Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 990
       
       
       
       
       
       
                                Ì315586IÎ315586                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/12/2023           .                                
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       The Committee on Finance and Tax (Grall) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 122 - 771
    4  and insert:
    5         Section 1. Present subsections (15) through (18) of section
    6  402.302, Florida Statutes, are redesignated as subsections (16)
    7  through (19), respectively, and a new subsection (15) is added
    8  to that section, to read:
    9         402.302 Definitions.—As used in this chapter, the term:
   10         (15)“Preschool” means any child care facility licensed
   11  under s. 402.305 that serves children under 5 years of age.
   12         Section 2. Present paragraph (g) of subsection (2) of
   13  section 402.305, Florida Statutes, is redesignated as paragraph
   14  (f), present subsection (18) is redesignated as subsection (17),
   15  and paragraphs (a) and (b) of subsection (1), paragraphs (a) and
   16  (e) and present paragraph (f) of subsection (2), paragraph (a)
   17  of subsection (7), paragraphs (b) and (c) of subsection (9),
   18  subsection (13), and present subsection (17) of that section are
   19  amended, to read:
   20         402.305 Licensing standards; child care facilities.—
   21         (1) LICENSING STANDARDS.—The department shall establish
   22  licensing standards that each licensed child care facility must
   23  meet regardless of the origin or source of the fees used to
   24  operate the facility or the type of children served by the
   25  facility.
   26         (a) The standards shall be designed to address the
   27  following areas:
   28         1.the health, sanitation, safety, and sanitary adequate
   29  physical conditions surroundings for all children served by in
   30  child care facilities.
   31         2.The health and nutrition of all children in child care.
   32         3.The child development needs of all children in child
   33  care.
   34         (b) Fire safety regulations for child care facilities will
   35  be directed All standards established under ss. 402.301-402.319
   36  must be consistent with the rules adopted by the State Fire
   37  Marshal for child care facilities. However, if the facility is
   38  operated in a public school, the department must shall use the
   39  public school fire code, as provided in the rules of the State
   40  Board of Education, as the minimum standard for firesafety.
   41         (2) PERSONNEL.—Minimum standards for child care personnel
   42  shall include minimum requirements as to:
   43         (a) Good moral character based upon screening as defined in
   44  s. 402.302 s. 402.302(15). This screening shall be conducted as
   45  provided in chapter 435, using the level 2 standards for
   46  screening provided set forth in that chapter, and include
   47  employment history checks, a search of criminal history records,
   48  sexual predator and sexual offender registries, and child abuse
   49  and neglect registry of any state in which the current or
   50  prospective child care personnel resided during the preceding 5
   51  years. The department shall complete the screening and provide
   52  the results to the child care facility within 5 business days.
   53  If the department is unable to complete the screening within 5
   54  business days, the department must issue the current or
   55  prospective child care personnel a 45-day provisional hire
   56  status while all required information is being requested and the
   57  department is awaiting results. During the 45-day period, the
   58  current or prospective child care personnel must be under the
   59  direct supervision of a screened and trained staff member when
   60  in contact with children.
   61         (e) Minimum training requirements for child care personnel.
   62         1. Such minimum standards for training shall ensure that
   63  all child care personnel take an approved 40-clock-hour
   64  introductory course in child care, which course covers at least
   65  the following topic areas:
   66         a. State and local rules and regulations which govern child
   67  care.
   68         b. Health, safety, and nutrition.
   69         c. Identifying and reporting child abuse and neglect.
   70         d. Child development, including typical and atypical
   71  language, cognitive, motor, social, and self-help skills
   72  development.
   73         e. Observation of developmental behaviors, including using
   74  a checklist or other similar observation tools and techniques to
   75  determine the child’s developmental age level.
   76         f. Specialized areas, including computer technology for
   77  professional and classroom use and early literacy and language
   78  development of children from birth to 5 years of age, as
   79  determined by the department, for owner-operators and child care
   80  personnel of a child care facility.
   81         g. Developmental disabilities, including autism spectrum
   82  disorder and Down syndrome, and early identification, use of
   83  available state and local resources, classroom integration, and
   84  positive behavioral supports for children with developmental
   85  disabilities.
   86         h.Online training coursework, provided at no cost by the
   87  department, to meet minimum training standards for child care
   88  personnel.
   89  
   90  Within 90 days after employment, child care personnel shall
   91  begin training to meet the training requirements. Child care
   92  personnel shall successfully complete such training within 1
   93  year after the date on which the training began, as evidenced by
   94  passage of an in-person or online a competency examination.
