| 1 | A bill to be entitled |
| 2 | An act relating to the licensing and regulating of |
| 3 | children's centers and family day care homes in Pinellas |
| 4 | County; amending chapter 61-2681, Laws of Florida, as |
| 5 | amended; redefining the terms "children's center" and |
| 6 | "family day care home"; authorizing the provision of child |
| 7 | care for a period longer than otherwise authorized for a |
| 8 | child whose parent or legal guardian works a shift of 24 |
| 9 | hours or more; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsections (1), (5), and (6) of section 2 of |
| 14 | chapter 61-2681, Laws of Florida, as amended by section 1 of |
| 15 | chapter 70-893, Laws of Florida, are amended to read: |
| 16 | Section 2. Definitions.-- |
| 17 | (1) A children's center includes any day nursery, nursery |
| 18 | school, kindergarten, or other facility whatsoever which, with |
| 19 | or without compensation, cares for five (5) or more children |
| 20 | seventeen (17) years of age or under, not related to the |
| 21 | operator by blood, marriage, or adoption, away from the child's |
| 22 | own home for from two (2) to twelve (12) hours per day per |
| 23 | child. This term shall not be construed to include any center |
| 24 | under the jurisdiction of the state board of education or to |
| 25 | include any nonpublic academic school except in regard to |
| 26 | children below first grade level. |
| 27 | (5)(a) A family day care home means a facility for child |
| 28 | care in a place of residence of a family, person, or persons who |
| 29 | receive no more than four (4) children under seventeen (17) |
| 30 | years of age away from their own homes who are not related to |
| 31 | such person or persons by blood, marriage, or adoption, for the |
| 32 | purpose of providing family care and training for such children |
| 33 | for from two (2) to twelve (12) hours per day. No more than |
| 34 | three (3) of the four (4) children may be under two (2) years of |
| 35 | age. This term shall not be construed to include children above |
| 36 | first grade level except in homes where children below first |
| 37 | grade level are also received for care. |
| 38 | (b) Child care may be provided for 24 hours or longer for |
| 39 | a child whose parent or legal guardian works a shift of 24 hours |
| 40 | or more. The requirement that a parent or legal guardian work a |
| 41 | shift of 24 hours or more must be certified in writing by the |
| 42 | employer, and the written certification must be maintained in |
| 43 | the facility by the child care provider and made available to |
| 44 | the license board and the state child care licensing agency. The |
| 45 | time that a child remains in child care, however, may not exceed |
| 46 | 72 consecutive hours in any 7-day period. During a declared |
| 47 | state of emergency, the license board or the state child care |
| 48 | licensing agency may temporarily waive the time limitations |
| 49 | provided in this paragraph. Under special circumstances, family |
| 50 | day care homes may be licensed to care for children twenty-four |
| 51 | (24) hours a day. To fall under the administration of the |
| 52 | license board, these family day care homes may not receive |
| 53 | children from any licensed child-placing agencies. These family |
| 54 | day care homes shall meet the same minimum standards established |
| 55 | by the state welfare board for the care of children under |
| 56 | seventeen (17) years of age being cared for away from their own |
| 57 | parents or guardians, except where the requirements are in |
| 58 | conflict with this law or changed as provided herein. |
| 59 | (6) Children's centers licensed hereunder shall not |
| 60 | provide provided regular overnight care for children. Overnight |
| 61 | care on New Year's Eve and other similar occasions to be |
| 62 | specified by the license board for a number not in excess of the |
| 63 | total enrollment authorized on its license is permissive, |
| 64 | subject to the determination by the license board that such |
| 65 | overnight care is reasonable under the circumstances. |
| 66 | Section 2. This act shall take effect upon becoming a law. |