CODING: Words stricken are deletions; words underlined are additions.House Bill 1423
Florida House of Representatives - 1997 HB 1423
By Representative Brennan
1 A bill to be entitled
2 An act relating to children; amending s.
3 230.2305, F.S.; providing for privatization of
4 the prekindergarten early intervention program;
5 providing for funding; providing for standards;
6 providing for a sliding fee scale; providing
7 references to the Department of Children and
8 Family Services; amending s. 402.302, F.S.;
9 defining "evening child care"; providing
10 references to the Department of Children and
11 Family Services; amending s. 402.305, F.S.;
12 providing minimum standards for
13 staff-to-children ratio in a licensed child
14 care facility with children of mixed age
15 ranges; providing for minimum standards for
16 evening child care; amending s. 402.3015, F.S.;
17 requiring level 2 background screening of
18 nonrelated, unregulated caregivers receiving
19 subsidies through the subsidized child care
20 program or other public funds; providing
21 references to the Department of Children and
22 Family Services; amending s. 402.3051, F.S.;
23 providing a timeframe for market rate
24 reimbursement for providers of subsidized child
25 care; amending s. 402.313, F.S.; providing for
26 establishment of minimum standards for licensed
27 family day care homes; amending ss. 220.03,
28 943.0585, and 943.059, F.S.; correcting cross
29 references; providing references to the
30 Department of Children and Family Services;
31 providing an effective date.
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsection (1), the introductory paragraph
4 and paragraph (b) of subsection (2), paragraph (b) of
5 subsection (3), paragraphs (m) and (s) of subsection (5), and
6 paragraph (a) of subsection (10) of section 230.2305, Florida
7 Statutes, 1996 Supplement, are amended, and paragraph (t) is
8 added to subsection (5), to read:
9 230.2305 Prekindergarten early intervention program.--
10 (1) LEGISLATIVE INTENT; PURPOSE.--The Legislature
11 recognizes that high-quality prekindergarten education
12 programs increase children's chances of achieving future
13 educational success and becoming productive members of
14 society. It is the intent of the Legislature that such
15 programs be developmental, serve as preventive measures for
16 children at risk of future school failure, enhance the
17 educational readiness of all children, and support family
18 education and the involvement of parents in their child's
19 educational progress. Each prekindergarten early intervention
20 program shall provide the elements necessary to prepare
21 children for school, including health screening and referral
22 and a developmentally appropriate educational program and
23 opportunities for parental involvement in the program. It is
24 the legislative intent that the prekindergarten early
25 intervention program not exist as an isolated program, but
26 build upon existing services and work in cooperation with
27 other programs for young children. It is intended that
28 procedures such as, but not limited to, contracting,
29 collocation, mainstreaming, and cooperative funding be used to
30 coordinate the program with Head Start, public and private
31 providers of child care, preschool programs for children with
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1 disabilities, programs for migrant children, Chapter I,
2 subsidized child care, adult literacy programs, and other
3 services. It is further the intent of the Legislature that the
4 Commissioner of Education seek the advice of the Secretary of
5 Children and Family Health and Rehabilitative Services in the
6 development and implementation of the prekindergarten early
7 intervention program and the coordination of services to young
8 children. The purpose of the prekindergarten early
9 intervention program is to assist local communities in
10 implementing programs that will enable all the families and
11 children in the school district to be prepared for the
12 children's success in school.
13 (2) ELIGIBILITY.--There is hereby created the
14 prekindergarten early intervention program for children who
15 are 3 and 4 years of age. A prekindergarten early
16 intervention program shall be administered by a district
17 school board and shall receive state funds pursuant to
18 subsection (10) (9). Prekindergarten early intervention
19 programs shall be implemented and conducted by school
20 districts pursuant to a plan developed and approved as
21 provided in this section. School district participation in
22 the prekindergarten early intervention program shall be at the
23 discretion of each school district.
