CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Sebesta moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (2) of section 110.151, Florida
18 Statutes, is amended to read:
19 110.151 State officers' and employees' child care
20 services.--
21 (2) Child care programs may be located in state-owned
22 office buildings, educational facilities and institutions,
23 custodial facilities and institutions, and, with the consent
24 of the President of the Senate and the Speaker of the House of
25 Representatives, in buildings or spaces used for legislative
26 activities. In addition, centers may be located in privately
27 owned buildings conveniently located to the place of
28 employment of those officers and employees to be served by the
29 centers. If a child care program is located in a state-owned
30 office building, educational facility or institution, or
31 custodial facility or institution, or in a privately owned
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SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 building leased by the state, a portion of the service
2 provider's rental fees for child care space may be waived by
3 the sponsoring agency in accordance with the rules of the
4 Department of Management Services. Additionally, the
5 sponsoring state agency may be responsible for the
6 maintenance, utilities, and other operating costs associated
7 with the physical facility of the child care center.
8 Section 2. Paragraph (zz) is added to subsection (5)
9 of section 212.08, Florida Statutes, 1998 Supplement, to read:
10 212.08 Sales, rental, use, consumption, distribution,
11 and storage tax; specified exemptions.--The sale at retail,
12 the rental, the use, the consumption, the distribution, and
13 the storage to be used or consumed in this state of the
14 following are hereby specifically exempt from the tax imposed
15 by this chapter.
16 (5) EXEMPTIONS; ACCOUNT OF USE.--
17 (zz) Educational materials, such as glue, paper,
18 paints, crayons, unique craft items, scissors, books, and
19 educational toys, purchased by a child care facility that
20 meets the standards delineated in s. 402.305, is licensed
21 under s. 402.308, holds a current Gold Seal Quality Care
22 designation pursuant to s. 402.281, and provides basic health
23 insurance to all employees are exempt from the taxes imposed
24 by this chapter. For purposes of this paragraph, the term
25 "basic health insurance" shall be defined and promulgated in
26 rules developed jointly by the Department of Children and
27 Family Services, the Agency for Health Care Administration,
28 and the Department of Insurance.
29
30 Exemptions provided to any entity by this subsection shall not
31 inure to any transaction otherwise taxable under this chapter
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SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 when payment is made by a representative or employee of such
2 entity by any means, including, but not limited to, cash,
3 check, or credit card even when that representative or
4 employee is subsequently reimbursed by such entity.
5 Section 3. Section 402.26, Florida Statutes, is
6 amended to read:
7 402.26 Child care; legislative intent.--
8 (1) The Legislature recognizes the critical importance
9 to the citizens of the state of both safety and quality in
10 child care. Child care in Florida is in the midst of
11 continuing change and development, driven by extraordinary
12 changes in demographics. Many parents with children under age
13 6 are employed outside the home. For the majority of
14 Florida's children, child care will be a common experience.
15 For many families, child care is an indispensable part of the
16 effort to meet basic economic obligations or to make economic
17 gains. State policy continues to recognize the changing
18 composition of the labor force and the need to respond to the
19 concerns of Florida's citizens as they enter the child care
20 market. In particular, the Legislature recognizes the need to
21 have more working parents employed in family-friendly
22 workplaces. In addition, the Legislature recognizes the
23 abilities of public and private employers to assist the
24 family's efforts to balance family care needs with employment
25 opportunities.
26 (2) The Legislature also recognizes the effects of
27 both safety and quality in child care in reducing the need for
28 special education, public assistance, and dependency programs
29 and in reducing the incidence of delinquency and educational
30 failure. In a budgetary context that spends billions of
31 dollars to address the aftermath of bad outcomes, safe,
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SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 quality child care is one area in which the often maligned
2 concept of cost-effective social intervention can be applied.
3 It is the intent of the Legislature, therefore, that state
4 policy should be firmly embedded in the recognition that child
5 care is a voluntary choice of the child's parents. For
6 parents who choose child care, it is the intent of the
7 Legislature to protect the health and welfare of children in
8 care.
9 (3) To protect the health and welfare of children, it
10 is the intent of the Legislature to develop a regulatory
11 framework that promotes the growth and stability of the child
12 care industry and facilitates the safe physical, intellectual,
13 motor, and social development of the child.
