Senate Bill sb1510c1
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    Florida Senate - 2006                           CS for SB 1510
    By the Committee on Children and Families; and Senator Lynn
    586-1874-06
  1                      A bill to be entitled
  2         An act relating to child care; amending s.
  3         402.281, F.S.; providing criteria that certain
  4         child care facilities must meet in order to
  5         obtain and maintain a designation as a Gold
  6         Seal Quality Care provider; requiring the
  7         Department of Children and Family Services to
  8         adopt rules pertaining to the Gold Seal Quality
  9         Care program; amending s. 402.302, F.S.;
10         revising the definition of the term "screening"
11         to include volunteers; amending s. 402.310,
12         F.S.; authorizing the department or local
13         licensing agency to administer certain
14         disciplinary sanctions to licensees and
15         registrants; amending s. 402.313, F.S.;
16         deleting a provision that authorizes the
17         department or local licensing agency to impose
18         an administrative fine on family day care homes
19         that fail to comply with licensure or
20         registration requirements; providing that the
21         minimum standards required for family day care
22         homes for licensure should include health and
23         safety standards; amending s. 402.3131, F.S.;
24         deleting a provision that authorizes the
25         department or local licensing agency to impose
26         an administrative fine on large family child
27         care homes that fail to comply with licensure
28         requirements; transferring, renumbering, and
29         amending s. 402.3017, F.S.; revising the
30         provisions of the Teacher Education and
31         Compensation Helps scholarship program;
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 1         authorizing the Agency for Workforce Innovation
 2         to administer the program and adopt rules;
 3         amending s. 402.309, F.S.; authorizing the
 4         issuance of a provisional license or
 5         registration for child care to certain
 6         applicants; prohibiting a provisional license
 7         or registration from being issued under certain
 8         circumstances; authorizing the suspension or
 9         revocation of a provisional license or
10         registration under certain circumstances;
11         requiring the department to adopt rules;
12         creating s. 402.317, F.S.; authorizing the
13         provision of child care for a period longer
14         than otherwise authorized if a parent or legal
15         guardian works a shift of 24 hours or more;
16         providing an effective date.
17  
18  Be It Enacted by the Legislature of the State of Florida:
19  
20         Section 1.  Subsections (3) and (4) are added to
21  section 402.281, Florida Statutes, to read:
22         402.281  Gold Seal Quality Care program.--
23         (3)  In order to obtain and maintain a designation as a
24  Gold Seal Quality Care provider, a child care facility, large
25  family child care home, or family day care home must meet the
26  following additional criteria:
27         (a)  The child care provider must not have had any
28  class I violations, as defined by rule, within the 2 years
29  preceding its application for designation as a Gold Seal
30  Quality Care provider.  Commission of a class I violation
31  shall be grounds for termination of the designation as a Gold
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 1  Seal Quality Care provider until the provider has no class I
 2  violations for a period of 2 years.
 3         (b)  The child care provider must not have had three or
 4  more class II violations, as defined by rule, within the 2
 5  years preceding its application for designation as a Gold Seal
 6  Quality Care provider.  Commission of three or more class II
 7  violations within a 2-year period shall be grounds for
 8  termination of the designation as a Gold Seal Quality Care
 9  provider until the provider has no class II violations for a
10  period of 1 year.
11         (c)  The child care provider must not have been cited
12  for the same class III violation, as defined by rule, three or
13  more times within the 2 years preceding its application for
14  designation as a Gold Seal Quality Care provider.  Commission
15  of the same class III violation three or more times during a
16  2-year period shall be grounds for termination of the
17  designation as a Gold Seal Quality Care provider until the
18  provider has no class III violations for a period of 1 year.
19         (4)  The Department of Children and Family Services
20  shall adopt rules under ss. 120.536(1) and 120.54 which
21  provide criteria and procedures for reviewing and approving
22  accrediting associations for participation in the Gold Seal
23  Quality Care program, conferring and revoking designations of
24  Gold Seal Quality Care providers, and classifying violations.
25         Section 2.  Subsection (13) of section 402.302, Florida
26  Statutes, is amended to read:
27         402.302  Definitions.--
28         (13)  "Screening" means the act of assessing the
29  background of child care personnel and volunteers and
30  includes, but is not limited to, employment history checks,
31  local criminal records checks through local law enforcement
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 1  agencies, fingerprinting for all purposes and checks in this
 2  subsection, statewide criminal records checks through the
 3  Department of Law Enforcement, and federal criminal records
 4  checks through the Federal Bureau of Investigation; except
 5  that screening for volunteers included under the definition of
 6  personnel includes only local criminal records checks through
 7  local law enforcement agencies for current residence and
 8  residence immediately prior to employment as a volunteer, if
 9  different, and statewide criminal records correspondence
10  checks through the Department of Law Enforcement.
