The Florida Senate

402.04  Award of scholarships and stipends; disbursement of funds; administration.

402.05  Requisites for holding scholarship and stipend.

402.06  Notes required of scholarship holders.

402.07  Payment of notes.

402.115  Sharing confidential or exempt information.

402.12  National Community Mental Health Centers Act.

402.16  Proceedings by department.

402.161  Authorization for sale of property.

402.165  Statewide Human Rights Advocacy Committee; confidential records and meetings.

402.166  District human rights advocacy committees; confidential records and meetings.

402.167  Department duties relating to the Statewide Human Rights Advocacy Committee and the District Human Rights Advocacy Committees.

402.17  Claims for care and maintenance; trust property.

402.175  Legislative intent; developmentally disabled and mentally ill persons' umbrella trust fund.

402.18  Welfare trust funds created; use of.

402.181  State Institutions Claims Program.

402.185  Productivity enhancing technology.

402.19  Photographing records; destruction of records; effect as evidence.

402.20  County contracts authorized for services and facilities in mental health and retardation areas.

402.22  Education program for students who reside in residential care facilities operated by the Department of Children and Family Services.

402.24  Recovery of third-party payments for medical services.

402.25  Infants and toddlers in state-funded education and care programs; brain development activities.

402.26  Child care; legislative intent.

402.27  Child care and early childhood resource and referral.

402.28  Child Care Plus.

402.281  Gold Seal Quality Care program.

402.301  Child care facilities; legislative intent and declaration of purpose and policy.

402.3015  Subsidized child care program; purpose; fees; contracts.

402.3016  Early Head Start collaboration grants.

402.3018  Consultation to child care centers and family day care homes regarding health, developmental, disability, and special needs issues.

402.302  Definitions.

402.3025  Public and nonpublic schools.

402.3026  Full-service schools.

402.3027  Observation and assessment of young children in subsidized child care programs.

402.305  Licensing standards; child care facilities.

402.3051  Child care market rate reimbursement; child care grants.

402.3052  Child development associate training grants program.

402.3055  Child care personnel requirements.

402.3057  Persons not required to be refingerprinted or rescreened.

402.3058  Summer camp personnel; fingerprints not required for screening purposes.

402.306  Designation of licensing agency; dissemination by the department and local licensing agency of information on child care.

402.307  Approval of licensing agency.

402.308  Issuance of license.

402.309  Provisional license.

402.310  Disciplinary actions; hearings upon denial, suspension, or revocation of license; administrative fines.

402.311  Inspection.

402.3115  Elimination of duplicative and unnecessary inspections; abbreviated inspections.

402.312  License required; injunctive relief.

402.3125  Display and appearance of license; posting of violations; information to be provided to parents.

402.313  Family day care homes.

402.3131  Large family child care homes.

402.3135  Subsidized child care case management program.

402.314  Supportive services.

402.3145  Subsidized child care transportation program.

402.315  Funding; license fees.

402.316  Exemptions.

402.318  Advertisement.

402.319  Penalties.

402.33  Department authority to charge fees for services provided.

402.34  Body corporate.

402.35  Employees.

402.40  Child welfare training academies established; Child Welfare Standards and Training Council created; responsibilities of council; Child Welfare Training Trust Fund created.

402.41  Educational materials and training concerning human immunodeficiency virus infections and acquired immune deficiency syndrome.

402.45  Community resource mother or father program.

402.47  Foster grandparent and retired senior volunteer services to high-risk and handicapped children.

402.48  Health care services pools.

402.49  Mediation process established.

402.50  Administrative infrastructure; legislative intent; establishment of standards.

402.55  Management fellows program.

402.70  Interagency agreement between Department of Health and Department of Children and Family Services.

402.71  Transfer of funds, positions, and budget authority within department.

402.72  Department of Children and Family Services contracts; contract management units; reporting requirements.

402.04  Award of scholarships and stipends; disbursement of funds; administration.--The award of scholarships or stipends provided for herein shall be made by the Department of Children and Family Services, hereinafter referred to as the department. The department shall handle the administration of the scholarship or stipend and the Department of Education shall, for and on behalf of the department, handle the notes issued for the payment of the scholarships or stipends provided for herein and the collection of same. The department shall prescribe regulations governing the payment of scholarships or stipends to the school, college, or university for the benefit of the scholarship or stipend holders. All scholarship awards, expenses and costs of administration shall be paid from moneys appropriated by the Legislature and shall be paid upon vouchers approved by the department and properly certified by the Comptroller.

History.--s. 4, ch. 29880, 1955; s. 10, ch. 59-1; s. 2, ch. 65-13; ss. 15, 19, 35, ch. 69-106; s. 259, ch. 77-147; s. 129, ch. 99-8.

402.05  Requisites for holding scholarship and stipend.--Scholarships or stipends are to be awarded only to such residents of the state as intend to make psychiatric social work, psychiatry, psychiatric nursing, and clinical psychology their professions. Among other essential requisites for holding a scholarship or stipend hereunder are citizenship, residence in Florida for a period of 1 year, good moral character, good health, exceptional scholarship, and the applicant shall have met the entrance requirement at a college or university for their professional specialization.

History.--s. 5, ch. 29880, 1955.

402.06  Notes required of scholarship holders.--Each person who receives a scholarship or stipend as provided for in this chapter shall execute a promissory note under seal, on forms to be prescribed by the Department of Education, which shall be endorsed by his or her parent or guardian or, if the person is 18 years of age or older, by some responsible citizen and shall deliver said note to the Department of Children and Family Services. Each note shall be payable to the state and shall bear interest at the rate of 5 percent per annum beginning 90 days after completion or termination of the training program. Said note shall provide for all costs of collection to be paid by the maker of the note. Said note shall be delivered by the Department of Children and Family Services to said Department of Education for collection and final disposition.

History.--s. 6, ch. 29880, 1955; s. 2, ch. 65-13; s. 1, ch. 69-59; ss. 15, 35, ch. 69-106; s. 18, ch. 77-121; s. 260, ch. 77-147; s. 803, ch. 95-148; s. 130, ch. 99-8.

402.07  Payment of notes.--Prior to the award of a scholarship or stipend provided herein for trainees in psychiatric social work, psychiatry, clinical psychology, or psychiatric nursing, the recipient thereof must agree in writing to practice his or her profession in the employ of any one of the following institutions or agencies for 1 month for each month of grant immediately after graduation or, in lieu thereof, to repay the full amount of the scholarship or stipend together with interest at the rate of 5 percent per annum over a period not to exceed 10 years:

(1)  The staff of one of the state hospitals of the Mental Health Program Office.

(2)  The Department of Corrections.

(3)  A mental health clinic or guidance center.

(4)  One of the state-operated universities.

(5)  A circuit court exercising jurisdiction in connection with juveniles.

(6)  A public school.

(7)  Such other accredited social agencies or state institutions as may be approved by the Department of Children and Family Services.

History.--s. 7, ch. 29880, 1955; s. 1, ch. 59-249; s. 1, ch. 65-511; s. 2, ch. 65-14; s. 1, ch. 69-58; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 25, ch. 73-334; s. 8, ch. 77-120; s. 15, ch. 79-3; s. 260, ch. 81-259; s. 804, ch. 95-148; s. 131, ch. 99-8.

402.115  Sharing confidential or exempt information.--Notwithstanding any other provision of law to the contrary, the Department of Health and the Department of Children and Family Services may share confidential information or information exempt from disclosure under chapter 119 on any individual who is or has been the subject of a program within the jurisdiction of each agency. Information so exchanged remains confidential or exempt as provided by law.

History.--s. 19, ch. 98-191.

402.12  National Community Mental Health Centers Act.--Any federal funds accruing to the state for the purposes of carrying out the national Community Mental Health Centers Act of 1963 shall be paid to the Department of Children and Family Services for expenditure as directed by said department.

History.--s. 1, ch. 63-305; ss. 19, 35, ch. 69-106; s. 262, ch. 77-147; s. 132, ch. 99-8.

Note.--Former s. 965.16.

402.16  Proceedings by department.--

(1)  Whenever it becomes necessary for the welfare and convenience of any of the institutions now under the supervision and control of the Department of Children and Family Services, or which may hereafter be placed under the supervision and control of said department, to acquire private property for the use of any of said institutions, and the same cannot be acquired by agreement satisfactory to the said department and the parties interested in, or the owners of said private property, the department is hereby empowered and authorized to exercise the right of eminent domain, and to proceed to condemn the said property in the same manner as provided by law for the condemnation of property.

(2)  Any suit or actions brought by the said department to condemn property as provided in this section shall be brought in the name of the Department of Children and Family Services, and it shall be the duty of the Department of Legal Affairs to conduct the proceedings for, and to act as counsel for the said Department of Children and Family Services.

History.--ss. 1, 2, ch. 7947, 1919; CGL 5104, 5105; ss. 1, 2, ch. 20873, 1941; s. 22, ch. 20930, 1941; s. 3, ch. 65-369; ss. 11, 19, 35, ch. 69-106; s. 133, ch. 99-8.

Note.--Former s. 73.22; s. 965.061.

402.161  Authorization for sale of property.--

(1)  The Department of Children and Family Services is authorized to sell any real or personal property that it acquired by way of donation, gift, contribution, bequest, or devise from any person, persons, or organizations when such real or personal property is determined by the department not to be necessary for use in connection with the work of the department. All proceeds derived from the sale of such property shall be transmitted to the State Treasury to be credited to the department.

(2)  The Department of Children and Family Services is authorized to use for its purposes any moneys realized from the sale of any such real or personal property. It is expressly declared to be the intention of the Legislature that such moneys are appropriated to the department and may be used by it for its purposes. However, such moneys shall be withdrawn in accordance with law. Such moneys are appropriated to the use of the department in addition to other funds which have been or may otherwise be appropriated for its purposes.

History.--s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 1, ch. 70-439; s. 17, ch. 78-433; s. 222, ch. 99-13.

Note.--Former s. 409.065.

402.165  Statewide Human Rights Advocacy Committee; confidential records and meetings.--

(1)  There is created within the Department of Children and Family Services a Statewide Human Rights Advocacy Committee. The Department of Children and Family Services shall provide administrative support and service to the committee to the extent requested by the executive director within available resources. The Statewide Human Rights Advocacy Committee shall not be subject to control, supervision, or direction by the Department of Children and Family Services in the performance of its duties. The committee shall consist of 15 citizens, one from each service district of the Department of Children and Family Services, who broadly represent the interests of the public and the clients of that department. The members shall be representative of five groups of citizens as follows: one elected public official; two providers who deliver services or programs to clients of the Department of Children and Family Services; four nonsalaried representatives of nonprofit agencies or civic groups; four representatives of health and rehabilitative services consumer groups who are currently receiving, or have received, services from the Department of Children and Family Services within the past 4 years, at least one of whom must be a consumer; and four residents of the state who do not represent any of the foregoing groups, two of whom represent health-related professions and two of whom represent the legal profession. In appointing the representatives of the health-related professions, the appointing authority shall give priority of consideration to a physician licensed under chapter 458 or chapter 459; and, in appointing the representatives of the legal profession, the appointing authority shall give priority of consideration to a member in good standing of The Florida Bar. Except for the member who is an elected public official, each member of the Statewide Human Rights Advocacy Committee must have served as a member of a district human rights advocacy committee. Persons related to each other by consanguinity or affinity within the third degree may not serve on the Statewide Human Rights Advocacy Committee at the same time.

(2)  Members of the Statewide Human Rights Advocacy Committee shall be appointed to serve terms of 3 years. A member may not serve more than two consecutive terms. The limitation on the number of terms a member may serve applies without regard to whether a term was served before or after October 1, 1989.

(3)  If a member of the Statewide Human Rights Advocacy Committee fails to attend two-thirds of the regular committee meetings during the course of a year, the position held by such member may be deemed vacant by the committee. The Governor shall fill the vacancy pursuant to subsection (4). If a member of the Statewide Human Rights Advocacy Committee is in violation of the provisions of this section or procedures adopted thereto, the committee may recommend to the Governor that such member be removed.

(4)  The Governor shall fill each vacancy on the Statewide Human Rights Advocacy Committee from a list of nominees submitted by the statewide committee. A list of candidates shall be submitted to the statewide committee by the district human rights advocacy committee in the district from which the vacancy occurs. Priority of consideration shall be given to the appointment of an individual whose primary interest, experience, or expertise lies with a major client group of the Department of Children and Family Services not represented on the committee at the time of the appointment. If an appointment is not made within 60 days after a vacancy occurs on the committee, the vacancy shall be filled by a majority vote of the statewide committee without further action by the Governor. No person who is employed by the Department of Children and Family Services may be appointed to the committee.

(5)(a)  Members of the Statewide Human Rights Advocacy Committee shall receive no compensation, but shall be entitled to be reimbursed for per diem and travel expenses in accordance with s. 112.061.

(b)  The committee shall select an executive director who shall serve at the pleasure of the committee and shall perform the duties delegated to him or her by the committee. The compensation of the executive director shall be established in accordance with the rules of the Selected Exempt Service.

(c)  The committee may apply for, receive, and accept grants, gifts, donations, bequests, and other payments including money or property, real or personal, tangible or intangible, and service from any governmental or other public or private entity or person and make arrangements as to the use of same.

(d)  The Statewide Human Rights Advocacy Committee shall annually prepare a budget request that shall not be subject to change by department staff after it is approved by the committee, but the budget request shall be submitted to the Governor by the department for transmittal to the Legislature. The budget shall include a request for funds to carry out the activities of the Statewide Human Rights Advocacy Committee and the district human rights advocacy committees.

(6)  The members of the Statewide Human Rights Advocacy Committee shall elect a chairperson to a term of 1 year. A person may not serve as chairperson for more than two consecutive terms.

(7)  The responsibilities of the committee include, but are not limited to:

(a)  Serving as an independent third-party mechanism for protecting the constitutional and human rights of any client within a program or facility operated, funded, licensed, or regulated by the Department of Children and Family Services.

(b)  Monitoring by site visit and inspection of records, the delivery and use of services, programs, or facilities operated, funded, regulated, or licensed by the Department of Children and Family Services for the purpose of preventing abuse or deprivation of the constitutional and human rights of clients. The Statewide Human Rights Advocacy Committee may conduct an unannounced site visit or monitoring visit that involves the inspection of records if such visit is conditioned upon a complaint. A complaint may be generated by the committee itself if information from the Department of Children and Family Services or other sources indicates a situation at the program or facility that indicates possible abuse or neglect of clients. The Statewide Human Rights Advocacy Committee shall establish and follow uniform criteria for the review of information and generation of complaints. Routine program monitoring and reviews that do not require an examination of records may be made unannounced.

(c)  Receiving, investigating, and resolving reports of abuse or deprivation of constitutional and human rights referred to the Statewide Human Rights Advocacy Committee by a district human rights advocacy committee. If a matter constitutes a threat to the life, safety, or health of clients or is multidistrict in scope, the Statewide Human Rights Advocacy Committee may exercise such powers without the necessity of a referral from a district committee.

(d)  Reviewing existing programs or services and new or revised programs of the Department of Children and Family Services and making recommendations as to how the rights of clients are affected.

(e)  Submitting an annual report to the Legislature, no later than December 30 of each calendar year, concerning activities, recommendations, and complaints reviewed or developed by the committee during the year.

(f)  Conducting meetings at least six times a year at the call of the chairperson and at other times at the call of the Governor or by written request of six members of the committee.

(g)  Developing and adopting uniform procedures to be used to carry out the purpose and responsibilities of the human rights advocacy committees, which procedures shall include, but need not be limited to, the following:

1.  The responsibilities of the committee;

2.  The organization and operation of the statewide committee and district committees, including procedures for replacing a member, formats for maintaining records of committee activities, and criteria for determining what constitutes a conflict of interest for purposes of assigning and conducting investigations and monitoring;

3.  Uniform procedures for the statewide committee and district committees to receive and investigate reports of abuse of constitutional or human rights;

4.  The responsibilities and relationship of the district human rights advocacy committees to the statewide committee;

5.  The relationship of the committee to the Department of Children and Family Services, including the way in which reports of findings and recommendations related to reported abuse are given to the Department of Children and Family Services;

6.  Provision for cooperation with the State Long-Term Care Ombudsman Council;

7.  Procedures for appeal. An appeal to the state committee is made by a district human rights advocacy committee when a valid complaint is not resolved at the district level. The statewide committee may appeal an unresolved complaint to the secretary of the Department of Children and Family Services. If, after exhausting all remedies, the statewide committee is not satisfied that the complaint can be resolved within the Department of Children and Family Services, the appeal may be referred to the Governor or the Legislature;

8.  Uniform procedures for gaining access to and maintaining confidential information; and

9.  Definitions of misfeasance and malfeasance for members of the statewide committee and district committees.

(h)  Monitoring the performance and activities of all district committees and providing technical assistance to members and staff of district committees.

(i)  Providing for the development and presentation of a standardized training program for members of district committees.

(8)(a)  In the performance of its duties, the Statewide Human Rights Advocacy Committee shall have:

1.  Authority to receive, investigate, seek to conciliate, hold hearings on, and act on complaints which allege any abuse or deprivation of constitutional or human rights of clients.

2.  Access to all client records, files, and reports from any program, service, or facility that is operated, funded, licensed, or regulated by the Department of Children and Family Services and any records which are material to its investigation and which are in the custody of any other agency or department of government. The committee's investigation or monitoring shall not impede or obstruct matters under investigation by law enforcement or judicial authorities. Access shall not be granted if a specific procedure or prohibition for reviewing records is required by federal law and regulation which supersedes state law. Access shall not be granted to the records of a private licensed practitioner who is providing services outside agencies and facilities and whose client is competent and refuses disclosure.

3.  Standing to petition the circuit court for access to client records which are confidential as specified by law. The petition shall state the specific reasons for which the committee is seeking access and the intended use of such information. The court may authorize committee access to such records upon a finding that such access is directly related to an investigation regarding the possible deprivation of constitutional or human rights or the abuse of a client. Original client files, records, and reports shall not be removed from the Department of Children and Family Services or agency facilities. Under no circumstance shall the committee have access to confidential adoption records in accordance with the provisions of ss. 39.0132, 63.022, and 63.162. Upon completion of a general investigation of practices and procedures of the Department of Children and Family Services, the committee shall report its findings to that department.

(b)  All information obtained or produced by the committee which is made confidential by law, which relates to the identity of any client or group of clients subject to the protections of this section, or which relates to the identity of an individual who provides information to the committee about abuse or alleged violations of constitutional or human rights, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(c)  Portions of meetings of the Statewide Human Rights Advocacy Committee which relate to the identity of any client or group of clients subject to the protections of this section, which relate to the identity of an individual who provides information to the committee about abuse or alleged violations of constitutional or human rights, or wherein testimony is provided relating to records otherwise made confidential by law, are exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution.

(d)  All records prepared by members of the committee which reflect a mental impression, investigative strategy, or theory are exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or until the investigation ceases to be active. For purposes of this section, an investigation is considered "active" while such investigation is being conducted by the committee with a reasonable, good faith belief that it may lead to a finding of abuse or of a violation of human rights. An investigation does not cease to be active so long as the committee is proceeding with reasonable dispatch and there is a good faith belief that action may be initiated by the committee or other administrative or law enforcement agency.

(e)  Any person who knowingly and willfully discloses any such confidential information is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 5, ch. 89-215; s. 5, ch. 91-429; s. 14, ch. 92-58; s. 26, ch. 93-177; s. 9, ch. 93-262; s. 806, ch. 95-148; s. 5, ch. 95-407; s. 236, ch. 96-406; s. 144, ch. 98-403; s. 134, ch. 99-8.

402.166  District human rights advocacy committees; confidential records and meetings.--

(1)  At least one district human rights advocacy committee is created in each service district of the Department of Children and Family Services. The district human rights advocacy committees shall be subject to direction from and the supervision of the Statewide Human Rights Advocacy Committee. The district administrator shall assign staff to provide administrative support to the committees, and staff assigned to these positions shall perform the functions required by the committee without interference from the department. The district committees shall direct the activities of staff assigned to them to the extent necessary for the committees to carry out their duties. The number and areas of responsibility of the district human rights advocacy committees, not to exceed three in any district, shall be determined by the majority vote of district committee members. However, district II may have four committees. District committees shall meet at facilities under their jurisdiction whenever possible.

(2)  Each district human rights advocacy committee shall have no fewer than 7 members and no more than 15 members, 25 percent of whom are or have been clients of the Department of Children and Family Services within the last 4 years, except that one member of this group may be an immediate relative or legal representative of a current or former client; two providers, who deliver services or programs to clients of the Department of Children and Family Services; and two representatives of professional organizations, one of whom represents health-related professions and one of whom represents the legal profession. Priority of consideration shall be given to the appointment of at least one medical or osteopathic physician, as defined in chapters 458 and 459, and one member in good standing of The Florida Bar. Priority of consideration shall also be given to the appointment of an individual whose primary interest, experience, or expertise lies with a major client group of the Department of Children and Family Services not represented on the committee at the time of the appointment. In no case shall a person who is employed by the Department of Children and Family Services be selected as a member of a committee. At no time shall individuals who are providing contracted services to the Department of Children and Family Services constitute more than 25 percent of the membership of a district committee. Persons related to each other by consanguinity or affinity within the third degree shall not serve on the same district human rights advocacy committee at the same time. All members of district human rights advocacy committees must successfully complete a standardized training course for committee members within 3 months after their appointment to a committee. A member may not be assigned an investigation which requires access to confidential information prior to the completion of the training course. After he or she completes the required training course, a member of a committee shall not be prevented from participating in any activity of that committee, including investigations and monitoring, except due to a conflict of interest as described in the procedures established by the Statewide Human Rights Advocacy Committee pursuant to subsection (7).

(3)(a)  With respect to existing committees, each member shall serve a term of 4 years. Upon expiration of a term and in the case of any other vacancy, the district committee shall appoint a replacement by majority vote of the committee, subject to the approval of the Governor. A member may serve no more than two consecutive terms.

(b)1.  The Governor shall appoint the first 4 members of any newly created committee; and those 4 members shall select the remaining 11 members, subject to approval of the Governor. If any of the first four members are not appointed within 60 days of a request being submitted to the Governor, those members shall be appointed by a majority vote of the district committee without further action by the Governor.

2.  Members shall serve for no more than two consecutive terms of 3 years, except that at the time of initial appointment, terms shall be staggered so that the first six members appointed serve for terms of 2 years and the remaining five members serve for terms of 3 years. Vacancies shall be filled as provided in subparagraph 1.

