HB 1045

1	A bill to be entitled
2	An act relating to Palm Beach County; amending chapter 59-
3	1698, Laws of Florida, as amended; revising and providing
4	definitions; providing requirements for the operation and
5	licensing of large family child care homes; providing for
6	the issuance of provisional licenses to child care
7	facilities, large family child care homes, and family day
8	care homes; updating obsolete language; revising
9	requirements for Child Care Advisory Council membership;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Chapter 59-1698, Laws of Florida, as amended by
15	chapter 77-620, Laws of Florida, is amended to read:
16	Section 1.  DEFINITIONS.  The following words and phrases
17	shall mean:
18	1.a.  Children - Persons related to the operator of a
19	facility regulated under this act under 13 12 years of age, and
20	all other persons under 18 years of age.
21	b.  Child Boarding Homes - Any building or shelter in
22	which, for 24 hours per day, custodial care is rendered to one
23	to five children, inclusive, and which receives a payment, fee,
24	or grant for any of the children receiving care, whether or not
25	operating for profit, subject to the exemptions contained in
26	Section 12 hereof.
27	2.c.  Family Day Care Home Facilities - An occupied
28	residence Any building or shelter in which custodial care is
29	rendered to one to six five children, inclusive, for 2-24 hours
30	per day and for which the owner or operator receives a payment,
31	fee, or grant for any of the children receiving care, whether or
32	not operating for profit, subject to the exemptions contained in
33	Section 9 12.
34	3.  Large Family Child Care Home - An occupied residence in
35	which custodial care is regularly provided for children, and for
36	which the owner or operator receives a payment, fee, or grant
37	for any of the children receiving care, whether or not operated
38	for profit, and which has at least two full-time child care
39	personnel on the premises during the hours of operation. One of
40	the full-time child care personnel must be the owner or occupant
41	of the residence. A large family child care home must first have
42	operated as a licensed family day care home for 2 years, with an
43	operator who has had a child development associate credential or
44	its equivalent for 1 year, before seeking licensure as a large
45	family child care home. A large family child care home shall be
46	allowed to provide care for one of the following groups of
47	children, which shall include those children under 13 years of
48	age who are related to the caregiver:
49	a.  A maximum of eight children from birth to 24 months of
50	age.
51	b.  A maximum of 12 children with no more than four
52	children under 24 months of age.
53	4.d.  Child Care Facility Facilities - Any building or
54	shelter in which custodial care is rendered to six or more
55	children, and for which the owner or operator receives a
56	payment, fee, or grant for any of the children receiving care,
57	whether or not operating for profit, or which is held out to the
58	public to be an establishment which regularly provides child
59	custodial services.
60	Section 2.  PERMIT REQUIRED FOR ESTABLISHMENT, MAINTENANCE
61	AND OPERATION.  It shall be unlawful for any person, firm, or
62	corporation to establish, maintain, or operate in Palm Beach
63	County, Florida, a child care facility, large family child care
64	boarding home, or family day care home facility without first
65	obtaining a permit therefor from a board, to be designated as
66	the Child Care Facilities Board, and without permanently posting
67	such permit in the child care facility, large family child care
68	boarding home, or family day care home facility. Such Child Care
69	Facilities Board shall be composed of the Board of County
70	Commissioners of Palm Beach County, hereafter referred to as the
71	Board. The Chairman of the Board of County Commissioners of Palm
72	Beach County shall be the Chairman of the Child Care Facilities
73	Board, and the Board shall meet at least once every 3 three (3)
74	months at a time and place designated by the Board.
75	Section 3.  APPLICATION FOR PERMIT.  Application for a
76	permit to operate a child care facility, large family child care
77	boarding home, or family day care home facility shall be made to
78	the Board in writing, and on a form, and under regulations
79	prescribed by the Board. The application shall state the name
80	and address of the applicant, his or her occupational history
81	and qualifications, the type and location of proposed operation,
82	the number of persons to be accommodated, and such other
83	information the Board may require.
84	Section 4.  ISSUANCE OF LICENSE.
85	1.  The Director of the Palm Beach County Health Department
86	shall be charged with the administrative and financial
87	responsibility of carrying out the duties of the Board, and the
88	Director he or his or her representative shall inspect child
89	care facilities, large family child care boarding homes, and
90	family day care homes facilities as required by the Board. Said
91	Board, when satisfied that minimum standards are met, shall
92	issue a license in writing on a form prescribed by the Board.
93	Such license shall be valid for a period of 1 one year unless
94	revoked. It shall not be transferable or assignable.
95	2.  The Board may issue a provisional license for child
96	care facilities, large family child care homes, or family day
97	care homes. A provisional license shall not be issued for a
98	period that exceeds 6 months and may only be renewed by the
99	Board one time for a period not to exceed 6 months.
100	3.  A provisional license shall not be issued unless the
101	child care facility, large family child care home, or family day
102	care home is in compliance with the requirements for screening
103	of child care personnel and the requirements for ensuring the
104	health and safety of the children in care.
105	Section 5.  REVOCATION OF LICENSE.  The Board may revoke a
106	license if it finds that the operator has failed to comply with
107	any provisions of this Act, or of any rule or regulation issued
108	hereunder.