   95  Successful completion of the 40-clock-hour introductory course
   96  shall articulate into community college credit in early
   97  childhood education, pursuant to ss. 1007.24 and 1007.25.
   98  Exemption from all or a portion of the required training shall
   99  be granted to child care personnel based upon educational
  100  credentials or passage of competency examinations. Child care
  101  personnel possessing a 2-year degree or higher that includes 6
  102  college credit hours in early childhood development or child
  103  growth and development, or a child development associate
  104  credential or an equivalent state-approved child development
  105  associate credential, or a child development associate waiver
  106  certificate shall be automatically exempted from the training
  107  requirements in sub-subparagraphs b., d., and e.
  108         2.The introductory course in child care shall stress, to
  109  the extent possible, an interdisciplinary approach to the study
  110  of children.
  111         2.3. The introductory course shall cover recognition and
  112  prevention of shaken baby syndrome; prevention of sudden infant
  113  death syndrome; recognition and care of infants and toddlers
  114  with developmental disabilities, including autism spectrum
  115  disorder and Down syndrome; and early childhood brain
  116  development within the topic areas identified in this paragraph.
  117         3.4. On an annual basis in order to further their child
  118  care skills and, if appropriate, administrative skills, child
  119  care personnel who have fulfilled the requirements for the child
  120  care training shall be required to take an additional 1
  121  continuing education unit of approved inservice training, or 10
  122  clock hours of equivalent training, as determined by the
  123  department.
  124         4.5. Child care personnel shall be required to complete 0.5
  125  continuing education unit of approved training or 5 clock hours
  126  of equivalent training, as determined by the department, in
  127  early literacy and language development of children from birth
  128  to 5 years of age one time. The year that this training is
  129  completed, it shall fulfill the 0.5 continuing education unit or
  130  5 clock hours of the annual training required in subparagraph 3.
  131  4.
  132         5.6. Procedures for ensuring the training of qualified
  133  child care professionals to provide training of child care
  134  personnel, including onsite training, shall be included in the
  135  minimum standards. It is recommended that the state community
  136  child care coordination agencies (central agencies) be
  137  contracted by the department to coordinate such training when
  138  possible. Other district educational resources, such as
  139  community colleges and career programs, can be designated in
  140  such areas where central agencies may not exist or are
  141  determined not to have the capability to meet the coordination
  142  requirements set forth by the department.
  143         6.7. Training requirements do shall not apply to certain
  144  occasional or part-time support staff, including, but not
  145  limited to, swimming instructors, piano teachers, dance
  146  instructors, and gymnastics instructors.
  147         7.8.By December 31, 2023, the department shall evaluate or
  148  contract for an evaluation of:
  149         a.The current training requirements and coursework offered
  150  to child care personnel and make recommendations to increase the
  151  quality and relevancy of training.
  152         b.The licensing and regulation of child care facilities
  153  to:
  154         (I)Identify rules that exceed specific delegated
  155  legislative authority.
  156         (II)Identify rules that are arbitrary, vague, or
  157  redundant.
  158         (III)Streamline the standards used to classify violations
  159  and eliminate redundancy or subjectivity in application by
  160  licensing counselors.
  161         8.When the evaluation in subparagraph 7. is completed, the
  162  department shall begin revising the regulation of child care
  163  facilities to simplify ongoing licensure inspections, increase
  164  objectivity, and provide a greater emphasis on technical
  165  assistance. The evaluation shall be conducted every 5 years for
  166  the general purpose of determining the status of and means to
  167  improve staff training requirements and testing procedures. The
  168  evaluation shall be conducted every 2 years. The evaluation
  169  shall include, but not be limited to, determining the
  170  availability, quality, scope, and sources of current staff
  171  training; determining the need for specialty training; and
  172  determining ways to increase inservice training and ways to
  173  increase the accessibility, quality, and cost-effectiveness of
  174  current and proposed staff training. The evaluation methodology
  175  shall include a reliable and valid survey of child care
  176  personnel.
  177         9. The child care operator shall be required to take basic
  178  training in serving children with disabilities within 5 years
  179  after employment, either as a part of the introductory training
  180  or the annual 8 hours of inservice training.
  181         (f)Periodic health examinations.
  182         (7) SANITATION AND SAFETY.—
  183         (a) Minimum standards shall include requirements for
  184  sanitary and safety conditions, first aid treatment, emergency
  185  procedures, and pediatric cardiopulmonary resuscitation. The
  186  minimum standards shall require that two at least one staff
  187  persons person trained in cardiopulmonary resuscitation, as
  188  evidenced by current documentation of course completion, must be
  189  present at all times that children are present.
