Florida Senate - 2011                                     SB 364
       
       
       
       By Senator Latvala
       
       
       
       
       16-00493A-11                                           2011364__
    1                        A bill to be entitled                      
    2         An act relating to child care facilities; amending s.
    3         402.302, F.S.; revising and providing definitions;
    4         providing for certain household children to be
    5         included in calculations regarding the capacity of
    6         licensed family day care homes and large family child
    7         care homes; providing conditions for supervision of
    8         household children of operators of family day care
    9         homes and large family child care homes; amending s.
   10         402.318, F.S.; revising advertising requirements
   11         applicable to child care facilities; providing
   12         penalties; authorizing a cause of action against an
   13         unlicensed or unregistered individual if certain
   14         advertising requirements are not met; authorizing the
   15         award of attorney’s fees and costs under certain
   16         conditions; amending s. 411.01, F.S., relating to
   17         school readiness programs; conforming a cross
   18         reference; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. 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 to be in the home.
  124         (10)(9) “Large family child care home” means an occupied
  125  residence in which child care is regularly provided for children
  126  from at least two unrelated families, which receives a payment,
  127  fee, or grant for any of the children receiving care, whether or
  128  not operated for profit, and which has at least two full-time
  129  child care personnel on the premises during the hours of
  130  operation. One of the two full-time child care personnel must be
  131  the owner or occupant of the residence. A large family child
  132  care home must first have operated as a licensed family day care
  133  home for 2 years, with an operator who has had a child
  134  development associate credential or its equivalent for 1 year,
  135  before seeking licensure as a large family child care home.
  136  Household children under 13 years of age, when on the premises
  137  of the large family child care home or on a field trip with
  138  children enrolled in child care, shall be included in the
  139  overall capacity of the licensed home. A large family child care
  140  home shall be allowed to provide care for one of the following
  141  groups of children, which shall include household those children
  142  under 13 years of age who are related to the caregiver:
  143         (a) A maximum of 8 children from birth to 24 months of age.
  144         (b) A maximum of 12 children, with no more than 4 children
  145  under 24 months of age.
  146         (11)(10) “Indoor recreational facility” means an indoor
  147  commercial facility which is established for the primary purpose
  148  of entertaining children in a planned fitness environment
  149  through equipment, games, and activities in conjunction with
  150  food service and which provides child care for a particular
  151  child no more than 4 hours on any one day. An indoor
  152  recreational facility must be licensed as a child care facility
  153  under s. 402.305, but is exempt from the minimum outdoor-square
  154  footage-per-child requirement specified in that section, if the
  155  indoor recreational facility has, at a minimum, 3,000 square
  156  feet of usable indoor floor space.
  157         (12)(11) “Local licensing agency” means any agency or
  158  individual designated by the county to license child care
  159  facilities.
  160         (13)(12) “Operator” means any onsite person ultimately
  161  responsible for the overall operation of a child care facility,
  162  whether or not he or she is the owner or administrator of such
  163  facility.
  164         (14)(13) “Owner” means the person who is licensed to
  165  operate the child care facility.
  166         (15)(14) “Screening” means the act of assessing the
  167  background of child care personnel and volunteers and includes,
  168  but is not limited to, employment history checks, local criminal
  169  records checks through local law enforcement agencies,
  170  fingerprinting for all purposes and checks in this subsection,
  171  statewide criminal records checks through the Department of Law
  172  Enforcement, and federal criminal records checks through the
  173  Federal Bureau of Investigation.
  174         (16)(15) “Secretary” means the Secretary of Children and
  175  Family Services.
  176         (17)(16) “Substantial compliance” means that level of
  177  adherence which is sufficient to safeguard the health, safety,
  178  and well-being of all children under care. Substantial
  179  compliance is greater than minimal adherence but not to the
  180  level of absolute adherence. Where a violation or variation is
  181  identified as the type which impacts, or can be reasonably
  182  expected within 90 days to impact, the health, safety, or well
  183  being of a child, there is no substantial compliance.
  184         (18)(17) “Weekend child care” means child care provided
  185  between the hours of 6 p.m. on Friday and 6 a.m. on Monday.
  186         Section 2. Section 402.318, Florida Statutes, is amended to
  187  read:
  188         402.318 Advertisement.—
  189         (1)A No person, as defined in s. 1.01(3), may not shall
  190  advertise or publish an advertisement for a child care facility,
  191  family day care home, or large family child care home without
  192  including within such advertisement the state or local agency
  193  license number or registration number of such facility or home.