109	Section 6.  MINIMUM STANDARDS, REASONABLE RULES AND
110	REGULATIONS TO BE PRESCRIBED BY THE BOARD.
111	1.  The Board shall make, adopt promulgate, amend, and
112	repeal such rules and regulations as are necessary to protect
113	the health and safety of persons in child care facilities, large
114	family child care boarding homes, or family day care homes
115	facilities; prescribing standards for living quarters, including
116	provisions pertaining to sanitary conditions, light, air,
117	safety, protection from fire hazards, equipment, operation,
118	qualifications and number of staff, and such other matters as
119	may be appropriate to protect the life and health of the
120	occupants thereof. Standards established by rules and
121	regulations of the Board shall meet or exceed state minimum
122	standards, to wit: standards established by the Department of
123	Children and Family Health and Rehabilitative Services pursuant
124	to chapter 402, Florida Statutes.
125	2.  The Board may make, adopt promulgate, amend, and repeal
126	such rules and regulations as are necessary:
127	a.  To require facilities regulated hereunder to secure
128	liability insurance and set minimum limits and standards for
129	carriers; and,
130	b.  To establish fees for inspection and licensing under
131	this Act.
132
133	No such rules and regulations of the Board shall be adopted or
134	become effective until after a public hearing has been held by
135	the Board pursuant to at least one notice published in a
136	newspaper of general circulation in the County at least 10 ten
137	(10) days prior to the hearing. When approved by the Board and
138	filed with the Clerk of the County Commission, such rules and
139	regulations shall have the force and effect of law. Until the
140	Board adopts rules and regulations, the state standards
141	aforementioned shall apply to all facilities regulated by this
142	Act.
143	Section 7.  CHILD CARE ADVISORY COUNCIL.
144	1.  The Board shall appoint a Child Care Advisory Council
145	which shall be appointed by the Board of County Commissioners no
146	later than 60 sixty (60) days after the effective date of this
147	Act. Members of the Council shall serve at the pleasure of the
148	Board of County Commissioners. The Council shall be composed of
149	seven (7) members consisting of the following:
150	a.  Two (2) members who represent and operate as a private
151	enterprise a facility regulated hereunder, one of whom operates
152	a family day care home or large family child care home.
153	b.  One (1) member who represents and operates a parochial
154	facility regulated hereunder.
155	c.  One (1) member who represents a consumer protection
156	enforcement official.
157	d.  One (1) member for fire protection, engineering, or
158	technology.
159	e.  One (1) member who, at the time of appointment, is was
160	a parent of a child in a facility regulated hereunder.
161	f.  One (1) member who represents the Department of
162	Children and Family Health and Rehabilitative Services.
163	2.  The Council shall advise the Board and make
164	recommendations as to the issuance and revocation of licenses
165	and as to rules and regulations necessary to protect the health
166	and safety of persons in child care facilities, large family
167	child care boarding homes, or family day care homes facilities.
168	Section 8.  RIGHT OF ENTRY.  Members of the Board and its
169	representatives may enter and inspect child care facilities,
170	large family child care boarding homes, or family day care homes
171	facilities at reasonable hours, and may question such persons
172	and investigate such facts, conditions, and practices or matters
173	as may be necessary or appropriate to determine whether any
174	person has violated any provisions of this Act, or of any rule
175	or regulation issued hereunder.
176	Section 9.  EXEMPTIONS.  The provisions of this Act shall
177	not apply to any public or nonpublic school which is in
178	compliance with the compulsory school attendance law, chapter
179	232, Florida Statutes, any summer camp having children in full
180	time residence, summer day camp, or vacation Bible school, or
181	any foster home, home for mentally retarded or handicapped
182	children, juvenile detention facility, hospital, or other
183	similar institution otherwise regulated for health standards by
184	a governmental agency. However, this section shall not be deemed
185	to exempt institutions or facilities otherwise other wise
186	regulated by the Department of Children and Family Health and
187	Rehabilitative Services pursuant to s. 402.301, et seq., Florida
188	Statutes, as it may from time to time be amended or transferred.
189	Section 10.  CIVIL ENFORCEMENT.  Any violation of this Act
190	or the rules and regulations of the Board adopted promulgated
191	pursuant hereto shall be subject to enforcement by the Palm
192	Beach County Environmental Control Officer and the Palm Beach
193	County Environmental Control Act, chapter 70-862, Laws of
194	Florida, as amended, and as it may in the future be amended or
195	reenacted renacted.
196	Section 11.  CRIMINAL PENALTY.  Any person failing to
197	comply with the provisions of this Act is guilty of a
198	misdemeanor of the second degree punishable as provided by
199	general law.
200	Section 12.  ADVERTISING BY FACILITIES.  It shall be
201	unlawful for any person, persons, associations, partnerships,
202	corporations, or institutions to offer or advertise to the
203	public, in any way or by any medium whatsoever, large family
204	child care boarding home, family day care home, facility or
205	child care facility service without unless it has first having
206	secured a license under the provisions of this Act. All
207	advertisements advertising any such services shall include the
208	license number of the license issued pursuant to this Act.
209	Section 13.  SEVERABILITY.  If any provision of this Act,
210	or the application thereof to any person or circumstances, is
211	held invalid, such invalidity shall not affect other provisions
212	or applications of this Act which can be given effect without
213	the invalid provision or invalid application and to this end the
214	provisions of the Act are declared severable.
215	Section 2.  This act shall take effect upon becoming a law.

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