Florida Senate - 2011                              CS for SB 364
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Latvala
       
       
       
       586-02286-11                                           2011364c1
    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; amending s. 411.01, F.S., relating to
   13         school readiness programs; conforming a cross
   14         reference; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 402.302, Florida Statutes, is amended to
   19  read:
   20         402.302 Definitions.—As used in this chapter, the term:
   21         (1) “Child care” means the care, protection, and
   22  supervision of a child, for a period of less than 24 hours a day
   23  on a regular basis, which supplements parental care, enrichment,
   24  and health supervision for the child, in accordance with his or
   25  her individual needs, and for which a payment, fee, or grant is
   26  made for care.
   27         (2) “Child care facility” includes any child care center or
   28  child care arrangement which provides child care for more than
   29  five children unrelated to the operator and which receives a
   30  payment, fee, or grant for any of the children receiving care,
   31  wherever operated, and whether or not operated for profit. The
   32  following are not included:
   33         (a) Public schools and nonpublic schools and their integral
   34  programs, except as provided in s. 402.3025;
   35         (b) Summer camps having children in full-time residence;
   36         (c) Summer day camps;
   37         (d) Bible schools normally conducted during vacation
   38  periods; and
   39         (e) Operators of transient establishments, as defined in
   40  chapter 509, which provide child care services solely for the
   41  guests of their establishment or resort, provided that all child
   42  care personnel of the establishment are screened according to
   43  the level 2 screening requirements of chapter 435.
   44         (3) “Child care personnel” means all owners, operators,
   45  employees, and volunteers working in a child care facility. The
   46  term does not include persons who work in a child care facility
   47  after hours when children are not present or parents of children
   48  in a child care facility. For purposes of screening, the term
   49  includes any member, over the age of 12 years, of a child care
   50  facility operator’s family, or person, over the age of 12 years,
   51  residing with a child care facility operator if the child care
   52  facility is located in or adjacent to the home of the operator
   53  or if the family member of, or person residing with, the child
   54  care facility operator has any direct contact with the children
   55  in the facility during its hours of operation. Members of the
   56  operator’s family or persons residing with the operator who are
   57  between the ages of 12 years and 18 years are not required to be
   58  fingerprinted but must be screened for delinquency records. For
   59  purposes of screening, the term also includes persons who work
   60  in child care programs that provide care for children 15 hours
   61  or more each week in public or nonpublic schools, family day
   62  care homes, or programs otherwise exempted under s. 402.316. The
   63  term does not include public or nonpublic school personnel who
   64  are providing care during regular school hours, or after hours
   65  for activities related to a school’s program for grades
   66  kindergarten through 12. A volunteer who assists on an
   67  intermittent basis for less than 10 hours per month is not
   68  included in the term “personnel” for the purposes of screening
   69  and training if a person who meets the screening requirement of
   70  s. 402.305(2) is always present and has the volunteer in his or
   71  her line of sight. Students who observe and participate in a
   72  child care facility as a part of their required coursework are
   73  not considered child care personnel, provided such observation
   74  and participation are on an intermittent basis and a person who
   75  meets the screening requirement of s. 402.305(2) is always
   76  present and has the student in his or her line of sight.
   77         (4) “Child welfare provider” means a licensed child-caring
   78  or child-placing agency.
   79         (5) “Department” means the Department of Children and
   80  Family Services.
   81         (6) “Drop-in child care” means child care provided
   82  occasionally in a child care facility in a shopping mall or
   83  business establishment where a child is in care for no more than
   84  a 4-hour period and the parent remains on the premises of the
   85  shopping mall or business establishment at all times. Drop-in
   86  child care arrangements shall meet all requirements for a child
   87  care facility unless specifically exempted.
   88         (7) “Evening child care” means child care provided during
   89  the evening hours and may encompass the hours of 6:00 p.m. to
   90  7:00 a.m. to accommodate parents who work evenings and late
   91  night shifts.
   92         (8) “Family day care home” means an occupied residence in
   93  which child care is regularly provided for children from at
   94  least two unrelated families and which receives a payment, fee,
   95  or grant for any of the children receiving care, whether or not
   96  operated for profit. Household children under 13 years of age,
   97  when on the premises of the family day care home or on a field
   98  trip with children enrolled in child care, shall be included in
   99  the overall capacity of the licensed home. A family day care
  100  home shall be allowed to provide care for one of the following
  101  groups of children, which shall include household those children
  102  under 13 years of age who are related to the caregiver:
  103         (a) A maximum of four children from birth to 12 months of
  104  age.
