Senate Bill 1644c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 1644
By the Committee on Children, Families and Seniors and Senator
Rossin
300-2017-98
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 criteria for notification of
14 transfer of ownership; providing an effective
15 date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Subsections (1) and (5) of section 402.305,
20 Florida Statutes, are amended and subsection (18) is added to
21 that section to read:
22 402.305 Licensing standards; child care facilities.--
23 (1) LICENSING STANDARDS.--The department state shall
24 establish licensing standards that each licensed child care
25 facility must meet regardless of the origin or source of the
26 fees used to operate the facility or the type of children
27 served by the facility.
28 (a) Until October 1, 1992, a child care facility that
29 holds a valid license must meet the licensing requirements in
30 effect on July 1, 1991. Beginning October 1, 1992, all such
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 1644
300-2017-98
1 facilities must comply with the licensing standards
2 established in this section.
3 (a)(b) The standards shall be designed to address the
4 following areas:
5 1. The health, sanitation, safety, and adequate
6 physical surroundings for all children in child care.
7 2. The health and nutrition of all children in child
8 care.
9 3. The child development needs of all children in
10 child care.
11 (b)(c) All standards established under ss.
12 402.301-402.319 must be consistent with the rules adopted by
13 the State Fire Marshal for child care facilities. However, if
14 the facility is operated in a public school, the department
15 shall use the public school fire code, as provided in the
16 rules of the Department of Education, as the minimum standard
17 for firesafety.
18 (c)(d) The minimum standards for child care facilities
19 shall be adopted in the rules of the department and shall
20 address the areas delineated in this section. The department,
21 in adopting rules to establish minimum standards for child
22 care facilities, shall recognize that different age groups of
23 children may require different standards. The department may
24 adopt different minimum standards for facilities that serve
25 children in different age groups, including school-age
26 children.
27 (5) PHYSICAL FACILITIES.--Minimum standards shall
28 include requirements for building conditions, indoor play
29 space, outdoor play space, napping space, bathroom facilities,
30 food preparation facilities, outdoor equipment, and indoor
31 equipment. Because of the nature and duration of drop-in child
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 1644
300-2017-98
1 care, outdoor play space and outdoor equipment shall not be
2 required for licensure; however, if such play space and
3 equipment are provided, then the minimum standards shall apply
4 to drop-in child care. With respect to minimum standards for
5 physical facilities of a child care program that is operated
6 in a public school facility, the department shall adopt the
7 State Uniform Building Code for Public Educational Facilities
8 Construction as the minimum standards, regardless of the
9 operator of the program. The Legislature intends that if a
10 child care program is operated in a public school, the program
11 need not conform to standards for physical facilities other
12 than the standards adopted by the Commissioner of Education.
13 (18) TRANSFER OF OWNERSHIP.--
14 (a) One week prior to the transfer of ownership of a
15 child care facility or family day care home, the transferor
16 shall notify the parent or caretaker of each child of the
17 impending transfer.
18 (b) The department shall, by rule, establish methods
19 by which notice will be achieved and minimum standards by
20 which to implement this subsection.
21 Section 2. This act shall take effect July 1, 1998.
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23 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
24 Senate Bill 1644
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A section is added to s. 402.305, F.S., regarding
27 licensing standards, to require that parents be given
notice of a transfer of ownership of a child care
28 facility one week prior to that transfer and to direct
the Department of Children and Family Services to develop
29 rules.
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