CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Health & Human Services Appropriations

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Subsection (2) of section 110.151, Florida

19  Statutes, is amended to read:

20         110.151  State officers' and employees' child care

21  services.--

22         (2)  Child care programs may be located in state-owned

23  office buildings, educational facilities and institutions,

24  custodial facilities and institutions, and, with the consent

25  of the President of the Senate and the Speaker of the House of

26  Representatives, in buildings or spaces used for legislative

27  activities.  In addition, centers may be located in privately

28  owned buildings conveniently located to the place of

29  employment of those officers and employees to be served by the

30  centers.  If a child care program is located in a state-owned

31  office building, educational facility or institution, or

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  custodial facility or institution, or in a privately owned

 2  building leased by the state, a portion of the service

 3  provider's rental fees for child care space may be waived by

 4  the sponsoring agency in accordance with the rules of the

 5  Department of Management Services.  Additionally, the

 6  sponsoring state agency may be responsible for the

 7  maintenance, utilities, and other operating costs associated

 8  with the physical facility of the child care center.

 9         Section 2.  Section 196.095 is created to read:

10         196.095  Exemption for a licensed child care facility

11  operating in an enterprise zone.--

12         (1)  Any real estate used and owned as a child care

13  facility as defined in s. 402.302 which operates in an

14  enterprise zone pursuant to chapter 290 is exempt from

15  taxation.

16         (2)  To claim an enterprise zone child care property

17  tax exemption authorized by this section, a child care

18  facility must file an application under oath with the

19  governing body or enterprise zone development agency having

20  jurisdiction over the enterprise zone where the child care

21  center is located.  Within 10 working days after receipt of an

22  application, the governing body or enterprise zone development

23  agency shall review the application to determine if it

24  contains all the information required pursuant to this section

25  and meets the criteria set out in this section.  The governing

26  body or agency shall certify all applications that contain the

27  information required pursuant to this section and meet the

28  criteria set out in this section as eligible to receive an ad

29  valorem tax exemption.  The child care center shall be

30  responsible for forwarding all application materials to the

31  governing body or enterprise zone development agency.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1         (3)  The production by the child care facility operator

 2  of a current license by the Department of Children and Family

 3  Services or local licensing authority and certification by the

 4  governing body or enterprise zone where the child care center

 5  is located is prima facie evidence that the child care

 6  facility owner is entitled to such exemptions.

 7         Section 3.  Paragraph (zz) is added to subsection (5)

 8  of section 212.08, Florida Statutes, 1998 Supplement, to read:

 9         212.08  Sales, rental, use, consumption, distribution,

10  and storage tax; specified exemptions.--The sale at retail,

11  the rental, the use, the consumption, the distribution, and

12  the storage to be used or consumed in this state of the

13  following are hereby specifically exempt from the tax imposed

14  by this chapter.

15         (5)  EXEMPTIONS; ACCOUNT OF USE.--

16         (zz)  Educational materials, such as glue, paper,

17  paints, crayons, unique craft items, scissors, books, and

18  educational toys, purchased by a child care facility that

19  meets the standards delineated in s. 402.305, is licensed

20  under s. 402.308, holds a current Gold Seal Quality Care

21  designation pursuant to s. 402.281, and provides basic health

22  insurance to all employees are exempt from the taxes imposed

23  by this chapter. For purposes of this paragraph, the term

24  "basic health insurance" shall be defined and promulgated in

25  rules developed jointly by the Department of Children and

26  Family Services, the Agency for Health Care Administration,

27  and the Department of Insurance.

28

29  Exemptions provided to any entity by this subsection shall not

30  inure to any transaction otherwise taxable under this chapter

31  when payment is made by a representative or employee of such

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  entity by any means, including, but not limited to, cash,

 2  check, or credit card even when that representative or

 3  employee is subsequently reimbursed by such entity.

 4         Section 4.  Section 402.26, Florida Statutes, is

 5  amended to read:

 6         402.26  Child care; legislative intent.--

 7         (1)  The Legislature recognizes the critical importance

 8  to the citizens of the state of both safety and quality in

 9  child care.  Child care in Florida is in the midst of

10  continuing change and development, driven by extraordinary

11  changes in demographics. Many parents with children under age

12  6 are employed outside the home.  For the majority of

13  Florida's children, child care will be a common experience.

14  For many families, child care is an indispensable part of the

15  effort to meet basic economic obligations or to make economic

16  gains. State policy continues to recognize the changing

17  composition of the labor force and the need to respond to the

18  concerns of Florida's citizens as they enter the child care

19  market.  In particular, the Legislature recognizes the need to

20  have more working parents employed in family-friendly

21  workplaces. In addition, the Legislature recognizes the

22  abilities of public and private employers to assist the

23  family's efforts to balance family care needs with employment

24  opportunities.