24 (b) An "economically disadvantaged" child shall be
25 defined as a child eligible to participate in the free lunch
26 program. Notwithstanding any change in a family's economic
27 status or in the federal eligibility requirements for free
28 lunch, a child who meets the eligibility requirements upon
29 initial registration for the program shall be considered
30 eligible until the child reaches kindergarten age. In order
31 to assist the school district in establishing the priority in
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1 which children shall be served, and to increase the efficiency
2 in the provision of child care services in each district, the
3 district shall enter into a written collaborative agreement
4 with other publicly funded early education and child care
5 programs within the district. Such agreement shall be
6 facilitated by the interagency coordinating council and shall
7 set forth, among other provisions, the measures to be
8 undertaken to ensure the programs' achievement and compliance
9 with the performance standards established in subsection (3)
10 and for maximizing the public resources available to each
11 program. In addition, the central agency for state-subsidized
12 child care or the local service district of the Department of
13 Children and Family Health and Rehabilitative Services shall
14 provide the school district with an updated list of 3-year-old
15 and 4-year-old children residing in the school district who
16 are on the waiting list for state-subsidized child care.
17 (3) STANDARDS.--
18 (b) The Department of Education and the Department of
19 Children and Family Health and Rehabilitative Services, in
20 consultation with the Legislature, shall develop a minimum set
21 of performance standards for publicly funded early education
22 and child care programs and a method for measuring the
23 progress of local school districts and central agencies in
24 meeting a desired set of outcomes based on these performance
25 measures. The defined outcomes must be consistent with the
26 state's first education goal, readiness to start school, and
27 must also consider efficiency measures such as the employment
28 of a simplified point of entry to the child care services
29 system, coordinated staff development programs, and other
30 efforts within the state to increase the opportunity for
31 welfare recipients to become self-sufficient. Performance
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1 standards shall be developed for all levels of administration
2 of the programs, including individual programs and providers,
3 and must incorporate appropriate expectations for the type of
4 program and the setting in which care is provided.
5 (5) PLAN APPROVAL.--To be considered for approval,
6 each plan, or amendment to a plan, must be prepared according
7 to instructions issued by the Commissioner of Education and
8 must include, without limitation:
9 (m) Identification of the days and hours when services
10 are to be provided, including a school day and school year
11 equal to or exceeding the requirements for kindergarten under
12 ss. 228.041 and 236.013 and strategies to provide care before
13 school, after school, and 12 months a year, when needed. The
14 strategies specified by this paragraph must be developed by
15 the school district in cooperation with the central agency for
16 state-subsidized child care or the local service district of
17 the Department of Children and Family Health and
18 Rehabilitative Services and must be approved by the district
19 interagency coordinating council established under subsection
20 (11). Programs may be provided on Saturdays and through other
21 innovative scheduling arrangements.
22 (s) Strategies for school district coordination with
23 the central agency for state-subsidized child care or the
24 local service district of the Department of Children and
25 Family Health and Rehabilitative Services to verify family
26 participation in the WAGES Program, thus ensuring accurate
27 reporting and full utilization of federal funds available
28 through the Family Support Act, and for the agency's or
29 service district's sharing of the waiting list for
30 state-subsidized child care under paragraph (3)(a).
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1 (t) A plan for use of at least 25 percent of the
2 minimum grant for each school district, as determined annually
3 in the General Appropriations Act, to privatize the
4 prekindergarten early intervention program. Waivers may be
5 authorized for small school districts upon the submission of a
6 plan to meet the 25-percent minimum within a reasonable time,
7 upon approval by the district interagency coordinating
8 council. Programs receiving funds must meet prekindergarten
9 early intervention program standards. School districts shall
10 implement a sliding fee scale for families receiving services
11 through the prekindergarten early intervention program modeled
12 after the scale adopted for the subsidized child care program
13 pursuant to s. 402.3015.
14 (10) FUNDING.--
15 (a) This section shall be implemented only to the
16 extent that funding is available. State funds appropriated
17 for the prekindergarten early intervention program may only be
18 used pursuant to the plan developed in consultation with the
19 interagency coordinating council on early childhood services
20 and may not be used for the construction of new facilities,
21 the transportation of students, or the purchase of buses, but
22 may be used for educational field trips which enhance the
23 curriculum.
24 1. At least 70 percent of the total funds allocated to
25 each school district under this section must be used for
26 implementing and conducting a prekindergarten early
27 intervention program. At least 25 percent of the total funds
28 shall be used to privatize the prekindergarten early
29 intervention program by or contracting with other public or
30 nonpublic entities for programs to serve eligible children.
