Florida Senate - 2011                       CS for CS for SB 364
       
       
       
       By the Committees on Commerce and Tourism; and Children,
       Families, and Elder Affairs; and Senator Latvala
       
       
       
       577-03314A-11                                          2011364c2
    1                        A bill to be entitled                      
    2         An act relating to child care facilities; amending s.
    3         402.281, F.S.; revising the criteria for a childcare
    4         facility, large family child care home, or family day
    5         care home to obtain and maintain a designation as a
    6         Gold Seal Quality Care provider; amending s. 402.302,
    7         F.S.; revising and providing definitions; providing
    8         for certain household children to be included in
    9         calculations regarding the capacity of licensed family
   10         day care homes and large family child care homes;
   11         providing conditions for supervision of household
   12         children of operators of family day care homes and
   13         large family child care homes; amending s. 402.316,
   14         F.S.; requiring that the health, safety, and
   15         sanitation standards of an accrediting agency
   16         applicable to child care facilities that are exempt
   17         from licensure meet or exceed the minimum health,
   18         safety, and sanitation standards set forth by the
   19         Department of Children and Family Services; requiring
   20         a child care facility to prominently display a
   21         certificate indicating that the facility qualifies for
   22         a religious exemption from licensure; prohibiting an
   23         accrediting agency for religious exemption from
   24         owning, operating, or administering a child care
   25         program that it accredits, including a program owned
   26         by relatives; providing that application of the
   27         accrediting standards does not authorize the
   28         department to regulate or control the governance,
   29         curriculum, testing or assessments, evaluation
   30         procedures, academic requirements of the staff or the
   31         disciplinary or hiring practices of any child care
   32         program; amending s. 402.318, F.S.; revising
   33         advertising requirements applicable to child care
   34         facilities; providing penalties; amending s. 411.01,
   35         F.S., relating to school readiness programs;
   36         conforming a cross-reference; providing an effective
   37         date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Paragraph (c) of subsection (4) of section
   42  402.281, Florida Statutes, is amended to read:
   43         402.281 Gold Seal Quality Care program.—
   44         (4) In order to obtain and maintain a designation as a Gold
   45  Seal Quality Care provider, a child care facility, large family
   46  child care home, or family day care home must meet the following
   47  additional criteria:
   48         (c) The child care provider must not have been cited for
   49  the same class III violation, as defined by rule, three or more
   50  times and failed to correct the violation within 1 year after
   51  the date of each citation, within the 2 years preceding its
   52  application for designation as a Gold Seal Quality Care
   53  provider. Commission of the same class III violation three or
   54  more times and failure to correct within the required time
   55  during a 2-year period may shall be grounds for termination of
   56  the designation as a Gold Seal Quality Care provider until the
   57  provider has no class III violations for a period of 1 year.
   58         Section 2. Section 402.302, Florida Statutes, is amended to
   59  read:
   60         402.302 Definitions.—As used in this chapter, the term:
   61         (1) “Child care” means the care, protection, and
   62  supervision of a child, for a period of less than 24 hours a day
   63  on a regular basis, which supplements parental care, enrichment,
   64  and health supervision for the child, in accordance with his or
   65  her individual needs, and for which a payment, fee, or grant is
   66  made for care.
   67         (2) “Child care facility” includes any child care center or
   68  child care arrangement which provides child care for more than
   69  five children unrelated to the operator and which receives a
   70  payment, fee, or grant for any of the children receiving care,
   71  wherever operated, and whether or not operated for profit. The
   72  following are not included:
   73         (a) Public schools and nonpublic schools and their integral
   74  programs, except as provided in s. 402.3025;
   75         (b) Summer camps having children in full-time residence;
   76         (c) Summer day camps;
   77         (d) Bible schools normally conducted during vacation
   78  periods; and
   79         (e) Operators of transient establishments, as defined in
   80  chapter 509, which provide child care services solely for the
   81  guests of their establishment or resort, provided that all child
   82  care personnel of the establishment are screened according to
   83  the level 2 screening requirements of chapter 435.