  190         (9) ADMISSIONS AND RECORDKEEPING.—
  191         (b)During the months of August and September of each year,
  192  each child care facility shall provide parents of children
  193  enrolled in the facility detailed information regarding the
  194  causes, symptoms, and transmission of the influenza virus in an
  195  effort to educate those parents regarding the importance of
  196  immunizing their children against influenza as recommended by
  197  the Advisory Committee on Immunization Practices of the Centers
  198  for Disease Control and Prevention.
  199         (c)During the months of April and September of each year,
  200  at a minimum, each facility shall provide parents of children
  201  enrolled in the facility information regarding the potential for
  202  a distracted adult to fail to drop off a child at the facility
  203  and instead leave the child in the adult’s vehicle upon arrival
  204  at the adult’s destination. The child care facility shall also
  205  give parents information about resources with suggestions to
  206  avoid this occurrence. The department shall develop a flyer or
  207  brochure with this information that shall be posted to the
  208  department’s website, which child care facilities may choose to
  209  reproduce and provide to parents to satisfy the requirements of
  210  this paragraph.
  211         (13) PLAN OF ACTIVITIES.—Minimum standards shall ensure
  212  that each child care facility has and implements a written plan
  213  for the daily provision of varied activities and active and
  214  quiet play opportunities appropriate to the age of the child.
  215  The written plan must include a program, to be implemented
  216  periodically for children of an appropriate age, which will
  217  assist the children in preventing and avoiding physical and
  218  mental abuse.
  219         (17)SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF
  220  MILDLY ILL CHILDREN.—Minimum standards shall be developed by the
  221  department, in conjunction with the Department of Health, for
  222  specialized child care facilities for the care of mildly ill
  223  children. The minimum standards shall address the following
  224  areas: personnel requirements; staff-to-child ratios; staff
  225  training and credentials; health and safety; physical facility
  226  requirements, including square footage; client eligibility,
  227  including a definition of “mildly ill children”; sanitation and
  228  safety; admission and recordkeeping; dispensing of medication;
  229  and a schedule of activities.
  230         Section 3. Section 402.3115, Florida Statutes, is amended
  231  to read:
  232         402.3115 Elimination of duplicative and unnecessary
  233  inspections; abbreviated inspections.—The Department of Children
  234  and Families and local governmental agencies that license child
  235  care facilities shall develop and implement a plan to eliminate
  236  duplicative and unnecessary inspections of child care
  237  facilities, family day care homes, and large family child care
  238  homes. In addition, the department and the local governmental
  239  agencies shall develop and implement an abbreviated inspection
  240  plan for child care facilities that have been licensed for a
  241  period of not less than 2 consecutive years, and do not have a
  242  had no Class 1 and no more than two of the same or Class 2
  243  deficiencies, as defined by rule, for at least 2 consecutive
  244  years, have received at least two full onsite renewals in the
  245  most recent 2 years, do not have any current uncorrected
  246  violations, and do not have any open regulatory complaints or
  247  active child protective services investigations. The department
  248  shall annually calculate efficiencies and moneys saved due to
  249  the implementation of abbreviated inspections. Such savings
  250  shall be used to focus resources and technical assistance to
  251  support child care facilities, family day care homes, and large
  252  family child care homes that are having difficulty maintaining
  253  compliance with the licensing requirements of s. 402.305, s.
  254  402.313, or s. 402.3131. The abbreviated inspection must include
  255  those elements identified by the department and the local
  256  governmental agencies as being key indicators of whether the
  257  child care facility continues to provide quality care and
  258  programming and shall be updated every 5 years.
  259         Section 4. Section 627.70161, Florida Statutes, is amended
  260  to read:
  261         627.70161 Family day care and large family child care home
  262  insurance.—
  263         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  264  family day care homes and large family child care homes fulfill
  265  a vital role in providing child care in Florida. It is the
  266  intent of the Legislature that residential property insurance
  267  coverage should not be canceled, denied, or nonrenewed solely on
  268  the basis of the family day care or large family child care home
  269  services at the residence. The Legislature also recognizes that
  270  the potential liability of residential property insurers is
  271  substantially increased by the rendition of child care services
  272  on the premises. The Legislature therefore finds that there is a
  273  public need to specify that contractual liabilities that arise
  274  in connection with the operation of the family day care home or
  275  large family child care home are excluded from residential
  276  property insurance policies unless they are specifically
  277  included in such coverage.