  105         (b) A maximum of three children from birth to 12 months of
  106  age, and other children, for a maximum total of six children.
  107         (c) A maximum of six preschool children if all are older
  108  than 12 months of age.
  109         (d) A maximum of 10 children if no more than 5 are
  110  preschool age and, of those 5, no more than 2 are under 12
  111  months of age.
  112         (9) “Household children” means children who are related by
  113  blood, marriage, or legal adoption to, or who are the legal
  114  wards of, the family day care home operator, the large family
  115  child care home operator, or an adult household member who
  116  permanently or temporarily resides in the home. Supervision of
  117  the operator’s household children shall be left to the
  118  discretion of the operator unless those children receive
  119  subsidized child care to be in the home.
  120         (10)(9) “Large family child care home” means an occupied
  121  residence in which child care is regularly provided for children
  122  from at least two unrelated families, which receives a payment,
  123  fee, or grant for any of the children receiving care, whether or
  124  not operated for profit, and which has at least two full-time
  125  child care personnel on the premises during the hours of
  126  operation. One of the two full-time child care personnel must be
  127  the owner or occupant of the residence. A large family child
  128  care home must first have operated as a licensed family day care
  129  home for 2 years, with an operator who has had a child
  130  development associate credential or its equivalent for 1 year,
  131  before seeking licensure as a large family child care home.
  132  Household children under 13 years of age, when on the premises
  133  of the large family child care home or on a field trip with
  134  children enrolled in child care, shall be included in the
  135  overall capacity of the licensed home. A large family child care
  136  home shall be allowed to provide care for one of the following
  137  groups of children, which shall include household those children
  138  under 13 years of age who are related to the caregiver:
  139         (a) A maximum of 8 children from birth to 24 months of age.
  140         (b) A maximum of 12 children, with no more than 4 children
  141  under 24 months of age.
  142         (11)(10) “Indoor recreational facility” means an indoor
  143  commercial facility which is established for the primary purpose
  144  of entertaining children in a planned fitness environment
  145  through equipment, games, and activities in conjunction with
  146  food service and which provides child care for a particular
  147  child no more than 4 hours on any one day. An indoor
  148  recreational facility must be licensed as a child care facility
  149  under s. 402.305, but is exempt from the minimum outdoor-square
  150  footage-per-child requirement specified in that section, if the
  151  indoor recreational facility has, at a minimum, 3,000 square
  152  feet of usable indoor floor space.
  153         (12)(11) “Local licensing agency” means any agency or
  154  individual designated by the county to license child care
  155  facilities.
  156         (13)(12) “Operator” means any onsite person ultimately
  157  responsible for the overall operation of a child care facility,
  158  whether or not he or she is the owner or administrator of such
  159  facility.
  160         (14)(13) “Owner” means the person who is licensed to
  161  operate the child care facility.
  162         (15)(14) “Screening” means the act of assessing the
  163  background of child care personnel and volunteers and includes,
  164  but is not limited to, employment history checks, local criminal
  165  records checks through local law enforcement agencies,
  166  fingerprinting for all purposes and checks in this subsection,
  167  statewide criminal records checks through the Department of Law
  168  Enforcement, and federal criminal records checks through the
  169  Federal Bureau of Investigation.
  170         (16)(15) “Secretary” means the Secretary of Children and
  171  Family Services.
  172         (17)(16) “Substantial compliance” means that level of
  173  adherence which is sufficient to safeguard the health, safety,
  174  and well-being of all children under care. Substantial
  175  compliance is greater than minimal adherence but not to the
  176  level of absolute adherence. Where a violation or variation is
  177  identified as the type which impacts, or can be reasonably
  178  expected within 90 days to impact, the health, safety, or well
  179  being of a child, there is no substantial compliance.
  180         (18)(17) “Weekend child care” means child care provided
  181  between the hours of 6 p.m. on Friday and 6 a.m. on Monday.
  182         Section 2. Section 402.318, Florida Statutes, is amended to
  183  read:
  184         402.318 Advertisement.—A No person, as defined in s.
  185  1.01(3), may not shall advertise or publish an advertisement for
  186  a child care facility, family day care home, or large family
  187  child care home without including within such advertisement the
  188  state or local agency license number or registration number of
  189  such facility or home. Violation of this section is a
  190  misdemeanor of the first degree, punishable as provided in s.