(c)  If no action is taken by the Governor to approve or disapprove a replacement of a member pursuant to this paragraph within 30 days after the district committee has notified the Governor of the appointment, then the appointment of the replacement shall be considered approved.

(d)  The limitation on the number of terms a member may serve applies without regard to whether a term was served before or after October 1, 1989.

(4)  Each committee shall elect a chairperson for a term of 1 year. A person may not serve as chairperson for more than two consecutive terms. The chairperson's term expires on the anniversary of the chairperson's election.

(5)  In the event that a committee member fails to attend two-thirds of the regular committee meetings during the course of a year, it shall be the responsibility of the committee to replace such member. If a district committee member is in violation of the provisions of this subsection or procedures adopted thereto, a district committee may recommend to the Governor that such member be removed.

(6)  A member of a district committee shall receive no compensation but shall receive per diem and shall be entitled to be reimbursed for travel expenses as provided in s. 112.061. Members may be provided reimbursement for long-distance telephone calls if such calls were necessary to an investigation of an abuse or deprivation of human rights.

(7)  A district human rights advocacy committee shall first seek to resolve a complaint with the appropriate local administration, agency, or program; any matter not resolved by the district committee shall be referred to the Statewide Human Rights Advocacy Committee. A district human rights advocacy committee shall comply with appeal procedures established by the Statewide Human Rights Advocacy Committee. The duties, actions, and procedures of both new and existing district human rights advocacy committees shall conform to the provisions of this act. The duties of each district human rights advocacy committee shall include, but are not limited to:

(a)  Serving as an independent third-party mechanism for protecting the constitutional and human rights of any client within a program or facility operated, funded, licensed, or regulated by the Department of Children and Family Services.

(b)  Monitoring by site visit and inspection of records, the delivery and use of services, programs or facilities operated, funded, regulated or licensed by the Department of Children and Family Services for the purpose of preventing abuse or deprivation of the constitutional and human rights of clients. A district human rights advocacy committee may conduct an unannounced site visit or monitoring visit that involves the inspection of records if such visit is conditioned upon a complaint. A complaint may be generated by the committee itself if information from the Department of Children and Family Services or other sources indicates a situation at the program or facility that indicates possible abuse or neglect of clients. The district human rights advocacy committees shall follow uniform criteria established by the Statewide Human Rights Advocacy Committee for the review of information and generation of complaints. Routine program monitoring and reviews that do not require an examination of records may be made unannounced.

(c)  Receiving, investigating, and resolving reports of abuse or deprivation of constitutional and human rights.

(d)  Reviewing and making recommendation with respect to the involvement by clients of the Department of Children and Family Services as subjects for research projects, prior to implementation, insofar as their human rights are affected.

(e)  Reviewing existing programs or services and new or revised programs of the Department of Children and Family Services and making recommendations as to how the rights of clients are affected.

(f)  Appealing to the state committee any complaint unresolved at the district level. Any matter that constitutes a threat to the life, safety, or health of a client or is multidistrict in scope shall automatically be referred to the Statewide Human Rights Advocacy Committee.

(g)  Submitting an annual report by September 30 to the Statewide Human Rights Advocacy Committee concerning activities, recommendations, and complaints reviewed or developed by the committee during the year.

(h)  Conducting meetings at least six times a year at the call of the chairperson and at other times at the call of the Governor, at the call of the Statewide Human Rights Advocacy Committee, or by written request of a majority of the members of the committee.

(8)(a)  In the performance of its duties, a district human rights advocacy committee shall have:

1.  Access to all client records, files, and reports from any program, service, or facility that is operated, funded, licensed, or regulated by the Department of Children and Family Services and any records which are material to its investigation and which are in the custody of any other agency or department of government. The committee's investigation or monitoring shall not impede or obstruct matters under investigation by law enforcement or judicial authorities. Access shall not be granted if a specific procedure or prohibition for reviewing records is required by federal law and regulation which supersedes state law. Access shall not be granted to the records of a private licensed practitioner who is providing services outside agencies and facilities and whose client is competent and refuses disclosure.

2.  Standing to petition the circuit court for access to client records which are confidential as specified by law. The petition shall state the specific reasons for which the committee is seeking access and the intended use of such information. The court may authorize committee access to such records upon a finding that such access is directly related to an investigation regarding the possible deprivation of constitutional or human rights or the abuse of a client. Original client files, records, and reports shall not be removed from Department of Children and Family Services or agency facilities. Upon no circumstances shall the committee have access to confidential adoption records in accordance with the provisions of ss. 39.0132, 63.022, and 63.162. Upon completion of a general investigation of practices and procedures of the Department of Children and Family Services, the committee shall report its findings to that department.

(b)  All information obtained or produced by the committee which is made confidential by law, which relates to the identity of any client or group of clients subject to the protection of this section, or which relates to the identity of an individual who provides information to the committee about abuse or alleged violations of constitutional or human rights, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(c)  Portions of meetings of a district human rights advocacy committee which relate to the identity of any client or group of clients subject to the protections of this section, which relate to the identity of an individual who provides information to the committee about abuse or alleged violations of constitutional or human rights, or wherein testimony is provided relating to records otherwise made confidential by law, are exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution.

(d)  All records prepared by members of the committee which reflect a mental impression, investigative strategy, or theory are exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or until the investigation ceases to be active. For purposes of this section, an investigation is considered "active" while such investigation is being conducted by the committee with a reasonable, good faith belief that it may lead to a finding of abuse or of a violation of human rights. An investigation does not cease to be active so long as the committee is proceeding with reasonable dispatch and there is a good faith belief that action may be initiated by the committee or other administrative or law enforcement agency.

(e)  Any person who knowingly and willfully discloses any such confidential information is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 2, 5, ch. 89-215; s. 5, ch. 91-429; s. 807, ch. 95-148; s. 6, ch. 95-407; s. 237, ch. 96-406; s. 145, ch. 98-403; s. 135, ch. 99-8.

402.167  Department duties relating to the Statewide Human Rights Advocacy Committee and the District Human Rights Advocacy Committees.--

(1)  The Department of Children and Family Services shall adopt rules which are consistent with law, amended to reflect any statutory changes, which rules address at least the following:

(a)  Procedures by which Department of Children and Family Services district staff refer reports of abuse to district human rights advocacy committees.

(b)  Procedures by which client information is made available to members of the Statewide Human Rights Advocacy Committee and the district human rights advocacy committees.

(c)  Procedures by which recommendations made by human rights advocacy committees will be incorporated into Department of Children and Family Services policies and procedures.

(d)  Procedures by which committee members are reimbursed for authorized expenditures.

(2)  The Department of Children and Family Services shall provide for the location of district human rights advocacy committees in district headquarters offices and shall provide necessary equipment and office supplies, including, but not limited to, clerical and word processing services, photocopiers, telephone services, and stationery and other necessary supplies.

(3)  The secretary shall ensure the full cooperation and assistance of employees of the Department of Children and Family Services with members and staff of the human rights advocacy committees. Further, the secretary shall ensure that to the extent possible, staff assigned to the Statewide Human Rights Advocacy Committees and District Human Rights Advocacy Committees are free of interference from or control by the department in performing their duties relative to those committees.

History.--ss. 3, 5, ch. 89-215; s. 7, ch. 91-158; s. 5, ch. 91-429; s. 136, ch. 99-8.

402.17  Claims for care and maintenance; trust property.--The Department of Children and Family Services shall protect the financial interest of the state with respect to claims which the state may have for the care and maintenance of clients of the department. The department shall, as trustee, hold in trust and administer money of clients and property designated for the personal benefit of clients. The department shall act as trustee of clients' money and property entrusted to it in accordance with the usual fiduciary standards applicable generally to trustees, and shall act to protect both the short-term and long-term interests of the clients for whose benefit it is holding such money and property.

(1)  CLAIMS FOR CARE AND MAINTENANCE.--

(a)  The department shall perform the following acts:

1.  Receive and supervise the collection of sums due the state.

2.  Bring any court action necessary to collect any claim the state may have against any client, former client, guardian of any client or former client, executor or administrator of the client's estate, or any person against whom any client or former client may have a claim.

3.  Obtain a copy of any inventory or appraisal of the client's property filed with any court.

4.  Obtain from the Economic Self-Sufficiency Program Office a financial status report on any client or former client, including the ability of third parties responsible for such client to pay all or part of the cost of the client's care and maintenance.

5.  Petition the court for appointment of a guardian or administrator for an otherwise unrepresented client or former client should the financial status report or other information indicate the need for such action. The cost of any such action shall be charged against the assets or estate of the client.

6.  Represent the interest of the state in any litigation in which a client or former client is a party.

7.  File claims with any person, firm, or corporation or with any federal, state, county, district, or municipal agency on behalf of an unrepresented client.

8.  Represent the state in the settlement of the estates of deceased clients or in the settlement of estates in which a client or a former client against whom the state may have a claim has a financial interest.

9.  Establish procedures by rule for the use of amounts held in trust for the client to pay for the cost of care and maintenance, if such amounts would otherwise cause the client to become ineligible for services which are in the client's best interests.

(b)  The Department of Children and Family Services may charge off accounts if it certifies that the accounts are uncollectible after diligent efforts have been made to collect them. If the department certifies an account to the Department of Banking and Finance, setting forth the circumstances upon which it predicates the uncollectibility, and if, pursuant to s. 17.04, the Department of Banking and Finance concurs, the account shall be charged off.

(2)  MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE OR BENEFIT OF ANY CLIENT.--The department shall perform the following acts:

(a)  Accept and administer in trust, as a trustee having a fiduciary responsibility to a client of the department, any money or other property received for personal use or benefit of that client. In the case of children in the legal custody of the department, following the termination of the parental rights as to that client, until such client leaves the legal custody of the department due to the client's adoption or because the client attains the age of 18 or, in the case of children who are otherwise in the custody of the department, the court having jurisdiction over such client shall have jurisdiction, upon application of the department or other interested party, to review or approve any extraordinary action of the department acting as trustee as to the client's money or other property. When directed by a court of competent jurisdiction, the department may further hold money or property of a person under the age of 18 who has been in the care, custody, or control of the department and who is the subject of a court proceeding during the pendency of that proceeding.

(b)  Deposit the money in banks qualified as state depositories, or in any bank, credit union, or savings and loan association authorized to do business in this state, provided moneys so deposited or held by such institutions are fully insured by a federal depository or share insurance program, or an approved state depository or share insurance program, and are available on demand.

(c)  Withdraw the money and use it to meet current needs of clients. For purposes of this paragraph, "current needs" includes payment of fees assessed under s. 402.33. The amount of money withdrawn by the department to meet current needs of a client shall take into account the need of the department, as the trustee of a client's money and property, to provide for the long-term needs of a client, including, but not limited to, to provide for the need of a client under the age of 18 to have financial resources available to be able to function as an adult upon reaching the age of 18, or to meet the special needs of a client who has a disability and whose special needs cannot otherwise be met by any form of public assistance or family resources, or to maintain the client's eligibility for public assistance, including medical assistance, under state or federal law.

(d)  As trustee, invest in the manner authorized by law for fiduciaries money not used for current needs of clients. Such investments may include, but shall not be limited to, investments in savings share accounts of any credit union chartered under the laws of the United States and doing business in this state, and savings share accounts of any credit union chartered under the laws of this state, provided the credit union is insured under the federal share insurance program or an approved state share insurance program.

(3)  DEPOSIT OF FUNDS RECEIVED.--Funds received by the Department of Children and Family Services in accordance with s. 402.33 shall be deposited into a trust fund for the operation of the department.

(4)  DISPOSITION OF UNCLAIMED TRUST FUNDS.--Upon the death of any client affected by the provisions of this section, any unclaimed money held in trust by the department or by the Treasurer for him or her shall be applied first to the payment of any unpaid claim of the state against the client, and any balance remaining unclaimed for a period of 1 year shall escheat to the state as unclaimed funds held by fiduciaries.

(5)  LEGAL REPRESENTATION.--To the extent that the budget will permit, the Department of Legal Affairs shall furnish the legal services to carry out the provisions of this section. Upon the request of the Department of Children and Family Services, the various state and county attorneys shall assist in litigation within their jurisdiction. Such department may retain legal counsel for necessary legal services which cannot be furnished by the Department of Legal Affairs and the various state and county attorneys.

(6)  DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.--

(a)  The Department of Children and Family Services may deposit any funds of clients in its possession in any bank in the state or may invest or reinvest such funds in bonds or obligations of the United States for the payment of which the full faith and credit of the United States is pledged. For purposes of deposit only, the funds of any client may be mingled with the funds of any other clients.

(b)  The interest or increment accruing on such funds shall be the property of the clients and shall be used or conserved for the personal use or benefit of the individual client, in accordance with the department's fiduciary responsibility as a trustee for the money and property of the client held by the department. Such interest shall not accrue to the general welfare of all clients. Whenever any proposed action of the department, acting in its own interest, may conflict with the department's obligation as a trustee with a fiduciary responsibility to the client, the department shall promptly present the matter to a court of competent jurisdiction for the court's determination as to what action the department may take. The department shall establish rules governing reasonable fees for the cost of administering such accounts and for establishing the minimum balance eligible to earn interest.

(7)  DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR SERVICES OF THE DEPARTMENT.--

(a)  Whenever a client of the department for whom the department is holding money or property as a trustee attains the age of 18, and thereby will no longer be in the legal custody of the department, the department shall promptly disburse such money and property of the client the department has held as a trustee to that client, or as that client directs, as soon as practicable once the client attains the age of 18.

(b)  Whenever a client of the department over the age of 18 for whom the department is holding money or property as a trustee no longer requires the care, custody, control, or services of the department, the department shall promptly disburse such money and property of the client the department has held as a trustee to that client, or as that client or a court directs, as soon as practicable.

(c)  When a client under the age of 18 who has been in the legal custody, care, or control of the department and for whom the department is holding money or property as a trustee attains the age of 18 and has a physical or mental disability, or is otherwise incapacitated or incompetent to handle that client's own financial affairs, the department shall apply for a court order from a court of competent jurisdiction to establish a trust on behalf of that client. Where there is no willing relative of the client acceptable to the court available to serve as trustee of such proposed trust, the court may enter an order authorizing the department to serve as trustee of a separate trust under such terms and conditions as the court determines appropriate to the circumstances.

(d)  When a client under the age of 18 who has been in the legal custody, care, or control of the department and for whom the department is holding money or property as a trustee leaves the care, custody, and control of the department due to adoption or placement of the client with a relative, or as otherwise directed by a court of competent jurisdiction, the department shall notify that court of the existence of the money and property in the possession of the department either prior to, or promptly after, receiving knowledge of the change of custody, care, or control. The department shall apply for an order from the court exercising jurisdiction over the client to direct the disposition of the money and property belonging to that client. The court order may establish a trust in which the money and property of the client will be deposited, appoint a guardian of a property as to the money or property of the client, or direct the creation of a ¹Uniform Gifts to Minors Act account on behalf of that client, as the court finds appropriate and under the terms and conditions the court determines appropriate to the circumstances.

History.--s. 2, ch. 59-222; s. 1, ch. 65-279; ss. 11, 19, 35, ch. 69-106; s. 1, ch. 70-341; s. 1, ch. 70-439; s. 1, ch. 72-350; s. 25, ch. 73-334; s. 131, ch. 79-190; s. 1, ch. 79-269; s. 1, ch. 83-59; s. 17, ch. 85-167; s. 1, ch. 85-187; s. 808, ch. 95-148; s. 1, ch. 96-402; s. 137, ch. 99-8.

¹Note.--Chapter 85-95 replaced the Florida Gifts to Minors Act with the Florida Uniform Transfers to Minors Act.

Note.--Former s. 965.08.

402.175  Legislative intent; developmentally disabled and mentally ill persons' umbrella trust fund.--

(1)  The Legislature finds and declares that estate planning by families of developmentally disabled and mentally ill persons encourages family ties and supports the health and welfare of developmentally disabled and mentally ill persons. The Legislature further recognizes that many families do not have the continuing financial resources to establish independent trusts for the benefit of their developmentally disabled and mentally ill offspring. Therefore, it is the intent of the Legislature by this act to develop an umbrella trust in which families may participate by complying with the provisions of this section.

(2)  As used in this section, the term:

(a)  "Individual trust" means a trust created with the model individual trust agreement by which the family of a developmentally disabled or mentally ill person contributes assets for entrance into the umbrella trust fund for the benefit of the developmentally disabled or mentally ill person.

(b)  "Main umbrella trust" means that portion of the umbrella trust fund which is funded from state appropriations, grants and donations, and remainder interests of individual trusts, and interest thereon.

(c)  "Umbrella trust fund" means the main umbrella trust and the individual trusts.

(3)  The department shall cause to be established an umbrella trust fund for the benefit of developmentally disabled and mentally ill persons in this state. Such trust shall be funded by:

(a)  State appropriations.

(b)  Grants and donations.

(c)  The remainder interest left to the umbrella trust by the individual trusts as provided by paragraph (4)(b).

(4)  In order to qualify for inclusion in the umbrella trust fund, a family of a developmentally disabled or mentally ill person which establishes an individual trust for the developmentally disabled or mentally ill person shall:

(a)  Create an individual trust that shall equal or exceed a minimum amount established by the department through its rulemaking authority based on the life expectancy of the developmentally disabled or mentally ill person. Such rule shall require no less than $2,500 and no more than $30,000 for entrance into the umbrella trust.

(b)  Leave an irrevocable remainder interest from the individual trust to the main umbrella trust except that any remainder in excess of $10,000 at the death of the developmentally disabled or mentally ill person shall be subject to the conditions set forth by the individual trust agreement rather than the main umbrella trust.

(c)  Have the individual trust administered by the trustee of the umbrella trust fund.

(d)  Conform to the requirement of the model individual trust as set forth by rule of the department pursuant to paragraph (6)(c).

(5)(a)  Each developmentally disabled or mentally ill person's income shall be derived from the funds available in the individual trust and income therefrom.

(b)  The main umbrella trust and interest earned thereon shall be used to fund the expenditures permitted by paragraph (6)(a) upon the expiration of funds available to the developmentally disabled or mentally ill person through his or her individual trust.

(6)  The department shall by rule:

(a)  Establish specific expenditure categories within which the trustee may make disbursements.

1.  Such categories shall be based on the most common and reasonable unmet needs of developmentally disabled or mentally ill persons.

2.  With respect to the developmentally disabled or mentally ill person's using the money available from the main umbrella trust, a different category of expenditures may be utilized, dependent upon the resources of the main umbrella trust so that the principal of the main umbrella trust is not substantially diminished.

(b)  Establish which types of property will qualify for contribution to the umbrella trust fund.

(c)  Develop a model individual trust agreement by which the family of a developmentally disabled or mentally ill person can contribute assets for entrance into the umbrella trust fund in order to minimize any possibility of conflicts between the main umbrella trust and the individual trust.

(d)  Establish additional rules pertaining to the administration of expenditures from the individual trust and the establishment of fees for administering the umbrella trust fund.

(7)  The department shall contract for the administration of the umbrella trust fund with a trust company that will serve as trustee of the umbrella trust fund and has its principal place of business in this state. Trustees shall serve without compensation other than for the usual and customary fees for similar administration of trusts of a like amount. Administration fees shall be deducted from the income on the umbrella trust fund prior to the quarterly income distribution.

(8)  The trustee shall:

(a)  Determine that no funds from the umbrella trust fund shall be used to pay for the types of services which the state provides for developmentally disabled or mentally ill persons.

(b)  Determine that funds from the umbrella trust fund shall be used for benefits to developmentally disabled or mentally ill persons over and above those provided by state and federal agencies.

(c)  Accept grants and donations for the general benefit of the main umbrella trust.

(d)  Commingle and invest assets of trusts to obtain the highest earnings for trusts.

(e)  Maintain a record of receipts, income, and expenditures on behalf of each developmentally disabled or mentally ill person's individual trust and provide an annual accounting thereon to the beneficiary of the trust or to the beneficiary's representative.

(f)  If the net income of the trust at the end of any calendar year exceeds 10 percent of the state appropriations to the trust, refund to the General Revenue Fund one-half of the excess.

(g)  Have all other powers and duties necessary to carry out the intent of this section.

(9)  The trustee shall make no payments to or purchases for the developmentally disabled or mentally ill person which would make the developmentally disabled or mentally ill person ineligible for state or federal social service programs.

History.--s. 1, ch. 85-253; s. 809, ch. 95-148; s. 1, ch. 98-115.

402.18  Welfare trust funds created; use of.--

(1)  All moneys now held in any auxiliary, canteen, welfare, donated, or similar fund in any state institution under the jurisdiction of the Department of Children and Family Services shall be deposited in a welfare trust fund, which fund is hereby created in the State Treasury, or in a place which the department shall designate. The money in the fund of each institution of the department, or which may accrue thereto, is hereby appropriated for the benefit, education, and general welfare of clients in that institution. The general welfare of clients includes, but is not limited to, the establishment of, maintenance of, employment of personnel for, and the purchase of items for resale at canteens or vending machines maintained at the state institutions and for the establishment of, maintenance of, employment of personnel for, and the operation of canteens, hobby shops, recreational or entertainment facilities, sheltered workshops, activity centers, farming projects, or other like facilities or programs at the institutions.

(2)  All moneys now held in any auxiliary, canteen, welfare, donated, or similar fund in any district of the department shall be deposited in a welfare trust fund which is hereby created in the State Treasury, or in a place which the department shall designate. Money in the fund of each district of the department, or which may accrue thereto, is hereby appropriated for the purpose for which the donor intended. Absent specific intentions of donor, such moneys shall be used for programs for the benefit, education, and general welfare of all clients of the department. All sales taxes collected by the department in a district for the Department of Revenue may be deposited into the district trust fund to facilitate preparing consolidated sales tax returns and remittals of sales tax to the Department of Revenue.

(3)  The department shall deposit in a welfare trust fund all receipts from the operation of canteens, vending machines, hobby shops, sheltered workshops, activity centers, farming projects, and other such facilities designated as accruing to a specific welfare trust fund, and any moneys which may be assigned to a specific welfare trust fund by clients or others. Separate revenue and expense accounts shall be maintained in the department's accounting system for each such facility. Annually, the net proceeds, after providing an allowance for depreciation, shall be determined for such facility and made available for expenditures for the benefit and welfare of the clients of the department. The moneys of said fund shall constitute a trust held by the department for the benefit and welfare of the clients of the department.

(4)  Any contraband found upon, or in the possession of, any client of the department shall be confiscated and liquidated, and the proceeds thereof shall be deposited in a welfare trust fund.