25         (2)  The Legislature also recognizes the effects of

26  both safety and quality in child care in reducing the need for

27  special education, public assistance, and dependency programs

28  and in reducing the incidence of delinquency and educational

29  failure. In a budgetary context that spends billions of

30  dollars to address the aftermath of bad outcomes, safe,

31  quality child care is one area in which the often maligned

                                  4

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  concept of cost-effective social intervention can be applied.

 2  It is the intent of the Legislature, therefore, that state

 3  policy should be firmly embedded in the recognition that child

 4  care is a voluntary choice of the child's parents.  For

 5  parents who choose child care, it is the intent of the

 6  Legislature to protect the health and welfare of children in

 7  care.

 8         (3)  To protect the health and welfare of children, it

 9  is the intent of the Legislature to develop a regulatory

10  framework that promotes the growth and stability of the child

11  care industry and facilitates the safe physical, intellectual,

12  motor, and social development of the child.

13         (4)  It is also the intent of the Legislature to

14  promote the development of child care options in the private

15  sector and disseminate information that will assist the public

16  in determining appropriate child care options.

17         (5)  It is the further intent of the Legislature to

18  provide and make accessible child care opportunities for

19  children at risk, economically disadvantaged children, and

20  other children traditionally disenfranchised from society.  In

21  achieving this intent, the Legislature shall develop a

22  subsidized child care system, a range of child care options,

23  support services, and linkages with other programs to fully

24  meet the child care needs of this population.

25         (6)  It is the intent of the Legislature that a child

26  care facility licensed pursuant to s. 402.305 or a child care

27  facility exempt from licensing pursuant to s. 402.316, that

28  achieves Gold Seal Quality status pursuant to s. 402.281, be

29  considered an educational institution for the purpose of

30  qualifying for exemption from ad valorem tax pursuant to s.

31  196.198.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1         Section 5.  Subsection (2) of section 402.281, Florida

 2  Statutes, is amended to read:

 3         402.281  Gold Seal Quality Care program.--

 4         (2)  Child care facilities, large family child care

 5  homes, or family day care homes that which are accredited by a

 6  nationally recognized accrediting association whose standards

 7  substantially meet or exceed the National Association for the

 8  Education of Young Children (NAEYC), the National Association

 9  of Family Child Care, and the National Early Childhood Program

10  Accreditation Commission shall receive a separate "Gold Seal

11  Quality Care" designation to operate as a gold seal child care

12  facility, large family child care home, or family day care

13  home.

14         Section 6.  Subsection (1) of section 402.3015, Florida

15  Statutes, is amended to read:

16         402.3015  Subsidized child care program; purpose; fees;

17  contracts.--

18         (1)  The purpose of the subsidized child care program

19  is to provide quality child care to enhance the development,

20  including language, cognitive, motor, social, and self-help

21  skills of children who are at risk of abuse or neglect and

22  children of low-income families, and to promote financial

23  self-sufficiency and life skills for the families of these

24  children, unless prohibited by federal law. Priority for

25  participation in the subsidized child care program shall be

26  accorded to children under 13 years of age who are:

27         (a)  Determined to be at risk of abuse, neglect, or

28  exploitation and who are currently clients of the department's

29  Children and Families Services Program Office;

30         (b)  Children at risk of welfare dependency, including

31  children of participants in the WAGES Program, children of

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  migrant farmworkers, children of teen parents, and children

 2  from other families at risk of welfare dependency due to a

 3  family income of less than 100 percent of the federal poverty

 4  level; and

 5         (c)  Children of working families whose family income

 6  is equal to or greater than 100 percent, but does not exceed

 7  150 percent, of the federal poverty level; and.

 8         (d)  Children of working families enrolled in the Child

 9  Care Executive Partnership Program whose family income does

10  not exceed 200 percent of the federal poverty level.

11         Section 7.  Section 402.3016, Florida Statutes, is

12  created to read:

13         402.3016  Early Head Start collaboration grants.--

14         (1)  Contingent upon specific appropriations, the

15  Department of Children and Family Services shall establish a

16  program to award collaboration grants to assist local agencies

17  in securing Early Head Start programs through Early Head Start

18  program federal grants. The collaboration grants shall provide

19  the required matching funds for public and private nonprofit

20  agencies that have been approved for Early Head Start program

21  federal grants.

22         (2)  Public and private nonprofit agencies providing

23  Early Head Start programs applying for collaborative grants

24  must:

25         (a)  Ensure quality performance by meeting the

26  requirements in the Head Start program performance standards

27  and other applicable rules and regulations;

28         (b)  Ensure collaboration with other service providers

29  at the local level; and

30         (c)  Ensure that a comprehensive array of health,

31  nutritional, and other services are provided to the program's

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  pregnant women and very young children, and their families.

 2         (3)  The department shall report to the Legislature on

 3  an annual basis the number of agencies receiving Early Head

 4  Start collaboration grants and the number of children served.

 5         (4)  The department may adopt rules as necessary for

 6  the award of collaboration grants to competing agencies and

 7  the administration of the collaboration grants program under

 8  this section.