   84         (3) “Child care personnel” means all owners, operators,
   85  employees, and volunteers working in a child care facility. The
   86  term does not include persons who work in a child care facility
   87  after hours when children are not present or parents of children
   88  in a child care facility. For purposes of screening, the term
   89  includes any member, over the age of 12 years, of a child care
   90  facility operator’s family, or person, over the age of 12 years,
   91  residing with a child care facility operator if the child care
   92  facility is located in or adjacent to the home of the operator
   93  or if the family member of, or person residing with, the child
   94  care facility operator has any direct contact with the children
   95  in the facility during its hours of operation. Members of the
   96  operator’s family or persons residing with the operator who are
   97  between the ages of 12 years and 18 years are not required to be
   98  fingerprinted but must be screened for delinquency records. For
   99  purposes of screening, the term also includes persons who work
  100  in child care programs that provide care for children 15 hours
  101  or more each week in public or nonpublic schools, family day
  102  care homes, or programs otherwise exempted under s. 402.316. The
  103  term does not include public or nonpublic school personnel who
  104  are providing care during regular school hours, or after hours
  105  for activities related to a school’s program for grades
  106  kindergarten through 12. A volunteer who assists on an
  107  intermittent basis for less than 10 hours per month is not
  108  included in the term “personnel” for the purposes of screening
  109  and training if a person who meets the screening requirement of
  110  s. 402.305(2) is always present and has the volunteer in his or
  111  her line of sight. Students who observe and participate in a
  112  child care facility as a part of their required coursework are
  113  not considered child care personnel, provided such observation
  114  and participation are on an intermittent basis and a person who
  115  meets the screening requirement of s. 402.305(2) is always
  116  present and has the student in his or her line of sight.
  117         (4) “Child welfare provider” means a licensed child-caring
  118  or child-placing agency.
  119         (5) “Department” means the Department of Children and
  120  Family Services.
  121         (6) “Drop-in child care” means child care provided
  122  occasionally in a child care facility in a shopping mall or
  123  business establishment where a child is in care for no more than
  124  a 4-hour period and the parent remains on the premises of the
  125  shopping mall or business establishment at all times. Drop-in
  126  child care arrangements shall meet all requirements for a child
  127  care facility unless specifically exempted.
  128         (7) “Evening child care” means child care provided during
  129  the evening hours and may encompass the hours of 6:00 p.m. to
  130  7:00 a.m. to accommodate parents who work evenings and late
  131  night shifts.
  132         (8) “Family day care home” means an occupied residence in
  133  which child care is regularly provided for children from at
  134  least two unrelated families and which receives a payment, fee,
  135  or grant for any of the children receiving care, whether or not
  136  operated for profit. Household children under 13 years of age,
  137  when on the premises of the family day care home or on a field
  138  trip with children enrolled in child care, shall be included in
  139  the overall capacity of the licensed home. A family day 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 four children from birth to 12 months of
  144  age.
  145         (b) A maximum of three children from birth to 12 months of
  146  age, and other children, for a maximum total of six children.
  147         (c) A maximum of six preschool children if all are older
  148  than 12 months of age.
  149         (d) A maximum of 10 children if no more than 5 are
  150  preschool age and, of those 5, no more than 2 are under 12
  151  months of age.
  152         (9) “Household children” means children who are related by
  153  blood, marriage, or legal adoption to, or who are the legal
  154  wards of, the family day care home operator, the large family
  155  child care home operator, or an adult household member who
  156  permanently or temporarily resides in the home. Supervision of
  157  the operator’s household children shall be left to the
  158  discretion of the operator unless those children receive
  159  subsidized child care to be in the home.
  160         (10)(9) “Large family child care home” means an occupied
  161  residence in which child care is regularly provided for children
  162  from at least two unrelated families, which receives a payment,
  163  fee, or grant for any of the children receiving care, whether or
  164  not operated for profit, and which has at least two full-time
  165  child care personnel on the premises during the hours of
  166  operation. One of the two full-time child care personnel must be
  167  the owner or occupant of the residence. A large family child
  168  care home must first have operated as a licensed family day care
  169  home for 2 years, with an operator who has had a child
  170  development associate credential or its equivalent for 1 year,
  171  before seeking licensure as a large family child care home.
  172  Household children under 13 years of age, when on the premises
  173  of the large family child care home or on a field trip with
  174  children enrolled in child care, shall be included in the
  175  overall capacity of the licensed home. A large family child care
  176  home shall be allowed to provide care for one of the following
  177  groups of children, which shall include household those children
  178  under 13 years of age who are related to the caregiver:
  179         (a) A maximum of 8 children from birth to 24 months of age.
  180         (b) A maximum of 12 children, with no more than 4 children
  181  under 24 months of age.
  182         (11)(10) “Indoor recreational facility” means an indoor
  183  commercial facility which is established for the primary purpose
  184  of entertaining children in a planned fitness environment
  185  through equipment, games, and activities in conjunction with
  186  food service and which provides child care for a particular
  187  child no more than 4 hours on any one day. An indoor
  188  recreational facility must be licensed as a child care facility
  189  under s. 402.305, but is exempt from the minimum outdoor-square
  190  footage-per-child requirement specified in that section, if the
  191  indoor recreational facility has, at a minimum, 3,000 square
  192  feet of usable indoor floor space.