(5)  The department may invest in the manner authorized by law for fiduciaries any money in a welfare trust fund which is not necessary for immediate use. Such investments may include, but shall not be limited to, investments in savings share accounts of any credit union chartered under the laws of the United States and doing business in this state, and savings share accounts of any credit union chartered under the laws of this state, provided the credit union is insured under the federal share insurance program or an approved state share insurance program. The interest earned and other increments derived from such investments of such money shall be deposited in the welfare trust fund. Moneys required for current use may be deposited in any bank, credit union, or savings and loan association authorized to do business in this state, provided such deposits are insured under a federal depository or share insurance program or under a state-approved depository or share insurance program, and provided such moneys are available on demand.

(6)  The department shall maintain accounts in the welfare trust fund for the sale of goods, services, or products resulting from sheltered workshop, activity center, and agricultural project operations carried out in the rehabilitation of the department's clients, each project being accounted for separately in accordance with cost standards established by the department, but the cost of such projects shall not include any wage or salary expenditures funded by a general revenue appropriation applicable to such rehabilitative activities. The cost of materials incorporated in such products sold, if funded by an appropriation of general revenue, shall be restored to general revenue unallocated at the end of the fiscal year of sale from the proceeds of such sales; provided, however, that the cost of inventories on hand June 30, 1984, shall be accounted for as part of the working capital authorized for such activities. The department may extend credit for the sale of products produced in such activities, and for those sales made for its clients through its hobby shops, to purchasers of demonstrated credit standing sufficient to warrant the amount of credit extended after prudent evaluation of information relating to such credit standing. The department may obtain credit reports from reputable credit reporting agencies to assure prudence in the extending of credit, except when payment is made by credit card, charge card, or debit card as authorized by s. 215.322. The department shall provide an allowance for doubtful accounts for credit sales and record an expense in a like amount based on a good faith estimate, such provision being recorded as a cost of such sales. The net revenue after such provision shall be retained in the welfare trust fund and used only for the benefit of the department's clients for whom the trust fund was established.

History.--s. 1, ch. 65-194; ss. 19, 35, ch. 69-106; s. 2, ch. 79-269; s. 18, ch. 85-167; s. 9, ch. 97-241; s. 138, ch. 99-8.

Note.--Former s. 965.081.

402.181  State Institutions Claims Program.--

(1)  There is created a State Institutions Claims Program, for the purpose of making restitution for property damages and direct medical expenses for injuries caused by shelter children or foster children, or escapees or inmates of state institutions under the Department of Children and Family Services, the Department of Juvenile Justice, or the Department of Corrections.

(2)  Claims for restitution may be filed with the Department of Legal Affairs at its office in accordance with regulations prescribed by the Department of Legal Affairs. The Department of Legal Affairs shall have full power and authority to hear, investigate, and determine all questions in respect to such claims and is authorized, within the limits of current appropriations, to pay individual claims up to $1,000 or, with respect to children in foster care and their families, individual claims up to $1,500. Claims in excess of these amounts shall continue to require legislative approval.

(3)(a)  The Department of Legal Affairs shall make or cause to be made such investigations as it considers necessary in respect to such claims. Hearings shall be held in accordance with chapter 120.

(b)  The Department of Legal Affairs shall work with the Department of Children and Family Services, the Department of Juvenile Justice, and the Department of Corrections to streamline the process of investigations, hearings, and determinations with respect to claims under this section, to ensure that eligible claimants receive restitution within a reasonable time.

History.--s. 1, ch. 72-120; s. 1, ch. 77-117; s. 9, ch. 77-120; s. 10, ch. 77-320; s. 16, ch. 79-3; s. 51, ch. 86-220; s. 68, ch. 94-209; s. 4, ch. 96-402; s. 68, ch. 96-418; s. 139, ch. 99-8.

402.185  Productivity enhancing technology.--

(1)  In accordance with the provisions of chapter 216, 20 percent of any unobligated General Revenue Fund or any trust fund appropriation for salaries and benefits, expenses, other personal services, operating capital outlay, and special categories remaining at the end of a fiscal year shall be available to the Department of Children and Family Services for purchases of productivity-enhancing technology, to improve existing services, and for community services initiatives. Funds used for such purposes may be certified forward.

(2)  In addition to the transfer authority provided in subsection (1), the department may transfer up to 0.25 percent of the general revenue appropriations from administrative costs of any budget entity within the department and the necessary administrative positions to increase the staff of the Office of Standards and Evaluation as described in s. 20.19(3). The staff may be established notwithstanding the provisions of s. 216.262(1)(a), but in conjunction with s. 216.177. The expenses of the department for independent contracting or consultation and the salaries and expenses associated with staff authorized in the General Appropriations Act or established through transfer pursuant to this subsection for outcome evaluation and program effectiveness functions shall be paid from funds transferred pursuant to this subsection.

History.--s. 21, ch. 96-403.

402.19  Photographing records; destruction of records; effect as evidence.--The Department of Children and Family Services may authorize each of the agencies under its supervision and control to photograph, microphotograph, or reproduce on film or prints, such correspondence, documents, records, data, and other information as the department shall determine, and which is not otherwise authorized to be reproduced under chapter 119, whether the same shall be of a temporary or permanent character and whether public, private, or confidential, including that pertaining to patients or inmates of the agencies, and to destroy any of said documents after they have been reproduced. Photographs or microphotographs in the form of film or prints made in compliance with the provisions of this section shall have the same force and effect as the originals thereof would have, and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs or microphotographs shall be admitted in evidence equally with the original photographs or microphotographs.

History.--s. 1, ch. 65-195; ss. 19, 35, ch. 69-106; s. 264, ch. 77-147; s. 140, ch. 99-8.

Note.--Former s. 272.22.

402.20  County contracts authorized for services and facilities in mental health and retardation areas.--The boards of county commissioners are authorized to provide monetary grants and facilities, and to enter into renewable contracts, for services and facilities, for a period not to exceed 2 years, with public and private hospitals, clinics, and laboratories; other state agencies, departments, or divisions; the state colleges and universities; the community colleges; private colleges and universities; counties; municipalities; towns; townships; and any other governmental unit or nonprofit organization which provides needed facilities for the mentally ill or retarded. These services are hereby declared to be for a public and county purpose. The county commissioners may make periodic inspections to assure that the services or facilities provided under this chapter meet the standards of the Department of Children and Family Services.

History.--s. 1, ch. 65-529; ss. 19, 35, ch. 69-106; s. 1, ch. 70-290; s. 1, ch. 70-439; s. 70, ch. 72-221; s. 265, ch. 77-147; s. 141, ch. 99-8.

Note.--Former s. 965.071.

402.22  Education program for students who reside in residential care facilities operated by the Department of Children and Family Services.--

(1)(a)  The Legislature recognizes that the Department of Children and Family Services has under its residential care students with critical problems of physical impairment, emotional disturbance, mental impairment, and learning impairment.

(b)  The Legislature recognizes the vital role of education in the rehabilitation of such students. It is the intent of the Legislature that all such students benefit from educational services and receive such services.

(c)  It is the intent of the Legislature that educational services be coordinated with appropriate and existing diagnostic and evaluative, social, followup, and other therapeutic services of the Department of Children and Family Services so that the effect of the total rehabilitation process is maximized.

(d)  It is the intent of the Legislature that, as educational programs for students in residential care facilities are implemented by the district school board, educational personnel in the Department of Children and Family Services residential care facilities who meet the qualifications for employees of the district school board be employed by the district school board.

(2)  District school boards shall establish educational programs for all students ages 5 through 18 under the residential care of the Department of Children and Family Services and may provide for students below age 3 as provided for in s. 232.01(1)(e). Funding of such programs shall be pursuant to s. 236.081.

(3)  Notwithstanding any provisions of chapters 39, 393, 394, and 397 to the contrary, the services of the Department of Children and Family Services and those of the Department of Education and district school boards shall be mutually supportive and complementary of each other. The education programs provided by the district school board shall meet the standards prescribed by the State Board of Education and the district school board. Decisions regarding the design and delivery of Department of Children and Family Services treatment or habilitative services shall be made by interdisciplinary teams of professional and paraprofessional staff of which appropriate district school system administrative and instructional personnel shall be invited to be participating members. The requirements for maintenance of confidentiality as prescribed in chapters 39, 393, 394, and 397 shall be applied to information used by such interdisciplinary teams, and such information shall be exempt from the provisions of ss. 119.07(1) and 286.011.

(4)  Students age 18 and under who are under the residential care of the Department of Children and Family Services and who receive an education program shall be calculated as full-time equivalent student membership in the appropriate cost factor as provided for in s. 236.081(1)(c). Residential care facilities of the Department of Children and Family Services shall include, but not be limited to, developmental services institutions and state mental health facilities. All students shall receive their education program from the district school system, and funding shall be allocated through the Florida Education Finance Program for the district school system.

(5)  Instructional and special educational services which are provided to mental health and retardation clients in the Department of Children and Family Services residential care facilities by local school districts shall not be less than 180 days or 900 hours; however, the 900 hours may be distributed over a 12-month period, unless otherwise stated in rules developed by the State Board of Education with the concurrence of the Department of Children and Family Services promulgated pursuant to subsection (6).

(6)  The State Board of Education and the Department of Children and Family Services shall have the authority to promulgate rules which shall assist in the orderly transfer of the instruction of students from Department of Children and Family Services residential care facilities to the district school system or to the public education agency and which shall assist in implementing the specific intent as stated in this act.

(7)  Notwithstanding the provisions of s. 230.23(4)(n), the educational program at the Marianna Sunland Center in Jackson County shall be operated by the Department of Education, either directly or through grants or contractual agreements with other public educational agencies. The annual state allocation to any such agency shall be computed pursuant to s. 236.081(1), (2), and (5) and allocated in the amount that would have been provided the local school district in which the residential facility is located.

History.--ss. 1, 2, ch. 71-350; s. 4, ch. 79-184; s. 1, ch. 80-143; s. 4, ch. 80-240; ss. 1, 2, ch. 81-272; s. 2, ch. 82-153; s. 57, ch. 83-218; s. 16, ch. 85-109; s. 24, ch. 89-308; s. 1, ch. 90-7; ss. 7, 9, ch. 90-208; s. 26, ch. 93-39; s. 78, ch. 95-143; s. 238, ch. 96-406; s. 66, ch. 97-190; s. 5, ch. 98-186.

402.24  Recovery of third-party payments for medical services.--

(1)  As used in this section, "medical services" means medical or medically related institutional or noninstitutional services which are provided or paid for by the Department of Health, except for services provided or paid for pursuant to chapter 394 or chapter 397.

(2)(a)  Third-party coverage for medical services shall be primary coverage.

(b)  An applicant for or the recipient of medical services shall inform the department of any rights which the applicant or recipient has to third-party payments for medical services. The department shall automatically be subrogated to any rights the recipient has to third-party payments for medical services. The department shall recover for medical services directly from:

1.  Any third party who is liable to make a medical benefit payment to the provider of the recipient's medical services or to the recipient under the terms of any contract, settlement, or award;

2.  The recipient, if he or she has received third-party payment for medical services provided to him or her; or

3.  The provider of the recipient's medical services if third-party payment for medical services has been recovered by the provider.

(c)  An applicant for or the recipient of medical services who receives medical services shall be deemed to have made an assignment to the department of any right such person has to any payments for such medical services from a third party.

(d)  An applicant for or the recipient of medical services who receives medical services shall be deemed to have provided the department the authority to release medical information with respect to such medical services for the sole purpose of obtaining reimbursement.

(e)  The department may, in order to enforce its subrogation rights under this section, institute, intervene in, or join any legal proceeding against any third party against whom recovery rights arise. No action taken by the department shall operate to deny the recipient's recovery for that portion of his or her damages not subrogated to the department, and no action of the recipient shall prejudice the subrogation rights of the department.

(f)  When the department provides, pays for, or becomes liable for medical services, it shall have a lien for the amount of medical services upon any and all causes of action which accrue to the person to whom care was furnished, or which accrue to his or her legal representatives, as a result of sickness, injury, disease, disability, or death due to the liability of a third party which necessitated the medical services. The department shall have 1 year from the date when the last item of medical services relative to a specific accident or spell of illness was paid in which to file its verified lien statement. The statement shall be filed with the clerk of the circuit court in the recipient's county of residence. The verified lien statement shall contain the name and address of the person to whom medical services were furnished; the date of injury; the name and address of the vendor or vendors furnishing medical services; the dates of the service; the amount claimed to be due for the care; and, to the best knowledge of the department, the names and addresses of all persons, firms, or corporations claimed to be liable for damages arising from the injuries. The department's failure to file a lien shall not affect its subrogation rights provided in paragraph (b).

(g)  In recovering any payments in accordance with this subsection, the department is authorized to make appropriate settlements.

(h)  The department shall promulgate rules to implement the provisions of this section.

History.--s. 68, ch. 86-220; s. 27, ch. 93-39; s. 810, ch. 95-148; s. 142, ch. 99-8.

¹402.25  Infants and toddlers in state-funded education and care programs; brain development activities.--Each state-funded education and care program for children from birth to 5 years of age must provide activities to foster brain development in infants and toddlers. A program must provide an environment rich in language and music and filled with objects of various colors, shapes, textures, and sizes to stimulate visual, tactile, auditory, and linguistic senses in the children and must include classical music and at least 30 minutes of reading to the children each day. A program may be offered through an existing early childhood program such as Healthy Start, the Title I program, contracted or directly operated subsidized child care, the prekindergarten early intervention program, Florida First Start, the Head Start program, or a private child care program. A program must provide training for the infants' and toddlers' parents including direct dialogue and interaction between teachers and parents demonstrating the urgency of brain development in the first year of a child's life. Family day care centers are encouraged, but not required, to comply with this section.

History.--s. 1, ch. 98-70.

¹Note.--Section 2, ch. 98-70, provides that "[t]he Executive Office of the Governor shall contract for an evaluation of programs to stimulate brain development in infants and toddlers and shall report the results of the evaluation to the President of the Senate and the Speaker of the House of Representatives by January 1, 2000."

402.26  Child care; legislative intent.--

(1)  The Legislature recognizes the critical importance to the citizens of the state of both safety and quality in child care. Child care in Florida is in the midst of continuing change and development, driven by extraordinary changes in demographics. Many parents with children under age 6 are employed outside the home. For the majority of Florida's children, child care will be a common experience. For many families, child care is an indispensable part of the effort to meet basic economic obligations or to make economic gains. State policy continues to recognize the changing composition of the labor force and the need to respond to the concerns of Florida's citizens as they enter the child care market. In particular, the Legislature recognizes the need to have more working parents employed in family-friendly workplaces. In addition, the Legislature recognizes the abilities of public and private employers to assist the family's efforts to balance family care needs with employment opportunities.

(2)  The Legislature also recognizes the effects of both safety and quality in child care in reducing the need for special education, public assistance, and dependency programs and in reducing the incidence of delinquency and educational failure. In a budgetary context that spends billions of dollars to address the aftermath of bad outcomes, safe, quality child care is one area in which the often maligned concept of cost-effective social intervention can be applied. It is the intent of the Legislature, therefore, that state policy should be firmly embedded in the recognition that child care is a voluntary choice of the child's parents. For parents who choose child care, it is the intent of the Legislature to protect the health and welfare of children in care.

(3)  To protect the health and welfare of children, it is the intent of the Legislature to develop a regulatory framework that promotes the growth and stability of the child care industry and facilitates the safe physical, intellectual, motor, and social development of the child.

(4)  It is also the intent of the Legislature to promote the development of child care options in the private sector and disseminate information that will assist the public in determining appropriate child care options.

(5)  It is the further intent of the Legislature to provide and make accessible child care opportunities for children at risk, economically disadvantaged children, and other children traditionally disenfranchised from society. In achieving this intent, the Legislature shall develop a subsidized child care system, a range of child care options, support services, and linkages with other programs to fully meet the child care needs of this population.

(6)  It is the intent of the Legislature that a child care facility licensed pursuant to s. 402.305 or a child care facility exempt from licensing pursuant to s. 402.316, that achieves Gold Seal Quality status pursuant to s. 402.281, be considered an educational institution for the purpose of qualifying for exemption from ad valorem tax pursuant to s. 196.198.

History.--s. 32, ch. 90-306; s. 70, ch. 96-175; s. 4, ch. 99-304.

402.27  Child care and early childhood resource and referral.--The Department of Children and Family Services shall establish a statewide child care resource and referral network. Preference shall be given to using the already established central agencies for subsidized child care as the child care resource and referral agency. If the agency cannot comply with the requirements to offer the resource information component or does not want to offer that service, the Department of Children and Family Services shall select the resource information agency based upon a request for proposal. At least one child care resource and referral agency must be established in each district of the department, but no more than one may be established in any county. Child care resource and referral agencies shall provide the following services:

(1)  Identification of existing public and private child care and early childhood education services, including child care services by public and private employers, and the development of a resource file of those services. These services may include family day care, public and private child care programs, head start, prekindergarten early intervention programs, special education programs for prekindergarten handicapped children, services for children with developmental disabilities, full-time and part-time programs, before-school and after-school programs, vacation care programs, parent education, the WAGES Program, and related family support services. The resource file shall include, but not be limited to:

(a)  Type of program.

(b)  Hours of service.

(c)  Ages of children served.

(d)  Number of children served.

(e)  Significant program information.

(f)  Fees and eligibility for services.

(g)  Availability of transportation.

(2)  The establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child care facilities. Referrals shall be made to an unlicensed child care facility or arrangement only if there is no requirement that the facility or arrangement be licensed.

(3)  Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral agencies:

(a)  Number of calls and contacts to the child care information and referral agency component by type of service requested.

(b)  Ages of children for whom service was requested.

(c)  Time category of child care requests for each child.

(d)  Special time category, such as nights, weekends, and swing shift.

(e)  Reason that the child care is needed.

(f)  Name of the employer and primary focus of the business.

(4)  Provision of technical assistance to existing and potential providers of child care services. This assistance may include:

(a)  Information on initiating new child care services, zoning, and program and budget development and assistance in finding such information from other sources.

(b)  Information and resources which help existing child care services providers to maximize their ability to serve children and parents in their community.

(c)  Information and incentives which could help existing or planned child care services offered by public or private employers seeking to maximize their ability to serve the children of their working parent employees in their community, through contractual or other funding arrangements with businesses.

(5)  Assistance to families and employers in applying for various sources of subsidy including, but not limited to, subsidized child care, head start, prekindergarten early intervention programs, Project Independence, private scholarships, and the federal dependent care tax credit.

(6)  Assistance to state agencies in determining the market rate for child care.

(7)  Assistance in negotiating discounts or other special arrangements with child care providers.

(8)  Information and assistance to local interagency councils coordinating services for prekindergarten handicapped children.

(9)  A child care facility licensed under s. 402.305 and licensed and registered family day care homes must provide the statewide child care and resource and referral agencies with the following information annually:

(a)  Type of program.

(b)  Hours of service.

(c)  Ages of children served.

(d)  Fees and eligibility for services.

History.--s. 5, ch. 89-379; s. 6, ch. 91-300; s. 71, ch. 96-175; s. 143, ch. 99-8.

402.28  Child Care Plus.--

(1)  For the purpose of this section, a child care facility or family day care home meeting the standards to provide quality child care to high-risk and handicapped preschool children, as defined in chapter 411, shall be referred to as "Child Care Plus."

(2)  In addition to the licensing requirements and standards in s. 402.305, a child care facility or family day care home shall meet additional requirements and standards and shall receive a separate and distinct license to operate as a Child Care Plus facility or home.

(3)  The child care quality standards for a Child Care Plus facility or home shall be developed by the Department of Children and Family Services, in consultation with the Department of Education, and shall address, but not be limited to, the following areas:

(a)  Child development, including language, cognitive, motor, social, and self-help skill development.

(b)  Child health.

(c)  Family counseling.

(d)  Parent training.

(e)  Child nutrition.

(f)  Staff credentials.

(4)(a)  A facility or home that has received a separate and distinct license indicating that it is a Child Care Plus facility or home may apply, either directly or, in the case of a family day care home, through an agency representing a network of family day care homes, to the department for a 1-year Child Care Plus grant. The grant shall be considered a supplement to the operational costs associated with compliance with Child Care Plus requirements.

(b)  Each child care facility, home, or agency representing a network of family day care homes wishing to apply for a Child Care Plus grant shall submit a grant proposal for funding the department no later than March 1, 1990. Thereafter, each such facility, home, or agency wishing to apply for continued funding through an annual Child Care Plus grant shall apply to the department no later than March 1 of each year.

(c)  A facility, home, or agency on behalf of a network of family day care homes that applies for a Child Care Plus grant shall be required to demonstrate the following in order to qualify for a grant:

1.  Linkages with local education agencies, social service agencies, and health care systems, as well as with state service systems, in order to provide the services needed for children in their care and the families of those children, and to provide the necessary linkages with various forms of case management, assessment, and family support systems.

2.  Linkages with or plans for linkages with the private sector, in order to enhance the efforts to better serve the children in their care and the families of those children.

3.  Ability to ensure for children in their care continuity of services and ease of transition between the facility and home or homes and between the facility, home or homes, and preschool and prekindergarten programs serving high-risk and handicapped children.

History.--s. 6, ch. 89-379; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 144, ch. 99-8.

402.281  Gold Seal Quality Care program.--

(1)  As part of the Gold Seal Quality Care program, the department shall develop a three-tiered quality rating system for subsidized child care providers, with the highest quality rating given to qualified child care providers who receive the Gold Seal Quality Care designation pursuant to this section.

(2)  Child care facilities, large family child care homes, or family day care homes that are accredited by a nationally recognized accrediting association whose standards substantially meet or exceed the National Association for the Education of Young Children (NAEYC), the National Association of Family Child Care, and the National Early Childhood Program Accreditation Commission shall receive a separate "Gold Seal Quality Care" designation to operate as a gold seal child care facility, large family child care home, or family day care home.

(3)  In developing the Gold Seal Quality Care program standards, the department shall consult with the Department of Education, the Florida Head Start Directors Association, the Florida Association of Child Care Management, the Florida Family Day Care Association, the Florida Children's Forum, the State Coordinating Council for Early Childhood Services, the Early Childhood Association of Florida, the National Association for Child Development Education, providers receiving exemptions under s. 402.316, and parents, for the purpose of approving the accrediting associations.

History.--s. 72, ch. 96-175; s. 5, ch. 99-304.

402.301  Child care facilities; legislative intent and declaration of purpose and policy.--It is the legislative intent to protect the health, safety, and well-being of the children of the state and to promote their emotional and intellectual development and care. Toward that end:

(1)  It is the purpose of ss. 402.301-402.319 to establish statewide minimum standards for the care and protection of children in child care facilities, to ensure maintenance of these standards, and to approve county administration and enforcement to regulate conditions in such facilities through a program of licensing.