14 (4) It is also the intent of the Legislature to
15 promote the development of child care options in the private
16 sector and disseminate information that will assist the public
17 in determining appropriate child care options.
18 (5) It is the further intent of the Legislature to
19 provide and make accessible child care opportunities for
20 children at risk, economically disadvantaged children, and
21 other children traditionally disenfranchised from society. In
22 achieving this intent, the Legislature shall develop a
23 subsidized child care system, a range of child care options,
24 support services, and linkages with other programs to fully
25 meet the child care needs of this population.
26 (6) For the purpose of qualifying for an exemption
27 from ad valorem taxes pursuant to s. 196.198, it is the intent
28 of the Legislature that a child care facility that is licensed
29 under s. 402.305 or exempt from licensing under s. 402.316 and
30 that achieves Gold Seal Quality status under s. 402.281 be
31 considered an educational institution for purposes of s.
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SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 196.012(5).
2 Section 4. Subsection (2) of section 402.281, Florida
3 Statutes, is amended to read:
4 402.281 Gold Seal Quality Care program.--
5 (2) Child care facilities, large family child care
6 homes, or family day care homes that which are accredited by a
7 nationally recognized accrediting association whose standards
8 substantially meet or exceed the National Association for the
9 Education of Young Children (NAEYC), the National Association
10 of Family Child Care, and the National Early Childhood Program
11 Accreditation Commission shall receive a separate "Gold Seal
12 Quality Care" designation to operate as a gold seal child care
13 facility, large family child care home, or family day care
14 home.
15 Section 5. Subsection (1) of section 402.3015, Florida
16 Statutes, is amended to read:
17 402.3015 Subsidized child care program; purpose; fees;
18 contracts.--
19 (1) The purpose of the subsidized child care program
20 is to provide quality child care to enhance the development,
21 including language, cognitive, motor, social, and self-help
22 skills of children who are at risk of abuse or neglect and
23 children of low-income families, and to promote financial
24 self-sufficiency and life skills for the families of these
25 children, unless prohibited by federal law. Priority for
26 participation in the subsidized child care program shall be
27 accorded to children under 13 years of age who are:
28 (a) Determined to be at risk of abuse, neglect, or
29 exploitation and who are currently clients of the department's
30 Children and Families Services Program Office;
31 (b) Children at risk of welfare dependency, including
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Bill No. HB 869, 1st Eng.
Amendment No.
1 children of participants in the WAGES Program, children of
2 migrant farmworkers, children of teen parents, and children
3 from other families at risk of welfare dependency due to a
4 family income of less than 100 percent of the federal poverty
5 level; and
6 (c) Children of working families whose family income
7 is equal to or greater than 100 percent, but does not exceed
8 150 percent, of the federal poverty level; and.
9 (d) Children of working families enrolled in the Child
10 Care Executive Partnership Program whose family income does
11 not exceed 200 percent of the federal poverty level.
12 Section 6. Section 402.3016, Florida Statutes, is
13 created to read:
14 402.3016 Early Head Start collaboration grants.--
15 (1) Contingent upon specific appropriations, the
16 Department of Children and Family Services shall establish a
17 program to award collaboration grants to assist local agencies
18 in securing Early Head Start programs through Early Head Start
19 program federal grants. The collaboration grants shall provide
20 the required matching funds for public and private nonprofit
21 agencies that have been approved for Early Head Start program
22 federal grants.
23 (2) Public and private nonprofit agencies providing
24 Early Head Start programs applying for collaborative grants
25 must:
26 (a) Ensure quality performance by meeting the
27 requirements in the Head Start program performance standards
28 and other applicable rules and regulations;
29 (b) Ensure collaboration with other service providers
30 at the local level; and
31 (c) Ensure that a comprehensive array of health,
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Bill No. HB 869, 1st Eng.
Amendment No.
1 nutritional, and other services are provided to the program's
2 pregnant women and very young children, and their families.
3 (3) The department shall report to the Legislature on
4 an annual basis the number of agencies receiving Early Head
5 Start collaboration grants and the number of children served.
6 (4) The department may adopt rules as necessary for
7 the award of collaboration grants to competing agencies and
8 the administration of the collaboration grants program under
9 this section.