11         Section 3.  Section 402.310, Florida Statutes, is
12  amended to read:
13         402.310  Disciplinary actions; hearings upon denial,
14  suspension, or revocation of license or registration;
15  administrative fines.--
16         (1)(a)  The department or local licensing agency may
17  administer any of the following disciplinary sanctions for a
18  violation of any provision of ss. 402.301-402.319, or the
19  rules adopted thereunder: deny, suspend, or revoke a license
20  or
21         1.  Impose an administrative fine not to exceed $100
22  per violation, per day, for the violation of any provision of
23  ss. 402.301-402.319 or rules adopted thereunder. However, if
24  where the violation could or does cause death or serious harm,
25  the department or local licensing agency may impose an
26  administrative fine, not to exceed $500 per violation per day
27  in addition to or in lieu of any other disciplinary action
28  imposed under this section.
29         2.  Deny, suspend, or revoke a license or registration.
30  
31  
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 1         (b)  In determining the appropriate disciplinary action
 2  to be taken for a violation as provided in paragraph (a), the
 3  following factors shall be considered:
 4         1.  The severity of the violation, including the
 5  probability that death or serious harm to the health or safety
 6  of any person will result or has resulted, the severity of the
 7  actual or potential harm, and the extent to which the
 8  provisions of ss. 402.301-402.319 have been violated.
 9         2.  Actions taken by the licensee or registrant to
10  correct the violation or to remedy complaints.
11         3.  Any previous violations of the licensee or
12  registrant.
13         (2)  When the department has reasonable cause to
14  believe that grounds exist for the denial, suspension, or
15  revocation of a license or registration or the imposition of
16  an administrative fine exist, it shall determine the matter in
17  accordance with procedures prescribed in chapter 120. When the
18  local licensing agency has reasonable cause to believe that
19  grounds exist for the denial, suspension, or revocation of a
20  license or registration or the imposition of an administrative
21  fine exist, it shall notify the applicant, registrant, or
22  licensee in writing, stating the grounds upon which the
23  license or registration is being denied, suspended, or revoked
24  or an administrative fine is being imposed. If the applicant,
25  registrant, or licensee makes no written request for a hearing
26  to the local licensing agency within 15 days from receipt of
27  such notice, the license or registration shall be deemed
28  denied, suspended, or revoked or an administrative fine shall
29  be imposed.
30         (3)  If a request for a hearing is made to the local
31  licensing agency, a hearing shall be held within 30 days and
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 1  shall be conducted by an individual designated by the county
 2  commission.
 3         (4)  An applicant, registrant, or licensee shall have
 4  the right to appeal a decision of the local licensing agency
 5  to a representative of the department. Any required hearing
 6  shall be held in the county in which the child care facility,
 7  family day care home, or large family child care home is being
 8  operated or is to be established. The hearing shall be
 9  conducted in accordance with the provisions of chapter 120.
10         Section 4.  Paragraphs (b), (c), and (d) of subsection
11  (1) and subsection (13) of section 402.313, Florida Statutes,
12  are amended to read:
13         402.313  Family day care homes.--
14         (1)  Family day care homes shall be licensed under this
15  act if they are presently being licensed under an existing
16  county licensing ordinance, if they are participating in the
17  subsidized child care program, or if the board of county
18  commissioners passes a resolution that family day care homes
19  be licensed.  If no county authority exists for the licensing
20  of a family day care home, the department shall have the
21  authority to license family day care homes under contract for
22  the purchase-of-service system in the subsidized child care
23  program.
24         (b)  The department or local licensing agency may
25  impose an administrative fine, not to exceed $100, for failure
26  to comply with licensure or registration requirements.
27         (b)(c)  A family day care home not participating in the
28  subsidized child care program may volunteer to be licensed
29  under the provisions of this act.
30         (c)(d)  The department may provide technical assistance
31  to counties and family day care home providers to enable
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 1  counties and family day care providers to achieve compliance
 2  with family day care homes standards.
 3         (13)  The department shall, by rule, establish minimum
 4  standards for family day care homes that are required to be
 5  licensed by county licensing ordinance or county licensing
 6  resolution or that voluntarily choose to be licensed. The
 7  standards should include requirements for staffing, training,
 8  maintenance of immunization records, minimum health and safety
 9  standards, reduced standards for the regulation of child care
10  during evening hours by municipalities and counties, and
11  enforcement of standards.
12         Section 5.  Subsection (1) of section 402.3131, Florida
13  Statutes, is amended to read:
14         402.3131  Large family child care homes.--
15         (1)  Large family child care homes shall be licensed
16  under this section.
17         (a)  The department or local licensing agency may
18  impose an administrative fine, not to exceed $1,000, for
19  failure to comply with licensure requirements.
