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.

16

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

18

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

31

                                  1

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

                                  2

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.

22

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                         Senate Bill 1644

25

26
         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.

30

31

                                  3