10 Section 7. Present subsections (8) through (15) of
11 section 402.302, Florida Statutes, 1998 Supplement, are
12 renumbered as subsections (9) through (16), respectively, and
13 a new subsection (8) is added to that section to read:
14 402.302 Definitions.--
15 (8) "Large family child care home" means an occupied
16 residence in which child care is regularly provided for
17 children from at least two unrelated families, which receives
18 a payment, fee, or grant for any of the children receiving
19 care, whether or not operated for profit, and which has at
20 least two full-time child care personnel on the premises
21 during the hours of operation. One of the two full-time child
22 care personnel must be the owner or occupant of the residence.
23 A large family child care home must first have operated as a
24 licensed family day care home for 2 years, with an operator
25 who has had a child development associate credential or its
26 equivalent for 1 year, before seeking licensure as a large
27 family child care home. A large family child care home shall
28 be allowed to provide care for one of the following groups of
29 children, which shall include those children under 12 years of
30 age who are related to the caregiver:
31 (a) A maximum of 8 children from birth to 24 months of
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Bill No. HB 869, 1st Eng.
Amendment No.
1 age.
2 (b) A maximum of 12 children, with no more than 4
3 children under 24 months of age.
4 Section 8. Section 402.3027, Florida Statutes, is
5 created to read:
6 402.3027 Observation and assessment of young children
7 in subsidized child care programs.--The Department of Children
8 and Family Services is directed to establish a system for the
9 behavioral observation and developmental assessment of young
10 children in subsidized child care programs, to assist in
11 determining appropriate developmental age level, the need for
12 formal developmental assessment, or the need to make referrals
13 for necessary early intervention programs and specialized
14 services.
15 (1) DEFINITIONS.--
16 (a) "Developmental assessment test" means a
17 standardized assessment test designed to identify normal child
18 development or developmental delays.
19 (b) "Developmental milestones" means behaviors that a
20 child should be exhibiting by a certain age in the cognitive,
21 physical/psychomotor, and social domains.
22 (c) "Developmental observation checklist" means a
23 behavioral observation instrument used to identify
24 developmental milestones.
25 (d) "Diagnostic assessments test" means a test
26 designed to identify children with specific special needs,
27 determine the nature of the problem, suggest the cause of the
28 problem, and propose remediation strategies.
29 (e) "School readiness tests" means tests designed to
30 assess a child's level of preparedness for an academic
31 program.
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Bill No. HB 869, 1st Eng.
Amendment No.
1 (2) PRINCIPLES.--In the development of a system for
2 the behavioral observation and developmental assessment of
3 young children in subsidized child care, the department shall
4 adhere to the following principles:
5 (a) Informed consent of the child's parent shall be
6 secured prior to all Level II and Level III assessments.
7 (b) All standardized tests used in early childhood
8 programs must be reliable and valid according to the technical
9 standards of test development.
10 (c) It is the responsibility of the program operator
11 and child care staff to be knowledgeable regarding child
12 development and the use of behavioral observation instruments.
13 (d) Standardized assessment tests and diagnostic
14 assessments tests shall only be administered by professional
15 and trained staff.
16 (e) Testing of young children must be conducted by
17 individuals who are knowledgeable about and sensitive to the
18 developmental needs of young children and are qualified to
19 administer tests.
20 (f) Parents shall be full partners in the assessment
21 process and parent training shall be made available.
22 (3) PROCEDURES.--The department shall implement the
23 following assessment procedures for all children in a
24 subsidized child care arrangement:
25 (a) Level I assessment.--
26 1. The purpose of Level I assessment is to identify
27 and monitor normal development or possible developmental
28 delay.
29 2. All children in care who are between the ages of 1
30 year and 4 years, inclusive, shall be screened every 6 months
31 using a department-approved developmental observation
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Bill No. HB 869, 1st Eng.
Amendment No.
1 checklist.
2 3. The results indicated by the checklist shall be
3 reviewed by the facility's child development associate or by
4 the community child care coordinating agency.
5 4. The department shall establish procedures to
6 provide feedback to parents regarding observed development and
7 activities, including parent training, to enhance the child's
8 cognitive, psychomotor, and social skills.
9 (b) Level II assessment.--
10 1. The purpose of Level II assessment is to determine
11 whether a delay identified in a Level I assessment can be
12 addressed by the child care facility or family day care home
13 or whether a special service or further assessment is needed.