  193         (12)(11) “Local licensing agency” means any agency or
  194  individual designated by the county to license child care
  195  facilities.
  196         (13)(12) “Operator” means any onsite person ultimately
  197  responsible for the overall operation of a child care facility,
  198  whether or not he or she is the owner or administrator of such
  199  facility.
  200         (14)(13) “Owner” means the person who is licensed to
  201  operate the child care facility.
  202         (15)(14) “Screening” means the act of assessing the
  203  background of child care personnel and volunteers and includes,
  204  but is not limited to, employment history checks, local criminal
  205  records checks through local law enforcement agencies,
  206  fingerprinting for all purposes and checks in this subsection,
  207  statewide criminal records checks through the Department of Law
  208  Enforcement, and federal criminal records checks through the
  209  Federal Bureau of Investigation.
  210         (16)(15) “Secretary” means the Secretary of Children and
  211  Family Services.
  212         (17)(16) “Substantial compliance” means that level of
  213  adherence which is sufficient to safeguard the health, safety,
  214  and well-being of all children under care. Substantial
  215  compliance is greater than minimal adherence but not to the
  216  level of absolute adherence. Where a violation or variation is
  217  identified as the type which impacts, or can be reasonably
  218  expected within 90 days to impact, the health, safety, or well
  219  being of a child, there is no substantial compliance.
  220         (18)(17) “Weekend child care” means child care provided
  221  between the hours of 6 p.m. on Friday and 6 a.m. on Monday.
  222         Section 3. Section 402.316, Florida Statutes, is amended to
  223  read:
  224         402.316 Exemptions.—
  225         (1) The provisions of ss. 402.301-402.319, except for the
  226  requirements regarding screening of child care personnel, do
  227  shall not apply to a child care facility that which is an
  228  integral part of church or parochial schools conducting
  229  regularly scheduled classes, courses of study, or educational
  230  programs accredited by, or by a member of, an organization that
  231  which publishes and requires compliance with its standards for
  232  health, safety, and sanitation. Such standards must meet or
  233  exceed the minimum health, safety, and sanitation standards as
  234  prescribed under chapter 65C-22, Florida Administrative Code.
  235  However, Such facilities shall meet minimum requirements of the
  236  applicable local governing body as to health, sanitation, and
  237  safety and shall meet the screening requirements pursuant to ss.
  238  402.305 and 402.3055. Failure by a facility to comply with the
  239  such screening requirements shall result in the loss of the
  240  facility’s exemption from licensure.
  241         (2) A child care facility covered by the religious
  242  exemption set forth in subsection (1) must display in a
  243  conspicuous location at the facility its certificate of
  244  compliance issued by the agency accrediting the child care
  245  facility for a religious exemption. The certificate must state
  246  that it is issued specifically for the purpose of providing the
  247  child care facility with a religious exemption from licensure.
  248         (3)(2) Any county or city with state or local child care
  249  licensing programs in existence on July 1, 1974, will continue
  250  to license the child care facilities as covered by such
  251  programs, notwithstanding the provisions of subsection (1),
  252  until and unless the licensing agency makes a determination to
  253  exempt them.
  254         (4)(3) Any child care facility covered by the exemption
  255  provisions of subsection (1), but desiring to be included in
  256  this act, is authorized to do so by submitting notification to
  257  the department. Once licensed, such facility cannot withdraw
  258  from the act and continue to operate.
  259         (5) A recognized accrediting agency for religious exemption
  260  may not own, operate, or administer a child care program that
  261  the agency accredits. This limitation applies to programs owned,
  262  operated, or administered by relatives of the accrediting agency
  263  who are within the fifth degree by blood or marriage.
  264         (6) This section does not authorize the department to
  265  regulate or control the governance, curriculum, academic
  266  curriculum, testing or assessments, evaluation procedures,
  267  academic requirements of the staff, disciplinary practices, or
  268  hiring practices of any child care program under this section.
  269         Section 4. Section 402.318, Florida Statutes, is amended to
  270  read:
  271         402.318 Advertisement.—A No person, as defined in s.
  272  1.01(3), may not shall advertise or publish an advertisement for
  273  a child care facility, family day care home, or large family
  274  child care home without including within such advertisement the
  275  state or local agency license number or registration number of
  276  such facility or home. Violation of this section is a
  277  misdemeanor of the first degree, punishable as provided in s.
