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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 5                                           ORIGINAL STAMP BELOW
 6
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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
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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.
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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
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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
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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
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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
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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
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