Senate Bill 1644

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    Florida Senate - 1998                                  SB 1644

    By Senator Rossin





    35-415A-98

  1                      A bill to be entitled

  2         An act relating to child care facilities;

  3         amending s. 402.305, F.S.; deleting obsolete

  4         provisions with respect to the licensure of

  5         child care facilities; authorizing the

  6         Department of Children and Family Services to

  7         adopt different standards for child care

  8         facilities that serve children of different

  9         ages; providing for the department to adopt the

10         state public school building code for any child

11         care program operated in a public school

12         facility, regardless of the operator of the

13         program; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsections (1) and (5) of section 402.305,

18  Florida Statutes, are amended to read:

19         402.305  Licensing standards; child care facilities.--

20         (1)  LICENSING STANDARDS.--The department state shall

21  establish licensing standards that each licensed child care

22  facility must meet regardless of the origin or source of the

23  fees used to operate the facility or the type of children

24  served by the facility.

25         (a)  Until October 1, 1992, a child care facility that

26  holds a valid license must meet the licensing requirements in

27  effect on July 1, 1991. Beginning October 1, 1992, all such

28  facilities must comply with the licensing standards

29  established in this section.

30         (a)(b)  The standards shall be designed to address the

31  following areas:

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    Florida Senate - 1998                                  SB 1644
    35-415A-98




  1         1.  The health, sanitation, safety, and adequate

  2  physical surroundings for all children in child care.

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

  4  care.

  5         3.  The child development needs of all children in

  6  child care.

  7         (b)(c)  All standards established under ss.

  8  402.301-402.319 must be consistent with the rules adopted by

  9  the State Fire Marshal for child care facilities. However, if

10  the facility is operated in a public school, the department

11  shall use the public school fire code, as provided in the

12  rules of the Department of Education, as the minimum standard

13  for firesafety.

14         (c)(d)  The minimum standards for child care facilities

15  shall be adopted in the rules of the department and shall

16  address the areas delineated in this section. The department,

17  in adopting rules to establish minimum standards for child

18  care facilities, shall recognize that different age groups of

19  children may require different standards. The department may

20  adopt different minimum standards for facilities that serve

21  children in different age groups, including school-age

22  children.

23         (5)  PHYSICAL FACILITIES.--Minimum standards shall

24  include requirements for building conditions, indoor play

25  space, outdoor play space, napping space, bathroom facilities,

26  food preparation facilities, outdoor equipment, and indoor

27  equipment. Because of the nature and duration of drop-in child

28  care, outdoor play space and outdoor equipment shall not be

29  required for licensure; however, if such play space and

30  equipment are provided, then the minimum standards shall apply

31  to drop-in child care. With respect to minimum standards for

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    Florida Senate - 1998                                  SB 1644
    35-415A-98




  1  physical facilities of a child care program that is operated

  2  in a public school facility, the department shall adopt the

  3  State Uniform Building Code for Public Educational Facilities

  4  Construction as the minimum standards, regardless of the

  5  operator of the program. The Legislature intends that if a

  6  child care program is operated in a public school, the program

  7  need not conform to standards for physical facilities other

  8  than the standards adopted by the Commissioner of Education.

  9         Section 2.  This act shall take effect July 1, 1998.

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12                          SENATE SUMMARY

13    Provides for the Department of Children and Family
      Services to adopt different licensing standards for child
14    care facilities that serve children of different ages,
      including school-age children. Provides for the
15    department to adopt the State Uniform Building Code for
      Public Educational Facilities Construction as the
16    standard for any child care program that is operated in a
      public school facility, regardless of the operator of the
17    program.

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