14 2. Level II assessment shall be conducted by trained
15 professional staff.
16 3. The department shall establish procedures to:
17 a. Develop individualized learning plans for
18 implementation by the primary caregiver.
19 b. Adopt and offer a program of intensive language or
20 math activities provided by visiting specialist.
21 c. Adopt and offer a program of parent training and
22 home visits.
23 (c) Level III assessment.--When indicated by a Level
24 II assessment, the department shall establish procedures to
25 refer a child to Level III assessment providers such as
26 Florida Diagnostic and Learning Resource Services,
27 Medicaid/Early Periodic Screening, Diagnosis, and Testing
28 (EPSDT), Children's Medical Services, and other health
29 services, to determine eligibility for an early intervention
30 program.
31 Section 9. Paragraph (d) of subsection (2) of section
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Bill No. HB 869, 1st Eng.
Amendment No.
1 402.305, Florida Statutes, 1998 Supplement, is amended,
2 paragraph (f) is added to subsection (2), present subsections
3 (17) and (18) are renumbered as subsections (18) and (19),
4 respectively, and a new subsection (17) is added to that
5 section, to read:
6 402.305 Licensing standards; child care facilities.--
7 (2) PERSONNEL.--Minimum standards for child care
8 personnel shall include minimum requirements as to:
9 (d) Minimum staff training requirements for child care
10 personnel.
11 1. Such minimum standards for training shall ensure
12 that all child care personnel and operators of family day care
13 homes serving at-risk children in a subsidized child care
14 program pursuant to s. 402.3015 take an approved 40-clock-hour
15 30-clock-hour introductory course in child care, which course
16 covers at least the following topic areas:
17 a. State and local rules and regulations which govern
18 child care.
19 b. Health, safety, and nutrition.
20 c. Identifying and reporting child abuse and neglect.
21 d. Child development, including typical and atypical
22 language, cognitive, motor, social, and self-help skills
23 development.
24 e. Observation of developmental behaviors, including
25 using a checklist or other similar observation tools and
26 techniques to determine the child's developmental age level.
27 f.e. Specialized areas, as determined by the
28 department, for owner-operators and child care personnel of a
29 child care facility.
30
31 Within 90 days of employment, child care personnel shall begin
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Bill No. HB 869, 1st Eng.
Amendment No.
1 training to meet the training requirements and shall complete
2 such training within 1 year of the date on which the training
3 began. Exemption from all or a portion of the required
4 training shall be granted to child care personnel based upon
5 educational credentials or passage of competency examinations.
6 2. The introductory course in child care shall stress,
7 to the extent possible, an interdisciplinary approach to the
8 study of children.
9 3. On an annual basis in order to further their child
10 care skills and, if appropriate, administrative skills, child
11 care personnel who have fulfilled the requirements for the
12 child care training shall be required to take an additional
13 approved 8 clock hours of inservice training or an equivalent
14 as determined by the department.
15 4. Procedures for ensuring the training of qualified
16 child care professionals to provide training of child care
17 personnel, including onsite training, shall be included in the
18 minimum standards. It is recommended that the state community
19 child care coordination agencies (central agencies) be
20 contracted by the department to coordinate such training when
21 possible. Other district educational resources, such as
22 community colleges and vocational-technical programs, can be
23 designated in such areas where central agencies may not exist
24 or are determined not to have the capability to meet the
25 coordination requirements set forth by the department.
26 5. Training requirements shall not apply to certain
27 occasional or part-time support staff, including, but not
28 limited to, swimming instructors, piano teachers, dance
29 instructors, and gymnastics instructors.
30 6. The State Coordinating Council for Early Childhood
31 Services, in coordination with the department, shall evaluate
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Bill No. HB 869, 1st Eng.
Amendment No.
1 or contract for an evaluation for the general purpose of
2 determining the status of and means to improve staff training
3 requirements and testing procedures. The evaluation shall be
4 completed by October 1, 1992, and conducted every 2 years
5 thereafter. The evaluation shall include, but not be limited
6 to, determining the availability, quality, scope, and sources
7 of current staff training; determining the need for specialty
8 training; and determining ways to increase inservice training
9 and ways to increase the accessibility, quality, and
10 cost-effectiveness of current and proposed staff training. The
11 evaluation methodology shall include a reliable and valid
12 survey of child care personnel.