 9         Section 8.  Present subsections (8) through (15) of

10  section 402.302, Florida Statutes, 1998 Supplement, are

11  renumbered as subsections (9) through (16), respectively, and

12  a new subsection (8) is added to that section to read:

13         402.302  Definitions.--

14         (8)  "Large family child care home" means an occupied

15  residence in which child care is regularly provided for

16  children from at least two unrelated families, which receives

17  a payment, fee, or grant for any of the children receiving

18  care, whether or not operated for profit, and which has at

19  least two full-time child care personnel on the premises

20  during the hours of operation. One of the two full-time child

21  care personnel must be the owner or occupant of the residence.

22  A large family child care home must first have operated as a

23  licensed family day care home for 2 years, with an operator

24  who has had a child development associate credential or its

25  equivalent for 1 year, before seeking licensure as a large

26  family child care home. A large family child care home shall

27  be allowed to provide care for one of the following groups of

28  children, which shall include those children under 12 years of

29  age who are related to the caregiver:

30         (a)  A maximum of 8 children from birth to 24 months of

31  age.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1         (b)  A maximum of 12 children, with no more than 4

 2  children under 24 months of age.

 3         Section 9.  Section 402.3027, Florida Statutes, is

 4  created to read:

 5         402.3027  Observation and assessment of young children

 6  in subsidized child care programs.--The Department of Children

 7  and Family Services is directed to establish a system for the

 8  behavioral observation and developmental assessment of young

 9  children in subsidized child care programs, to assist in

10  determining appropriate developmental age level, the need for

11  formal developmental assessment, or the need to make referrals

12  for necessary early intervention programs and specialized

13  services.

14         (1)  DEFINITIONS.--

15         (a)  "Developmental assessment test" means a

16  standardized assessment test designed to identify normal child

17  development or developmental delays.

18         (b)  "Developmental milestones" means behaviors that a

19  child should be exhibiting by a certain age in the cognitive,

20  physical/psychomotor, and social domains.

21         (c)  "Developmental observation checklist" means a

22  behavioral observation instrument used to identify

23  developmental milestones.

24         (d)  "Diagnostic assessments test" means a test

25  designed to identify children with specific special needs,

26  determine the nature of the problem, suggest the cause of the

27  problem, and propose remediation strategies.

28         (e)  "School readiness tests" means tests designed to

29  assess a child's level of preparedness for an academic

30  program.

31         (2)  PRINCIPLES.--In the development of a system for

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  the behavioral observation and developmental assessment of

 2  young children in subsidized child care, the department shall

 3  adhere to the following principles:

 4         (a)  Informed consent of the child's parent shall be

 5  secured prior to all Level II and Level III assessments.

 6         (b)  All standardized tests used in early childhood

 7  programs must be reliable and valid according to the technical

 8  standards of test development.

 9         (c)  It is the responsibility of the program operator

10  and child care staff to be knowledgeable regarding child

11  development and the use of behavioral observation instruments.

12         (d)  Standardized assessment tests and diagnostic

13  assessments tests shall only be administered by professional

14  and trained staff.

15         (e)  Testing of young children must be conducted by

16  individuals who are knowledgeable about and sensitive to the

17  developmental needs of young children and are qualified to

18  administer tests.

19         (f)  Parents shall be full partners in the assessment

20  process and parent training shall be made available.

21         (3)  PROCEDURES.--The department shall implement the

22  following assessment procedures for all children in a

23  subsidized child care arrangement:

24         (a)  Level I assessment.--

25         1.  The purpose of Level I assessment is to identify

26  and monitor normal development or possible developmental

27  delay.

28         2.  All children in care who are between the ages of 1

29  year and 4 years, inclusive, shall be screened every 6 months

30  using a department-approved developmental observation

31  checklist.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1         3.  The results indicated by the checklist shall be

 2  reviewed by the facility's child development associate or by

 3  the community child care coordinating agency.

 4         4.  The department shall establish procedures to

 5  provide feedback to parents regarding observed development and

 6  activities, including parent training, to enhance the child's

 7  cognitive, psychomotor, and social skills.

 8         (b)  Level II assessment.--

 9         1.  The purpose of Level II assessment is to determine

10  whether a delay identified in a Level I assessment can be

11  addressed by the child care facility or family day care home

12  or whether a special service or further assessment is needed.

13         2.  Level II assessment shall be conducted by trained

14  professional staff.

15         3.  The department shall establish procedures to:

16         a.  Develop individualized learning plans for

17  implementation by the primary caregiver.

18         b.  Adopt and offer a program of intensive language or

19  math activities provided by visiting specialist.

20         c.  Adopt and offer a program of parent training and

21  home visits.

22         (c)  Level III assessment.--When indicated by a Level

23  II assessment, the department shall establish procedures to

24  refer a child to Level III assessment providers such as

25  Florida Diagnostic and Learning Resource Services,

26  Medicaid/Early Periodic Screening, Diagnosis, and Testing

27  (EPSDT), Children's Medical Services, and other health

28  services, to determine eligibility for an early intervention

29  program.