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1 The maximum amount to be spent per child for this purpose is
2 to be designated annually in the General Appropriations Act.
3 2. No more than 30 percent of the funds allocated to
4 each school district pursuant to this section may be used to
5 enhance existing public and nonpublic programs for eligible
6 children, to provide before-school and after-school care for
7 children served under this section, to remodel or renovate
8 existing facilities under chapter 235, to lease or
9 lease-purchase facilities in accordance with subsection (4) of
10 this section, to purchase classroom equipment to allow the
11 implementation of the prekindergarten early intervention
12 program, and to provide training for program teachers and
13 administrative personnel employed by the school district and
14 by agencies with which the school district contracts for the
15 provision of prekindergarten services.
16 3. Funds may also be used pursuant to subparagraphs 1.
17 and 2. to provide the prekindergarten early intervention
18 program for more than 180 school days.
19 Section 2. Section 402.302, Florida Statutes, 1996
20 Supplement, is amended to read:
21 402.302 Definitions.--
22 (1)(3) "Child care" means the care, protection, and
23 supervision of a child, for a period of less than 24 hours a
24 day on a regular basis, which supplements parental care,
25 enrichment, and health supervision for the child, in
26 accordance with his or her individual needs, and for which a
27 payment, fee, or grant is made for care.
28 (2)(4) "Child care facility" includes any child care
29 center or child care arrangement which provides child care for
30 more than five children unrelated to the operator and which
31 receives a payment, fee, or grant for any of the children
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1 receiving care, wherever operated, and whether or not operated
2 for profit. The following are not included:
3 (a) Public schools and nonpublic schools and their
4 integral programs, except as provided in s. 402.3025;
5 (b) Summer camps having children in full-time
6 residence;
7 (c) Summer day camps; and
8 (d) Bible schools normally conducted during vacation
9 periods.
10 (3)(8) "Child care personnel" means all owners,
11 operators, employees, and volunteers working in a child care
12 facility. The term does not include persons who work in a
13 child care facility after hours when children are not present
14 or parents of children in Head Start. For purposes of
15 screening, the term includes any member, over the age of 12
16 years, of a child care facility operator's family, or person,
17 over the age of 12 years, residing with a child care facility
18 operator if the child care facility is located in or adjacent
19 to the home of the operator or if the family member of, or
20 person residing with, the child care facility operator has any
21 direct contact with the children in the facility during its
22 hours of operation. Members of the operator's family or
23 persons residing with the operator who are between the ages of
24 12 years and 18 years shall not be required to be
25 fingerprinted but shall be screened for delinquency records.
26 For purposes of screening, the term shall also include persons
27 who work in child care programs which provide care for
28 children 15 hours or more each week in public or nonpublic
29 schools, summer day camps, family day care homes, or those
30 programs otherwise exempted under s. 402.316. The term does
31 not include public or nonpublic school personnel who are
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1 providing care during regular school hours, or after hours for
2 activities related to a school's program for grades
3 kindergarten through 12 as required under chapter 232. A
4 volunteer who assists on an intermittent basis for less than
5 40 hours per month is not included in the term "personnel" for
6 the purposes of screening and training, provided that the
7 volunteer is under direct and constant supervision by persons
8 who meet the personnel requirements of s.
9 402.305(2)402.305(1). Students who observe and participate in
10 a child care facility as a part of their required coursework
11 shall not be considered child care personnel, provided such
12 observation and participation are on an intermittent basis and
13 the students are under direct and constant supervision of
14 child care personnel.
15 (4)(1) "Department" means the Department of Children
16 and Family Health and Rehabilitative Services.
17 (5)(12) "Drop-in child care" means child care provided
18 occasionally in a child care facility in a shopping mall or
19 business establishment where a child is in care for no more
20 than a 4-hour period and the parent remains on the premises of
21 the shopping mall or business establishment at all times.
22 Drop-in child care arrangements shall meet all requirements
23 for a child care facility unless specifically exempted.
24 (6) "Evening child care" means child care provided
25 during the evening hours and may encompass the hours of 6:00
26 p.m. to 7:00 a.m. to accommodate parents who work evenings and
27 late-night shifts.
