House Bill 3765c1

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    Florida House of Representatives - 1998             CS/HB 3765

        By the Committee on Children & Family Empowerment and
    Representative Sindler





  1                      A bill to be entitled

  2         An act relating to child care; amending s.

  3         402.302, F.S.; excluding licensed transient

  4         establishments from the definition of "child

  5         care facility"; amending s. 402.305, F.S.;

  6         deleting obsolete provisions with respect to

  7         the licensure of child care facilities;

  8         authorizing the Department of Children and

  9         Family Services to adopt different standards

10         for child care facilities that serve children

11         of different ages; providing for the department

12         to adopt the state public school building code

13         for any child care program for school-age

14         children operated in a public school facility,

15         regardless of the operator of the program;

16         providing criteria for notification of transfer

17         of ownership; amending s. 409.178, F.S.,

18         relating to the Child Care Executive

19         Partnership; conforming title of the

20         partnership program; revising membership of the

21         partnership; authorizing administration of

22         child care purchasing pool funds by the state

23         resource and referral agency; providing for

24         development of procedures for disbursement of

25         funds through the child care purchasing pools;

26         deleting references to pilot child care

27         purchasing pools; revising parent fee

28         requirements; providing an effective date.

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

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  1         Section 1.  Subsection (2) of section 402.302, Florida

  2  Statutes, is amended to read:

  3         402.302  Definitions.--

  4         (2)  "Child care facility" includes any child care

  5  center or child care arrangement which provides child care for

  6  more than five children unrelated to the operator and which

  7  receives a payment, fee, or grant for any of the children

  8  receiving care, wherever operated, and whether or not operated

  9  for profit.  The following are not included:

10         (a)  Public schools and nonpublic schools and their

11  integral programs, except as provided in s. 402.3025;

12         (b)  Summer camps having children in full-time

13  residence;

14         (c)  Summer day camps; and

15         (d)  Bible schools normally conducted during vacation

16  periods; and.

17         (e)  Operators of "transient establishments," as

18  defined in chapter 509, that provide child care services

19  solely for the guests of their establishment or resort,

20  provided all child care personnel of the establishment are

21  screened according to the level 2 screening requirements of

22  chapter 435.

23         Section 2.  Subsections (1) and (5) of section 402.305,

24  Florida Statutes, are amended and subsection (18) is added to

25  said section, to read:

26         402.305  Licensing standards; child care facilities.--

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

28  establish licensing standards that each licensed child care

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

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

31  served by the facility.

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

  2  holds a valid license must meet the licensing requirements in

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

  4  facilities must comply with the licensing standards

  5  established in this section.

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

  7  following areas:

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

  9  physical surroundings for all children in child care.

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

11  care.

12         3.  The child development needs of all children in

13  child care.

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

15  402.301-402.319 must be consistent with the rules adopted by

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

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

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

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

20  for firesafety.

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

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

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

24  in adopting rules to establish minimum standards for child

25  care facilities, shall recognize that different age groups of

26  children may require different standards. The department may

27  adopt different minimum standards for facilities that serve

28  children in different age groups, including school-age

29  children.

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

31  include requirements for building conditions, indoor play

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  1  space, outdoor play space, napping space, bathroom facilities,

  2  food preparation facilities, outdoor equipment, and indoor

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

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

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

  6  equipment are provided, then the minimum standards shall apply

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

  8  physical facilities of a child care program for school-age

  9  children that is operated in a public school facility, the

10  department shall adopt the State Uniform Building Code for

11  Public Educational Facilities Construction as the minimum

12  standards, regardless of the operator of the program.  The

13  Legislature intends that if a child care program for

14  school-age children is operated in a public school, the

15  program need not conform to standards for physical facilities

16  other than the standards adopted by the Commissioner of

17  Education.

18         (18)  TRANSFER OF OWNERSHIP.--

19         (a)  One week prior to the transfer of ownership of a

20  child care facility or family day care home, the transferor

21  shall notify the parent or caretaker of each child of the

22  impending transfer.

23         (b)  The department shall, by rule, establish methods

24  by which notice will be achieved and minimum standards by

25  which to implement this subsection.

26         Section 3.  Subsections (1), (3), (4), and (5) of

27  section 409.178, Florida Statutes, are amended to read:

28         409.178  Child Care Executive Partnership Act; findings

29  and intent; grant; limitation; rules.--

30         (1)  This section may be cited as the "Child Care

31  Executive Partnership Act."

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  1         (3)  There is created a body politic and corporate

  2  known as the Child Care Executive Partnership which shall

  3  establish and govern the Child Care Executive Partnership

  4  Program. The purpose of the Child Care Executive Partnership

  5  Program is to utilize state and federal funds as incentives

  6  for matching local funds derived from local governments,

  7  employers, charitable foundations, and other sources, so that

  8  Florida communities may create local flexible partnerships

  9  with employers. The Child Care Executive Partnership Program

10  funds shall be used at the discretion of local communities to

11  meet the needs of local communities in addressing the child

12  care needs of working parents. A child care purchasing pool

13  shall be developed with the state, federal, and local funds to

14  provide subsidies to low-income working parents who are

15  eligible for subsidized child care with a dollar-for-dollar

16  match from employers, local government, and other matching

17  contributions contributors. The funds used from the child care

18  purchasing pool must be used to supplement or extend the use

19  of existing public or private funds and may not be used to

20  supplant the maintenance of effort presently exerted by the

21  employer or other participant in the activity funded.