(2)  It is the intent of the Legislature that all owners, operators, and child care personnel shall be of good moral character.

(3)  It shall be the policy of the state to ensure protection of children and to encourage child care providers and parents to share responsibility for and to assist in the improvement of child care programs.

(4)  It shall be the policy of the state to promote public and private employer initiatives to establish day care services for their employees.

(5)  It is the further legislative intent that the freedom of religion of all citizens shall be inviolate. Nothing in ss. 402.301-402.319 shall give any governmental agency jurisdiction or authority to regulate, supervise, or in any way be involved in any Sunday School, Sabbath School, or religious services or any nursery service or other program conducted during religious or church services primarily for the convenience of those attending such services.

(6)  It is further the intent that membership organizations affiliated with national organizations which do not provide child care, whose primary purpose is providing activities that contribute to the development of good character or good sportsmanship or to the education or cultural development of minors in this state, which charge only a nominal annual membership fee, which are not for profit, and which are certified by their national associations as being in compliance with the association's minimum standards and procedures shall not be considered child care facilities and therefore, their personnel shall not be required to be screened.

(7)  It shall be the policy of the state to encourage child care providers to serve children with disabilities. When requested, the department shall provide technical assistance to parents and child care providers in order to facilitate serving children with disabilities.

History.--s. 1, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 1, ch. 84-551; s. 21, ch. 87-238; s. 1, ch. 91-300; ss. 1, 2, ch. 93-115; s. 74, ch. 96-175.

402.3015  Subsidized child care program; purpose; fees; contracts.--

¹(1)  The purpose of the subsidized child care program is to provide quality child care to enhance the development, including language, cognitive, motor, social, and self-help skills of children who are at risk of abuse or neglect and children of low-income families, and to promote financial self-sufficiency and life skills for the families of these children, unless prohibited by federal law. Priority for participation in the subsidized child care program shall be accorded to children under 13 years of age who are:

(a)  Determined to be at risk of abuse, neglect, or exploitation and who are currently clients of the department's Children and Families Program Office;

(b)  Children at risk of welfare dependency, including children of participants in the WAGES Program, children of migrant farmworkers, children of teen parents, and children from other families at risk of welfare dependency due to a family income of less than 100 percent of the federal poverty level;

¹(c)  Children of working families whose family income is equal to or greater than 100 percent, but does not exceed 150 percent, of the federal poverty level; and

(d)  Children of working families enrolled in the Child Care Executive Partnership Program whose family income does not exceed 200 percent of the federal poverty level.

(2)  To the extent resources are available, each child in a family that is eligible may participate in the subsidized child care program.

(3)  Transitional child care shall be available for up to 2 years after eligibility for the WAGES Program ends, at which time child care may continue under paragraph (1)(b) or paragraph (1)(c), as applicable.

(4)  A child who is eligible for child care under this section may continue to participate in the subsidized child care program, if the family's income does not exceed 185 percent of the federal poverty level.

(5)  The department shall establish a fee schedule for participants in the subsidized child care program. The fee schedule must be based on the total income of the family. Each participating family shall contribute to the cost of child care, unless prohibited by federal law.

(6)(a)  The department, within each district, shall contract for the provision of subsidized child care services. At least once every 3 years, each district shall select community child care coordinating agencies through a competitive bid.

(b)  Child care services, unless directly operated by a community child care coordinating agency, shall be provided under a service agreement or by voucher, which ensures, to the maximum extent possible, parental choice through flexibility in child care arrangements and payment arrangements. When used, a voucher must bear the name of the beneficiary and the child care provider and, when redeemed, must bear the signature of both the beneficiary and an authorized representative of the child care provider. If it is determined that a child care provider has provided any cash to the beneficiary in return for receiving the voucher, the license for each child care facility operated by the provider shall be immediately revoked and any facility operated by the provider is ineligible for relicensure for 3 years. Whether or not the provider is licensed, the department shall refer the matter to the Department of Law Enforcement for investigation.

(c)  The community child care coordinating agency shall monitor child care providers to ensure that appropriate services are provided.

(d)  Public funds may not be expended to a provider unless the provider agrees to allow the community child care coordinating agency access to fulfill its monitoring requirements.

(e)  A licensed child care facility that provides contracted services under the subsidized child care program must provide at least 10 hours of child care each day, 261 days per year, excluding approved holidays.

(f)  The Division of Risk Management of the Department of Insurance shall provide coverage through the department to the community child care coordinating agencies for the subsidized child care program. The coverage shall be provided from the general liability account of the Florida Casualty Insurance Risk Management Trust Fund, and the coverage shall be primary. The coverage is limited to general liability claims arising from the management of the subsidized child care program under a contract with the department and under guidelines established through policy, rule, or law. Coverage shall be limited as provided in ss. 284.38 and 284.385, and the exclusions set forth therein, together with other exclusions that are set forth in the certificate of coverage issued by the trust fund, shall apply. A community child care coordinating agency covered under the general liability account pursuant to this paragraph shall immediately notify the Division of Risk Management of the Department of Insurance of any potential or actual claim.

(7)  To the extent funds are available, the department shall contract for support services for children who are clients of the department's Children and Families Program Office and who participate in the subsidized child care program. Support services shall include, but need not be limited to, transportation, child development programs, child nutrition services, and parent training and family counseling activities.

(8)  The community child care coordinating agencies shall assist participants in the WAGES Program and former participants of the program who are eligible for subsidized child care in developing cooperative child care arrangements whereby participants support and assist one another in meeting child care needs at minimal cost to the individual participant.

(9)  The central agency for state subsidized child care or the local service district of the Department of Children and Family Services shall cooperate with the local interagency coordinating council as defined in s. 230.2305 in the development of written collaborative agreements with each local school district.

(a)  The central agency shall develop in consultation with the local interagency council a plan for implementing and conducting a child care program. Such plan shall include the tentative budget and measures for maximizing public resources.

(b)  The department shall monitor each subsidized child care provider at least annually to determine compliance with the collaborative agreement facilitated by the local interagency coordinating council. If a provider fails to bring its program into compliance with the agreement or the plan within 3 months after an evaluation citing deficiencies, the department must withhold such administrative funds as have been allocated to the program and which have not yet been released.

History.--s. 33, ch. 90-306; s. 63, ch. 95-228; s. 73, ch. 96-175; s. 11, ch. 96-420; s. 19, ch. 99-4; s. 145, ch. 99-8; ss. 9, 53, ch. 99-228; s. 6, ch. 99-304; s. 6, ch. 99-333.

¹Note.--

A.  Section 53, ch. 99-228, provides that "[i]f any other act passed during the 1999 Regular Session of the Legislature or any extension thereof contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act shall take precedence and shall continue to operate, notwithstanding the future repeal provided by this act."

B.  Section 9, ch. 99-228, added a new subparagraph (1)(c)2., the substance of which is the same as paragraph (d) added to s. 402.3015(1) by s. 6, ch. 99-304. The s. 9, ch. 99-228, version reads:

²2.  For the 1999-2000 fiscal year only, eligibility under this paragraph may be expanded to children of working families whose family income does not exceed 200 percent of the federal poverty level and who are enrolled in the Child Care Executive Partnership Program established in s. 409.178. This subparagraph expires July 1, 2000.

²Note.--Section 9, ch. 99-228, added subparagraph (1)(c)2. "[i]n order to implement Specific Appropriation 372 of the 1999-2000 General Appropriations Act."

402.3016  Early Head Start collaboration grants.--

(1)  Contingent upon specific appropriations, the Florida Partnership for School Readiness shall establish a program to award collaboration grants to assist local agencies in securing Early Head Start programs through Early Head Start program federal grants. The collaboration grants shall provide the required matching funds for public and private nonprofit agencies that have been approved for Early Head Start program federal grants.

(2)  Public and private nonprofit agencies providing Early Head Start programs applying for collaborative grants must:

(a)  Ensure quality performance by meeting the requirements in the Head Start program performance standards and other applicable rules and regulations;

(b)  Ensure collaboration with other service providers at the local level; and

(c)  Ensure that a comprehensive array of health, nutritional, and other services are provided to the program's pregnant women and very young children, and their families.

(3)  The partnership shall report to the Legislature on an annual basis the number of agencies receiving Early Head Start collaboration grants and the number of children served.

(4)  The partnership may adopt rules as necessary for the award of collaboration grants to competing agencies and the administration of the collaboration grants program under this section.

History.--s. 7, ch. 99-304.

402.3018  Consultation to child care centers and family day care homes regarding health, developmental, disability, and special needs issues.--

(1)  Contingent upon specific appropriations, the department is directed to contract with the statewide resource information and referral agency for a statewide toll-free Warm-Line for the purpose of providing assistance and consultation to child care centers and family day care homes regarding health, developmental, disability, and special needs issues of the children they are serving, particularly children with disabilities and other special needs.

(2)  The purpose of the Warm-Line is to provide advice to child care personnel concerning strategies, curriculum, and environmental adaptations that allow a child to derive maximum benefit from the child care experience.

(3)  The department shall inform child care centers and family day care homes of the availability of this service, on an annual basis.

(4)  Contingent upon specific appropriations, the department shall expand or contract for the expansion of the Warm-Line from one statewide site to one Warm-Line site in each child care resource and referral agency region.

(5)  Each regional Warm-Line shall provide assistance and consultation to child care centers and family day care homes regarding health, developmental, disability, and special needs issues of the children they are serving, particularly children with disabilities and other special needs. Regional Warm-Line staff shall provide onsite technical assistance, when requested, to assist child care centers and family day care homes with inquiries relative to the strategies, curriculum, and environmental adaptations the child care centers and family day care homes may need as they serve children with disabilities and other special needs.

History.--s. 13, ch. 99-304.

402.302  Definitions.--

(1)  "Child care" means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care.

(2)  "Child care facility" includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included:

(a)  Public schools and nonpublic schools and their integral programs, except as provided in s. 402.3025;

(b)  Summer camps having children in full-time residence;

(c)  Summer day camps;

(d)  Bible schools normally conducted during vacation periods; and

(e)  Operators of transient establishments, as defined in chapter 509, which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of chapter 435.

(3)  "Child care personnel" means all owners, operators, employees, and volunteers working in a child care facility. The term does not include persons who work in a child care facility after hours when children are not present or parents of children in Head Start. For purposes of screening, the term includes any member, over the age of 12 years, of a child care facility operator's family, or person, over the age of 12 years, residing with a child care facility operator if the child care facility is located in or adjacent to the home of the operator or if the family member of, or person residing with, the child care facility operator has any direct contact with the children in the facility during its hours of operation. Members of the operator's family or persons residing with the operator who are between the ages of 12 years and 18 years shall not be required to be fingerprinted but shall be screened for delinquency records. For purposes of screening, the term shall also include persons who work in child care programs which provide care for children 15 hours or more each week in public or nonpublic schools, summer day camps, family day care homes, or those programs otherwise exempted under s. 402.316. The term does not include public or nonpublic school personnel who are providing care during regular school hours, or after hours for activities related to a school's program for grades kindergarten through 12 as required under chapter 232. A volunteer who assists on an intermittent basis for less than 40 hours per month is not included in the term "personnel" for the purposes of screening and training, provided that the volunteer is under direct and constant supervision by persons who meet the personnel requirements of s. 402.305(2). Students who observe and participate in a child care facility as a part of their required coursework shall not be considered child care personnel, provided such observation and participation are on an intermittent basis and the students are under direct and constant supervision of child care personnel.

(4)  "Department" means the Department of Children and Family Services.

(5)  "Drop-in child care" means child care provided occasionally in a child care facility in a shopping mall or business establishment where a child is in care for no more than a 4-hour period and the parent remains on the premises of the shopping mall or business establishment at all times. Drop-in child care arrangements shall meet all requirements for a child care facility unless specifically exempted.

(6)  "Evening child care" means child care provided during the evening hours and may encompass the hours of 6:00 p.m. to 7:00 a.m. to accommodate parents who work evenings and late-night shifts.

(7)  "Family day care home" means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

(a)  A maximum of four children from birth to 12 months of age.

(b)  A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.

(c)  A maximum of six preschool children if all are older than 12 months of age.

(d)  A maximum of 10 children if no more than 5 are preschool age and, of those 5, no more than 2 are under 12 months of age.

(8)  "Large family child care home" means an occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. One of the two full-time child care personnel must be the owner or occupant of the residence. A large family child care home must first have operated as a licensed family day care home for 2 years, with an operator who has had a child development associate credential or its equivalent for 1 year, before seeking licensure as a large family child care home. A large family child care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 12 years of age who are related to the caregiver:

(a)  A maximum of 8 children from birth to 24 months of age.

(b)  A maximum of 12 children, with no more than 4 children under 24 months of age.

(9)  "Indoor recreational facility" means an indoor commercial facility which is established for the primary purpose of entertaining children in a planned fitness environment through equipment, games, and activities in conjunction with food service and which provides child care for a particular child no more than 4 hours on any one day. An indoor recreational facility must be licensed as a child care facility under s. 402.305, but is exempt from the minimum outdoor-square-footage-per-child requirement specified in that section, if the indoor recreational facility has, at a minimum, 3,000 square feet of usable indoor floor space.

(10)  "Local licensing agency" means any agency or individual designated by the county to license child care facilities.

(11)  "Operator" means any onsite person ultimately responsible for the overall operation of a child care facility, whether or not he or she is the owner or administrator of such facility.

(12)  "Owner" means the person who is licensed to operate the child care facility.

(13)  "Screening" means the act of assessing the background of child care personnel and includes, but is not limited to, employment history checks, local criminal records checks through local law enforcement agencies, fingerprinting for all purposes and checks in this subsection, statewide criminal records checks through the Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation; except that screening for volunteers included under the definition of personnel includes only local criminal records checks through local law enforcement agencies for current residence and residence immediately prior to employment as a volunteer, if different, and statewide criminal records correspondence checks through the Department of Law Enforcement.

(14)  "Secretary" means the Secretary of Children and Family Services.

(15)  "Substantial compliance" means that level of adherence which is sufficient to safeguard the health, safety, and well-being of all children under care. Substantial compliance is greater than minimal adherence but not to the level of absolute adherence. Where a violation or variation is identified as the type which impacts, or can be reasonably expected within 90 days to impact, the health, safety, or well-being of a child, there is no substantial compliance.

(16)  "Weekend child care" means child care provided between the hours of 6 p.m. on Friday and 6 a.m. on Monday.

History.--s. 2, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 2, ch. 84-551; s. 23, ch. 85-54; s. 22, ch. 87-238; s. 2, ch. 88-391; s. 1, ch. 90-35; s. 34, ch. 90-306; s. 7, ch. 91-300; ss. 1, 2, ch. 93-115; s. 1, ch. 94-257; s. 1059, ch. 95-148; s. 57, ch. 95-228; s. 75, ch. 96-175; s. 1, ch. 97-63; s. 1, ch. 98-165; s. 8, ch. 99-304.

402.3025  Public and nonpublic schools.--For the purposes of ss. 402.301-402.319, the following shall apply:

(1)  PUBLIC SCHOOLS.--

(a)  The following programs for children shall not be deemed to be child care and shall not be subject to the provisions of ss. 402.301-402.319:

1.  Programs for children in 5-year-old kindergarten and grades one or above.

2.  Programs for children who are at least 3 years of age, but who are under 5 years of age, provided the programs are operated and staffed directly by the schools and provided the programs meet age-appropriate standards as adopted by the State Board of Education.

3.  Programs for children under 3 years of age who are eligible for participation in the programs under the existing or successor provisions of Pub. L. No. 94-142 or Pub. L. No. 99-457, provided the programs are operated and staffed directly by the schools and provided the programs meet age-appropriate standards as adopted by the State Board of Education.

(b)  The following programs for children shall be deemed to be child care and shall be subject to the provisions of ss. 402.301-402.319:

1.  Programs for children who are under 5 years of age when the programs are not operated and staffed directly by the schools.

2.  Programs for children under 3 years of age who are not eligible for participation in the programs under existing or successor provisions of Pub. L. No. 94-142 or Pub. L. No. 99-457.

(c)  The State Board of Education shall adopt rules to implement this subsection, including standards for programs in subparagraphs (a)2. and 3., which recognize the vulnerability of children under 5 years of age and make special provisions to ensure their health and safety. Such rules shall include, but not be limited to, facilities, personnel staffing and qualifications, transportation, and health and safety practices. In preparing such rules, the Commissioner of Education shall review the standards already existing in the state and the recommendations of appropriate professional and accreditation agencies.

(d)  The monitoring and enforcement of compliance with age-appropriate standards established by rule of the State Board of Education shall be the responsibility of the Department of Education.

(2)  NONPUBLIC SCHOOLS.--

(a)  Programs for children under 3 years of age shall be deemed to be child care and subject to the provisions of ss. 402.301-402.319.

(b)  Programs for children in 5-year-old kindergarten and grades one or above shall not be deemed to be child care and shall not be subject to the provisions of ss. 402.301-402.319.

(c)  Programs for children who are at least 3 years of age, but under 5 years of age, shall not be deemed to be child care and shall not be subject to the provisions of ss. 402.301-402.319 relating to child care facilities, provided the programs in the schools are operated and staffed directly by the schools, provided a majority of the children enrolled in the schools are 5 years of age or older, and provided there is compliance with the screening requirements for personnel pursuant to s. 402.305 or s. 402.3057. A nonpublic school may designate certain programs as child care, in which case these programs shall be subject to the provisions of ss. 402.301-402.319.

(d)1.  Programs for children who are at least 3 years of age, but under 5 years of age, which are not licensed under ss. 402.301-402.319 shall substantially comply with the minimum child care standards promulgated pursuant to ss. 402.305-402.3057.

2.  The department or local licensing agency shall enforce compliance with such standards, where possible, to eliminate or minimize duplicative inspections or visits by staff enforcing the minimum child care standards and staff enforcing other standards under the jurisdiction of the department.

3.  The department or local licensing agency may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes:

a.  To protect the health, sanitation, safety, and well-being of all children under care.

b.  To enforce its rules and regulations.

c.  To use corrective action plans, whenever possible, to attain compliance prior to the use of more restrictive enforcement measures.

d.  To make application for injunction to the proper circuit court, and the judge of that court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of ss. 402.301-402.319. Any violation of this section or of the standards applied under ss. 402.305-402.3057 which threatens harm to any child in the school's programs for children who are at least 3 years of age, but are under 5 years of age, or repeated violations of this section or the standards under ss. 402.305-402.3057, shall be grounds to seek an injunction to close a program in a school.

e.  To impose an administrative fine, not to exceed $100, for each violation of the minimum child care standards promulgated pursuant to ss. 402.305-402.3057.

4.  It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:

a.  Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any required written documentation for exclusion from licensure pursuant to this section a material fact used in making a determination as to such exclusion; or

b.  Use information from the criminal records or central abuse registry obtained under s. 402.305 or s. 402.3055 for any purpose other than screening that person for employment as specified in those sections or release such information to any other person for any purpose other than screening for employment as specified in those sections.

5.  It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any person willfully, knowingly, or intentionally to use information from the juvenile records of any person obtained under s. 402.305 or s. 402.3055 for any purpose other than screening for employment as specified in those sections or to release information from such records to any other person for any purpose other than screening for employment as specified in those sections.

(e)  The department and the nonpublic school accrediting agencies are encouraged to develop agreements to facilitate the enforcement of the minimum child care standards as they relate to the schools which the agencies accredit.

(3)  INSPECTION FEE.--The department shall establish by rule a fee for inspection activities performed pursuant to this section, in an amount sufficient to cover costs. However, the amount of such fee for the inspection of a school shall not exceed the fee imposed for child care licensure pursuant to s. 402.315.

History.--s. 3, ch. 88-391; s. 1, ch. 89-296; s. 35, ch. 90-347; ss. 1, 2, ch. 93-115.

402.3026  Full-service schools.--

(1)  The State Board of Education and the Department of Health shall jointly establish full-service schools to serve students from schools that have a student population that has a high risk of needing medical and social services, based on the results of the demographic evaluations. The full-service schools must integrate the services of the Department of Health that are critical to the continuity-of-care process. The Department of Health shall provide services to these high-risk students through facilities established within the grounds of the school. The Department of Health professionals shall carry out their specialized services as an extension of the educational environment. Such services may include, without limitation, nutritional services, basic medical services, aid to dependent children, parenting skills, counseling for abused children, counseling for children at high risk for delinquent behavior and their parents, and adult education.

(2)  The Department of Health shall designate an executive staff director to coordinate the full-service schools program and to act as liaison with the Department of Education to coordinate the provision of health and rehabilitative services in educational facilities.

History.--s. 20, ch. 90-273; s. 122, ch. 94-209; s. 34, ch. 99-5; s. 146, ch. 99-8.

402.3027  Observation and assessment of young children in subsidized child care programs.--The Department of Children and Family Services is directed to establish a system for the behavioral observation and developmental assessment of young children in subsidized child care programs, to assist in determining appropriate developmental age level, the need for formal developmental assessment, or the need to make referrals for necessary early intervention programs and specialized services.

(1)  DEFINITIONS.--

(a)  "Developmental assessment test" means a standardized assessment test designed to identify normal child development or developmental delays.

(b)  "Developmental milestones" means behaviors that a child should be exhibiting by a certain age in the cognitive, physical/psychomotor, and social domains.

(c)  "Developmental observation checklist" means a behavioral observation instrument used to identify developmental milestones.

(d)  "Diagnostic assessments test" means a test designed to identify children with specific special needs, determine the nature of the problem, suggest the cause of the problem, and propose remediation strategies.

(e)  "School readiness tests" means tests designed to assess a child's level of preparedness for an academic program.

(2)  PRINCIPLES.--In the development of a system for the behavioral observation and developmental assessment of young children in subsidized child care, the department shall adhere to the following principles:

(a)  Informed consent of the child's parent shall be secured prior to all Level II and Level III assessments.

(b)  All standardized tests used in early childhood programs must be reliable and valid according to the technical standards of test development.

(c)  It is the responsibility of the program operator and child care staff to be knowledgeable regarding child development and the use of behavioral observation instruments.

(d)  Standardized assessment tests and diagnostic assessments tests shall only be administered by professional and trained staff.

(e)  Testing of young children must be conducted by individuals who are knowledgeable about and sensitive to the developmental needs of young children and are qualified to administer tests.

(f)  Parents shall be full partners in the assessment process and parent training shall be made available.