30         Section 10.  Paragraph (d) of subsection (2) of section

31  402.305, Florida Statutes, 1998 Supplement, is amended,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  paragraph (f) is added to subsection (2), present subsections

 2  (17) and (18) are renumbered as subsections (18) and (19),

 3  respectively, and a new subsection (17) is added to that

 4  section, to read:

 5         402.305  Licensing standards; child care facilities.--

 6         (2)  PERSONNEL.--Minimum standards for child care

 7  personnel shall include minimum requirements as to:

 8         (d)  Minimum staff training requirements for child care

 9  personnel.

10         1.  Such minimum standards for training shall ensure

11  that all child care personnel and operators of family day care

12  homes serving at-risk children in a subsidized child care

13  program pursuant to s. 402.3015 take an approved 40-clock-hour

14  30-clock-hour introductory course in child care, which course

15  covers at least the following topic areas:

16         a.  State and local rules and regulations which govern

17  child care.

18         b.  Health, safety, and nutrition.

19         c.  Identifying and reporting child abuse and neglect.

20         d.  Child development, including typical and atypical

21  language, cognitive, motor, social, and self-help skills

22  development.

23         e.  Observation of developmental behaviors, including

24  using a checklist or other similar observation tools and

25  techniques to determine the child's developmental age level.

26         f.e.  Specialized areas, as determined by the

27  department, for owner-operators and child care personnel of a

28  child care facility.

29

30  Within 90 days of employment, child care personnel shall begin

31  training to meet the training requirements and shall complete

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  such training within 1 year of the date on which the training

 2  began.  Exemption from all or a portion of the required

 3  training shall be granted to child care personnel based upon

 4  educational credentials or passage of competency examinations.

 5         2.  The introductory course in child care shall stress,

 6  to the extent possible, an interdisciplinary approach to the

 7  study of children.

 8         3.  On an annual basis in order to further their child

 9  care skills and, if appropriate, administrative skills, child

10  care personnel who have fulfilled the requirements for the

11  child care training shall be required to take an additional

12  approved 8 clock hours of inservice training or an equivalent

13  as determined by the department.

14         4.  Procedures for ensuring the training of qualified

15  child care professionals to provide training of child care

16  personnel, including onsite training, shall be included in the

17  minimum standards.  It is recommended that the state community

18  child care coordination agencies (central agencies) be

19  contracted by the department to coordinate such training when

20  possible. Other district educational resources, such as

21  community colleges and vocational-technical programs, can be

22  designated in such areas where central agencies may not exist

23  or are determined not to have the capability to meet the

24  coordination requirements set forth by the department.

25         5.  Training requirements shall not apply to certain

26  occasional or part-time support staff, including, but not

27  limited to, swimming instructors, piano teachers, dance

28  instructors, and gymnastics instructors.

29         6.  The State Coordinating Council for Early Childhood

30  Services, in coordination with the department, shall evaluate

31  or contract for an evaluation for the general purpose of

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  determining the status of and means to improve staff training

 2  requirements and testing procedures.  The evaluation shall be

 3  completed by October 1, 1992, and conducted every 2 years

 4  thereafter.  The evaluation shall include, but not be limited

 5  to, determining the availability, quality, scope, and sources

 6  of current staff training; determining the need for specialty

 7  training; and determining ways to increase inservice training

 8  and ways to increase the accessibility, quality, and

 9  cost-effectiveness of current and proposed staff training. The

10  evaluation methodology shall include a reliable and valid

11  survey of child care personnel.

12         7.  The child care operator shall be required to take

13  basic training in serving children with disabilities within 5

14  years after employment, either as a part of the introductory

15  training or the annual 8 hours of inservice training.

16         (f)  By January 1, 2000, a credential for child care

17  facility directors. By January 1, 2003, the credential shall

18  be a required minimum standard for licensing.

19         (17)  SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF

20  MILDLY ILL CHILDREN.--Minimum standards shall be developed by

21  the department, in conjunction with the Department of Health,

22  for specialized child care facilities for the care of mildly

23  ill children. The minimum standards shall address the

24  following areas:  personnel requirements; staff-to-child

25  ratios; staff training and credentials; health and safety;

26  physical facility requirements, including square footage;

27  client eligibility, including a definition of "mildly ill

28  children"; sanitation and safety; admission and recordkeeping;

29  dispensing of medication; and a schedule of activities.

30         Section 11.  Subsection (2) of section 402.3051,

31  Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1         402.3051  Child care market rate reimbursement; child

 2  care grants.--

 3         (2)  The department shall establish procedures to

 4  reimburse licensed, exempt, or registered child care providers

 5  who hold a Gold Seal Quality Care designation at the market

 6  rate for child care services for children who are eligible to

 7  receive subsidized child care; and licensed, exempt, or

 8  registered child care providers at the prevailing market rate

 9  for child care services for children who are eligible to

10  receive subsidized child care, unless prohibited by federal

11  law under s. 402.3015. The department shall establish

12  procedures to reimburse providers of unregulated child care at

13  not more than 50 percent of the market rate. The payment

14  system may not interfere with the parents' decision as to the

15  appropriate child care arrangement, regardless of the level of

16  available funding for child care. The child care program

17  assessment tool may not be used to determine reimbursement

18  rates.

