Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 364
       
       
       
       
       
       
                                Barcode 790250                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/03/2011 03:40 PM       .                                
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       Senator Latvala moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (4) of section
    6  402.281, Florida Statutes, is amended to read:
    7         402.281 Gold Seal Quality Care program.—
    8         (4) In order to obtain and maintain a designation as a Gold
    9  Seal Quality Care provider, a child care facility, large family
   10  child care home, or family day care home must meet the following
   11  additional criteria:
   12         (c) The child care provider must not have been cited for
   13  the same class III violation, as defined by rule, three or more
   14  times and failed to correct the violation within 1 year after
   15  the date of each citation, within the 2 years preceding its
   16  application for designation as a Gold Seal Quality Care
   17  provider. Commission of the same class III violation three or
   18  more times and failure to correct within the required time
   19  during a 2-year period may shall be grounds for termination of
   20  the designation as a Gold Seal Quality Care provider until the
   21  provider has no class III violations for a period of 1 year.
   22         Section 2. Section 402.302, Florida Statutes, is amended to
   23  read:
   24         402.302 Definitions.—As used in this chapter, the term:
   25         (1) “Child care” means the care, protection, and
   26  supervision of a child, for a period of less than 24 hours a day
   27  on a regular basis, which supplements parental care, enrichment,
   28  and health supervision for the child, in accordance with his or
   29  her individual needs, and for which a payment, fee, or grant is
   30  made for care.
   31         (2) “Child care facility” includes any child care center or
   32  child care arrangement which provides child care for more than
   33  five children unrelated to the operator and which receives a
   34  payment, fee, or grant for any of the children receiving care,
   35  wherever operated, and whether or not operated for profit. The
   36  following are not included:
   37         (a) Public schools and nonpublic schools and their integral
   38  programs, except as provided in s. 402.3025;
   39         (b) Summer camps having children in full-time residence;
   40         (c) Summer day camps;
   41         (d) Bible schools normally conducted during vacation
   42  periods; and
   43         (e) Operators of transient establishments, as defined in
   44  chapter 509, which provide child care services solely for the
   45  guests of their establishment or resort, provided that all child
   46  care personnel of the establishment are screened according to
   47  the level 2 screening requirements of chapter 435.
   48         (3) “Child care personnel” means all owners, operators,
   49  employees, and volunteers working in a child care facility. The
   50  term does not include persons who work in a child care facility
   51  after hours when children are not present or parents of children
   52  in a child care facility. For purposes of screening, the term
   53  includes any member, over the age of 12 years, of a child care
   54  facility operator’s family, or person, over the age of 12 years,
   55  residing with a child care facility operator if the child care
   56  facility is located in or adjacent to the home of the operator
   57  or if the family member of, or person residing with, the child
   58  care facility operator has any direct contact with the children
   59  in the facility during its hours of operation. Members of the
   60  operator’s family or persons residing with the operator who are
   61  between the ages of 12 years and 18 years are not required to be
   62  fingerprinted but must be screened for delinquency records. For
   63  purposes of screening, the term also includes persons who work
   64  in child care programs that provide care for children 15 hours
   65  or more each week in public or nonpublic schools, family day
   66  care homes, or programs otherwise exempted under s. 402.316. The
   67  term does not include public or nonpublic school personnel who
   68  are providing care during regular school hours, or after hours
   69  for activities related to a school’s program for grades
   70  kindergarten through 12. A volunteer who assists on an
   71  intermittent basis for less than 10 hours per month is not
   72  included in the term “personnel” for the purposes of screening
   73  and training if a person who meets the screening requirement of
   74  s. 402.305(2) is always present and has the volunteer in his or
   75  her line of sight. Students who observe and participate in a
   76  child care facility as a part of their required coursework are
   77  not considered child care personnel, provided such observation
   78  and participation are on an intermittent basis and a person who
   79  meets the screening requirement of s. 402.305(2) is always
   80  present and has the student in his or her line of sight.
   81         (4) “Child welfare provider” means a licensed child-caring
   82  or child-placing agency.
   83         (5) “Department” means the Department of Children and
   84  Family Services.
   85         (6) “Drop-in child care” means child care provided
   86  occasionally in a child care facility in a shopping mall or
   87  business establishment where a child is in care for no more than
   88  a 4-hour period and the parent remains on the premises of the
   89  shopping mall or business establishment at all times. Drop-in
   90  child care arrangements shall meet all requirements for a child
   91  care facility unless specifically exempted.
   92         (7) “Evening child care” means child care provided during
   93  the evening hours and may encompass the hours of 6:00 p.m. to
   94  7:00 a.m. to accommodate parents who work evenings and late
   95  night shifts.
   96         (8) “Family day care home” means an occupied residence in
   97  which child care is regularly provided for children from at
   98  least two unrelated families and which receives a payment, fee,
   99  or grant for any of the children receiving care, whether or not
  100  operated for profit. Household children under 13 years of age,
  101  when on the premises of the family day care home or on a field
  102  trip with children enrolled in child care, shall be included in
  103  the overall capacity of the licensed home. A family day care
  104  home shall be allowed to provide care for one of the following
  105  groups of children, which shall include household those children
  106  under 13 years of age who are related to the caregiver:
  107         (a) A maximum of four children from birth to 12 months of
  108  age.