28 (7)(5) "Family day care home" means an occupied
29 residence in which child care is regularly provided for
30 children from at least two unrelated families and which
31 receives a payment, fee, or grant for any of the children
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1 receiving care, whether or not operated for profit. A family
2 day care home shall be allowed to provide care for one of the
3 following groups of children, which shall include those
4 children under 13 years of age who are related to the
5 caregiver:
6 (a) A maximum of four children from birth to 12 months
7 of age.
8 (b) A maximum of three children from birth to 12
9 months of age, and other children, for a maximum total of six
10 children.
11 (c) A maximum of six preschool children if all are
12 older than 12 months of age.
13 (d) A maximum of 10 children if no more than 5 are
14 preschool age and, of those 5, no more than 2 are under 12
15 months of age.
16 (8)(13) "Indoor recreational facility" means an indoor
17 commercial facility which is established for the primary
18 purpose of entertaining children in a planned fitness
19 environment through equipment, games, and activities in
20 conjunction with food service and which provides child care
21 for a particular child no more than 4 hours on any one day. An
22 indoor recreational facility must be licensed as a child care
23 facility under s. 402.305, but is exempt from the minimum
24 outdoor-square-footage-per-child requirement specified in that
25 section, if the indoor recreational facility has, at a
26 minimum, 3,000 square feet of usable indoor floor space.
27 (9) "Local licensing agency" means any agency or
28 individual designated by the county to license child care
29 facilities.
30 (10)(6) "Operator" means any onsite person ultimately
31 responsible for the overall operation of a child care
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1 facility, whether or not he or she is the owner or
2 administrator of such facility.
3 (11)(7) "Owner" means the person who is licensed to
4 operate the child care facility.
5 (12)(10) "Screening" means the act of assessing the
6 background of child care personnel and includes, but is not
7 limited to, employment history checks, local criminal records
8 checks through local law enforcement agencies, fingerprinting
9 for all purposes and checks in this subsection, statewide
10 criminal records checks through the Department of Law
11 Enforcement, and federal criminal records checks through the
12 Federal Bureau of Investigation; except that screening for
13 volunteers included under the definition of personnel includes
14 only local criminal records checks through local law
15 enforcement agencies for current residence and residence
16 immediately prior to employment as a volunteer, if different,
17 and statewide criminal records correspondence checks through
18 the Department of Law Enforcement.
19 (13)(2) "Secretary" means the Secretary of Children
20 and Family the Department of Health and Rehabilitative
21 Services.
22 (14)(11) "Substantial compliance" means that level of
23 adherence which is sufficient to safeguard the health, safety,
24 and well-being of all children under care. Substantial
25 compliance is greater than minimal adherence but not to the
26 level of absolute adherence. Where a violation or variation
27 is identified as the type which impacts, or can be reasonably
28 expected within 90 days to impact, the health, safety, or
29 well-being of a child, there is no substantial compliance.
30 Section 3. Paragraph (a) of subsection (4) of section
31 402.305, Florida Statutes, 1996 Supplement, is amended,
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1 subsection (16) is renumbered as subsection (17), and a new
2 subsection (16) is added to said section, to read:
3 402.305 Licensing standards; child care facilities.--
4 (4) STAFF-TO-CHILDREN RATIO.--
5 (a) Minimum standards for the care of children in a
6 licensed child care facility as established by rule of the
7 department must include:
8 1. For children from birth through 1 year of age,
9 there must be one child care personnel for every four
10 children.
11 2. For children 1 year of age or older, but under 2
12 years of age, there must be one child care personnel for every
13 six children.
14 3. For children 2 years of age or older, but under 3
15 years of age, there must be one child care personnel for every
16 11 children.
17 4. For children 3 years of age or older, but under 4
18 years of age, there must be one child care personnel for every
19 15 children.
20 5. For children 4 years of age or older, but under 5
21 years of age, there must be one child care personnel for every
22 20 children.
23 6. For children 5 years of age or older, there must be
24 one child care personnel for every 25 children.
25 7. For groups of children of mixed age ranges, where
26 children under 2 years of age are not included, the
27 staff-to-children ratio shall be based on the age group with
28 the largest number of children within the group.
29 (16) EVENING CHILD CARE.--Minimum standards shall be
30 developed by the department to provide for reasonable,
31 affordable, and safe evening child care. Each facility
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1 offering evening child care must meet these minimum standards,
2 regardless of the origin or source of the fees used to operate
3 the facility or the type of children served by the facility.