19         Section 12.  Paragraphs (b), (d), and (g) of subsection

20  (2) of section 402.3055, Florida Statutes, are amended to

21  read:

22         402.3055  Child care personnel requirements.--

23         (2)  EXCLUSION FROM OWNING, OPERATING, OR BEING

24  EMPLOYED BY A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM;

25  HEARINGS PROVIDED.--

26         (b)  When the department or the local licensing agency

27  has reasonable cause to believe that grounds for denial or

28  termination of employment exist, it shall notify, in writing,

29  the applicant, licensee, or other child care program and the

30  child care personnel affected, stating the specific record

31  which indicates noncompliance with the standards in s.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  402.305(2)(1).

 2         (d)  When a local licensing agency is the agency

 3  initiating the statement regarding noncompliance of an

 4  employee with the standards contained in s. 402.305(2)(1), the

 5  employee, applicant, licensee, or other child care program has

 6  15 days from the time of written notification of the agency's

 7  finding to make a written request for a hearing.  If a request

 8  for a hearing is not received in that time, the permanent

 9  employee, applicant, licensee, or other child care program is

10  presumed to accept the finding.

11         (g)  Refusal on the part of an applicant or licensee to

12  dismiss child care personnel who have been found to be in

13  noncompliance with personnel standards of s. 402.305(2)(1)

14  shall result in automatic denial or revocation of the license

15  in addition to any other remedies pursued by the department or

16  local licensing agency.

17         Section 13.  Section 402.3018, Florida Statutes, is

18  created to read:

19         402.3018  Consultation to child care centers and family

20  day care homes regarding health, developmental, disability,

21  and special needs issues.--

22         (1)  Contingent upon specific appropriations, the

23  department is directed to contract with the statewide resource

24  information and referral agency for a statewide toll-free

25  Warm-Line for the purpose of providing assistance and

26  consultation to child care centers and family day care homes

27  regarding health, developmental, disability, and special needs

28  issues of the children they are serving, particularly children

29  with disabilities and other special needs.

30         (2)  The purpose of the Warm-Line is to provide advice

31  to child care personnel concerning strategies, curriculum, and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  environmental adaptations that allow a child to derive maximum

 2  benefit from the child care experience.

 3         (3)  The department shall inform child care centers and

 4  family day care homes of the availability of this service, on

 5  an annual basis.

 6         (4)  Contingent upon specific appropriations, the

 7  department shall expand or contract for the expansion of the

 8  Warm-Line from one statewide site to one Warm-Line site in

 9  each child care resource and referral agency region.

10         (5)  Each regional Warm-Line shall provide assistance

11  and consultation to child care centers and family day care

12  homes regarding health, developmental, disability, and special

13  needs issues of the children they are serving, particularly

14  children with disabilities and other special needs.  Regional

15  Warm-Line staff shall provide onsite technical assistance,

16  when requested, to assist child care centers and family day

17  care homes with inquiries relative to the strategies,

18  curriculum, and environmental adaptations the child care

19  centers and family day care homes may need as they serve

20  children with disabilities and other special needs.

21         Section 14.  Subsections (1) and (4) of section

22  402.313, Florida Statutes, are amended to read:

23         402.313  Family day care homes.--

24         (1)  Family day care homes shall be licensed under this

25  act if they are presently being licensed under an existing

26  county licensing ordinance, if they are participating in the

27  subsidized child care program, or if the board of county

28  commissioners passes a resolution that family day care homes

29  be licensed.  If no county authority exists for the licensing

30  of a family day care home, the department shall have the

31  authority to license family day care homes under contract for

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  the purchase-of-service system in the subsidized child care

 2  program.

 3         (a)  If not subject to license, family day care homes

 4  shall register annually with the department, providing the

 5  following information:

 6         1.  The name and address of the home.,

 7         2.  The name of the operator.,

 8         3.  The number of children served.,

 9         4.  Proof of a written plan to provide at least one

10  other competent adult to be available to substitute for the

11  operator in an emergency.  This plan shall include the name,

12  address, and telephone number of the designated substitute.,

13         5.  Proof of screening and background checks.,

14         6.  Proof of completion of the 30-hour 3-hour training

15  course, which shall include:

16         a.  State and local rules and regulations that govern

17  child care.

18         b.  Health, safety, and nutrition.

19         c.  Identifying and reporting child abuse and neglect.

20         d.  Child development, including typical and atypical

21  language development; and cognitive, motor, social, and

22  self-help skills development.

23         e.  Observation of developmental behaviors, including

24  using a checklist or other similar observation tools and

25  techniques to determine a child's developmental level.

26         f.  Specialized areas, as determined by the department,

27  for owner-operators of family day care homes. and

28         7.  Proof that immunization records are kept current.