  278  775.082 or s. 775.083.
  279         Section 5. Paragraph (c) of subsection (5) of section
  280  411.01, Florida Statutes, is amended to read:
  281         411.01 School readiness programs; early learning
  282  coalitions.—
  283         (5) CREATION OF EARLY LEARNING COALITIONS.—
  284         (c) Program expectations.—
  285         1. The school readiness program must meet the following
  286  expectations:
  287         a. The program must, at a minimum, enhance the age
  288  appropriate progress of each child in attaining the performance
  289  standards and outcome measures adopted by the Agency for
  290  Workforce Innovation.
  291         b. The program must provide extended-day and extended-year
  292  services to the maximum extent possible without compromising the
  293  quality of the program to meet the needs of parents who work.
  294         c. The program must provide a coordinated professional
  295  development system that supports the achievement and maintenance
  296  of core competencies by school readiness instructors in helping
  297  children attain the performance standards and outcome measures
  298  adopted by the Agency for Workforce Innovation.
  299         d. There must be expanded access to community services and
  300  resources for families to help achieve economic self
  301  sufficiency.
  302         e. There must be a single point of entry and unified
  303  waiting list. As used in this sub-subparagraph, the term “single
  304  point of entry” means an integrated information system that
  305  allows a parent to enroll his or her child in the school
  306  readiness program at various locations throughout a county, that
  307  may allow a parent to enroll his or her child by telephone or
  308  through an Internet website, and that uses a unified waiting
  309  list to track eligible children waiting for enrollment in the
  310  school readiness program. The Agency for Workforce Innovation
  311  shall establish through technology a single statewide
  312  information system that each coalition must use for the purposes
  313  of managing the single point of entry, tracking children’s
  314  progress, coordinating services among stakeholders, determining
  315  eligibility, tracking child attendance, and streamlining
  316  administrative processes for providers and early learning
  317  coalitions.
  318         f. The Agency for Workforce Innovation must consider the
  319  access of eligible children to the school readiness program, as
  320  demonstrated in part by waiting lists, before approving a
  321  proposed increase in payment rates submitted by an early
  322  learning coalition. In addition, early learning coalitions shall
  323  use school readiness funds made available due to enrollment
  324  shifts from school readiness programs to the Voluntary
  325  Prekindergarten Education Program for increasing the number of
  326  children served in school readiness programs before increasing
  327  payment rates.
  328         g. The program must meet all state licensing guidelines,
  329  where applicable.
  330         h. The program must ensure that minimum standards for child
  331  discipline practices are age-appropriate. Such standards must
  332  provide that children not be subjected to discipline that is
  333  severe, humiliating, or frightening or discipline that is
  334  associated with food, rest, or toileting. Spanking or any other
  335  form of physical punishment is prohibited.
  336         2. Each early learning coalition must implement a
  337  comprehensive program of school readiness services in accordance
  338  with the rules adopted by the agency which enhance the
  339  cognitive, social, and physical development of children to
  340  achieve the performance standards and outcome measures. At a
  341  minimum, these programs must contain the following system
  342  support service elements:
  343         a. Developmentally appropriate curriculum designed to
  344  enhance the age-appropriate progress of children in attaining
  345  the performance standards adopted by the Agency for Workforce
  346  Innovation under subparagraph (4)(d)8.
  347         b. A character development program to develop basic values.
  348         c. An age-appropriate screening of each child’s
  349  development.
  350         d. An age-appropriate assessment administered to children
  351  when they enter a program and an age-appropriate assessment
  352  administered to children when they leave the program.
  353         e. An appropriate staff-to-children ratio, pursuant to s.
  354  402.305(4) or s. 402.302(8) or (10) s. 402.302(7) or (8), as
  355  applicable, and as verified pursuant to s. 402.311.
  356         f. A healthy and safe environment pursuant to s.
  357  401.305(5), (6), and (7), as applicable, and as verified
  358  pursuant to s. 402.311.
  359         g. A resource and referral network established under s.
  360  411.0101 to assist parents in making an informed choice and a
  361  regional Warm-Line under s. 411.01015.
  362  
  363  The Agency for Workforce Innovation, the Department of
  364  Education, and early learning coalitions shall coordinate with
  365  the Child Care Services Program Office of the Department of
  366  Children and Family Services to minimize duplicating interagency
  367  activities pertaining to acquiring and composing data for child
  368  care training and credentialing.
  369         Section 6. This act shall take effect July 1, 2011.