4 The department may modify in rule the licensing standards
5 contained in this section to accommodate evening child care.
6 Section 4. Paragraph (a) of subsection (1), paragraph
7 (d) of subsection (6), and the introductory paragraph of
8 subsection (9) of section 402.3015, Florida Statutes, 1996
9 Supplement, are amended to read:
10 402.3015 Subsidized child care program; purpose; fees;
11 contracts.--
12 (1) The purpose of the subsidized child care program
13 is to provide quality child care to enhance the development,
14 including language, cognitive, motor, social, and self-help
15 skills of children who are at risk of abuse or neglect and
16 children of low-income families, and to promote financial
17 self-sufficiency and life skills for the families of these
18 children, unless prohibited by federal law. Priority for
19 participation in the subsidized child care program shall be
20 accorded to children under 13 years of age who are:
21 (a) Determined to be at risk of abuse, neglect, or
22 exploitation and who are currently clients of the department's
23 Children and Families Services Program Office;
24 (6)
25 (d) Public funds may not be expended to a provider
26 unless the provider agrees to allow the community child care
27 coordinating agency access to fulfill its monitoring
28 requirements. Nonrelated, unregulated caregivers receiving a
29 subsidy through the subsidized child care program or other
30 public funds shall be required to meet the same personnel
31 screening requirements as personnel in family day care homes,
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1 who must meet level 2 screening standards as provided in s.
2 435.04.
3 (9) The central agency for state subsidized child care
4 or the local service district of the Department of Children
5 and Family Health and Rehabilitative Services shall cooperate
6 with the local interagency coordinating council as defined in
7 s. 230.2305 in the development of written collaborative
8 agreements with each local school district.
9 Section 5. Subsection (2) of section 402.3051, Florida
10 Statutes, 1996 Supplement, is amended to read:
11 402.3051 Child care market rate reimbursement; child
12 care grants.--
13 (2) The department shall establish procedures to
14 reimburse licensed, exempt, or registered child care providers
15 at the prevailing market rate for child care services for
16 children who are eligible to receive subsidized child care,
17 unless prohibited by federal law under s. 402.3015. The market
18 rate reimbursement shall be fully implemented for subsidized
19 child care within 6 months of completion of the annual market
20 rate survey. The department shall establish procedures to
21 reimburse providers of unregulated child care at not more than
22 50 percent of the market rate. The payment system may not
23 interfere with the parents' decision as to the appropriate
24 child care arrangement, regardless of the level of available
25 funding for child care. The child care program assessment tool
26 may not be used to determine reimbursement rates.
27 Section 6. Subsection (3) of section 402.313, Florida
28 Statutes, 1996 Supplement, is amended, and subsection (10) is
29 added to said section, to read:
30 402.313 Family day care homes.--
31
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1 (3) Child care personnel in family day care homes
2 shall be subject to the applicable screening provisions
3 contained in ss. 402.305(2) 402.305(1) and 402.3055. For
4 purposes of screening in family day care homes, the term
5 includes any member over the age of 12 years of a family day
6 care home operator's family, or persons over the age of 12
7 years residing with the operator in the family day care home.
8 Members of the operator's family, or persons residing with the
9 operator, who are between the ages of 12 years and 18 years
10 shall not be required to be fingerprinted, but shall be
11 screened for delinquency records.
12 (10) The department shall by rule establish minimum
13 standards for all licensed family day care homes, which must
14 include, but not be limited to, standards for personnel
15 training, physical facility, admissions, recordkeeping,
16 nutrition, discipline, and evening child care, and standards
17 for enforcement of these standards.
18 Section 7. Paragraph (cc) of subsection (1) of section
19 220.03, Florida Statutes, 1996 Supplement, is amended to read:
20 220.03 Definitions.--
21 (1) SPECIFIC TERMS.--When used in this code, and when
22 not otherwise distinctly expressed or manifestly incompatible
23 with the intent thereof, the following terms shall have the
24 following meanings:
25 (cc) "Child care facility startup costs" means
26 expenditures for equipment, including playground equipment and
27 kitchen appliances and cooking equipment, and real property,
28 including land and improvements, used to establish a child
29 care facility as defined by s. 402.302(4) located in the state
30 on the premises or within 5 miles of the employees' workplace
31 and used exclusively by the employees of the taxpayer.