(3)  PROCEDURES.--The department shall implement the following assessment procedures for all children in a subsidized child care arrangement:

(a)  Level I assessment.--

1.  The purpose of Level I assessment is to identify and monitor normal development or possible developmental delay.

2.  All children in care who are between the ages of 1 year and 4 years, inclusive, shall be screened every 6 months using a department-approved developmental observation checklist.

3.  The results indicated by the checklist shall be reviewed by the facility's child development associate or by the community child care coordinating agency.

4.  The department shall establish procedures to provide feedback to parents regarding observed development and activities, including parent training, to enhance the child's cognitive, psychomotor, and social skills.

(b)  Level II assessment.--

1.  The purpose of Level II assessment is to determine whether a delay identified in a Level I assessment can be addressed by the child care facility or family day care home or whether a special service or further assessment is needed.

2.  Level II assessment shall be conducted by trained professional staff.

3.  The department shall establish procedures to:

a.  Develop individualized learning plans for implementation by the primary caregiver.

b.  Adopt and offer a program of intensive language or math activities provided by a visiting specialist.

c.  Adopt and offer a program of parent training and home visits.

(c)  Level III assessment.--When indicated by a Level II assessment, the department shall establish procedures to refer a child to Level III assessment providers such as Florida Diagnostic and Learning Resource Services; Medicaid/Early Periodic Screening, Diagnosis, and Testing (EPSDT); Children's Medical Services; and other health services, to determine eligibility for an early intervention program.

History.--s. 9, ch. 99-304.

402.305  Licensing standards; child care facilities.--

(1)  LICENSING STANDARDS.--The department shall establish licensing standards that each licensed child care facility must meet regardless of the origin or source of the fees used to operate the facility or the type of children served by the facility.

(a)  The standards shall be designed to address the following areas:

1.  The health, sanitation, safety, and adequate physical surroundings for all children in child care.

2.  The health and nutrition of all children in child care.

3.  The child development needs of all children in child care.

(b)  All standards established under ss. 402.301-402.319 must be consistent with the rules adopted by the State Fire Marshal for child care facilities. However, if the facility is operated in a public school, the department shall use the public school fire code, as provided in the rules of the Department of Education, as the minimum standard for firesafety.

(c)  The minimum standards for child care facilities shall be adopted in the rules of the department and shall address the areas delineated in this section. The department, in adopting rules to establish minimum standards for child care facilities, shall recognize that different age groups of children may require different standards. The department may adopt different minimum standards for facilities that serve children in different age groups, including school-age children.

(2)  PERSONNEL.--Minimum standards for child care personnel shall include minimum requirements as to:

(a)  Good moral character based upon screening. This screening shall be conducted as provided in chapter 435, using the level 2 standards for screening set forth in that chapter.

(b)  The department may grant exemptions from disqualification from working with children or the developmentally disabled as provided in s. 435.07.

(c)  Minimum age requirements. Such minimum standards shall prohibit a person under the age of 21 from being the operator of a child care facility and a person under the age of 16 from being employed at such facility unless such person is under direct supervision and is not counted for the purposes of computing the personnel-to-child ratio.

(d)  Minimum training requirements for child care personnel.

1.  Such minimum standards for training shall ensure that all child care personnel and operators of family day care homes serving at-risk children in a subsidized child care program pursuant to s. 402.3015 take an approved 40-clock-hour introductory course in child care, which course covers at least the following topic areas:

a.  State and local rules and regulations which govern child care.

b.  Health, safety, and nutrition.

c.  Identifying and reporting child abuse and neglect.

d.  Child development, including typical and atypical language, cognitive, motor, social, and self-help skills development.

e.  Observation of developmental behaviors, including using a checklist or other similar observation tools and techniques to determine the child's developmental age level.

f.  Specialized areas, as determined by the department, for owner-operators and child care personnel of a child care facility.

Within 90 days of employment, child care personnel shall begin training to meet the training requirements and shall complete such training within 1 year of the date on which the training began. Exemption from all or a portion of the required training shall be granted to child care personnel based upon educational credentials or passage of competency examinations.

2.  The introductory course in child care shall stress, to the extent possible, an interdisciplinary approach to the study of children.

3.  On an annual basis in order to further their child care skills and, if appropriate, administrative skills, child care personnel who have fulfilled the requirements for the child care training shall be required to take an additional approved 8 clock hours of inservice training or an equivalent as determined by the department.

4.  Procedures for ensuring the training of qualified child care professionals to provide training of child care personnel, including onsite training, shall be included in the minimum standards. It is recommended that the state community child care coordination agencies (central agencies) be contracted by the department to coordinate such training when possible. Other district educational resources, such as community colleges and vocational-technical programs, can be designated in such areas where central agencies may not exist or are determined not to have the capability to meet the coordination requirements set forth by the department.

5.  Training requirements shall not apply to certain occasional or part-time support staff, including, but not limited to, swimming instructors, piano teachers, dance instructors, and gymnastics instructors.

6.  The State Coordinating Council for Early Childhood Services, in coordination with the department, shall evaluate or contract for an evaluation for the general purpose of determining the status of and means to improve staff training requirements and testing procedures. The evaluation shall be completed by October 1, 1992, and conducted every 2 years thereafter. The evaluation shall include, but not be limited to, determining the availability, quality, scope, and sources of current staff training; determining the need for specialty training; and determining ways to increase inservice training and ways to increase the accessibility, quality, and cost-effectiveness of current and proposed staff training. The evaluation methodology shall include a reliable and valid survey of child care personnel.

7.  The child care operator shall be required to take basic training in serving children with disabilities within 5 years after employment, either as a part of the introductory training or the annual 8 hours of inservice training.

(e)  Periodic health examinations.

(f)  By January 1, 2000, a credential for child care facility directors. By January 1, 2003, the credential shall be a required minimum standard for licensing.

(3)  MINIMUM STAFF CREDENTIALS.--By July 1, 1996, for every 20 children in a licensed child care facility, if the facility operates 8 hours or more per week, one of the child care personnel in the facility must have:

(a)  A child development associate credential;

(b)  A child care professional credential, unless the department determines that such child care professional credential is not equivalent to or greater than a child development associate credential; or

(c)  A credential that is equivalent to or greater than the credential required in paragraph (a) or paragraph (b).

The department shall establish by rule those hours of operation, such as during rest periods and transitional periods, when this subsection does not apply.

(4)  STAFF-TO-CHILDREN RATIO.--

(a)  Minimum standards for the care of children in a licensed child care facility as established by rule of the department must include:

1.  For children from birth through 1 year of age, there must be one child care personnel for every four children.

2.  For children 1 year of age or older, but under 2 years of age, there must be one child care personnel for every six children.

3.  For children 2 years of age or older, but under 3 years of age, there must be one child care personnel for every 11 children.

4.  For children 3 years of age or older, but under 4 years of age, there must be one child care personnel for every 15 children.

5.  For children 4 years of age or older, but under 5 years of age, there must be one child care personnel for every 20 children.

6.  For children 5 years of age or older, there must be one child care personnel for every 25 children.

7.  When children 2 years of age and older are in care, the staff-to-children ratio shall be based on the age group with the largest number of children within the group.

(b)  This subsection does not apply to nonpublic schools and their integral programs as defined in s. 402.3025(2)(d)1. In addition, an individual participating in a community service work experience activity under s. 414.065(1)(d), or a work experience activity under s. 414.065(1)(e), at a child care facility may not be considered in calculating the staff-to-children ratio.

(5)  PHYSICAL FACILITIES.--Minimum standards shall include requirements for building conditions, indoor play space, outdoor play space, napping space, bathroom facilities, food preparation facilities, outdoor equipment, and indoor equipment. Because of the nature and duration of drop-in child care, outdoor play space and outdoor equipment shall not be required for licensure; however, if such play space and equipment are provided, then the minimum standards shall apply to drop-in child care. With respect to minimum standards for physical facilities of a child care program for school-age children which is operated in a public school facility, the department shall adopt the State Uniform Building Code for Public Educational Facilities Construction as the minimum standards, regardless of the operator of the program. The Legislature intends that if a child care program for school-age children is operated in a public school, the program need not conform to standards for physical facilities other than the standards adopted by the Commissioner of Education.

(6)  SQUARE FOOTAGE PER CHILD.--Minimum standards shall be established by the department by rule.

(a)  A child care facility that holds a valid license on October 1, 1992, must have a minimum of 20 square feet of usable indoor floor space for each child and a minimum of 45 square feet of usable outdoor play area for each child. Outdoor play area shall be calculated at the rate of 45 feet per child in any group using the play area at one time. A minimum play area shall be provided for one half of the licensed capacity. This standard applies as long as the child care facility remains licensed at the site occupied on October 1, 1992, and shall not be affected by any change in the ownership of the site.

(b)  A child care facility that does not hold a valid license on October 1, 1992, and seeks regulatory approval to operate as a child care facility must have a minimum of 35 square feet of usable floor space for each child and a minimum of 45 square feet of usable outdoor play area for each child.

The minimum standard for outdoor play area does not apply in calculating square footage for children under 1 year of age. However, appropriate outdoor infant equipment shall be substituted for outdoor play space. The centers shall provide facilities and equipment conducive to the physical activities appropriate for the age and physical development of the child.

(7)  SANITATION AND SAFETY.--

(a)  Minimum standards shall include requirements for sanitary and safety conditions, first aid treatment, emergency procedures, and pediatric cardiopulmonary resuscitation. The minimum standards shall require that at least one staff person trained in cardiopulmonary resuscitation, as evidenced by current documentation of course completion, must be present at all times that children are present.

(b)  In the case of a child care program for school-age children attending before and after school programs on the public school site, the department shall use the public school fire code, as promulgated in the rules of the Department of Education, as the minimum standard for firesafety. In the case of a child care program for school-age children attending before-school and after-school programs on a site operated by a municipality, the department shall adopt rules for such site and intended use.

(c)  Some type of communications system, such as a pocket pager or beeper, shall be provided to a parent whose child is in drop-in child care to ensure the immediate return of the parent to the child, if necessary.

(8)  NUTRITIONAL PRACTICES.--Minimum standards shall include requirements for the provision of meals or snacks of a quality and quantity to assure that the nutritional needs of the child are met.

(9)  ADMISSIONS AND RECORDKEEPING.--

(a)  Minimum standards shall include requirements for preadmission and periodic health examinations, requirements for immunizations, and requirements for maintaining emergency information and health records on all children.

(b)  Because of the nature and duration of drop-in child care, requirements for preadmission and periodic health examinations and requirements for medically signed records of immunization required for child care facilities shall not apply. A parent of a child in drop-in child care shall, however, be required to attest to the child's health condition and the type and current status of the child's immunizations.

(c)  Any child shall be exempt from medical or physical examination or medical or surgical treatment upon written request of the parent or guardian of such child who objects to the examination and treatment. However, the laws, rules, and regulations relating to contagious or communicable diseases and sanitary matters shall not be violated because of any exemption from or variation of the health and immunization minimum standards.

(10)  TRANSPORTATION SAFETY.--Minimum standards shall include requirements for child restraints or seat belts in vehicles used by child care facilities to transport children, requirements for annual inspections of the vehicles, and limitations on the number of children in the vehicles.

(11)  ACCESS.--Minimum standards shall provide for reasonable access to the child care facility by the custodial parent or guardian during the time the child is in care.

(12)  CHILD DISCIPLINE.--

(a)  Minimum standards for child discipline practices shall ensure that age-appropriate, constructive disciplinary practices are used for children in care. Such standards shall include at least the following requirements:

1.  Children shall not be subjected to discipline which is severe, humiliating, or frightening.

2.  Discipline shall not be associated with food, rest, or toileting.

3.  Spanking or any other form of physical punishment is prohibited.

(b)  Prior to admission of a child to a child care facility, the facility shall notify the parents in writing of the disciplinary practices used by the facility.

(13)  PLAN OF ACTIVITIES.--Minimum standards shall ensure that each child care facility has and implements a written plan for the daily provision of varied activities and active and quiet play opportunities appropriate to the age of the child. The written plan must include a program, to be implemented periodically for children of an appropriate age, which will assist the children in preventing and avoiding physical and mental abuse.

(14)  URBAN CHILD CARE FACILITIES.--Minimum standards shall include requirements for child care facilities located in urban areas. The standards must allow urban child care facilities to substitute indoor play space for outdoor play space, if outdoor play space is not available in the area, and must set forth additional requirements that apply to a facility which makes that substitution, including, but not limited to, additional square footage requirements for indoor space; air ventilation provisions; and a requirement to provide facilities and equipment conducive to physical activities appropriate for the age of the children.

(15)  TRANSITION PERIODS.--During the periods of time in which children are arriving and departing from the child care facility, notwithstanding local fire ordinances, the provisions of subsection (6) are suspended for a period of time not to exceed 30 minutes.

(16)  EVENING AND WEEKEND CHILD CARE.--Minimum standards shall be developed by the department to provide for reasonable, affordable, and safe evening and weekend child care. Each facility offering evening or weekend child care must meet these minimum standards, regardless of the origin or source of the fees used to operate the facility or the type of children served by the facility. The department may modify by rule the licensing standards contained in this section to accommodate evening child care.

(17)  SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF MILDLY ILL CHILDREN.--Minimum standards shall be developed by the department, in conjunction with the Department of Health, for specialized child care facilities for the care of mildly ill children. The minimum standards shall address the following areas: personnel requirements; staff-to-child ratios; staff training and credentials; health and safety; physical facility requirements, including square footage; client eligibility, including a definition of "mildly ill children"; sanitation and safety; admission and recordkeeping; dispensing of medication; and a schedule of activities.

(18)  CHILD CARE TECHNICAL REVIEW PANEL.--There is hereby created a child care technical review panel, appointed by the Chair of the State Coordinating Council for Early Childhood Services, established by s. 411.222, to develop recommendations for inclusion, unedited, in the State Coordinating Council for Early Childhood Services annual report as required by s. 411.222(4)(f), and provide technical assistance to the department for the adoption of rules for licensing child care facilities in accordance with the minimum standards established in this section. The review panel must consist of seven members, five of whom must be:

(a)  An owner or operator of a subsidized child care facility;

(b)  An owner or operator of a proprietary child care facility;

(c)  An owner or operator of a licensed church child care facility;

(d)  A child care provider that has attained a child development associate credential; and

(e)  A child care provider that has attained a child care professional credential.

The initial technical review panel members must be appointed by October 1, 1992, for a term of 3 years. No member shall serve more than two consecutive terms.

(19)  TRANSFER OF OWNERSHIP.--

(a)  One week prior to the transfer of ownership of a child care facility or family day care home, the transferor shall notify the parent or caretaker of each child of the impending transfer.

(b)  The department shall, by rule, establish methods by which notice will be achieved and minimum standards by which to implement this subsection.

History.--s. 5, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 1, 6, 7, ch. 83-248; s. 3, ch. 84-551; s. 24, ch. 85-54; s. 41, ch. 87-225; s. 23, ch. 87-238; s. 25, ch. 89-379; s. 2, ch. 90-35; s. 2, ch. 90-225; s. 35, ch. 90-306; s. 10, ch. 91-33; s. 28, ch. 91-57; s. 92, ch. 91-221; s. 2, ch. 91-300; s. 56, ch. 92-58; ss. 1, 2, ch. 93-115; s. 14, ch. 93-156; s. 22, ch. 94-134; s. 22, ch. 94-135; s. 1060, ch. 95-148; s. 18, ch. 95-152; s. 15, ch. 95-158; s. 22, ch. 95-195; s. 41, ch. 95-228; s. 131, ch. 95-418; ss. 76, 77, ch. 96-175; s. 12, ch. 96-268; s. 2, ch. 97-63; s. 2, ch. 98-165; s. 1, ch. 99-241; s. 10, ch. 99-304.

402.3051  Child care market rate reimbursement; child care grants.--

(1)  As used in this section, the term:

(a)  "Child care program assessment tool" means an assessment instrument designated or developed by the department to determine quality child care and other child development services to children under the provision of s. 402.3015, Title IV-A of the Social Security Act, and the Child Care and Development Block Grant Act of 1990.

(b)  "Market rate" means the price that a child care provider charges for daily, weekly, or monthly child care services. Market rate shall:

1.  Be established for licensed child care facilities or facilities that are not subject to s. 402.305, licensed or registered family day care homes, licensed before-school and after-school child care programs, and unregulated care provided by a relative or other caretaker.

2.  Differentiate among child care for children with special needs or risk categories, infants, toddlers, and preschool and school-age children.

3.  Differentiate between full-time and part-time care.

4.  Consider reductions in the cost of care for additional children in the same family.

(c)  "Prevailing market rate" means the annually determined 75th percentile of a reasonable frequency distribution of market rate in a predetermined geographic market at which licensed child care providers charge a person for child care services.

(2)  The department shall establish procedures to reimburse licensed, exempt, or registered child care providers who hold a Gold Seal Quality Care designation at the market rate for child care services for children who are eligible to receive subsidized child care; and licensed, exempt, or registered child care providers at the prevailing market rate for child care services for children who are eligible to receive subsidized child care, unless prohibited by federal law under s. 402.3015. The department shall establish procedures to reimburse providers of unregulated child care at not more than 50 percent of the market rate. The payment system may not interfere with the parents' decision as to the appropriate child care arrangement, regardless of the level of available funding for child care. The child care program assessment tool may not be used to determine reimbursement rates.

(3)  The department may provide child care grants to central agencies, community colleges, and vocational/technical programs for the purpose of providing support and technical assistance to licensed child care providers.

(4)  The department may use the state community child care coordination agencies (central agencies), community colleges, and vocational/technical programs to implement this section.

(5)  The department may adopt rules and other policy provisions necessary to implement this section.

(6)  This section shall be implemented only to the extent that funding is available.

History.--s. 4, ch. 91-300; s. 78, ch. 96-175; s. 11, ch. 99-304.

402.3052  Child development associate training grants program.--

(1)  There is hereby created the child development associate training grants program within the department.

(a)  The purpose of the child development associate training grants program is to provide child care personnel who work in a licensed child care facility or public and nonpublic preschool program for children 5 years of age or under an opportunity to receive a child development associate credential, or its equivalent, and to receive other training to enhance their skills.

(b)  The State Coordinating Council for Early Childhood Services shall serve in an advisory capacity to the department in the implementation of the training program.

(2)  The department shall establish eligibility criteria for the training program for child care personnel under this section.

(3)  The department through contract may provide a training grant to a community college, vocational/technical program, central agency, or other entity to provide the training for a child development associate credential or its equivalent.

(4)  The department shall require a community college, vocational/technical program, central agency, or other entity under contract to comply with the following requirements:

(a)  Identification of the training needs of the area served by the community college, vocational/technical program, central agency, or other entity participating in the training grant, including an assessment of area resources available for training child care, home visits, and other family support personnel to work with children with special needs.

(b)  Development of procedures to accommodate and facilitate the attendance of child care personnel who are interested in the training at the training site and location.

(c)  Development of a plan to provide training and technical assistance, as needed, to child care personnel after the attainment of the child development associate credential or its equivalent.

(d)  Development of lending resources and other library material addressing child development, for the use of child care personnel in a licensed child care facility.

(e)  Submission of an annual training report that provides information required by the department, including, but not limited to, the following:

1.  The number of child care personnel trained.

2.  The number of child care personnel attaining the child development associate credential or its equivalent.

(f)  The development of training strategies to train child care personnel beyond the child development associate credential.

(g)  Other requirements as determined by the department.

(5)  The department shall provide child care incentive grants for innovative child care private-public partnerships that promote the development of child care facilities or family day care homes.

(a)  The purpose of the child care incentive grants is to encourage private-public partnership efforts to train and assist public assistance recipients to gain employment in child care facilities or operate child care facilities or family day care homes.

(b)  Child care incentive grants shall assist public assistance recipients, whenever possible, in acquiring the child development associate credential or its equivalent.

(c)  The department shall develop and implement a plan, in cooperation with other state agencies, to maximize existing federal and state funding sources to achieve the purpose of this incentive grant.

(6)  The department may contract with the Department of Education to implement any of the provisions of the section.

(7)  The department may adopt rules and other policy provisions necessary to implement this section.

(8)  This section shall be implemented only to the extent that funding is available.

History.--s. 5, ch. 91-300.

402.3055  Child care personnel requirements.--

(1)  REQUIREMENTS FOR CHILD CARE PERSONNEL.--

(a)  The department or local licensing agency shall require that the application for a child care license contain a question that specifically asks the applicant, owner, or operator if he or she has ever had a license denied, revoked, or suspended in any state or jurisdiction or has been the subject of a disciplinary action or been fined while employed in a child care facility. The applicant, owner, or operator shall attest to the accuracy of the information requested under penalty of perjury. If the applicant, owner, or operator admits that he or she has been a party in such action, the department or local licensing agency shall review the nature of the suspension, revocation, disciplinary action, or fine before granting the applicant a license to operate a child care facility. If the department or local licensing agency determines as the result of such review that it is not in the best interest of the state or local jurisdiction for the applicant to be licensed, a license shall not be granted.

(b)  The child care facility employer shall require that the application for a child care personnel position contain a question that specifically asks the applicant if he or she has ever worked in a facility that has had a license denied, revoked, or suspended in any state or jurisdiction or has been the subject of a disciplinary action or been fined while employed in a child care facility. The applicant shall attest to the accuracy of the information requested under penalty of perjury. If the applicant admits that he or she has been a party in such action, the employer shall review the nature of the denial, suspension, revocation, disciplinary action, or fine before the applicant is hired.

(2)  EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM; HEARINGS PROVIDED.--

(a)  The department or local licensing agency shall deny, suspend, or revoke a license or pursue other remedies provided in s. 402.310, s. 402.312, or s. 402.319 in addition to or in lieu of denial, suspension, or revocation for failure to comply with this section. The disciplinary actions determination to be made by the department or the local licensing agency and the procedure for hearing for applicants and licensees shall be in accordance with s. 402.310.

(b)  When the department or the local licensing agency has reasonable cause to believe that grounds for denial or termination of employment exist, it shall notify, in writing, the applicant, licensee, or other child care program and the child care personnel affected, stating the specific record which indicates noncompliance with the standards in s. 402.305(2).

(c)  When the department is the agency initiating the statement regarding noncompliance, the procedures established for hearing under chapter 120 shall be available to the applicant, licensee, or other child care program and to the affected child care personnel, in order to present evidence relating either to the accuracy of the basis of exclusion or to the denial of an exemption from disqualification.

(d)  When a local licensing agency is the agency initiating the statement regarding noncompliance of an employee with the standards contained in s. 402.305(2), the employee, applicant, licensee, or other child care program has 15 days from the time of written notification of the agency's finding to make a written request for a hearing. If a request for a hearing is not received in that time, the permanent employee, applicant, licensee, or other child care program is presumed to accept the finding.

