |
| 192 | administrative fine shall be imposed. |
| 193 | (3) If a request for a hearing is made to the local |
| 194 | licensing agency, a hearing shall be held within 30 days and |
| 195 | shall be conducted by an individual designated by the county |
| 196 | commission. |
| 197 | (4) An applicant, registrant, or licensee shall have the |
| 198 | right to appeal a decision of the local licensing agency to a |
| 199 | representative of the department. Any required hearing shall be |
| 200 | held in the county in which the child care facility, family day |
| 201 | care home, or large family child care home is being operated or |
| 202 | is to be established. The hearing shall be conducted in |
| 203 | accordance with the provisions of chapter 120. |
| 204 | Section 6. Paragraphs (b), (c), and (d) of subsection (1) |
| 205 | and subsection (13) of section 402.313, Florida Statutes, are |
| 206 | amended to read: |
| 207 | 402.313 Family day care homes.-- |
| 208 | (1) Family day care homes shall be licensed under this act |
| 209 | if they are presently being licensed under an existing county |
| 210 | licensing ordinance, if they are participating in the subsidized |
| 211 | child care program, or if the board of county commissioners |
| 212 | passes a resolution that family day care homes be licensed. If |
| 213 | no county authority exists for the licensing of a family day |
| 214 | care home, the department shall have the authority to license |
| 215 | family day care homes under contract for the purchase-of-service |
| 216 | system in the subsidized child care program. |
| 217 | (b) The department or local licensing agency may impose an |
| 218 | administrative fine, not to exceed $100, for failure to comply |
| 219 | with licensure or registration requirements. |
| 220 | (b)(c) A family day care home not participating in the |
| 221 | subsidized child care program may volunteer to be licensed under |
| 222 | the provisions of this act. |
| 223 | (c)(d) The department may provide technical assistance to |
| 224 | counties and family day care home providers to enable counties |
| 225 | and family day care providers to achieve compliance with family |
| 226 | day care homes standards. |
| 227 | (13) The department shall, by rule, establish minimum |
| 228 | standards for family day care homes that are required to be |
| 229 | licensed by county licensing ordinance or county licensing |
| 230 | resolution or that voluntarily choose to be licensed. The |
| 231 | standards should include requirements for staffing, training, |
| 232 | maintenance of immunization records, minimum health and safety |
| 233 | standards, reduced standards for the regulation of child care |
| 234 | during evening hours by municipalities and counties, and |
| 235 | enforcement of standards. |
| 236 | Section 7. Subsection (1) of section 402.3131, Florida |
| 237 | Statutes, is amended to read: |
| 238 | 402.3131 Large family child care homes.-- |
| 239 | (1) Large family child care homes shall be licensed under |
| 240 | this section. |
| 241 | (a) The department or local licensing agency may impose an |
| 242 | administrative fine, not to exceed $1,000, for failure to comply |
| 243 | with licensure requirements. |
| 244 | (a)(b) A licensed family day care home must first have |
| 245 | operated for a minimum of 2 consecutive years, with an operator |
| 246 | who has had a child development associate credential or its |
| 247 | equivalent for 1 year, before seeking licensure as a large |
| 248 | family child care home. |
| 249 | (b)(c) The department may provide technical assistance to |
| 250 | counties and family day care home providers to enable the |
| 251 | counties and providers to achieve compliance with minimum |
| 252 | standards for large family child care homes. |
| 253 | Section 8. This act shall take effect July 1, 2006. |