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1 Section 8. Paragraph (a)5. of subsection (4) of
2 section 943.0585, Florida Statutes, 1996 Supplement, is
3 amended to read:
4 943.0585 Court-ordered expunction of criminal history
5 records.--The courts of this state have jurisdiction over
6 their own procedures, including the maintenance, expunction,
7 and correction of judicial records containing criminal history
8 information to the extent such procedures are not inconsistent
9 with the conditions, responsibilities, and duties established
10 by this section. Any court of competent jurisdiction may
11 order a criminal justice agency to expunge the criminal
12 history record of a minor or an adult who complies with the
13 requirements of this section. The court shall not order a
14 criminal justice agency to expunge a criminal history record
15 until the person seeking to expunge a criminal history record
16 has applied for and received a certificate of eligibility for
17 expunction pursuant to subsection (2). A criminal history
18 record that relates to a violation of chapter 794, s. 800.04,
19 s. 817.034, s. 827.071, chapter 839, s. 893.135, or a
20 violation enumerated in s. 907.041 may not be expunged,
21 without regard to whether adjudication was withheld, if the
22 defendant was found guilty of or pled guilty or nolo
23 contendere to the offense, or if the defendant, as a minor,
24 was found to have committed, or pled guilty or nolo contendere
25 to committing, the offense as a delinquent act. The court may
26 only order expunction of a criminal history record pertaining
27 to one arrest or one incident of alleged criminal activity,
28 except as provided in this section. The court may, at its sole
29 discretion, order the expunction of a criminal history record
30 pertaining to more than one arrest if the additional arrests
31 directly relate to the original arrest. If the court intends
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1 to order the expunction of records pertaining to such
2 additional arrests, such intent must be specified in the
3 order. A criminal justice agency may not expunge any record
4 pertaining to such additional arrests if the order to expunge
5 does not articulate the intention of the court to expunge a
6 record pertaining to more than one arrest. This section does
7 not prevent the court from ordering the expunction of only a
8 portion of a criminal history record pertaining to one arrest
9 or one incident of alleged criminal activity. Notwithstanding
10 any law to the contrary, a criminal justice agency may comply
11 with laws, court orders, and official requests of other
12 jurisdictions relating to expunction, correction, or
13 confidential handling of criminal history records or
14 information derived therefrom. This section does not confer
15 any right to the expunction of any criminal history record,
16 and any request for expunction of a criminal history record
17 may be denied at the sole discretion of the court.
18 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
19 criminal history record of a minor or an adult which is
20 ordered expunged by a court of competent jurisdiction pursuant
21 to this section must be physically destroyed or obliterated by
22 any criminal justice agency having custody of such record;
23 except that any criminal history record in the custody of the
24 department must be retained in all cases. A criminal history
25 record ordered expunged that is retained by the department is
26 confidential and exempt from the provisions of s. 119.07(1)
27 and s. 24(a), Art. I of the State Constitution and not
28 available to any person or entity except upon order of a court
29 of competent jurisdiction. A criminal justice agency may
30 retain a notation indicating compliance with an order to
31 expunge.
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1 (a) The person who is the subject of a criminal
2 history record that is expunged under this section or under
3 other provisions of law, including former s. 893.14, former s.
4 901.33, and former s. 943.058, may lawfully deny or fail to
5 acknowledge the arrests covered by the expunged record, except
6 when the subject of the record:
7 5. Is seeking to be employed or licensed by or to
8 contract with the Department of Children and Family Health and
9 Rehabilitative Services or to be employed or used by such
10 contractor or licensee in a sensitive position having direct
11 contact with children, the developmentally disabled, the aged,
12 or the elderly as provided in s. 39.076, s. 110.1127(3), s.