(e)  If a request for a hearing is made to the local licensing agency, a hearing shall be held within 30 days and shall be conducted by an individual designated by the county commission.

(f)  An employee, applicant, licensee, or other child care program shall have the right to appeal a finding of the local licensing agency to a representative of the department. Any required hearing shall be held in the county in which the permanent employee is employed. The hearing shall be conducted in accordance with the provisions of chapter 120.

(g)  Refusal on the part of an applicant or licensee to dismiss child care personnel who have been found to be in noncompliance with personnel standards of s. 402.305(2) shall result in automatic denial or revocation of the license in addition to any other remedies pursued by the department or local licensing agency.

History.--ss. 4, 19, ch. 84-551; s. 25, ch. 85-54; s. 24, ch. 87-238; ss. 36, 61, ch. 90-306; s. 36, ch. 90-347; ss. 1, 2, ch. 93-115; s. 811, ch. 95-148; s. 58, ch. 95-228; s. 7, ch. 95-407; s. 223, ch. 99-13; s. 12, ch. 99-304.

402.3057  Persons not required to be refingerprinted or rescreened.--Any provision of law to the contrary notwithstanding, human resource personnel who have been fingerprinted or screened pursuant to chapters 393, 394, 397, 402, and 409, and teachers and noninstructional personnel who have been fingerprinted pursuant to chapter 231, who have not been unemployed for more than 90 days thereafter, and who under the penalty of perjury attest to the completion of such fingerprinting or screening and to compliance with the provisions of this section and the standards for good moral character as contained in such provisions as ss. 110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(4), shall not be required to be refingerprinted or rescreened in order to comply with any caretaker screening or fingerprinting requirements.

History.--s. 1, ch. 87-128; s. 1, ch. 87-141; s. 67, ch. 91-105; s. 7, ch. 91-266; s. 28, ch. 93-39; s. 224, ch. 99-13.

¹402.3058  Summer camp personnel; fingerprints not required for screening purposes.--Any provision of law to the contrary notwithstanding, human resource personnel of summer recreation camps, summer day camps, or summer 24-hour camps, other than owners and operators, shall not be required to be fingerprinted for screening purposes under this chapter or chapter 409 but shall be required to comply with all other screening requirements.

History.--s. 2, ch. 87-141.

¹Note.--Also published at s. 409.1758.

402.306  Designation of licensing agency; dissemination by the department and local licensing agency of information on child care.--

(1)  Any county whose licensing standards meet or exceed state minimum standards may:

(a)  Designate a local licensing agency to license child care facilities in the county; or

(b)  Contract with the department to delegate the administration of state minimum standards in the county to the department.

(2)  Child care facilities in any county whose standards do not meet or exceed state minimum standards shall be subject to licensing by the department under state minimum standards.

(3)  The department and local licensing agencies, or the designees thereof, shall be responsible for coordination and dissemination of information on child care to the community and shall make available upon request all licensing standards and procedures, in addition to the names and addresses of licensed child care facilities and, where applicable pursuant to s. 402.313, licensed or registered family day care homes.

History.--s. 6, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 5, ch. 84-551; ss. 1, 2, ch. 93-115.

402.307  Approval of licensing agency.--

(1)  Within 30 days after the promulgation of state minimum standards, each county shall provide the department with a copy of its standards if they differ from the state minimum standards. At the same time, each county shall provide the department with the administrative procedures it intends to use for the licensing of child care facilities.

(2)  The department shall have the authority to determine if local standards meet or exceed state minimum standards. Within 60 days after the county has submitted its standards and procedures, the department, upon being satisfied that such standards meet or exceed state minimum standards and that there is compliance with all provisions of ss. 402.301-402.319, shall approve the local licensing agency.

(3)  Approval to issue licenses for the department shall be renewed annually. For renewal, the local licensing agency shall submit to the department a copy of the licensing standards and procedures applied. An onsite review may be made if deemed necessary by the department.

(4)  If, following an onsite review, the department finds the local licensing agency is not applying the approved standards, the department shall report the specific violations to the county commission of the involved county which shall investigate the violations and take whatever action necessary to correct them.

(5)  To ensure that accurate statistical data are available, each local licensing agency shall report annually to the department the number of child care facilities under its jurisdiction, the number of children served, the ages of children served, and the number of revocations or denials of licenses.

History.--s. 7, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 6, ch. 84-551; ss. 1, 2, ch. 93-115.

402.308  Issuance of license.--

(1)  ANNUAL LICENSING.--Every child care facility in the state shall have a license which shall be renewed annually.

(2)  CHANGE OF OWNERSHIP.--Every child care facility shall reapply for and receive a license prior to the time a new owner assumes responsibility for the facility. The department shall grant or deny the reapplication for license within 45 days from the date upon which the child care facility reapplies.

(3)  STATE ADMINISTRATION OF LICENSING.--In any county in which the department has the authority to issue licenses, the following procedures shall be applied:

(a)  Application for a license or for a renewal of a license to operate a child care facility shall be made in the manner and on the forms prescribed by the department. The applicant's social security number shall be included on the form submitted to the department. Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each applicant is required to provide his or her social security number in accordance with this section. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

(b)  Prior to the renewal of a license, the department shall reexamine the child care facility, including in that process the examination of the premises and those records of the facility as required under s. 402.305, to determine that minimum standards for licensing continue to be met.

(c)  The department shall coordinate all inspections of child care facilities. A child care facility is not required to implement a recommendation of one agency that is in conflict with a recommendation of another agency if such conflict arises due to uncoordinated inspections. Any conflict in recommendations shall be resolved by the secretary of the department within 15 days after written notice that such conflict exists.

(d)  The department shall issue or renew a license upon receipt of the license fee and upon being satisfied that all standards required by ss. 402.301-402.319 have been met. A license may be issued if all the screening materials have been timely submitted; however, a license may not be issued or renewed if any of the child care personnel at the applicant facility have failed the screening required by ss. 402.305(2) and 402.3055.

(4)  LOCAL ADMINISTRATION OF LICENSING.--In any county in which there is a local licensing agency approved by the department, the following procedures shall apply:

(a)  Application for a license or for renewal of license to operate a child care facility shall be made in the manner and on the forms prescribed by the local licensing agency.

(b)  Prior to the renewal of a license, the agency shall reexamine the child care facility, including in that process the examination of the premises and records of the facility as required in s. 402.305 to determine that minimum standards for licensing continue to be met.

(c)  The local agency shall coordinate all inspections of child care facilities. A child care facility is not required to implement a recommendation of one agency that is in conflict with a recommendation of another agency if such conflict arises due to uncoordinated inspections. Any conflict in recommendations shall be resolved by the county commission or its representative within 15 days after written notice that such conflict exists.

(d)  The local licensing agency shall issue a license or renew a license upon being satisfied that all standards required by ss. 402.301-402.319 have been met. A license may be issued or renewed if all the screening materials have been timely submitted; however, the local licensing agency shall not issue or renew a license if any of the child care personnel at the applicant facility have failed the screening required by ss. 402.305(2) and 402.3055.

(5)  ISSUANCE OF LOCAL OCCUPATIONAL LICENSES.--No county or municipality shall issue an occupational license which is being obtained for the purpose of operating a child care facility regulated under this act without first ascertaining that the applicant has been licensed to operate such facility at the specified location or locations by the department or local licensing agency. The department or local licensing agency shall furnish to local agencies responsible for issuing occupational licenses sufficient instruction for making the above required determinations.

History.--s. 8, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 2, 6, 7, ch. 83-248; s. 7, ch. 84-551; s. 26, ch. 85-54; s. 25, ch. 87-238; ss. 1, 2, ch. 93-115; s. 44, ch. 97-170; s. 225, ch. 99-13.

402.309  Provisional license.--

(1)  The local licensing agency or the department, whichever is authorized to license child care facilities in a county, may issue a provisional license to applicants for a license or to licensees who are unable to conform to all the standards provided for in ss. 402.301-402.319.

(2)  No provisional license may be issued unless the operator or owner makes adequate provisions for the health and safety of the child. A provisional license may be issued if all of the screening materials have been timely submitted; however, a provisional license may not be issued unless the child care facility is in compliance with the requirements for screening of child care personnel in ss. 402.305 and 402.3055.

(3)  The provisional license shall in no event be issued for a period in excess of 6 months; however, it may be renewed one time for a period not in excess of 6 months under unusual circumstances beyond the control of the applicant.

(4)  The provisional license may be suspended if periodic inspection made by the local licensing agency or the department indicates that insufficient progress has been made toward compliance.

History.--s. 9, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 8, ch. 84-551; s. 27, ch. 85-54; s. 26, ch. 87-238; ss. 1, 2, ch. 93-115.

402.310  Disciplinary actions; hearings upon denial, suspension, or revocation of license; administrative fines.--

(1)(a)  The department or local licensing agency may deny, suspend, or revoke a license or impose an administrative fine not to exceed $100 per violation, per day, for the violation of any provision of ss. 402.301-402.319 or rules adopted thereunder. However, where the violation could or does cause death or serious harm, the department or local licensing agency may impose an administrative fine, not to exceed $500 per violation per day.

(b)  In determining the appropriate disciplinary action to be taken for a violation as provided in paragraph (a), the following factors shall be considered:

1.  The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of this ¹part have been violated.

2.  Actions taken by the licensee to correct the violation or to remedy complaints.

3.  Any previous violations of the licensee.

(2)  When the department has reasonable cause to believe that grounds for the denial, suspension, or revocation of a license or imposition of an administrative fine exist, it shall determine the matter in accordance with procedures prescribed in chapter 120. When the local licensing agency has reasonable cause to believe that grounds for the denial, suspension, or revocation of a license or imposition of an administrative fine exist, it shall notify the applicant or licensee in writing, stating the grounds upon which the license is being denied, suspended, or revoked or an administrative fine is being imposed. If the applicant or licensee makes no written request for a hearing to the local licensing agency within 15 days from receipt of such notice, the license shall be deemed denied, suspended, or revoked or an administrative fine shall be imposed.

(3)  If a request for a hearing is made to the local licensing agency, a hearing shall be held within 30 days and shall be conducted by an individual designated by the county commission.

(4)  An applicant or licensee shall have the right to appeal a decision of the local licensing agency to a representative of the department. Any required hearing shall be held in the county in which the child care facility is being operated or is to be established. The hearing shall be conducted in accordance with the provisions of chapter 120.

History.--s. 10, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-117; s. 1, ch. 77-457; s. 19, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 3, 6, 7, ch. 83-248; s. 9, ch. 84-551; s. 42, ch. 87-225; s. 37, ch. 90-306; ss. 1, 2, ch. 93-115.

¹Note.--Chapter 402 is not divided into parts.

402.311  Inspection.--A licensed child care facility shall accord to the department or the local licensing agency, whichever is applicable, the privilege of inspection, including access to facilities and personnel and to those records required in s. 402.305, at reasonable times during regular business hours, to ensure compliance with the provisions of ss. 402.301-402.319. The right of entry and inspection shall also extend to any premises which the department or local licensing agency has reason to believe are being operated or maintained as a child care facility without a license, but no such entry or inspection of any premises shall be made without the permission of the person in charge thereof unless a warrant is first obtained from the circuit court authorizing same. Any application for a license or renewal made pursuant to this act or the advertisement to the public for the provision of child care as defined in s. 402.302 shall constitute permission for any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information submitted on or in connection with the application. In the event a licensed facility refuses permission for entry or inspection to the department or local licensing agency, a warrant shall be obtained from the circuit court authorizing same prior to such entry or inspection. The department or local licensing agency may institute disciplinary proceedings pursuant to s. 402.310, for such refusal.

History.--s. 11, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 10, ch. 84-551; s. 61, ch. 90-306; ss. 1, 2, ch. 93-115.

402.3115  Elimination of duplicative and unnecessary inspections; abbreviated inspections.--The Department of Children and Family Services and local governmental agencies that license child care facilities shall develop and implement a plan to eliminate duplicative and unnecessary inspections of child care facilities. In addition, the department and the local governmental agencies shall develop and implement an abbreviated inspection plan for child care facilities that have had no Class 1 or Class 2 deficiencies, as defined by rule, for at least 2 consecutive years. The abbreviated inspection must include those elements identified by the department and the local governmental agencies as being key indicators of whether the child care facility continues to provide quality care and programming.

History.--s. 79, ch. 96-175; s. 147, ch. 99-8; s. 226, ch. 99-13.

402.312  License required; injunctive relief.--

(1)  The operation of a child care facility without a license is prohibited. If the department or the local licensing agency discovers that a child care facility is being operated without a license, the department or local licensing agency is authorized to seek an injunction in the circuit court where the facility is located to enjoin continued operation of such facility. When the court is closed for the transaction of judicial business, the department or local licensing agency is authorized to seek an emergency injunction to enjoin continued operation of such unlicensed facility, which injunction shall be continued, modified, or revoked on the next day of judicial business.

(2)  Other grounds for seeking an injunction to close a facility are that:

(a)  There is any violation of the standards applied under ss. 402.301-402.319 which threatens harm to any child in the child care facility.

(b)  A licensee has repeatedly violated the standards provided for under ss. 402.301-402.319.

(c)  A child care facility continues to have children in attendance after the closing date established by the department or the local licensing agency.

(3)  The department may impose an administrative fine on any child care facility operating without a license, consistent with the provisions of s. 402.310.

History.--s. 12, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 4, 6, 7, ch. 83-248; s. 11, ch. 84-551; s. 61, ch. 90-306; ss. 1, 2, ch. 93-115.

402.3125  Display and appearance of license; posting of violations; information to be provided to parents.--

(1)(a)  Upon receipt of a license issued under s. 402.308 or s. 402.309, the child care facility shall display such license in a conspicuous place within the facility.

(b)1.  In addition to posting the license as required under paragraph (a), the child care facility shall post with the license:

a.  Each citation for a violation of any standard or requirement of ss. 402.301-402.319 that has resulted in disciplinary action under s. 402.310 or s. 402.312.

b.  An explanation, written in simple language, of each citation.

c.  A description, written in simple language, of the corrective action, if any, taken by the facility for each citation. Included in the description shall be the dates on which the corrective action was taken.

2.  Each citation, explanation, and description of corrective action shall remain posted for 1 year after the citation's effective date.

(2)  The department shall ensure that every license it issues under s. 402.308 or s. 402.309 bears the distinctive seals of the State of Florida and of the department and is clearly recognizable by its size, color, seals, and contents to be a state license or provisional license for a child care facility.

(3)  Each local licensing agency shall ensure that every license it issues under s. 402.308 or s. 402.309 bears the distinctive seals of the issuing county and of the department and is clearly recognizable by its size, color, seals, and contents to be a county license or provisional license for a child care facility. Noncompliance by a local licensing agency shall be deemed by the department to be failure to meet minimum state standards and shall result in the department immediately assuming licensure authority in the county.

(4)  Any license issued pursuant to subsection (2) or subsection (3) shall include the name, address, and telephone number of the licensing agency.

(5)  The department shall develop a model brochure for distribution by the department and by local licensing agencies to every child care facility in the state. Pursuant thereto:

(a)  Upon receipt of such brochures, each child care facility shall provide a copy of same to every parent, guardian, or other person having entered a child in such facility. Thereafter, a copy of such brochure shall be provided to every parent, guardian, or other person entering a child in such facility upon entrance of the child or prior thereto.

(b)  Each child care facility shall certify to the department or local licensing agency, whichever is appropriate, that it has so provided and will continue to so provide such brochures, which certification shall operate as a condition upon issuance and renewal of licensure. Noncompliance by any child care facility shall be grounds for sanction as provided in ss. 402.310 and 402.312.

(c)  The brochure shall, at a minimum, contain the following information:

1.  A statement that the facility is licensed and has met state standards for licensure as established by s. 402.305 or that the facility is licensed by a local licensing agency and has met or exceeded the state standards, pursuant to ss. 402.306 and 402.307. Such statement shall include a listing of specific standards that licensed facilities must meet pursuant to s. 402.305.

2.  A statement indicating that information about the licensure status of the child care facility can be obtained by telephoning the department office or the office of the local licensing agency issuing the license at a telephone number or numbers which shall be printed upon or otherwise affixed to the brochure.

3.  The statewide toll-free telephone number of the Florida Abuse Registry, together with a notice that reports of suspected and actual cases of child physical abuse, sexual abuse, and neglect are received and referred for investigation by the registry.

4.  The date that the current license for the facility was issued and the date of its scheduled expiration if it is not renewed.

5.  Any other information relating to competent child care that the department deems would be helpful to parents and other caretakers in their selection of a child care facility.

(d)  The department shall prepare a brochure containing substantially the same information as specified in paragraph (c) and shall make such brochure available to all interested persons, including physicians and other health professionals; mental health professionals; school teachers or other school personnel; social workers or other professional child care, foster care, residential, or institutional workers; and law enforcement officers.

History.--ss. 12, 19, ch. 84-551; s. 43, ch. 87-225; s. 61, ch. 90-306; ss. 1, 2, ch. 93-115; s. 1, ch. 95-329.

402.313  Family day care homes.--

(1)  Family day care homes shall be licensed under this act if they are presently being licensed under an existing county licensing ordinance, if they are participating in the subsidized child care program, or if the board of county commissioners passes a resolution that family day care homes be licensed. If no county authority exists for the licensing of a family day care home, the department shall have the authority to license family day care homes under contract for the purchase-of-service system in the subsidized child care program.

(a)  If not subject to license, family day care homes shall register annually with the department, providing the following information:

1.  The name and address of the home.

2.  The name of the operator.

3.  The number of children served.

4.  Proof of a written plan to provide at least one other competent adult to be available to substitute for the operator in an emergency. This plan shall include the name, address, and telephone number of the designated substitute.

5.  Proof of screening and background checks.

6.  Proof of completion of the 30-hour training course, which shall include:

a.  State and local rules and regulations that govern child care.

b.  Health, safety, and nutrition.

c.  Identifying and reporting child abuse and neglect.

d.  Child development, including typical and atypical language development; and cognitive, motor, social, and self-help skills development.

e.  Observation of developmental behaviors, including using a checklist or other similar observation tools and techniques to determine a child's developmental level.

f.  Specialized areas, as determined by the department, for owner-operators of family day care homes.

7.  Proof that immunization records are kept current.

(b)  The department or local licensing agency may impose an administrative fine, not to exceed $100, for failure to comply with licensure or registration requirements.

(c)  A family day care home not participating in the subsidized child care program may volunteer to be licensed under the provisions of this act.

(d)  The department may provide technical assistance to counties and family day care home providers to enable counties and family day care providers to achieve compliance with family day care homes standards.

(2)  This information shall be included in a directory to be published annually by the department to inform the public of available child care facilities.

(3)  Child care personnel in family day care homes shall be subject to the applicable screening provisions contained in ss. 402.305(2) and 402.3055. For purposes of screening in family day care homes, the term includes any member over the age of 12 years of a family day care home operator's family, or persons over the age of 12 years residing with the operator in the family day care home. Members of the operator's family, or persons residing with the operator, who are between the ages of 12 years and 18 years shall not be required to be fingerprinted, but shall be screened for delinquency records.

(4)  Operators of family day care homes shall take an approved 30-clock-hour introductory course in child care. Family day care homes licensed or registered on June 30, 1999, shall have until June 30, 2001, to comply with this course requirement, except that the department shall exempt family day care homes in this category that can demonstrate that the operator has received at least 30 hours of training. Family day care homes initially licensed or registered on or after July 1, 1999, but before October 1, 1999, shall have until October 1, 1999, to comply with the 30-clock-hour course requirement. Family day care homes initially licensed or registered on or after October 1, 1999, must comply with the 30-clock-hour course requirement before caring for children.

(5)  Family day care home operators may avail themselves of supportive services offered by the department.

(6)  The department shall prepare a brochure on family day care for distribution by the department and by local licensing agencies, if appropriate, to family day care homes for distribution to parents utilizing such child care, and to all interested persons, including physicians and other health professionals; mental health professionals; school teachers or other school personnel; social workers or other professional child care, foster care, residential, or institutional workers; and law enforcement officers. The brochure shall, at a minimum, contain the following information:

(a)  A brief description of the requirements for family day care registration, training, and fingerprinting and screening.

(b)  A listing of those counties that require licensure of family day care homes. Such counties shall provide an addendum to the brochure that provides a brief description of the licensure requirements or may provide a brochure in lieu of the one described in this subsection, provided it contains all the required information on licensure and the required information in the subsequent paragraphs.

(c)  A statement indicating that information about the family day care home's compliance with applicable state or local requirements can be obtained by telephoning the department office or the office of the local licensing agency, if appropriate, at a telephone number or numbers which shall be affixed to the brochure.

(d)  The statewide toll-free telephone number of the Florida Abuse Registry, together with a notice that reports of suspected and actual child physical abuse, sexual abuse, and neglect are received and referred for investigation by the registry.

(e)  Any other information relating to competent child care that the department or local licensing agency, if preparing a separate brochure, deems would be helpful to parents and other caretakers in their selection of a family day care home.

(7)  On an annual basis, the department shall evaluate the registration and licensure system for family day care homes. Such evaluation shall, at a minimum, address the following:

(a)  The number of family day care homes registered and licensed and the dates of such registration and licensure.

(b)  The number of children being served in both registered and licensed family day care homes and any available slots in such homes.

(c)  The number of complaints received concerning family day care, the nature of the complaints, and the resolution of such complaints.

(d)  The training activities utilized by child care personnel in family day care homes for meeting the state or local training requirements.

The evaluation shall be utilized by the department in any administrative modifications or adjustments to be made in the registration of family day care homes or in any legislative requests for modifications to the system of registration or to other requirements for family day care homes.

(8)  In order to inform the public of the state requirement for registration of family day care homes as well as the other requirements for such homes to legally operate in the state, the department shall institute a media campaign to accomplish this end. Such a campaign shall include, at a minimum, flyers, newspaper advertisements, radio advertisements, and television advertisements.

(9)  Notwithstanding any other state or local law or ordinance, any family day care home licensed pursuant to this chapter or pursuant to a county ordinance shall be charged the utility rates accorded to a residential home. A licensed family day care home may not be charged commercial utility rates.

(10)  The department shall, by rule, establish minimum standards for family day care homes that are required to be licensed by county licensing ordinance or county licensing resolution or that voluntarily choose to be licensed. The standards should include requirements for staffing, maintenance of immunization records, mimimum health standards, reduced standards for the regulation of child care during evening hours by municipalities and counties, and enforcement of standards.