  109         (b) A maximum of three children from birth to 12 months of
  110  age, and other children, for a maximum total of six children.
  111         (c) A maximum of six preschool children if all are older
  112  than 12 months of age.
  113         (d) A maximum of 10 children if no more than 5 are
  114  preschool age and, of those 5, no more than 2 are under 12
  115  months of age.
  116         (9) “Household children” means children who are related by
  117  blood, marriage, or legal adoption to, or who are the legal
  118  wards of, the family day care home operator, the large family
  119  child care home operator, or an adult household member who
  120  permanently or temporarily resides in the home. Supervision of
  121  the operator’s household children shall be left to the
  122  discretion of the operator unless those children receive
  123  subsidized child care through the School Readiness Program
  124  pursuant to s. 411.0101 to be in the home.
  125         (10) “Indoor recreational facility” means an indoor
  126  commercial facility which is established for the primary purpose
  127  of entertaining children in a planned fitness environment
  128  through equipment, games, and activities in conjunction with
  129  food service and which provides child care for a particular
  130  child no more than 4 hours on any one day. An indoor
  131  recreational facility must be licensed as a child care facility
  132  under s. 402.305, but is exempt from the minimum outdoor-square
  133  footage-per-child requirement specified in that section, if the
  134  indoor recreational facility has, at a minimum, 3,000 square
  135  feet of usable indoor floor space.
  136         (11)(9) “Large family child care home” means an occupied
  137  residence in which child care is regularly provided for children
  138  from at least two unrelated families, which receives a payment,
  139  fee, or grant for any of the children receiving care, whether or
  140  not operated for profit, and which has at least two full-time
  141  child care personnel on the premises during the hours of
  142  operation. One of the two full-time child care personnel must be
  143  the owner or occupant of the residence. A large family child
  144  care home must first have operated as a licensed family day care
  145  home for 2 years, with an operator who has had a child
  146  development associate credential or its equivalent for 1 year,
  147  before seeking licensure as a large family child care home.
  148  Household children under 13 years of age, when on the premises
  149  of the large family child care home or on a field trip with
  150  children enrolled in child care, shall be included in the
  151  overall capacity of the licensed home. A large family child care
  152  home shall be allowed to provide care for one of the following
  153  groups of children, which shall include household those children
  154  under 13 years of age who are related to the caregiver:
  155         (a) A maximum of 8 children from birth to 24 months of age.
  156         (b) A maximum of 12 children, with no more than 4 children
  157  under 24 months of age.
  158         (12)(11) “Local licensing agency” means any agency or
  159  individual designated by the county to license child care
  160  facilities.
  161         (13)(12) “Operator” means any onsite person ultimately
  162  responsible for the overall operation of a child care facility,
  163  whether or not he or she is the owner or administrator of such
  164  facility.
  165         (14)(13) “Owner” means the person who is licensed to
  166  operate the child care facility.
  167         (15)(14) “Screening” means the act of assessing the
  168  background of child care personnel and volunteers and includes,
  169  but is not limited to, employment history checks, local criminal
  170  records checks through local law enforcement agencies,
  171  fingerprinting for all purposes and checks in this subsection,
  172  statewide criminal records checks through the Department of Law
  173  Enforcement, and federal criminal records checks through the
  174  Federal Bureau of Investigation.
  175         (16)(15) “Secretary” means the Secretary of Children and
  176  Family Services.
  177         (17)(16) “Substantial compliance” means that level of
  178  adherence which is sufficient to safeguard the health, safety,
  179  and well-being of all children under care. Substantial
  180  compliance is greater than minimal adherence but not to the
  181  level of absolute adherence. Where a violation or variation is
  182  identified as the type which impacts, or can be reasonably
  183  expected within 90 days to impact, the health, safety, or well
  184  being of a child, there is no substantial compliance.
  185         (18)(17) “Weekend child care” means child care provided
  186  between the hours of 6 p.m. on Friday and 6 a.m. on Monday.
  187         Section 3. Section 402.318, Florida Statutes, is amended to
  188  read:
  189         402.318 Advertisement.—A No person, as defined in s.
  190  1.01(3), may not shall advertise a child care facility, family
  191  day care home, or large family child care home without including
  192  within such advertisement the state or local agency license
  193  number or registration number of such facility or home.
  194  Violation of this section is a misdemeanor of the first degree,
  195  punishable as provided in s. 775.082 or s. 775.083.