  191  775.082 or s. 775.083.
  192         Section 3. Paragraph (c) of subsection (5) of section
  193  411.01, Florida Statutes, is amended to read:
  194         411.01 School readiness programs; early learning
  195  coalitions.—
  196         (5) CREATION OF EARLY LEARNING COALITIONS.—
  197         (c) Program expectations.—
  198         1. The school readiness program must meet the following
  199  expectations:
  200         a. The program must, at a minimum, enhance the age
  201  appropriate progress of each child in attaining the performance
  202  standards and outcome measures adopted by the Agency for
  203  Workforce Innovation.
  204         b. The program must provide extended-day and extended-year
  205  services to the maximum extent possible without compromising the
  206  quality of the program to meet the needs of parents who work.
  207         c. The program must provide a coordinated professional
  208  development system that supports the achievement and maintenance
  209  of core competencies by school readiness instructors in helping
  210  children attain the performance standards and outcome measures
  211  adopted by the Agency for Workforce Innovation.
  212         d. There must be expanded access to community services and
  213  resources for families to help achieve economic self
  214  sufficiency.
  215         e. There must be a single point of entry and unified
  216  waiting list. As used in this sub-subparagraph, the term “single
  217  point of entry” means an integrated information system that
  218  allows a parent to enroll his or her child in the school
  219  readiness program at various locations throughout a county, that
  220  may allow a parent to enroll his or her child by telephone or
  221  through an Internet website, and that uses a unified waiting
  222  list to track eligible children waiting for enrollment in the
  223  school readiness program. The Agency for Workforce Innovation
  224  shall establish through technology a single statewide
  225  information system that each coalition must use for the purposes
  226  of managing the single point of entry, tracking children’s
  227  progress, coordinating services among stakeholders, determining
  228  eligibility, tracking child attendance, and streamlining
  229  administrative processes for providers and early learning
  230  coalitions.
  231         f. The Agency for Workforce Innovation must consider the
  232  access of eligible children to the school readiness program, as
  233  demonstrated in part by waiting lists, before approving a
  234  proposed increase in payment rates submitted by an early
  235  learning coalition. In addition, early learning coalitions shall
  236  use school readiness funds made available due to enrollment
  237  shifts from school readiness programs to the Voluntary
  238  Prekindergarten Education Program for increasing the number of
  239  children served in school readiness programs before increasing
  240  payment rates.
  241         g. The program must meet all state licensing guidelines,
  242  where applicable.
  243         h. The program must ensure that minimum standards for child
  244  discipline practices are age-appropriate. Such standards must
  245  provide that children not be subjected to discipline that is
  246  severe, humiliating, or frightening or discipline that is
  247  associated with food, rest, or toileting. Spanking or any other
  248  form of physical punishment is prohibited.
  249         2. Each early learning coalition must implement a
  250  comprehensive program of school readiness services in accordance
  251  with the rules adopted by the agency which enhance the
  252  cognitive, social, and physical development of children to
  253  achieve the performance standards and outcome measures. At a
  254  minimum, these programs must contain the following system
  255  support service elements:
  256         a. Developmentally appropriate curriculum designed to
  257  enhance the age-appropriate progress of children in attaining
  258  the performance standards adopted by the Agency for Workforce
  259  Innovation under subparagraph (4)(d)8.
  260         b. A character development program to develop basic values.
  261         c. An age-appropriate screening of each child’s
  262  development.
  263         d. An age-appropriate assessment administered to children
  264  when they enter a program and an age-appropriate assessment
  265  administered to children when they leave the program.
  266         e. An appropriate staff-to-children ratio, pursuant to s.
  267  402.305(4) or s. 402.302(8) or (10) s. 402.302(7) or (8), as
  268  applicable, and as verified pursuant to s. 402.311.
  269         f. A healthy and safe environment pursuant to s.
  270  401.305(5), (6), and (7), as applicable, and as verified
  271  pursuant to s. 402.311.
  272         g. A resource and referral network established under s.
  273  411.0101 to assist parents in making an informed choice and a
  274  regional Warm-Line under s. 411.01015.
  275  
  276  The Agency for Workforce Innovation, the Department of
  277  Education, and early learning coalitions shall coordinate with
  278  the Child Care Services Program Office of the Department of
  279  Children and Family Services to minimize duplicating interagency
  280  activities pertaining to acquiring and composing data for child
  281  care training and credentialing.
  282         Section 4. This act shall take effect July 1, 2011.