History.--s. 13, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 28, ch. 85-54; s. 44, ch. 87-225; s. 27, ch. 87-238; s. 38, ch. 90-306; s. 3, ch. 91-300; ss. 1, 2, ch. 93-115; s. 46, ch. 95-196; s. 59, ch. 95-228; s. 80, ch. 96-175; s. 3, ch. 97-63; s. 39, ch. 97-173; s. 14, ch. 99-304.

402.3131  Large family child care homes.--

(1)  Large family child care homes shall be licensed under this section.

(a)  The department or local licensing agency may impose an administrative fine, not to exceed $1,000, for failure to comply with licensure requirements.

(b)  A licensed family day care home must first have operated for a minimum of 2 consecutive years, with an operator who has had a child development associate credential or its equivalent for 1 year, before seeking licensure as a large family child care home.

(c)  The department may provide technical assistance to counties and family day care home providers to enable the counties and providers to achieve compliance with minimum standards for large family child care homes.

(2)  Child care personnel in large family child care homes shall be subject to the applicable screening provisions contained in ss. 402.305(2) and 402.3055. For purposes of screening child care personnel in large family child care homes, the term "child care personnel" includes any member of a large family child care home operator's family 12 years of age or older, or any person 12 years of age or older residing with the operator in the large family child care home. Members of the operator's family, or persons residing with the operator, who are between the ages of 12 years and 18 years, inclusive, shall not be required to be fingerprinted, but shall be screened for delinquency records.

(3)  Operators of large family child care homes shall take an approved 40-clock-hour introductory course in group child care.

(4)  The department shall prepare a brochure on large family child care homes for distribution to the general public.

(5)  The department shall, by rule, establish minimum standards for large family child care homes. The standards shall include, at a minimum, requirements for staffing, maintenance of immunization records, minimum health standards, minimum safety standards, minimum square footage, and enforcement of standards.

(6)  Prior to being licensed by the department, large family child care homes must be approved by the state or local fire marshal in accordance with standards established for child care facilities.

History.--s. 15, ch. 99-304.

402.3135  Subsidized child care case management program.--

(1)  The department shall establish or contract for a child care case management program for children at risk of abuse or neglect participating in the subsidized child care program and their families.

(2)  The case management program staff shall perform, but not be limited to, the following duties and responsibilities:

(a)  Participation in the case staffing meetings.

(b)  Provision of technical assistance to child care staff or parents on child development matters or other issues related to the child.

(c)  Provision of technical assistance to Child Care Plus facilities or homes pursuant to s. 402.28.

(d)  Supplementation of the training efforts of the department and other providers in the child care and child development area.

(3)  The department shall conduct or contract for an evaluation to determine the effectiveness of this program component and establish an allocation workload methodology for budget development.

History.--s. 39, ch. 90-306.

402.314  Supportive services.--The department shall provide consultation services, technical assistance, and inservice training, when requested and as available, to operators, licensees, registrants, and applicants to help improve programs, homes, and facilities for child care, and shall work cooperatively with other organizations and agencies concerned with child care.

History.--s. 13, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 29, ch. 85-54; ss. 1, 2, ch. 93-115.

402.3145  Subsidized child care transportation program.--

(1)  The department, pursuant to chapter 427, shall establish a subsidized child care transportation system for children at risk of abuse or neglect participating in the subsidized child care program. The state community child care coordination agencies shall contract for the provision of transportation services as required by this section.

(2)  The transportation system shall provide transportation to each child participating in subsidized child care when, and only when, transportation is necessary to provide child care opportunities which otherwise would not be available to a child whose home is more than a reasonable walking distance from the nearest child care facility or family day care home.

History.--s. 40, ch. 90-306.

402.315  Funding; license fees.--

(1)  If the county designates a local agency to be responsible for the licensing of child care facilities, the county shall bear at least 75 percent of the costs involved.

(2)  The department shall bear the costs of the licensing of child care facilities when contracted to do so by a county or when directly responsible for licensing in a county which fails to meet or exceed state minimum standards.

(3)  The department shall collect a fee for any license it issues for a child care facility pursuant to s. 402.308. Such fee shall be $1 per child, except that the minimum fee shall be $25 per center and the maximum fee shall be $100 per center.

(4)  Any county may collect a fee for any license it issues pursuant to s. 402.308.

(5)  All moneys collected by the department for child care licensing shall be held in a trust fund of the department to be reallocated to the department during the following fiscal year to fund child care licensing activities, including the Gold Seal Quality Care program created pursuant to s. 402.281.

History.--s. 15, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 5, 6, 7, ch. 83-248; s. 13, ch. 84-551; s. 30, ch. 85-54; ss. 1, 2, ch. 93-115; s. 81, ch. 96-175.

402.316  Exemptions.--

(1)  The provisions of ss. 402.301-402.319, except for the requirements regarding screening of child care personnel, shall not apply to a child care facility which is an integral part of church or parochial schools conducting regularly scheduled classes, courses of study, or educational programs accredited by, or by a member of, an organization which publishes and requires compliance with its standards for health, safety, and sanitation. However, such facilities shall meet minimum requirements of the applicable local governing body as to health, sanitation, and safety and shall meet the screening requirements pursuant to ss. 402.305 and 402.3055. Failure by a facility to comply with such screening requirements shall result in the loss of the facility's exemption from licensure.

(2)  Any county or city with state or local child care licensing programs in existence on July 1, 1974, will continue to license the child care facilities as covered by such programs, notwithstanding the provisions of subsection (1), until and unless the licensing agency makes a determination to exempt them.

(3)  Any child care facility covered by the exemption provisions of subsection (1), but desiring to be included in this act, is authorized to do so by submitting notification to the department. Once licensed, such facility cannot withdraw from the act and continue to operate.

History.--s. 16, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 14, ch. 84-551; s. 31, ch. 85-54; ss. 1, 2, ch. 93-115.

402.318  Advertisement.--No person shall advertise a child care facility without including within such advertisement the state or local agency license number of such facility. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 15, 19, ch. 84-551; s. 74, ch. 91-224; ss. 1, 2, ch. 93-115.

402.319  Penalties.--

(1)  It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person knowingly to:

(a)  Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment or licensure regulated under ss. 402.301-402.318 all information required under those sections or a material fact used in making a determination as to such person's qualifications to be child care personnel, as defined in s. 402.302, in a child care facility, family day care home, or other child care program.

(b)  Operate or attempt to operate a child care facility without having procured a license as required by this act.

(c)  Operate or attempt to operate a family day care home without a license or without registering with the department, whichever is applicable.

(d)  Operate or attempt to operate a child care facility or family day care home under a license that is suspended, revoked, or terminated.

(e)  Misrepresent, by act or omission, a child care facility or family day care home to be duly licensed pursuant to this act without being so licensed.

(f)  Make any other misrepresentation, by act or omission, regarding the licensure or operation of a child care facility or family day care home to a parent or guardian who has a child placed in the facility or is inquiring as to placing a child in the facility, or to a representative of the licensing authority, or to a representative of a law enforcement agency, including, but not limited to, any misrepresentation as to:

1.  The number of children at the child care facility or the family day care home;

2.  The part of the child care facility or family day care home designated for child care;

3.  The qualifications or credentials of child care personnel;

4.  Whether a family day care home or child care facility complies with the screening requirements of s. 402.305; or

5.  Whether child care personnel have the training as required by s. 402.305.

(2)  If any child care personnel makes any misrepresentation in violation of this section to a parent or guardian who has placed a child in the child care facility or family day care home, and the parent or guardian relied upon the misrepresentation, and the child suffers great bodily harm, permanent disfigurement, permanent disability, or death as a result of an intentional act or negligence by the child care personnel, then the child care personnel commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--ss. 16, 19, ch. 84-551; s. 32, ch. 85-54; s. 37, ch. 90-347; ss. 1, 2, ch. 93-115; s. 60, ch. 95-228; s. 2, ch. 99-207.

402.33  Department authority to charge fees for services provided.--

(1)  As used in this section, the term:

(a)  "Benefit payments" means cash payments from retirement, survivors, or disability insurance or from supplemental security income programs, and includes, but is not limited to, payments from social security, railroad retirement, and the United States Department of Veterans Affairs.

(b)  "Client" means any natural person receiving services provided by the department, including supervision, care, and maintenance, but not as a licensee subject to regulation by the department for purposes of licensure.

(c)  "Department" means the Department of Children and Family Services and the Department of Health.

(d)  "Fee collections" means all fees collected by the department for services provided to clients.

(e)  "Representative payee" means an individual or entity which acts on behalf of a client as the receiver of any or all benefits owing to the client.

(f)  "Responsible party" means any person legally responsible for the financial support of the client and may include a minor client's natural or adoptive parent, a client's spouse, and an estate or trust established for the financial support of a client, but not a payor of third-party benefits.

(g)  "State and federal aid" means cash assistance or cash equivalent benefits based on an individual's proof of financial need, including, but not limited to, temporary assistance under the WAGES Program and food stamps.

(h)  "Third-party benefits" means moneys received by or owing to a client or responsible party because of the client's need for or receipt of services such as those provided by the department. Such benefits include, but are not limited to, benefits from insurers, Medicare, and workers' compensation.

(2)  The department, in accordance with rules established by it, shall either charge, assess, or collect, or cause to be charged, assessed, or collected, fees for any service it provides to its clients either directly or through its agencies or contractors, except for:

(a)  Diagnosis and evaluation procedures necessary to determine the client's eligibility and need for services provided by the department;

(b)  Customary and routine information and referral services;

(c)  Educational services provided in lieu of public education;

(d)  Specific services exempted by law from fee assessment;

(e)  Emergency shelter or emergency detention care and custody prior to a detention hearing under chapter 39;

(f)  Specific classes or types of services provided in programs funded by grants, donations, or contracts that prohibit charging fees;

(g)  Developmental services provided under chapter 393 to any person who is determined to be eligible for such services by the department and whose earned income falls below the federal Health and Human Services Poverty Guidelines, unless such fees are collected from third-party benefits and benefit payments; or

(h)  Any type of service for which the department determines that the net estimated revenue from such fees after deducting any loss of funds from federal grants occasioned by such fees will be less than the estimated cost to charge and collect such fees.

Fees, other than third-party benefits and benefit payments, may not be charged for services provided to indigents whose only sources of income are from state and federal aid. In addition, fees may not be charged parents of a minor client for services requested by the minor without parental consent or for services provided a minor client who has been permanently committed to the care and custody of the department with parental rights permanently severed. However, lack of parental consent does not preclude the charging of fees established under chapter 39. The department may not require a client who is receiving wages which are below the minimum wage under the federal Fair Labor Standards Act to pay fees from such wages. Voluntary payments for services must be encouraged.

(3)  Fees not specifically set elsewhere by statute shall be reasonably related to the cost of providing the service but may not exceed the average cost of the service, and the client receiving or benefiting from the service or the client's responsible party shall be liable for any such fee assessed. The department may actively assist a client or his or her responsible party in obtaining any financial benefits he or she is entitled to by law, or as the beneficiary of a trust, annuity, retirement fund, or insurance contract. Designation of payee or assignment of benefits shall comply with rules adopted by the department. The department may serve as the representative payee in receiving such benefits for the client or responsible party and shall use such benefits received to reduce the client's or responsible party's liability for fees assessed. Before reducing such liability, the department shall provide for the client's incidental personal expenses allowed by departmental rule and shall bill any insurer or other payor of third-party benefits who may be obligated by contract or law to provide, or to participate in the cost of providing, the service or services to the client for which the fees have been assessed.

(4)  The department shall:

(a)  At least annually, determine or establish the cost of providing services for which charges will be made. A determination of this cost shall be made within 90 days of the effective date of this act.

(b)  Annually review uniform criteria for determining ability to pay, or to participate in, the cost of service.

(5)  The payment of charges shall not be a prerequisite to treatment or care.

(6)(a)  The department may not require a client or responsible party to pay fees it may assess that exceed the client's or responsible party's ability to pay. Such ability to pay shall be based upon the income of the client or responsible party, including any inheritance or bequests he or she may receive, and shall be determined according to uniform criteria and rules adopted by the department, unless the amount of the fee is specifically established by statute. The department shall assess the effects upon clients, responsible parties, services, and revenues of determining the ability to pay based upon:

1.  The client's or responsible party's gross income, the number of persons dependent on that income, and the number of such persons who are clients; and

2.  The client's or responsible party's income less fixed domestic expenses, including a maximum amount of expenses as set forth by the department for each category of domestic expense so that any expenditures by the client or responsible party which exceed the maximum allowed will not be deducted from gross income for the purpose of determining ability to pay.

(b)  The department is authorized to require financial information from a client or his or her responsible party, in order to determine the client's or responsible party's ability to pay, including the source of current or potential income or benefits that might be available to pay the cost of services provided or assets that may be available to assure payment of the fees. If the required information is not furnished within a time period established by departmental rule, the department may enter suit to enforce the requirement or may bill the client or responsible party for the full cost of services, less reimbursements from third-party payors for such services. The department shall verify such financial information in accordance with the most economical uniform procedures. If the cost of services, less recoveries from third-party payors, exceeds the client's or responsible party's ability to pay, the department shall reduce the client's or responsible party's liability for fees assessed to an amount not in excess of the amount which the client or responsible party has been determined to be able to pay.

(7)(a)  The department shall by rule establish procedures for clients or responsible parties to request a review of assessed fees. Further, the department shall advise such clients or responsible parties of the criteria which are used to make determinations on requests for reduction or waiver of fees.

(b)  If the department denies a request for a fee reduction or waiver, it shall inform the client or responsible party of his or her right to appeal the decision pursuant to the provisions of chapter 120.

(8)(a)  Unpaid fees for services provided by the department to a client constitute a lien on any property owned by the client or the client's responsible party which property is not exempt by s. 4, Art. X of the State Constitution. If fees are not paid within 6 months after they are billed, the department shall charge interest on the unpaid balance at a rate equal to the average rate of interest earned by the State Treasury on state funds deposited in commercial banks as reported by the Treasurer for the previous year. The department is authorized to negotiate and settle any delinquent account, and to charge off any delinquent account even though the claim of the department may be against the client, a responsible party, or a payor of third-party benefits, either directly for the department or as a fiduciary for the client or responsible party.

(b)  If negotiation and settlement cannot be effected within a time period established by its rules, and if charging off the account is not appropriate, the department shall, if it is cost-effective to do so, file the lien for the unpaid fees for recordation by the clerk of the circuit court in such county or counties which the department determines to be in the best interest of the state. Services for which fees were charged shall constitute a claim against the client, the client's responsible party, or any insurer obligated to pay for the services provided. Such liens and claims shall be enforced on behalf of the state by the department. Liens and claims upon recordation with the clerk of the circuit court shall be continuing obligations until 3 years after the demise of the client or the client's responsible party, unless satisfied earlier.

(c)  Upon the death of a person against whom the department has a claim, the department shall file such caveats as are in the best interest of the state. If the department effects recovery, the fund from which the filing fee for the caveat was paid shall be reimbursed.

(9)(a)  The department should exert every lawful and reasonable effort to collect all delinquent and unpaid fees for services and to maximize the recovery of fees.

(b)  In collecting delinquent or unpaid fees, the department may employ the services of a collection agency. The collection agency must be registered and in good standing under chapter 559. The department may pay a collection agency from any amount collected under the claim a fee that the department and the agency have agreed upon, or may authorize the agency to deduct the fee from the amount collected.

(10)(a)  Upon August 12, 1983, the department shall begin an orderly review of all services provided clients to assure that fees now assessed conform to the provisions of this section. Additional service fees, when and if required, shall be established according to a time schedule and financial plan.

(b)  Unless otherwise specified by the Legislature, fee collections, including third-party reimbursements, in excess of fee-supported appropriations may be used in conformance with the provisions of chapter 216 to fund nonrecurring expenditures for direct client services and to fund administrative costs of improving the fee collection program of the department. No more than one-sixth of the amount of collections in excess of the amount of appropriations may be used to fund such improvements to the program. Priority consideration for the expenditure of excess collections shall be given to those districts and programs most responsible for the excess. A plan for the use of excess collections not spent in the fiscal year in which collected shall be subject to approval by the Executive Office of the Governor within 90 days from the end of the state fiscal year in which the excess occurs.

History.--ss. 1, 2, 3, 4, 5, 6, ch. 75-190; s. 1, ch. 76-210; s. 1, ch. 77-174; s. 10, ch. 83-230; s. 51, ch. 85-81; s. 2, ch. 85-187; s. 84, ch. 86-220; s. 45, ch. 87-225; s. 1, ch. 87-377; s. 1, ch. 93-72; s. 20, ch. 93-268; s. 814, ch. 95-148; s. 42, ch. 95-418; s. 82, ch. 96-175; s. 2, ch. 96-235; s. 4, ch. 96-407; s. 67, ch. 97-100; s. 148, ch. 99-8.

402.34  Body corporate.--The department is a body corporate and shall adopt and have a corporate seal. It shall have the power to contract and be contracted with, to sue and be sued in actions in ex contractu but not in torts, and to have and to possess corporate powers for all purposes necessary to administer this chapter. The department shall have the power to accept payment for services rendered pursuant to rules and regulations of the department.

History.--s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 17, ch. 78-433.

Note.--Former s. 409.055.

402.35  Employees.--All personnel of the Department of Children and Family Services shall be governed by rules and regulations adopted and promulgated by the Department of Management Services relative thereto except the director and persons paid on a fee basis. The Department of Children and Family Services may participate with other state departments and agencies in a joint merit system. No federal, state, county, or municipal officer shall be eligible to serve as an employee of the Department of Children and Family Services.

History.--s. 1, ch. 69-268; ss. 19, 31, 35, ch. 69-106; s. 1, ch. 70-255; s. 17, ch. 78-433; s. 126, ch. 92-279; s. 55, ch. 92-326; s. 149, ch. 99-8.

Note.--Former s. 409.135.

402.40  Child welfare training academies established; Child Welfare Standards and Training Council created; responsibilities of council; Child Welfare Training Trust Fund created.--

(1)  LEGISLATIVE INTENT.--In order to enable the state to provide a systematic approach to staff development and training for dependency program staff that will meet the needs of such staff in their discharge of duties, it is the intent of the Legislature that the Department of Children and Family Services establish, maintain, and oversee the operation of child welfare training academies in the state. The Legislature further intends that the staff development and training programs that are established will aid in the reduction of poor staff morale and of staff turnover, will positively impact on the quality of decisions made regarding children and families who require assistance from dependency programs, and will afford better quality care of children who must be removed from their families.

(2)  DEFINITIONS.--As used in this section, the term:

(a)  "Dependency program" means any intake, preprotective services, protective services, foster care, shelter and group care, and adoption and related services program, whether operated by or contracted by the department, providing intake, counseling, supervision, or custody and care of children who are alleged to be or who have been found to be dependent pursuant to chapter 39 or who have been identified as being at risk of becoming dependent.

(b)  "Dependency program staff" means supervisory and direct care staff of a dependency program as well as support staff who have direct contact with children in a dependency program.

(3)  CHILD WELFARE STANDARDS AND TRAINING COUNCIL.--

(a)  There is created within the Department of Children and Family Services the Child Welfare Training Council, hereinafter referred to as the council. The 21-member council shall consist of the Commissioner of Education or his or her designee; a member of the judiciary who has experience in the area of dependency and has served at least 3 years in the Juvenile Division of the circuit court, to be appointed by the Chief Justice of the Supreme Court; and 19 members to be appointed by the Secretary of Children and Family Services as follows:

1.  Nine members shall be dependency program staff:

a.  An intake supervisor or counselor, a protective services supervisor or counselor, a foster care supervisor or counselor, and an adoption and related services supervisor or counselor. Each such member shall have at least 5 years' experience working with children and families, at least two members shall each have a master's degree in social work, and any member not having a master's degree in social work shall have at least a bachelor's degree in social work, child development, behavioral psychology, or any other discipline directly related to providing care or counseling for families.

b.  A representative from a licensed, residential child-caring agency contracted with by the state; a representative from a runaway shelter or similar program primarily serving adolescents, which shelter or program must be contracted with by the state; and a representative from a licensed child-placing agency contracted with by the state. At least two of these members shall each have a master's degree in social work, and any member not having a master's degree in social work shall have a degree as cited in sub-subparagraph a. All three members shall have at least 5 years' experience working with children and families.

c.  A family foster home parent and an emergency shelter home parent, both of whom shall have been providing such care for at least 5 years and shall have participated in training for foster parents or shelter parents on an ongoing basis.

2.  One member shall be a supervisor or counselor from the WAGES Program.

3.  Two members shall be educators from the state's university and community college programs of social work, child development, psychology, sociology, or other field of study pertinent to the training of dependency program staff.

4.  One member shall be a pediatrician with expertise in the area of child abuse and neglect.

5.  One member shall be a psychiatrist or licensed clinical psychologist with extensive experience in counseling children and families.

6.  One member shall be an attorney with extensive experience in the practice of family law.

7.  One member shall be a guardian ad litem or a child welfare attorney, either of whom shall have extensive experience in the representation of children.

8.  One member shall be a state attorney with experience and expertise in the area of dependency and family law.

9.  One member shall be a representative from a local law enforcement unit specializing in child abuse and neglect.

10.  One member shall be a lay citizen who is a member of a child advocacy organization.

The initial members of the council shall be appointed within 30 days of the effective date of this section. Of the initial appointments, the member appointed by the Chief Justice of the Supreme Court, three members appointed pursuant to subparagraph 1., one member appointed pursuant to subparagraph 3., and the members specified in subparagraphs 4. and 5. shall be appointed to terms of 3 years each; three members appointed pursuant to subparagraph 1., one of the members appointed pursuant to subparagraph 3., and the members specified in subparagraphs 2., 6., and 7. shall be appointed for terms of 2 years each; and three members appointed pursuant to subparagraph 1., and the members specified in subparagraphs 8., 9., and 10. shall be appointed to terms of 1 year each. Thereafter, all appointed members shall serve terms of 3 years each. No person shall serve more than two consecutive terms.

(b)  The functions of the council shall be to:

1.  Advise the department on the overall comprehensive system for both preservice and inservice child welfare competency-based training and the components of such training; curriculum to be used in the training of dependency programs staff; targeting of areas of training and prioritization of dependency program staff to be trained; methods of delivery of the training; timeframes for participation in and completion of training by dependency program staff; location of training academies; types and frequencies of evaluations of the training academies; the budget for the child welfare training academies; and the contractor or contractors to be selected to organize and operate the training academies and to provide the training curriculum.

2.  Advise the department on staffing for the council, including the securing of national consultants with expertise in the development of child welfare competency-based training and the securing of Florida professionals to assist in the development of the comprehensive system for training.