29         (b)  The department or local licensing agency may

30  impose an administrative fine, not to exceed $100, for failure

31  to comply with licensure or registration requirements.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1         (c)  A family day care home not participating in the

 2  subsidized child care program may volunteer to be licensed

 3  under the provisions of this act.

 4         (d)  The department may provide technical assistance to

 5  counties and family day care home providers to enable counties

 6  and family day care providers to achieve compliance with

 7  family day care homes standards.

 8         (4)  Operators of family day care homes shall take an

 9  approved 30-clock-hour 3-clock-hour introductory course in

10  child care. Family day care homes licensed or registered on

11  June 30, 1999, shall have until June 30, 2001, to comply with

12  this course requirement, except that the department shall

13  exempt family day care homes in this category that can

14  demonstrate that the operator has received at least 30 hours

15  of training. Family day care homes initially licensed or

16  registered on or after July 1, 1999, but before October 1,

17  1999, shall have until October 1, 1999, to comply with the

18  30-clock-hour course requirement. Family day care homes

19  initially licensed or registered on or after October 1, 1999,

20  must comply with the 30-clock-hour course requirement before

21  caring for children.

22         Section 15.  Section 402.3131, Florida Statutes, is

23  created to read:

24         402.3131  Large family child care homes.--

25         (1)  Large family child care homes shall be licensed

26  under this section.

27         (a)  The department or local licensing agency may

28  impose an administrative fine, not to exceed $1,000, for

29  failure to comply with licensure requirements.

30         (b)  A licensed family day care home must first have

31  operated for a minimum of 2 consecutive years, with an

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  operator who has had a child development associate credential

 2  or its equivalent for 1 year, before seeking licensure as a

 3  large family child care home.

 4         (c)  The department may provide technical assistance to

 5  counties and family day care home providers to enable the

 6  counties and providers to achieve compliance with minimum

 7  standards for large family child care homes.

 8         (2)  Child care personnel in large family child care

 9  homes shall be subject to the applicable screening provisions

10  contained in ss. 402.305(2) and 402.3055. For purposes of

11  screening child care personnel in large family child care

12  homes, the term "child care personnel" includes any member of

13  a large family child care home operator's family 12 years of

14  age or older, or any person 12 years of age or older residing

15  with the operator in the large family child care home. Members

16  of the operator's family, or persons residing with the

17  operator, who are between the ages of 12 years and 18 years,

18  inclusive, shall not be required to be fingerprinted, but

19  shall be screened for delinquency records.

20         (3)  Operators of large family child care homes shall

21  take an approved 40-clock-hour introductory course in group

22  child care.

23         (4)  The department shall prepare a brochure on large

24  family child care homes for distribution to the general

25  public.

26         (5)  The department shall, by rule, establish minimum

27  standards for large family child care homes. The standards

28  shall include, at a minimum, requirements for staffing,

29  maintenance of immunization records, minimum health standards,

30  minimum safety standards, minimum square footage, and

31  enforcement of standards.

                                  20

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1         (6)  Prior to being licensed by the department, large

 2  family child care homes must be approved by the state or local

 3  fire marshal in accordance with standards established for

 4  child care facilities.

 5         Section 16.  Paragraph (a) of subsection (4) of section

 6  943.0585, Florida Statutes, 1998 Supplement, is amended to

 7  read:

 8         943.0585  Court-ordered expunction of criminal history

 9  records.--The courts of this state have jurisdiction over

10  their own procedures, including the maintenance, expunction,

11  and correction of judicial records containing criminal history

12  information to the extent such procedures are not inconsistent

13  with the conditions, responsibilities, and duties established

14  by this section.  Any court of competent jurisdiction may

15  order a criminal justice agency to expunge the criminal

16  history record of a minor or an adult who complies with the

17  requirements of this section.  The court shall not order a

18  criminal justice agency to expunge a criminal history record

19  until the person seeking to expunge a criminal history record

20  has applied for and received a certificate of eligibility for

21  expunction pursuant to subsection (2).  A criminal history

22  record that relates to a violation of chapter 794, s. 800.04,

23  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

24  violation enumerated in s. 907.041 may not be expunged,

25  without regard to whether adjudication was withheld, if the

26  defendant was found guilty of or pled guilty or nolo

27  contendere to the offense, or if the defendant, as a minor,

28  was found to have committed, or pled guilty or nolo contendere

29  to committing, the offense as a delinquent act. The court may

30  only order expunction of a criminal history record pertaining

31  to one arrest or one incident of alleged criminal activity,

                                  21

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  except as provided in this section. The court may, at its sole

 2  discretion, order the expunction of a criminal history record

 3  pertaining to more than one arrest if the additional arrests

 4  directly relate to the original arrest. If the court intends

 5  to order the expunction of records pertaining to such

 6  additional arrests, such intent must be specified in the

 7  order. A criminal justice agency may not expunge any record

 8  pertaining to such additional arrests if the order to expunge

 9  does not articulate the intention of the court to expunge a

10  record pertaining to more than one arrest. This section does

11  not prevent the court from ordering the expunction of only a

12  portion of a criminal history record pertaining to one arrest

13  or one incident of alleged criminal activity.  Notwithstanding

14  any law to the contrary, a criminal justice agency may comply

15  with laws, court orders, and official requests of other

16  jurisdictions relating to expunction, correction, or

17  confidential handling of criminal history records or

18  information derived therefrom.  This section does not confer

19  any right to the expunction of any criminal history record,

20  and any request for expunction of a criminal history record

21  may be denied at the sole discretion of the court.