  194  Violation of this subsection section is a misdemeanor of the
  195  first degree, punishable as provided in s. 775.082 or s.
  196  775.083.
  197         (2) An individual or local licensing agency has a cause of
  198  action against an unlicensed or unregistered individual who
  199  violates subsection (1). The court shall award the prevailing
  200  party reasonable attorney’s fees and costs incurred in
  201  connection with a claim filed under this section.
  202         Section 3. Paragraph (c) of subsection (5) of section
  203  411.01, Florida Statutes, is amended to read:
  204         411.01 School readiness programs; early learning
  205  coalitions.—
  206         (5) CREATION OF EARLY LEARNING COALITIONS.—
  207         (c) Program expectations.—
  208         1. The school readiness program must meet the following
  209  expectations:
  210         a. The program must, at a minimum, enhance the age
  211  appropriate progress of each child in attaining the performance
  212  standards and outcome measures adopted by the Agency for
  213  Workforce Innovation.
  214         b. The program must provide extended-day and extended-year
  215  services to the maximum extent possible without compromising the
  216  quality of the program to meet the needs of parents who work.
  217         c. The program must provide a coordinated professional
  218  development system that supports the achievement and maintenance
  219  of core competencies by school readiness instructors in helping
  220  children attain the performance standards and outcome measures
  221  adopted by the Agency for Workforce Innovation.
  222         d. There must be expanded access to community services and
  223  resources for families to help achieve economic self
  224  sufficiency.
  225         e. There must be a single point of entry and unified
  226  waiting list. As used in this sub-subparagraph, the term “single
  227  point of entry” means an integrated information system that
  228  allows a parent to enroll his or her child in the school
  229  readiness program at various locations throughout a county, that
  230  may allow a parent to enroll his or her child by telephone or
  231  through an Internet website, and that uses a unified waiting
  232  list to track eligible children waiting for enrollment in the
  233  school readiness program. The Agency for Workforce Innovation
  234  shall establish through technology a single statewide
  235  information system that each coalition must use for the purposes
  236  of managing the single point of entry, tracking children’s
  237  progress, coordinating services among stakeholders, determining
  238  eligibility, tracking child attendance, and streamlining
  239  administrative processes for providers and early learning
  240  coalitions.
  241         f. The Agency for Workforce Innovation must consider the
  242  access of eligible children to the school readiness program, as
  243  demonstrated in part by waiting lists, before approving a
  244  proposed increase in payment rates submitted by an early
  245  learning coalition. In addition, early learning coalitions shall
  246  use school readiness funds made available due to enrollment
  247  shifts from school readiness programs to the Voluntary
  248  Prekindergarten Education Program for increasing the number of
  249  children served in school readiness programs before increasing
  250  payment rates.
  251         g. The program must meet all state licensing guidelines,
  252  where applicable.
  253         h. The program must ensure that minimum standards for child
  254  discipline practices are age-appropriate. Such standards must
  255  provide that children not be subjected to discipline that is
  256  severe, humiliating, or frightening or discipline that is
  257  associated with food, rest, or toileting. Spanking or any other
  258  form of physical punishment is prohibited.
  259         2. Each early learning coalition must implement a
  260  comprehensive program of school readiness services in accordance
  261  with the rules adopted by the agency which enhance the
  262  cognitive, social, and physical development of children to
  263  achieve the performance standards and outcome measures. At a
  264  minimum, these programs must contain the following system
  265  support service elements:
  266         a. Developmentally appropriate curriculum designed to
  267  enhance the age-appropriate progress of children in attaining
  268  the performance standards adopted by the Agency for Workforce
  269  Innovation under subparagraph (4)(d)8.
  270         b. A character development program to develop basic values.
  271         c. An age-appropriate screening of each child’s
  272  development.
  273         d. An age-appropriate assessment administered to children
  274  when they enter a program and an age-appropriate assessment
  275  administered to children when they leave the program.
  276         e. An appropriate staff-to-children ratio, pursuant to s.
  277  402.305(4) or s. 402.302(8) or (10) s. 402.302(7) or (8), as
  278  applicable, and as verified pursuant to s. 402.311.
  279         f. A healthy and safe environment pursuant to s.
  280  401.305(5), (6), and (7), as applicable, and as verified
  281  pursuant to s. 402.311.
  282         g. A resource and referral network established under s.
  283  411.0101 to assist parents in making an informed choice and a
  284  regional Warm-Line under s. 411.01015.
  285  
  286  The Agency for Workforce Innovation, the Department of
  287  Education, and early learning coalitions shall coordinate with
  288  the Child Care Services Program Office of the Department of
  289  Children and Family Services to minimize duplicating interagency
  290  activities pertaining to acquiring and composing data for child
  291  care training and credentialing.
  292         Section 4. This act shall take effect July 1, 2011.