Florida Senate - 2010 CS for CS for SB 1234
By the Committees on Health and Human Services Appropriations;
and Judiciary; and Senator Garcia
603-04847-10 20101234c2
1 A bill to be entitled
2 An act relating to licensing standards for child care
3 facilities; providing a short title; amending s.
4 402.305, F.S.; providing minimum licensing
5 requirements for window blinds and other window
6 coverings; requiring child care facilities to retrofit
7 window blinds, window coverings, pull cords, or inner
8 cords by a specified date in order to eliminate cords
9 that pose a risk of strangulation; providing a
10 definition; authorizing the Department of Children and
11 Family Services to provide certain information
12 regarding window blinds and window coverings;
13 authorizing the department to adopt rules; providing
14 an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. This act may be cited as the “John F. Serrano,
19 Rachel Lou Napier, and Alexandra Ali Safety and Accountability
20 Act.”
21 Section 2. Subsection (5) of section 402.305, Florida
22 Statutes, is amended to read:
23 402.305 Licensing standards; child care facilities.—
24 (5) PHYSICAL FACILITIES.—Minimum standards shall include
25 requirements for building conditions, indoor play space, outdoor
26 play space, napping space, bathroom facilities, food preparation
27 facilities, outdoor equipment, and indoor equipment.
28 (a) Because of the nature and duration of drop-in child
29 care, outdoor play space and outdoor equipment shall not be
30 required for licensure; however, if such play space and
31 equipment are provided, then the minimum standards shall apply
32 to drop-in child care. With respect to minimum standards for
33 physical facilities of a child care program for school-age
34 children which is operated in a public school facility, the
35 department shall adopt the State Uniform Building Code for
36 Public Educational Facilities Construction as the minimum
37 standards, regardless of the operator of the program. The
38 Legislature intends that if a child care program for school-age
39 children is operated in a public school, the program need not
40 conform to standards for physical facilities other than the
41 standards adopted by the Commissioner of Education.
42 (b) Minimum requirements for licensure of a child care
43 facility shall prohibit the use or installation of window blinds
44 or other window coverings that have long dangling cords, pull
45 cords, or inner cords capable of forming a loop and which
46 thereby pose a risk of strangulation to young children. Window
47 blinds and other window coverings that have been manufactured or
48 properly retrofitted in a manner that eliminates long dangling
49 cords, pull cords, inner cords, or the formation of loops that
50 pose a risk of strangulation are not prohibited under this
51 subsection. Cordless window blinds are recommended and are in
52 compliance with this subsection.
53 1. When developing and periodically reviewing minimum
54 licensing requirements related to the safety and installation of
55 window blinds and other window coverings in child care
56 facilities, the department shall review and take into
57 consideration the recommendations of the United States Consumer
58 Product Safety Commission.
59 2. Child care facilities must properly retrofit existing
60 window blinds, window coverings, pull cords, or inner cords in
61 accordance with this paragraph by January 1, 2011. For purposes
62 of this subparagraph, “properly retrofit” means to modify in a
63 manner that eliminates long dangling cords or the formation of
64 inner or outer cord loops that pose a risk of child
65 strangulation.
66 3. The department may provide information regarding
67 reduced-cost or no-cost options for retrofitting or replacing
68 unsafe window blinds and window coverings.
69 4. The department shall adopt rules to administer these
70 requirements.
71 Section 3. This act shall take effect July 1, 2010.