22         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

23  criminal history record of a minor or an adult which is

24  ordered expunged by a court of competent jurisdiction pursuant

25  to this section must be physically destroyed or obliterated by

26  any criminal justice agency having custody of such record;

27  except that any criminal history record in the custody of the

28  department must be retained in all cases. A criminal history

29  record ordered expunged that is retained by the department is

30  confidential and exempt from the provisions of s. 119.07(1)

31  and s. 24(a), Art. I of the State Constitution and not

                                  22

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  available to any person or entity except upon order of a court

 2  of competent jurisdiction. A criminal justice agency may

 3  retain a notation indicating compliance with an order to

 4  expunge.

 5         (a)  The person who is the subject of a criminal

 6  history record that is expunged under this section or under

 7  other provisions of law, including former s. 893.14, former s.

 8  901.33, and former s. 943.058, may lawfully deny or fail to

 9  acknowledge the arrests covered by the expunged record, except

10  when the subject of the record:

11         1.  Is a candidate for employment with a criminal

12  justice agency;

13         2.  Is a defendant in a criminal prosecution;

14         3.  Concurrently or subsequently petitions for relief

15  under this section or s. 943.059;

16         4.  Is a candidate for admission to The Florida Bar;

17         5.  Is seeking to be employed or licensed by or to

18  contract with the Department of Children and Family Services

19  or the Department of Juvenile Justice or to be employed or

20  used by such contractor or licensee in a sensitive position

21  having direct contact with children, the developmentally

22  disabled, the aged, or the elderly as provided in s.

23  110.1127(3), s. 393.063(14), s. 394.4572(1), s. 397.451, s.

24  402.302(3)(8), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),

25  s. 415.1075(4), s. 985.407, or chapter 400; or

26         6.  Is seeking to be employed or licensed by the Office

27  of Teacher Education, Certification, Staff Development, and

28  Professional Practices of the Department of Education, any

29  district school board, or any local governmental entity that

30  licenses child care facilities.

31         Section 17.  Paragraph (a) of subsection (4) of section

                                  23

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  943.059, Florida Statutes, 1998 Supplement, is amended to

 2  read:

 3         943.059  Court-ordered sealing of criminal history

 4  records.--The courts of this state shall continue to have

 5  jurisdiction over their own procedures, including the

 6  maintenance, sealing, and correction of judicial records

 7  containing criminal history information to the extent such

 8  procedures are not inconsistent with the conditions,

 9  responsibilities, and duties established by this section.  Any

10  court of competent jurisdiction may order a criminal justice

11  agency to seal the criminal history record of a minor or an

12  adult who complies with the requirements of this section.  The

13  court shall not order a criminal justice agency to seal a

14  criminal history record until the person seeking to seal a

15  criminal history record has applied for and received a

16  certificate of eligibility for sealing pursuant to subsection

17  (2).  A criminal history record that relates to a violation of

18  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,

19  s. 893.135, or a violation enumerated in s. 907.041 may not be

20  sealed, without regard to whether adjudication was withheld,

21  if the defendant was found guilty of or pled guilty or nolo

22  contendere to the offense, or if the defendant, as a minor,

23  was found to have committed or pled guilty or nolo contendere

24  to committing the offense as a delinquent act.  The court may

25  only order sealing of a criminal history record pertaining to

26  one arrest or one incident of alleged criminal activity,

27  except as provided in this section. The court may, at its sole

28  discretion, order the sealing of a criminal history record

29  pertaining to more than one arrest if the additional arrests

30  directly relate to the original arrest.  If the court intends

31  to order the sealing of records pertaining to such additional

                                  24

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  arrests, such intent must be specified in the order.  A

 2  criminal justice agency may not seal any record pertaining to

 3  such additional arrests if the order to seal does not

 4  articulate the intention of the court to seal records

 5  pertaining to more than one arrest.  This section does not

 6  prevent the court from ordering the sealing of only a portion

 7  of a criminal history record pertaining to one arrest or one

 8  incident of alleged criminal activity. Notwithstanding any law

 9  to the contrary, a criminal justice agency may comply with

10  laws, court orders, and official requests of other

11  jurisdictions relating to sealing, correction, or confidential

12  handling of criminal history records or information derived

13  therefrom.  This section does not confer any right to the

14  sealing of any criminal history record, and any request for

15  sealing a criminal history record may be denied at the sole

16  discretion of the court.