22         (4)  The Child Care Executive Partnership, staffed by

23  the department, shall consist of:

24         (a)  a representative of the Executive Office of the

25  Governor; and.

26         (b)  nine members of the corporate or child care

27  community, appointed by the Governor., to be known hereafter

28  as the "board."

29         (c)  One representative from each of the 10 Child Care

30  Partnership Program pilot purchasing pool counties established

31  by the board, known hereafter as the "oversight group."

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  1         (a)1.  Members of the board shall serve for a period of

  2  4 years, except that.

  3         2.  Members of the oversight group and the

  4  representative of the Executive Office of the Governor shall

  5  serve at the pleasure of the Governor.

  6         (b)3.  The Child Care Executive Partnership shall be

  7  chaired by a member chosen by a majority vote of the board and

  8  shall meet at least quarterly and at other times upon the call

  9  of the chair.

10         (c)4.  Members shall serve without compensation, but

11  may be reimbursed for per diem and travel expenses in

12  accordance with s. 112.061.

13         (d)5.  The Child Care Executive Partnership shall have

14  all the powers and authority, not explicitly prohibited by

15  statute, necessary to carry out and effectuate the purposes of

16  this section, as well as the functions, duties, and

17  responsibilities of the partnership, including, but not

18  limited to, the following:

19         1.a.  Assisting in the formulation and coordination of

20  the state's child care policy.

21         2.b.  Adopting an official seal.

22         3.c.  Soliciting, accepting, receiving, investing, and

23  expending funds from public or private sources.

24         4.d.  Contracting with public or private entities as

25  necessary.

26         5.e.  Approving an annual budget.

27         6.f.  Carrying forward any unexpended state

28  appropriations into succeeding fiscal years.

29         7.g.  Providing a report to the Governor, the Speaker

30  of the House of Representatives, and the President of the

31  Senate, on or before December 1 of each year.

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  1         (5)(a)  The Legislature shall annually determine the

  2  amount of state or federal low-income child care moneys which

  3  shall be used to create Child Care Executive Partnership

  4  Program child care purchasing pools in counties chosen by the

  5  board of the Child Care Executive Partnership through June 30,

  6  1998, provided that at least two of the counties have

  7  populations of no more than 300,000. After that date, The

  8  Legislature shall annually review the effectiveness of the

  9  child care purchasing pool program and reevaluate the

10  percentage of additional state or federal funds, if any, that

11  can be used for the program's expansion.

12         (b)  To ensure a seamless service delivery and ease of

13  access for families, the community coordinated child care

14  agencies or the state resource and referral agency shall

15  administer the child care purchasing pool funds.

16         (c)  The department, in conjunction with the Child Care

17  Executive Partnership, shall develop procedures for

18  disbursement of funds through the shall issue a request for

19  proposal for the operation of the pilot child care purchasing

20  pools. In order to be considered for funding, the community

21  coordinated child care agency or the statewide resource and

22  referral agency must commit to:

23         1.  Matching the state pilot purchasing pool funds on a

24  dollar-for-dollar basis; and

25         2.  Expending only those public funds which are matched

26  by employers, local government, and other matching

27  contributors who contribute to the pilot purchasing pool.

28  Parents shall also pay a fee, which shall be not less than the

29  amount identified in based upon the department's subsidized

30  child care sliding fee scale.

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  1         (d)  Each community coordinated child care agency shall

  2  be required to establish a community child care task force for

  3  each pilot child care purchasing pool. The task force must be

  4  composed of employers, parents, private child care providers,

  5  and one representative each from the district interagency

  6  coordinating council for children's services and the local

  7  children's services council, if they exist in the area of the

  8  pilot purchasing pool. The community coordinated child care

  9  agency is expected to recruit the task force members from

10  existing child care councils, commissions, or task forces

11  already operating in the area of a pilot purchasing pool. A

12  majority of the task force shall consist of employers.  Each

13  task force shall develop a plan for the use of child care

14  purchasing pool funds. The plan must show how many children

15  will be served by the pilot purchasing pool, how many will be

16  new to receiving child care services, and how the community

17  coordinated child care agency intends to attract new employers

18  and their employees to the program pilot project.

19         Section 4.  This act shall take effect upon becoming a

20  law.

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