  278         (2) DEFINITIONS.—As used in this section, the term:
  279         (a) “Child care” has the same meaning as in s. 402.302
  280  means the care, protection, and supervision of a child, for a
  281  period of less than 24 hours a day on a regular basis, which
  282  supplements parental care, enrichment, and health supervision
  283  for the child, in accordance with his or her individual needs,
  284  and for which a payment, fee, or grant is made for care.
  285         (b) “Family day care home” has the same meaning as in s.
  286  402.302 means an occupied residence in which child care is
  287  regularly provided for children from at least two unrelated
  288  families and which receives a payment, fee, or grant for any of
  289  the children receiving care, whether or not operated for a
  290  profit.
  291         (3) FAMILY DAY CARE AND LARGE FAMILY CHILD CARE; COVERAGE.
  292  A residential property insurance policy shall not provide
  293  coverage for liability for claims arising out of, or in
  294  connection with, the operation of a family day care home or
  295  large family child care home, and the insurer shall be under no
  296  obligation to defend against lawsuits covering such claims,
  297  unless:
  298         (a) Specifically covered in a policy; or
  299         (b) Covered by a rider or endorsement for business coverage
  300  attached to a policy.
  301         (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
  302  insurer may not deny, cancel, or refuse to renew a policy for
  303  residential property insurance solely on the basis that the
  304  policyholder or applicant operates a family day care home or
  305  large family child care home. In addition to other lawful
  306  reasons for refusing to insure, an insurer may deny, cancel, or
  307  refuse to renew a policy of a family day care home or large
  308  family child care home provider if one or more of the following
  309  conditions occur:
  310         (a) The policyholder or applicant provides care for more
  311  children than authorized for family day care homes or large
  312  family child care homes under by s. 402.302.;
  313         (b) The policyholder or applicant fails to maintain a
  314  separate commercial liability policy or an endorsement providing
  315  liability coverage for the family day care home or large family
  316  child care home operations.;
  317         (c) The policyholder or applicant fails to comply with the
  318  family day care home or large family child care home licensure
  319  and registration requirements specified in s. 402.313 or s.
  320  402.3131.; or
  321         (d) Discovery of willful or grossly negligent acts or
  322  omissions or any violations of state laws or regulations
  323  establishing safety standards for family day care homes or large
  324  family child care homes by the named insured or his or her
  325  representative which materially increase any of the risks
  326  insured.
  327         Section 5. Paragraph (c) of subsection (3) of section
  328  1002.55, Florida Statutes, is amended to read:
  329         1002.55 School-year prekindergarten program delivered by
  330  private prekindergarten providers.—
  331         (3) To be eligible to deliver the prekindergarten program,
  332  a private prekindergarten provider must meet each of the
  333  following requirements:
  334  
  335  ================= T I T L E  A M E N D M E N T ================
  336  And the title is amended as follows:
  337         Delete lines 3 - 78
  338  and insert:
  339         providers; amending s. 402.302, F.S.; defining the
  340         term “preschool”; amending s. 402.305, F.S.; revising
  341         licensing standards for all licensed child care
  342         facilities; revising minimum standards and training
  343         requirements for child care personnel; requiring the
  344         Department of Children and Families to conduct
  345         specified screening of child care personnel within a
  346         specified timeframe and issue provisional approval of
  347         such personnel; requiring the department to evaluate
  348         certain training and coursework requirements for child
  349         care personnel and the licensing and regulation of
  350         child care facilities by a specified date; deleting
  351         provisions relating to educating parents about the
  352         importance of specified immunizations, addressing the
  353         danger of a child being accidentally left in an
  354         adult’s vehicle, having a plan to assist children in
  355         preventing and avoiding physical and mental abuse, and
  356         the department developing minimum standards for
  357         specialized child care facilities for the care of
  358         mildly ill children; amending s. 402.3115, F.S.;
  359         requiring the department and certain local
  360         governmental agencies to develop and implement a plan
  361         to eliminate duplicative and unnecessary inspections
  362         of home child care providers; revising abbreviated
  363         inspection requirements for certain child care
  364         facilities; amending s. 627.70161, F.S.; revising
  365         legislative purpose and intent; revising the
  366         definitions of the terms “child care” and “family day
  367         care home”; providing that residential property
  368         insurance does not cover liability or claims arising
  369         out of the operation of a large family child care
  370         home; amending s. 1002.55, F.S.; revising