HB 1049

A bill to be entitled
2An act relating to Pinellas County; amending chapter 61-
32681, Laws of Florida, as amended; redefining the term
4"family day care home" and defining the term "large family
5child care home"; revising and providing requirements for
6licensing and regulating such homes; providing an
7effective date.
9Be It Enacted by the Legislature of the State of Florida:
11     Section 1.  Subsection (5) of section 2 of chapter 61-2681,
12Laws of Florida, as amended by chapters 70-893 and 2007-277,
13Laws of Florida, is amended to read:
14     Section 2.  Definitions; capacity and time limitations.-
15     (5)(a)  A "family child care home" or "family day care
16home" means an occupied a facility for child care in a place of
17residence in which child care is regularly provided for children
18from at least two unrelated households, with or without
19compensation. A family child care home shall be allowed to
20provide care for one of the following groups of children, which
21shall include household preschool-aged children, whether present
22or not, and household school-aged children under 13 years of
23age, when on the premises of the family child care home or on a
24field trip with children enrolled in care:
25     1.  A maximum of six children, if no more than three of
26those children are under 18 months of age.
27     2.  A maximum of eight children, if no more than five of
28those children are preschool aged, and of those five, no more
29than three are under 18 months of age, and of those three, no
30more than two are under 12 months of age of a family, person, or
31persons who receive no more than four (4) children under
32seventeen (17) years of age away from their own homes who are
33not related to such person or persons by blood, marriage, or
34adoption, for the purpose of providing family care and training
35for such children. No more than three (3) of the four (4)
36children may be under two (2) years of age. This term shall not
37be construed to include children above first grade level except
38in homes where children below first grade level are also
39received for care.
40     (b)  A "large family child care home" means a home that is
41licensed under section 402.3131, Florida Statutes. A "large
42family child care home" means an occupied residence in which
43child care is regularly provided for children, with or without
44compensation, from at least two unrelated households and which
45has at least two full-time child care personnel on the premises
46during the hours of operation. One of the two full-time child
47care personnel must be the operator or the operator's
48substitute. A large family child care home must first have
49operated as a licensed family child care home for 2 consecutive
50years, with an operator who has had a child development
51associate credential or its equivalent for 1 year, before
52seeking licensure as a large family child care home. The 2
53consecutive years of operation as a licensed family child care
54home must have been in this state and within 5 years before the
55date of application to operate a large family child care home. A
56large family child care home shall be allowed to provide care
57for one of the following groups of children, which shall include
58those children under 13 years of age who are related to the
60     1.  A maximum of eight children from birth to 24 months of
62     2.  A maximum of twelve children, with no more than four
63children under 24 months of age.
65A large family child care home must meet and comply with this
66paragraph at all times unless there is an insufficient number of
67children in care to meet the definition of a large family child
68care home, in which case additional personnel are not required.
69     (c)(b)  Child care may be provided for 24 hours or longer
70for a child whose parent or legal guardian works a shift of 24
71hours or more. The requirement that a parent or legal guardian
72work a shift of 24 hours or more must be certified in writing by
73the employer, and the written certification must be maintained
74in the facility by the child care provider and made available to
75the license board and the state child care licensing agency. The
76time that a child remains in child care, however, may not exceed
7772 consecutive hours in any 7-day period. During a declared
78state of emergency, the license board or the state child care
79licensing agency may temporarily waive the time limitations
80provided in this paragraph.
81     Section 2.  This act shall take effect July 1, 2011.

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