13 7. The child care operator shall be required to take
14 basic training in serving children with disabilities within 5
15 years after employment, either as a part of the introductory
16 training or the annual 8 hours of inservice training.
17 (f) By January 1, 2000, a credential for child care
18 facility directors. By January 1, 2003, the credential shall
19 be a required minimum standard for licensing.
20 (17) SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF
21 MILDLY ILL CHILDREN.--Minimum standards shall be developed by
22 the department, in conjunction with the Department of Health,
23 for specialized child care facilities for the care of mildly
24 ill children. The minimum standards shall address the
25 following areas: personnel requirements; staff-to-child
26 ratios; staff training and credentials; health and safety;
27 physical facility requirements, including square footage;
28 client eligibility, including a definition of "mildly ill
29 children"; sanitation and safety; admission and recordkeeping;
30 dispensing of medication; and a schedule of activities.
31 Section 10. Subsection (2) of section 402.3051,
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Bill No. HB 869, 1st Eng.
Amendment No.
1 Florida Statutes, is amended to read:
2 402.3051 Child care market rate reimbursement; child
3 care grants.--
4 (2) The department shall establish procedures to
5 reimburse licensed, exempt, or registered child care providers
6 who hold a Gold Seal Quality Care designation at the market
7 rate for child care services for children who are eligible to
8 receive subsidized child care; and licensed, exempt, or
9 registered child care providers at the prevailing market rate
10 for child care services for children who are eligible to
11 receive subsidized child care, unless prohibited by federal
12 law under s. 402.3015. The department shall establish
13 procedures to reimburse providers of unregulated child care at
14 not more than 50 percent of the market rate. The payment
15 system may not interfere with the parents' decision as to the
16 appropriate child care arrangement, regardless of the level of
17 available funding for child care. The child care program
18 assessment tool may not be used to determine reimbursement
19 rates.
20 Section 11. Paragraphs (b), (d), and (g) of subsection
21 (2) of section 402.3055, Florida Statutes, are amended to
22 read:
23 402.3055 Child care personnel requirements.--
24 (2) EXCLUSION FROM OWNING, OPERATING, OR BEING
25 EMPLOYED BY A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM;
26 HEARINGS PROVIDED.--
27 (b) When the department or the local licensing agency
28 has reasonable cause to believe that grounds for denial or
29 termination of employment exist, it shall notify, in writing,
30 the applicant, licensee, or other child care program and the
31 child care personnel affected, stating the specific record
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Bill No. HB 869, 1st Eng.
Amendment No.
1 which indicates noncompliance with the standards in s.
2 402.305(2)(1).
3 (d) When a local licensing agency is the agency
4 initiating the statement regarding noncompliance of an
5 employee with the standards contained in s. 402.305(2)(1), the
6 employee, applicant, licensee, or other child care program has
7 15 days from the time of written notification of the agency's
8 finding to make a written request for a hearing. If a request
9 for a hearing is not received in that time, the permanent
10 employee, applicant, licensee, or other child care program is
11 presumed to accept the finding.
12 (g) Refusal on the part of an applicant or licensee to
13 dismiss child care personnel who have been found to be in
14 noncompliance with personnel standards of s. 402.305(2)(1)
15 shall result in automatic denial or revocation of the license
16 in addition to any other remedies pursued by the department or
17 local licensing agency.
18 Section 12. Section 402.3018, Florida Statutes, is
19 created to read:
20 402.3018 Consultation to child care centers and family
21 day care homes regarding health, developmental, disability,
22 and special needs issues.--
23 (1) Contingent upon specific appropriations, the
24 department is directed to contract with the statewide resource
25 information and referral agency for a statewide toll-free
26 Warm-Line for the purpose of providing assistance and
27 consultation to child care centers and family day care homes
28 regarding health, developmental, disability, and special needs
29 issues of the children they are serving, particularly children
30 with disabilities and other special needs.
31 (2) The purpose of the Warm-Line is to provide advice
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Bill No. HB 869, 1st Eng.
Amendment No.
1 to child care personnel concerning strategies, curriculum, and
2 environmental adaptations that allow a child to derive maximum
3 benefit from the child care experience.