17         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

18  criminal history record of a minor or an adult which is

19  ordered sealed by a court of competent jurisdiction pursuant

20  to this section is confidential and exempt from the provisions

21  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

22  and is available only to the person who is the subject of the

23  record, to the subject's attorney, to criminal justice

24  agencies for their respective criminal justice purposes, or to

25  those entities set forth in subparagraphs (a)1., 4., 5., and

26  6. for their respective licensing and employment purposes.

27         (a)  The subject of a criminal history record sealed

28  under this section or under other provisions of law, including

29  former s. 893.14, former s. 901.33, and former s. 943.058, may

30  lawfully deny or fail to acknowledge the arrests covered by

31  the sealed record, except when the subject of the record:

                                  25

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1         1.  Is a candidate for employment with a criminal

 2  justice agency;

 3         2.  Is a defendant in a criminal prosecution;

 4         3.  Concurrently or subsequently petitions for relief

 5  under this section or s. 943.0585;

 6         4.  Is a candidate for admission to The Florida Bar;

 7         5.  Is seeking to be employed or licensed by or to

 8  contract with the Department of Children and Family Services

 9  or the Department of Juvenile Justice or to be employed or

10  used by such contractor or licensee in a sensitive position

11  having direct contact with children, the developmentally

12  disabled, the aged, or the elderly as provided in s.

13  110.1127(3), s. 393.063(14), s. 394.4572(1), s. 397.451, s.

14  402.302(3)(8), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),

15  s. 415.103, s. 985.407, or chapter 400; or

16         6.  Is seeking to be employed or licensed by the Office

17  of Teacher Education, Certification, Staff Development, and

18  Professional Practices of the Department of Education, any

19  district school board, or any local governmental entity which

20  licenses child care facilities.

21         Section 18.  The Department of Insurance shall conduct

22  a study and report to the President of the Senate, the Speaker

23  of the House of Representatives, and the appropriate

24  substantive and fiscal committees of the Senate and the House

25  of Representatives, by January 31, 2000, regarding how to make

26  affordable health insurance available to the staff of child

27  care providers. The study shall include consideration of a

28  program for providing medical savings accounts.

29         Section 19.  This act shall take effect July 1, 1999.

30

31

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3  remove from the title of the bill:  the entire title

 4

 5  and insert in lieu thereof:

 6                      A bill to be entitled

 7         An act relating to child care; amending s.

 8         110.151, F.S.; modifying duties of state

 9         agencies regarding child care programs

10         sponsored by the agencies; creating s. 196.095,

11         F.S.; providing for a tax exemption for real

12         estate used and owned by a child care facility

13         operating in an enterprise zone; providing

14         procedures for application for the tax

15         exemption; amending s. 212.08, F.S.; providing

16         a sales tax exemption for educational materials

17         purchased by child care facilities, under

18         certain conditions; amending s. 402.26, F.S.;

19         providing legislative intent that certain

20         licensed child care facilities be considered an

21         educational institution for the purpose of

22         qualifying for exemption from ad valorem

23         taxation; amending s. 402.281, F.S.; providing

24         for Gold Seal Quality Care designation for

25         large family child care homes; amending s.

26         402.3015, F.S.; increasing the maximum family

27         income for participation in the subsidized

28         child care program; creating s. 402.3016, F.S.;

29         providing for Early Head Start collaboration

30         grants, contingent upon specific

31         appropriations; providing duties of the

                                  27

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1         Department of Children and Family Services;

 2         providing for rules; amending s. 402.302, F.S.;

 3         defining the term "large family child care

 4         home"; creating s. 402.3027, F.S.; directing

 5         the department to establish a system for the

 6         behavioral observation and developmental

 7         assessment of young children in subsidized

 8         child care programs; providing definitions;

 9         providing principles and procedures; amending

10         s. 402.305, F.S.; revising minimum training

11         requirements for child care personnel;

12         providing minimum training requirements for

13         child care facility directors; providing for

14         development of minimum standards for

15         specialized child care facilities for mildly

16         ill children; amending s. 402.3051, F.S.;

17         providing for child care market rate

18         reimbursement for child care providers who hold

19         a Gold Seal Quality Care designation; amending

20         ss. 402.3055, 943.0585, 943.059, F.S.;

21         conforming cross-references; creating s.

22         402.3108, F.S.; establishing a toll-free

23         telephone line to provide consultation to child

24         care centers and family day care homes,

25         contingent upon specific appropriations;

26         providing for contracts; amending s. 402.313,

27         F.S.; revising requirements relating to the

28         training course for operators of family day

29         care homes; providing a compliance schedule;

30         creating s. 402.3131, F.S.; providing for

31         licensure of large family child care homes;

                                  28

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 869

    Amendment No. 003 (for drafter's use only)





 1         providing a penalty; providing requirements and

 2         standards; providing duties of the department;

 3         providing for screening of certain persons;

 4         providing for rules; requiring the Department

 5         of Insurance to conduct a study on health

 6         insurance for child care provider staff;

 7         requiring a report; providing an effective

 8         date.

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

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