13 393.063(14), s. 394.4572(1), s. 397.451, s. 402.302(3)
14 402.302(8), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
15 415.1075(4), or chapter 400; or
16 Section 9. Paragraph (a)5. of subsection (4) of
17 section 943.059, Florida Statutes, 1996 Supplement, is amended
18 to read:
19 943.059 Court-ordered sealing of criminal history
20 records.--The courts of this state shall continue to have
21 jurisdiction over their own procedures, including the
22 maintenance, sealing, and correction of judicial records
23 containing criminal history information to the extent such
24 procedures are not inconsistent with the conditions,
25 responsibilities, and duties established by this section. Any
26 court of competent jurisdiction may order a criminal justice
27 agency to seal the criminal history record of a minor or an
28 adult who complies with the requirements of this section. The
29 court shall not order a criminal justice agency to seal a
30 criminal history record until the person seeking to seal a
31 criminal history record has applied for and received a
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1 certificate of eligibility for sealing pursuant to subsection
2 (2). A criminal history record that relates to a violation of
3 chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,
4 s. 893.135, or a violation enumerated in s. 907.041 may not be
5 sealed, without regard to whether adjudication was withheld,
6 if the defendant was found guilty of or pled guilty or nolo
7 contendere to the offense, or if the defendant, as a minor,
8 was found to have committed or pled guilty or nolo contendere
9 to committing the offense as a delinquent act. The court may
10 only order sealing of a criminal history record pertaining to
11 one arrest or one incident of alleged criminal activity,
12 except as provided in this section. The court may, at its sole
13 discretion, order the sealing of a criminal history record
14 pertaining to more than one arrest if the additional arrests
15 directly relate to the original arrest. If the court intends
16 to order the sealing of records pertaining to such additional
17 arrests, such intent must be specified in the order. A
18 criminal justice agency may not seal any record pertaining to
19 such additional arrests if the order to seal does not
20 articulate the intention of the court to seal records
21 pertaining to more than one arrest. This section does not
22 prevent the court from ordering the sealing of only a portion
23 of a criminal history record pertaining to one arrest or one
24 incident of alleged criminal activity. Notwithstanding any law
25 to the contrary, a criminal justice agency may comply with
26 laws, court orders, and official requests of other
27 jurisdictions relating to sealing, correction, or confidential
28 handling of criminal history records or information derived
29 therefrom. This section does not confer any right to the
30 sealing of any criminal history record, and any request for
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1 sealing a criminal history record may be denied at the sole
2 discretion of the court.
3 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
4 criminal history record of a minor or an adult which is
5 ordered sealed by a court of competent jurisdiction pursuant
6 to this section is confidential and exempt from the provisions
7 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
8 and is available only to the person who is the subject of the
9 record, to the subject's attorney, to criminal justice
10 agencies for their respective criminal justice purposes, or to
11 those entities set forth in subparagraphs (a)1., 4., 5., and
12 6. for their respective licensing and employment purposes.
13 (a) The subject of a criminal history record sealed
14 under this section or under other provisions of law, including
15 former s. 893.14, former s. 901.33, and former s. 943.058, may
16 lawfully deny or fail to acknowledge the arrests covered by
17 the sealed record, except when the subject of the record:
18 5. Is seeking to be employed or licensed by or to
19 contract with the Department of Children and Family Health and
20 Rehabilitative Services or the Department of Juvenile Justice
21 or to be employed or used by such contractor or licensee in a
22 sensitive position having direct contact with children, the
23 developmentally disabled, the aged, or the elderly as provided
24 in s. 39.076, s. 110.1127(3), s. 393.063(14), s. 394.4572(1),
25 s. 397.451, s. 402.302(3) 402.302(8), s. 402.313(3), s.
26 409.175(2)(i), s. 415.102(4), s. 415.103, or chapter 400; or
27 Section 10. This act shall take effect July 1, 1997.
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2 HOUSE SUMMARY
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Provides procedures and requirements to implement the
4 privatization of the prekindergarten early intervention
program, using a minimum of 25 percent of the school
5 district funds authorized for the program. Provides for
implementation of a sliding fee scale for families
6 receiving program services. Defines "evening child care"
and requires the Department of Children and Family
7 Services to develop minimum standards therefor. Provides
for calculation of a licensed child care facility's
8 required staff-to-children ratio for groups of children
of mixed age ranges over age 2. Requires level 2
9 background screening of nonrelated, nonregulated
caregivers receiving subsidies through the subsidized
10 child care program or other public funds. Provides for
implementation of market rate reimbursement for
11 subsidized child care within 6 months of completion of
the annual market rate survey. Requires the department
12 to establish certain minimum standards for licensed
family day care homes. See bill for details.
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