20         (a)(b)  A licensed family day care home must first have
21  operated for a minimum of 2 consecutive years, with an
22  operator who has had a child development associate credential
23  or its equivalent for 1 year, before seeking licensure as a
24  large family child care home.
25         (b)(c)  The department may provide technical assistance
26  to counties and family day care home providers to enable the
27  counties and providers to achieve compliance with minimum
28  standards for large family child care homes.
29         Section 6.  Section 402.3017, Florida Statutes, is
30  renumbered as section 411.0103, Florida Statutes, and amended
31  to read:
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 1         411.0103 402.3017  Teacher Education and Compensation
 2  Helps (TEACH) scholarship program.--
 3         (1)  The Legislature finds that the level of early
 4  child care teacher education and training is a key predictor
 5  for determining program quality. The Legislature also finds
 6  that low wages for child care workers prevent many from
 7  obtaining increased training and education and contribute to
 8  high turnover rates. The Legislature therefore intends to help
 9  fund a program which links teacher training and education to
10  compensation and commitment to the field of early childhood
11  education.
12         (2)  The Agency for Workforce Innovation may Department
13  of Children and Family Services is authorized to contract for
14  the administration of the Teacher Education and Compensation
15  Helps (TEACH) scholarship program, which provides educational
16  scholarships to caregivers and administrators of early
17  childhood programs, family day care homes, and large family
18  child care homes.
19         (3)  The agency department shall adopt rules under ss.
20  120.536(1) and 120.54 as necessary to administer implement
21  this section.
22         (4)  For the 2005-2006 fiscal year only, the Agency for
23  Workforce Innovation shall administer this section. This
24  subsection expires July 1, 2006.
25         Section 7.  Section 402.309, Florida Statutes, is
26  amended to read:
27         402.309  Provisional license or registration.--
28         (1)  The local licensing agency or the department,
29  whichever is authorized to license child care facilities in a
30  county, may issue a provisional license for child care
31  facilities, family day care homes, or large family child care
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 1  homes, or a provisional registration for family day care homes
 2  to applicants for an initial a license or registration or to
 3  licensees or registrants seeking a renewal who are unable to
 4  meet conform to all the standards provided for in ss.
 5  402.301-402.319.
 6         (2)  A No provisional license or registration may not
 7  be issued unless the operator or owner makes adequate
 8  provisions for the health and safety of the child. A
 9  provisional license may be issued for a child care facility if
10  all of the screening materials have been timely submitted.;
11  however, A provisional license or registration may not be
12  issued unless the child care facility, family day care home,
13  or large family child care home is in compliance with the
14  requirements for screening of child care personnel in ss.
15  402.305, and 402.3055, 402.313, and 402.3131, respectively.
16         (3)  The provisional license or registration may not
17  shall in no event be issued for a period that exceeds in
18  excess of 6 months; however, it may be renewed one time for a
19  period that may not exceed in excess of 6 months under unusual
20  circumstances beyond the control of the applicant.
21         (4)  The provisional license or registration may be
22  suspended or revoked if periodic inspection or review made by
23  the local licensing agency or the department indicates that
24  insufficient progress has been made toward compliance.
25         (5)  The department shall adopt rules specifying the
26  conditions and procedures under which a provisional license or
27  registration may be issued, suspended, or revoked.
28         Section 8.  Section 402.317, Florida Statutes, is
29  created to read:
30         402.317  Prolonged child care.--Notwithstanding the
31  time restriction specified in s. 402.302(1), child care may be
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 1  provided for 24 hours or longer for a child whose parent or
 2  legal guardian works a shift of 24 hours or more. The
 3  requirement that a parent or legal guardian work a shift of 24
 4  hours or more must be certified in writing by the employer,
 5  and the written certification shall be maintained in the
 6  facility by the child care provider and made available to the
 7  licensing agency. The time that a child remains in child care,
 8  however, may not exceed 72 consecutive hours in any 7-day
 9  period. During a declared state of emergency, the child care
10  licensing agency may temporarily waive the time limitations
11  provided in this section.
12         Section 9.  This act shall take effect July 1, 2006.
13  
14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                             SB 1510
16                                 
17  Requires rather than authorizes the Department of Children and
    Family Services (DCF) to adopt rules relating to the Gold Seal
18  Quality Care program;
19  Authorizes the Agency for Workforce Innovation to administer
    the Teacher Education and Compensation Helps (TEACH) program;
20  
    Authorizes DCF to issue provisional registrations for
21  identified child care facilities and to suspend or revoke
    these registrations under specified circumstances;
22  
    Requires DCF to adopt rules relating to provisional licenses
23  and registrations of child care facilities;
24  Creates s. 402.317, F.S., authorizing the provision of child
    care for a period longer than otherwise authorized if a parent
25  or legal guardian works a shift of 24 hours or more.
26  
27  
28  
29  
30  
31  
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