3.  Review, evaluate, and advise the department concerning revisions, if needed, in both rules and law affecting standards and training for dependency programs.

4.  Recommend improvements, if needed, in the administration of dependency programs as it relates to standards and training for dependency program staff, including, but not limited to, the qualifications, recruitment, and retention of such staff.

5.  Report annually to the Secretary of Children and Family Services, the President of the Senate, and the Speaker of the House of Representatives.

(c)  The Secretary of Children and Family Services shall respond to the recommendations of the council in writing. The response shall be forwarded to the council, the President of the Senate, and the Speaker of the House of Representatives.

(d)  The department shall provide the council with staff necessary to assist in the performance of its duties.

(e)  Members of the council shall receive no compensation, but shall be reimbursed for expenses as provided for in s. 112.061.

(4)  CHILD WELFARE TRAINING PROGRAM.--The department shall establish a program for training pursuant to the provisions of this section, and all dependency program staff shall be required to participate in and successfully complete the program of training pertinent to their areas of responsibility.

(5)  CHILD WELFARE TRAINING TRUST FUND.--

(a)  There is created within the State Treasury a Child Welfare Training Trust Fund to be used by the Department of Children and Family Services for the purpose of funding a comprehensive system of child welfare training, including the securing of consultants to develop the system, the staff of the council, the expenses of the council members, the child welfare training academies and the participation of dependency program staff in the training.

(b)  One dollar from every noncriminal traffic infraction collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be deposited into the Child Welfare Training Trust Fund.

(c)  In addition to the funds generated by paragraph (b), the trust fund shall receive funds generated from an additional fee on birth certificates and dissolution of marriage filings, as specified in ss. 382.0255 and 28.101, respectively, and may receive funds from any other public or private source.

(d)  Funds that are not expended by the end of the budget cycle or through a supplemental budget approved by the department shall revert to the trust fund.

(6)  TIMEFRAME FOR ESTABLISHMENT OF TRAINING ACADEMIES.--By June 30, 1987, the department shall have established and have operational at least one training academy, which shall be located in subdistrict IIB. The department shall contract for the operation of the academy with Tallahassee Community College. The number, location, and timeframe for establishment of additional training academies shall be according to the recommendation of the council as approved by the Secretary of Children and Family Services.

(7)  ADOPTION OF RULES.--The Department of Children and Family Services shall adopt rules necessary to carry out the provisions of this section.

History.--ss. 105, 106, ch. 86-220; s. 4, ch. 87-108; s. 68, ch. 91-221; s. 5, ch. 91-429; s. 79, ch. 95-143; s. 815, ch. 95-148; s. 83, ch. 96-175; s. 111, ch. 97-237; s. 150, ch. 99-8.

402.41  Educational materials and training concerning human immunodeficiency virus infections and acquired immune deficiency syndrome.--The Department of Health shall develop educational materials and training about the transmission, control, and prevention of human immunodeficiency virus infections and acquired immune deficiency syndrome and other communicable diseases relevant for use in those facilities licensed under the provisions of this chapter.

History.--s. 9, ch. 88-380; s. 50, ch. 97-237.

402.45  Community resource mother or father program.--

(1)  The Department of Health shall establish a community resource mother or father program pursuant to this section within the resources allocated. The purpose of the program shall be to demonstrate the benefits of utilizing community resource mothers or fathers to improve maternal and child health outcomes; to enhance parenting and child development, including the educational enrichment of children through the promotion of increased awareness by mothers and fathers of their own strengths and potentials as home educators; to support family integrity through the provision of social support and parent education and training; to provide assistance to children at high risk for delinquent behavior and their parents; and to provide assistance to high-risk pregnant women and to high-risk or handicapped infants, toddlers, and preschool children and their parents.

(2)  No later than January 1, 1990, the department shall have community resource mother or father programs operational in some counties with high incidences of medically underserved high-risk children, low birthweight babies, and infant mortality. The programs shall be established in areas where the Florida First Start Program established under s. 230.2303 is not operational or is not able to serve the entire population needs in a community.

(3)  The Department of Health shall contract with county health departments, other public agencies, or not-for-profit agencies, or any combination thereof, to carry out the programs utilizing community resource mother or father services.

(4)  A community resource mother or father shall be an individual who by residence and resources is able to identify with the target population, and meets the following minimum criteria:

(a)  Is at least 25 years of age.

(b)  Is a mother or father.

(c)  Is a recipient of temporary assistance under the WAGES Program or a person with an income below the federal poverty level, or has an income equivalent to community clients.

(5)  The Department of Health may, in addition to the criteria in subsection (4), require other criteria to contract for community resource mother or father services.

(6)  The community resource mother or father program shall be included under the jurisdiction of the State Coordinating Council for Early Childhood Services established pursuant to s. 411.222. The council shall make recommendations for effective implementation of the program and shall advise the Department of Health in the development of program guidelines, the schedule for implementation, the establishment of evaluation procedures, the provision of technical assistance to individual programs, and the development of the program evaluation report.

(7)  The Department of Health shall develop the program guidelines.

(8)  Individuals under contract to provide community resource mother or father services shall participate in preservice and ongoing training as determined by the Department of Health in consultation with the State Coordinating Council for Early Childhood Services. A community resource mother or father shall not be assigned a client caseload until all preservice training requirements are completed.

(9)  The community resource mother or father shall be assigned a caseload based on the criteria established by the Department of Health, which criteria consider geographic distance, severity of problems on the caseload, and skills needed to address the problems. A plan shall be developed for each case that includes, at a minimum:

(a)  A statement of the high-risk pregnant woman's problems or high-risk child's problems and needs.

(b)  The goals and objectives of the intervention program.

(c)  The services to be provided by the community resource mother or father.

(d)  Community resources to be used.

(e)  Schedule of visits between community resource mothers or fathers and clients.

(10)  Supervision of the community resource mother or father shall be the responsibility of the county health department or other public agency or nonprofit agency under contract to the department, whichever is appropriate, and may be delegated to a community agency under contract.

(11)  The department may adopt rules necessary to implement this section.

History.--s. 9, ch. 89-379; s. 2, ch. 90-192; s. 5, ch. 91-429; s. 123, ch. 94-209; s. 84, ch. 96-175; s. 192, ch. 97-101; s. 35, ch. 99-5; s. 151, ch. 99-8.

402.47  Foster grandparent and retired senior volunteer services to high-risk and handicapped children.--

(1)  As used in this section, the term:

(a)  "Foster grandparent" means an individual who volunteers to provide support services to high-risk and handicapped children.

(b)  "Foster grandparent program" means a program established under the Domestic Volunteer Service Act of 1973, Pub. L. No. 93-113, to provide opportunities for low-income persons 60 years of age and older to give support services to high-risk and handicapped children.

(c)  "Retired senior volunteer" means an individual who volunteers to provide services under the retired senior volunteer program.

(d)  "Retired senior volunteer program" means a program established under the Domestic Volunteer Service Act of 1973, Pub. L. No. 93-113, for the purpose of providing volunteer opportunities for any person 60 years of age or older who wants to use his or her experience and talents in useful service to others in the community.

(2)  The ¹Department of Health and Rehabilitative Services shall:

(a)  Establish a program to provide foster grandparent and retired senior volunteer services to high-risk and handicapped children. Foster grandparent services and retired senior volunteer services to high-risk and handicapped children shall be under the supervision of the ²Deputy Secretary for Human Services, in coordination with intraagency and interagency programs and agreements as provided for in s. 411.203.

(b)  In authorized districts, contract with foster grandparent programs and retired senior volunteer programs for services to high-risk and handicapped children, utilizing funds appropriated for handicap prevention.

(c)  Develop guidelines for the provision of foster grandparent services and retired senior volunteer services to high-risk and handicapped children, and monitor and evaluate the implementation of the program.

(d)  Coordinate with the Federal Action State Office and the department's Office of Prevention, Early Assistance, and Child Development regarding the development of criteria for program elements and funding.

(3)  The department may adopt rules necessary to implement the provisions of this section.

History.--s. 10, ch. 89-379; s. 9, ch. 91-158.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

²Note.--Section 5, ch. 96-403, deletes all references to "Deputy Secretary for Human Services" from s. 20.19.

402.48  Health care services pools.--

(1)  As used in this section, the term:

(a)  "Department" means the Department of Health.

(b)  "Health care services pool" means any person, firm, corporation, partnership, or association engaged for hire in the business of providing temporary employment in health care facilities for licensed health care personnel including, without limitation, nursing assistants, nurses' aides, and orderlies. However, the term does not include nursing registries, a facility licensed under chapter 400, a health care services pool established within a health care facility to provide services only within the confines of such facility, or any individual contractor directly providing temporary services to a health care facility without use or benefit of a contracting agent.

(2)  Each person who operates a health care services pool must register each separate business location with the department. The department shall adopt rules and provide forms required for such registration and shall impose a registration fee in an amount sufficient to cover the cost of administering this section. In addition, the registrant must provide the department with any change of information contained on the original registration application within 14 days after the change. The department may inspect the offices of any health care services pool at any reasonable time for the purpose of determining compliance with this section or the rules adopted under this section.

(3)  Each application for registration must include:

(a)  The name and address of any person who has an ownership interest in the business, and, in the case of a corporate owner, copies of the articles of incorporation, bylaws, and names and addresses of all officers and directors of the corporation.

(b)  Any other information required by the department.

(4)  Each registration shall be for a period of 2 years. The application for renewal must be received by the department at least 20 days before the expiration date of the registration. A new registration is required upon the sale of a controlling interest in a health care services pool.

(5)  A health care services pool may not require an employee to recruit new employees from persons employed at a health care facility to which the health care services pool employee is assigned. Nor shall a health care facility to which employees of a health care services pool are assigned recruit new employees from the health care services pool.

(6)  A health care services pool shall document that each temporary employee provided to a health care facility is licensed and has met training and continuing education requirements, as established by the appropriate regulatory agency, for the position in which he or she will be working.

(7)  A health care services pool shall comply with all pertinent regulations of the appropriate regulatory agency relating to health and other qualifications of personnel employed in health care facilities.

(8)(a)  As a condition of registration and prior to the issuance or renewal of a certificate of registration, a health care services pool applicant must prove financial responsibility to pay claims, and costs ancillary thereto, arising out of the rendering of services or failure to render services by the pool or by its employees in the course of their employment with the pool. The department shall promulgate rules establishing minimum financial responsibility coverage amounts which shall be adequate to pay potential claims and costs ancillary thereto.

(b)  Each health care services pool shall give written notification to the department within 20 days after any change in the method of assuring financial responsibility or upon cancellation or nonrenewal of professional liability insurance. Unless the pool demonstrates that it is otherwise in compliance with the requirements of this section, the department shall suspend the license of the pool pursuant to ss. 120.569 and 120.57. Any suspension under this section shall remain in effect until the pool demonstrates compliance with the requirements of this section.

(c)  Proof of financial responsibility must be demonstrated to the satisfaction of the department, through one of the following methods:

1.  Establishing and maintaining an escrow account consisting of cash or assets eligible for deposit in accordance with s. 625.52;

2.  Obtaining and maintaining an unexpired irrevocable letter of credit established pursuant to chapter 675. Such letters of credit shall be nontransferable and nonassignable and shall be issued by any bank or savings association organized and existing under the laws of this state or any bank or savings association organized under the laws of the United States that has its principal place of business in this state or has a branch office which is authorized under the laws of this state or of the United States to receive deposits in this state; or

3.  Obtaining and maintaining professional liability coverage from one of the following:

a.  An authorized insurer as defined under s. 624.09;

b.  An eligible surplus lines insurer as defined under s. 626.918(2);

c.  A risk retention group or purchasing group as defined under s. 627.942; or

d.  A plan of self-insurance as provided in s. 627.357.

¹(d)  If financial responsibility requirements are met by maintaining an escrow account or letter of credit, as provided in this section, upon the entry of an adverse final judgment arising from a medical malpractice arbitration award from a claim of medical malpractice either in contract or tort, or from noncompliance with the terms of a settlement agreement arising from a claim of medical malpractice either in contract or tort, the financial institution holding the escrow account or the letter of credit shall pay directly to the claimant the entire amount of the judgment together with all accrued interest or the amount maintained in the escrow account or letter of credit as required by this section, whichever is less, within 60 days after the date such judgment became final and subject to execution, unless otherwise mutually agreed to in writing by the parties. If timely payment is not made, the department shall suspend the license of the pool pursuant to procedures set forth by the department through rule. Nothing in this paragraph shall abrogate a judgment debtor's obligation to satisfy the entire amount of any judgment.

(e)  Each health care services pool carrying claims-made coverage must demonstrate proof of extended reporting coverage through either tail or nose coverage, in the event the policy is canceled, replaced, or not renewed. Such extended coverage shall provide coverage for incidents that occurred during the claims-made policy period but were reported after the policy period.

(f)  The financial responsibility requirements of this section shall apply to claims for incidents that occur on or after January 1, 1991, or the initial date of registration in this state, whichever is later.

(g)  Meeting the financial responsibility requirements of this section must be established at the time of issuance or renewal of a certificate of registration.

(9)  The department shall adopt rules to implement this section, including rules providing for the establishment of:

(a)  Minimum standards for the operation and administration of health care personnel pools, including procedures for recordkeeping and personnel.

(b)  Fines for the violation of this section in an amount not to exceed $1,000 and suspension or revocation of registration.

(c)  Disciplinary sanctions for failure to comply with this section or the rules adopted under this section.

History.--s. 1, ch. 89-354; s. 1, ch. 90-158; s. 1, ch. 90-192; s. 30, ch. 90-295; s. 184, ch. 91-108; s. 4, ch. 91-429; s. 52, ch. 94-218; s. 1061, ch. 95-148; s. 128, ch. 96-410; s. 3, ch. 97-264; s. 1, ch. 98-130.

¹Note.--As created by s. 30, ch. 90-295. This version is published as the last expression of legislative will (see Journal of the House of Representatives 1990, p. 1771, and Journal of the Senate 1990, p. 626). Section 1, ch. 90-158, also created paragraph (8)(d), and that version reads:

(d)  If financial responsibility requirements are met by maintaining an escrow account or a letter of credit, as provided in this section, these funds shall be payable to the health care services pool upon presentment to the escrow agent or financial institution of a final judgment indicating liability and awarding damages to be paid by the pool. Alternatively, such funds are payable upon presentment of a settlement agreement signed by all parties to such agreement. However, coverage is only provided to the extent that such final judgment or settlement is a result of a claim arising out of the rendering of, or the failure to render, services by the pool or by its employees in the course of their employment with the pool. A health care services pool shall pay the entire amount of any judgment resulting from the above claims, together with all accrued interest, or the amount maintained in the escrow account or provided in the letter of credit as required by this section, whichever is less, within 60 days after the date such judgment becomes final and subject to execution, unless otherwise mutually agreed to in writing by the parties. If timely payment is not made by the pool, the department shall suspend the license of the pool. Nothing in this paragraph shall abrogate a judgment debtor's obligation to satisfy the entire amount of any judgment.

402.49  Mediation process established.--

(1)  The Department of Children and Family Services shall establish a mediation process for the purpose of resolving disputes that arise between the department and agencies that are operating under contracts with the department.

(2)(a)  The department shall appoint at least one mediation panel in each of the department's service districts. Each panel shall have at least three and not more than five members and shall include a representative from the department, a representative of an agency that provides similar services to those provided by the agency that is a party to the dispute, and additional members who are mutually acceptable to the department and the agency that is a party to the dispute. Such additional members may include laypersons who are involved in advocacy organizations, members of boards of directors of agencies similar to the agency that is a party to the dispute, members of families of department clients, members of department planning councils in the area of services that are the subject of the dispute, and interested and informed members of the local community.

(b)  If the parties to the conflict agree, a mediation panel may hear a complaint that is filed outside of the panel's service district.

(3)  Prior to bringing a complaint before a mediation panel, each party must agree to abide by the decision of the panel. A final decision of the panel may not be appealed under chapter 120. However, this section does not limit the right of the department or any agency under contract with the department to file a proceeding under chapter 120 if either party fails to request mediation or refuses to participate in mediation as provided in this section.

History.--s. 16, ch. 91-158; s. 152, ch. 99-8.

402.50  Administrative infrastructure; legislative intent; establishment of standards.--

(1)  LEGISLATIVE INTENT.--The Legislature finds evidence of deficiencies in the administrative infrastructure of the Department of Children and Family Services, hereafter referred to as the "department," that may negatively affect the timeliness and quality of delivery of services. Particularly, the Legislature finds that inadequate client and management information systems have impeded integrated service delivery, that program evaluation activities have been insufficient, that workloads of administrative personnel are excessive, and that clients and service providers have been adversely affected by these administrative deficiencies. It is the intent of the Legislature that the administrative infrastructure of the department be established at levels necessary to support efficient and effective delivery of services. Further, it is the intent of the Legislature that contracts of the department with service providers include established levels of funding for administrative infrastructure to support efficient and effective delivery of contracted services.

(2)  ADMINISTRATIVE INFRASTRUCTURE STANDARDS.--

(a)  The department, in conjunction with the Department of Management Services and the Governor's Office of Planning and Budgeting, shall develop standards for administrative infrastructure funding and staffing to support the department and contract service providers in the execution of their duties and responsibilities. A report of recommended standards shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, the minority leaders of the Senate and House, and the chairpersons of appropriate House and Senate committees by October 1, 1992.

(b)  The department shall submit, by October 1, 1991, a task analysis, implementation plan, and schedule for the development of administrative infrastructure standards to the Economic and Demographic Research Division of the Joint Legislative Management Committee and to the appropriations committees. The Economic and Demographic Research Division shall review the plan and submit its comments to the appropriations committees by December 1, 1991. The appropriations committees shall determine whether the proposed plan should be modified or implemented as presented and may direct the department to submit regular reports on the status of the implementation of the plan as approved.

(c)  The development of administrative infrastructure funding and staffing standards shall include, but is not limited to, the following:

1.  Identification of functions necessary to support the service delivery capacity of the department and service providers.

2.  Identification of functions necessary to ensure adequate program development and oversight by the department.

3.  Specification of professional standards and position classifications necessary to perform identified functions.

4.  Recommendation of staffing formulas to support identified functions.

5.  Recommendation of improvements in automation of information systems to support identified functions.

6.  Prevention of unnecessary duplication of functions.

7.  Development of standardized percentages for administrative infrastructure costs of contracted services.

(3)  ADMINISTRATIVE INFRASTRUCTURE ANALYSIS.--Based upon administrative infrastructure standards developed in accordance with the provisions of this section, the department shall complete an annual analysis of deficiencies in administrative infrastructure of the department and in contracts with service providers. A report of this analysis shall be included in the report of recommended standards required by this section, and subsequent annual analyses shall be reflected in legislative budget requests.

History.--s. 8, ch. 91-158; s. 34, ch. 96-399; s. 153, ch. 99-8.

402.55  Management fellows program.--

(1)  It is the intent of the Legislature to provide a program whereby the Department of Children and Family Services and the Department of Health may identify, designate, train, and promote employees with high levels of administrative and management potential in order to meet the need of the departments for broad-based administrative and managerial knowledge and skills in key positions within the departments.

(2)  The departments are authorized to establish a management fellows program in order to provide highly qualified career candidates for key administrative and managerial positions in the departments. Such program shall include, but is not limited to:

(a)  The identification annually by the secretaries, the assistant secretaries, and the district administrator in each district of one high-potential career service employee each, to be designated and appointed to serve as a full-time health and rehabilitative services management fellow for a period of 1 year.

(b)  The design, development, implementation, and monitoring of a full-time, 1-year placement program based on a self-motivated enrichment plan for each respective fellow in various units of the departments.

(c)  The participation of each management fellow in on-the-job management training and inservice administrative training project assignments, supplemented by periodic management workshops, seminars, and courses within and outside the departments.

(3)  The departments shall develop, implement, operate, and monitor the management fellows program provided by this act within existing resources, including the annual identification and allocation of resources necessary to support the training activities of each management fellow.

(4)  Notwithstanding the provisions of chapter 110, the departments may grant special pay increases to management fellows upon successful completion of the program.

(5)  The departments may adopt rules to implement this section.

History.--s. 10, ch. 91-158; s. 154, ch. 99-8.

402.70  Interagency agreement between Department of Health and Department of Children and Family Services.--The Department of Health and the Department of Children and Family Services shall enter into an interagency agreement to ensure coordination and cooperation in identifying client populations, developing service delivery systems, and meeting the needs of the state's residents. The interagency agreement must address cooperative programmatic issues, rules-development issues, and any other issues that must be resolved to ensure the continued working relationship among the health and family services programs of the two departments.

History.--s. 20, ch. 96-403.

402.71  Transfer of funds, positions, and budget authority within department.--

(1)  The secretary may transfer funds, positions, and budget authority within the department, pursuant to chapter 216, provided the department comports generally with legislative intent.

(2)  The secretary may transfer salary rate within the department with the prior approval of the Executive Office of the Governor and in accordance with chapter 216.

(3)  The secretary may establish, abolish, or consolidate district programs and other offices and may reallocate duties and functions within the department without regard to established service areas. Administrative services may be delivered at the institutional level or higher, as determined by the secretary to be in the best interests of efficient delivery of support services.

History.--s. 22, ch. 96-403.

402.72  Department of Children and Family Services contracts; contract management units; reporting requirements.--

(1)  The Department of Children and Family Services shall take steps to ensure that department contracts are negotiated in a manner that assures that the state's interests are well represented. In order to make this assurance, the department must request voluntary assistance from outside entities, including, but not limited to, other state agencies, to provide training for departmental employees who negotiate contracts. Further, employees who negotiate contracts must have available to them other department employees who have expertise in legal and fiscal matters and employees who are especially skilled in conducting contract negotiations to ensure that the interests of the state are well represented.

(2)  The department shall create contract management units at the district level which must be staffed by individuals who are specifically trained to perform the functions related to contract management. The contract management units are responsible for monitoring the programmatic and administrative performance of the department's contracts for client services and shall report to the appropriate district administrator. To the greatest extent possible, the members of the contract management units shall be career service employees who are assigned to the same pay grade. The contract management units shall be in operation throughout the state no later than March 1, 1999.

(3)  The department shall evaluate the effectiveness and efficiency of contracting functions in each service district and report to the Legislature by December 15, 1999. For districts where contracting functions have been centralized for at least 12 months, the department shall report on the effectiveness of such centralization. For districts that elected not to centralize contracting functions, the report must include the reasons for that decision and the steps a district has taken to improve contracting within the district.

History.--s. 2, ch. 98-25.