  196         Section 4. Paragraph (c) of subsection (5) of section
  197  411.01, Florida Statutes, is amended to read:
  198         411.01 School readiness programs; early learning
  199  coalitions.—
  200         (5) CREATION OF EARLY LEARNING COALITIONS.—
  201         (c) Program expectations.—
  202         1. The school readiness program must meet the following
  203  expectations:
  204         a. The program must, at a minimum, enhance the age
  205  appropriate progress of each child in attaining the performance
  206  standards and outcome measures adopted by the Agency for
  207  Workforce Innovation.
  208         b. The program must provide extended-day and extended-year
  209  services to the maximum extent possible without compromising the
  210  quality of the program to meet the needs of parents who work.
  211         c. The program must provide a coordinated professional
  212  development system that supports the achievement and maintenance
  213  of core competencies by school readiness instructors in helping
  214  children attain the performance standards and outcome measures
  215  adopted by the Agency for Workforce Innovation.
  216         d. There must be expanded access to community services and
  217  resources for families to help achieve economic self
  218  sufficiency.
  219         e. There must be a single point of entry and unified
  220  waiting list. As used in this sub-subparagraph, the term “single
  221  point of entry” means an integrated information system that
  222  allows a parent to enroll his or her child in the school
  223  readiness program at various locations throughout a county, that
  224  may allow a parent to enroll his or her child by telephone or
  225  through an Internet website, and that uses a unified waiting
  226  list to track eligible children waiting for enrollment in the
  227  school readiness program. The Agency for Workforce Innovation
  228  shall establish through technology a single statewide
  229  information system that each coalition must use for the purposes
  230  of managing the single point of entry, tracking children’s
  231  progress, coordinating services among stakeholders, determining
  232  eligibility, tracking child attendance, and streamlining
  233  administrative processes for providers and early learning
  234  coalitions.
  235         f. The Agency for Workforce Innovation must consider the
  236  access of eligible children to the school readiness program, as
  237  demonstrated in part by waiting lists, before approving a
  238  proposed increase in payment rates submitted by an early
  239  learning coalition. In addition, early learning coalitions shall
  240  use school readiness funds made available due to enrollment
  241  shifts from school readiness programs to the Voluntary
  242  Prekindergarten Education Program for increasing the number of
  243  children served in school readiness programs before increasing
  244  payment rates.
  245         g. The program must meet all state licensing guidelines,
  246  where applicable.
  247         h. The program must ensure that minimum standards for child
  248  discipline practices are age-appropriate. Such standards must
  249  provide that children not be subjected to discipline that is
  250  severe, humiliating, or frightening or discipline that is
  251  associated with food, rest, or toileting. Spanking or any other
  252  form of physical punishment is prohibited.
  253         2. Each early learning coalition must implement a
  254  comprehensive program of school readiness services in accordance
  255  with the rules adopted by the agency which enhance the
  256  cognitive, social, and physical development of children to
  257  achieve the performance standards and outcome measures. At a
  258  minimum, these programs must contain the following system
  259  support service elements:
  260         a. Developmentally appropriate curriculum designed to
  261  enhance the age-appropriate progress of children in attaining
  262  the performance standards adopted by the Agency for Workforce
  263  Innovation under subparagraph (4)(d)8.
  264         b. A character development program to develop basic values.
  265         c. An age-appropriate screening of each child’s
  266  development.
  267         d. An age-appropriate assessment administered to children
  268  when they enter a program and an age-appropriate assessment
  269  administered to children when they leave the program.
  270         e. An appropriate staff-to-children ratio, pursuant to s.
  271  402.305(4) or s. 402.302(8) or (11)(7) or (8), as applicable,
  272  and as verified pursuant to s. 402.311.
  273         f. A healthy and safe environment pursuant to s.
  274  401.305(5), (6), and (7), as applicable, and as verified
  275  pursuant to s. 402.311.
  276         g. A resource and referral network established under s.
  277  411.0101 to assist parents in making an informed choice and a
  278  regional Warm-Line under s. 411.01015.
  279  
  280  The Agency for Workforce Innovation, the Department of
  281  Education, and early learning coalitions shall coordinate with
  282  the Child Care Services Program Office of the Department of
  283  Children and Family Services to minimize duplicating interagency
  284  activities pertaining to acquiring and composing data for child
  285  care training and credentialing.
  286         Section 5. This act shall take effect July 1, 2011.
  287  
  288  ================= T I T L E A M E N D M E N T ================
  289  And the title is amended as follows:
  290  
  291         Delete everything before the enacting clause
  292  and insert:
  293                        A bill to be entitled                      
  294         An act relating to child care facilities; amending s.
  295         402.281, F.S.; revising the criteria for a child care
  296         facility, large family child care home, or family day
  297         care home to obtain and maintain a designation as a
  298         Gold Seal Quality Care provider; amending s. 402.302,
  299         F.S.; revising and providing definitions; providing
  300         for certain household children to be included in
  301         calculations regarding the capacity of licensed family
  302         day care homes and large family child care homes;
  303         providing conditions for supervision of household
  304         children of operators of family day care homes and
  305         large family child care homes; amending s. 402.318,
  306         F.S.; revising advertising requirements applicable to
  307         child care facilities; providing penalties; amending
  308         s. 411.01, F.S.; conforming a cross-reference;
  309         providing an effective date.