Florida Senate - 2015                                     SB 210
       
       
        
       By Senator Gibson
       
       
       
       
       
       9-00136A-15                                            2015210__
    1                        A bill to be entitled                      
    2         An act relating to the licensing of facilities that
    3         offer health and human services; amending s. 402.302,
    4         F.S.; redefining the term “child care” to include a
    5         person or facility that does not receive compensation;
    6         redefining the term “child care facility” to include a
    7         child care center or child care arrangement that does
    8         not receive compensation and provides child care for
    9         more than four, rather than five, children unrelated
   10         to the operator; amending s. 402.313, F.S.; requiring
   11         a family day care home to conspicuously display its
   12         license or registration in the common area of the
   13         home, to provide proof of a written plan that
   14         identifies a designated substitute for the operator,
   15         and to provide proof of screening and background
   16         checks for certain individuals; amending s. 402.3131,
   17         F.S.; requiring a large family child care home to
   18         permanently post its license in a conspicuous location
   19         that is visible by all parents and guardians and the
   20         Department of Children and Families; amending s.
   21         402.315, F.S.; revising the licensing fee for a child
   22         care facility that has a certain licensed capacity;
   23         amending s. 402.318, F.S.; prohibiting advertisement
   24         of a child care facility, family day care home, or
   25         large family child care home unless it is licensed or
   26         registered or provides proof of exemption; defining
   27         the term “advertisement”; providing penalties;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsections (1) and (2) of section 402.302,
   33  Florida Statutes, are amended to read:
   34         402.302 Definitions.—As used in this chapter, the term:
   35         (1) “Child care” means the care, protection, and
   36  supervision of a child, for a period of less than 24 hours a day
   37  on a regular basis, which supplements parental care, enrichment,
   38  and health supervision for the child, in accordance with his or
   39  her individual needs, and for which a payment, fee, or grant is
   40  made for care.
   41         (2) “Child care facility” means a includes any child care
   42  center or child care arrangement that which provides child care
   43  for more than four five children unrelated to the operator and
   44  which receives a payment, fee, or grant for any of the children
   45  receiving care, wherever operated, and whether or not operated
   46  for profit. The following are not included:
   47         (a) Public schools and nonpublic schools and their integral
   48  programs, except as provided in s. 402.3025;
   49         (b) Summer camps having children in full-time residence;
   50         (c) Summer day camps;
   51         (d) Bible schools normally conducted during vacation
   52  periods; and
   53         (e) Operators of transient establishments, as defined in
   54  chapter 509, which provide child care services solely for the
   55  guests of their establishment or resort, if provided that all
   56  child care personnel of the establishment or resort are screened
   57  according to the level 2 screening requirements of chapter 435.
   58         Section 2. Subsection (1) of section 402.313, Florida
   59  Statutes, is amended to read:
   60         402.313 Family day care homes.—
   61         (1) A family day care home must homes shall be licensed
   62  under this section act if it is they are presently being
   63  licensed under an existing county licensing ordinance or if the
   64  board of county commissioners passes a resolution that family
   65  day care homes be licensed. Each licensed or registered family
   66  day care home must conspicuously display its license or
   67  registration in the common area of the home.
   68         (a) If not subject to license, a family day care home must
   69  homes shall register annually with the department and provide,
   70  providing the following information:
   71         1. The name and address of the home.
   72         2. The name of the operator.
   73         3. The number of children served.
   74         4. Proof of a written plan to identify a provide at least
   75  one other competent adult who has met the screening and training
   76  requirements of the department to serve as a designated
   77  substitute to be available to substitute for the operator in an
   78  emergency. This plan must shall include the name, address, and
   79  telephone number of the designated substitute.
   80         5. Proof of screening and background checks for the
   81  operator, each household member, and the designated substitute.
   82         6. Proof of successful completion of the 30-hour training
   83  course, as evidenced by passage of a competency examination,
   84  which must shall include:
   85         a. State and local rules and regulations that govern child
   86  care.
   87         b. Health, safety, and nutrition.
   88         c. Identifying and reporting child abuse and neglect.
   89         d. Child development, including typical and atypical
   90  language development; and cognitive, motor, social, and self
   91  help skills development.
   92         e. Observation of developmental behaviors, including using
   93  a checklist or other similar observation tools and techniques to
   94  determine a child’s developmental level.
   95         f. Specialized areas, including early literacy and language
   96  development of children from birth to 5 years of age, as
   97  determined by the department, for owner-operators of family day
   98  care homes.
   99         7. Proof that immunization records are kept current.
  100         8. Proof of completion of the required continuing education
  101  units or clock hours.
  102         (b) A family day care home may volunteer to be licensed
  103  under this act.
  104         (c) The department may provide technical assistance to
  105  counties and family day care home providers to enable counties
  106  and family day care providers to achieve compliance with family
  107  day care homes standards.
  108         Section 3. Subsection (1) of section 402.3131, Florida
  109  Statutes, is amended to read:
  110         402.3131 Large family child care homes.—
  111         (1) A large family child care home must homes shall be
  112  licensed under this section and permanently post its license in
  113  a conspicuous location that is visible by all parents and
  114  guardians and the department.
  115         (a) A licensed family day care home must first have
  116  operated for a minimum of 2 consecutive years, with an operator
  117  who has had a child development associate credential or its
  118  equivalent for 1 year, before seeking licensure as a large
  119  family child care home.
  120         (b) The department may provide technical assistance to
  121  counties and family day care home providers to enable the
  122  counties and providers to achieve compliance with minimum
  123  standards for large family child care homes.
  124         Section 4. Subsection (3) of section 402.315, Florida
  125  Statutes, is amended to read:
  126         402.315 Funding; license fees.—
  127         (3) The department shall collect a fee for a any license it
  128  issues for a child care facility, family day care home, or large
  129  family child care home under pursuant to ss. 402.305, 402.313,
  130  and 402.3131.
  131         (a) For a child care facility licensed under pursuant to s.
  132  402.305, the such fee is shall be $1 per child, based on the
  133  licensed capacity of the facility. However, if a facility has a
  134  licensed capacity of 25 children or fewer, except that the
  135  minimum fee is shall be $25 per facility and the maximum fee
  136  shall be $100 per facility.
  137         (b) For a family day care home registered under pursuant to
  138  s. 402.313, the such fee is shall be $25.
  139         (c) For a family day care home licensed under pursuant to
  140  s. 402.313, the such fee is shall be $50.
  141         (d) For a large family child care home licensed under
  142  pursuant to s. 402.3131, the such fee is shall be $60.
  143         Section 5. Section 402.318, Florida Statutes, is amended to
  144  read:
  145         402.318 Advertisement.—A person, as defined in s. 1.01 s.
  146  1.01(3), may not advertise a child care facility as defined in
  147  s. 402.302, a child care facility that is exempt from licensing
  148  requirements pursuant to s. 402.316, a family day care home as
  149  defined in s. 402.302, or a large family child care home as
  150  defined in s. 402.302 without including within such
  151  advertisement the state or local agency license number,
  152  exemption number, or registration number of the such facility or
  153  home. As used in this section, the term “advertisement”
  154  includes, but is not limited to, the marketing of child care
  155  services to the public on vehicles; print materials; electronic
  156  media, including Internet websites; and radio and television
  157  announcements. A person who violates Violation of this section
  158  commits is a misdemeanor of the first degree, punishable as
  159  provided in s. 775.082 or s. 775.083.
  160         Section 6. This act shall take effect July 1, 2015.