4 (3) The department shall inform child care centers and
5 family day care homes of the availability of this service, on
6 an annual basis.
7 (4) Contingent upon specific appropriations, the
8 department shall expand or contract for the expansion of the
9 Warm-Line from one statewide site to one Warm-Line site in
10 each child care resource and referral agency region.
11 (5) Each regional Warm-Line shall provide assistance
12 and consultation to child care centers and family day care
13 homes regarding health, developmental, disability, and special
14 needs issues of the children they are serving, particularly
15 children with disabilities and other special needs. Regional
16 Warm-Line staff shall provide onsite technical assistance,
17 when requested, to assist child care centers and family day
18 care homes with inquiries relative to the strategies,
19 curriculum, and environmental adaptations the child care
20 centers and family day care homes may need as they serve
21 children with disabilities and other special needs.
22 Section 13. Subsections (1) and (4) of section
23 402.313, Florida Statutes, are amended to read:
24 402.313 Family day care homes.--
25 (1) Family day care homes shall be licensed under this
26 act if they are presently being licensed under an existing
27 county licensing ordinance, if they are participating in the
28 subsidized child care program, or if the board of county
29 commissioners passes a resolution that family day care homes
30 be licensed. If no county authority exists for the licensing
31 of a family day care home, the department shall have the
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Bill No. HB 869, 1st Eng.
Amendment No.
1 authority to license family day care homes under contract for
2 the purchase-of-service system in the subsidized child care
3 program.
4 (a) If not subject to license, family day care homes
5 shall register annually with the department, providing the
6 following information:
7 1. The name and address of the home.,
8 2. The name of the operator.,
9 3. The number of children served.,
10 4. Proof of a written plan to provide at least one
11 other competent adult to be available to substitute for the
12 operator in an emergency. This plan shall include the name,
13 address, and telephone number of the designated substitute.,
14 5. Proof of screening and background checks.,
15 6. Proof of completion of the 30-hour 3-hour training
16 course, which shall include:
17 a. State and local rules and regulations that govern
18 child care.
19 b. Health, safety, and nutrition.
20 c. Identifying and reporting child abuse and neglect.
21 d. Child development, including typical and atypical
22 language development; and cognitive, motor, social, and
23 self-help skills development.
24 e. Observation of developmental behaviors, including
25 using a checklist or other similar observation tools and
26 techniques to determine a child's developmental level.
27 f. Specialized areas, as determined by the department,
28 for owner-operators of family day care homes. and
29 7. Proof that immunization records are kept current.
30 (b) The department or local licensing agency may
31 impose an administrative fine, not to exceed $100, for failure
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Bill No. HB 869, 1st Eng.
Amendment No.
1 to comply with licensure or registration requirements.
2 (c) A family day care home not participating in the
3 subsidized child care program may volunteer to be licensed
4 under the provisions of this act.
5 (d) The department may provide technical assistance to
6 counties and family day care home providers to enable counties
7 and family day care providers to achieve compliance with
8 family day care homes standards.
9 (4) Operators of family day care homes shall take an
10 approved 30-clock-hour 3-clock-hour introductory course in
11 child care. Family day care homes licensed or registered on
12 June 30, 1999, shall have until June 30, 2001, to comply with
13 this course requirement, except that the department shall
14 exempt family day care homes in this category that can
15 demonstrate that the operator has received at least 30 hours
16 of training. Family day care homes initially licensed or
17 registered on or after July 1, 1999, but before October 1,
18 1999, shall have until October 1, 1999, to comply with the
19 30-clock-hour course requirement. Family day care homes
20 initially licensed or registered on or after October 1, 1999,
21 must comply with the 30-clock-hour course requirement before
22 caring for children.
23 Section 14. Section 402.3131, Florida Statutes, is
24 created to read:
25 402.3131 Large family child care homes.--
26 (1) Large family child care homes shall be licensed
27 under this section.
28 (a) The department or local licensing agency may
29 impose an administrative fine, not to exceed $1,000, for
30 failure to comply with licensure requirements.
31 (b) A licensed family day care home must first have
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Bill No. HB 869, 1st Eng.
Amendment No.
1 operated for a minimum of 2 consecutive years, with an
2 operator who has had a child development associate credential
3 or its equivalent for 1 year, before seeking licensure as a
4 large family child care home.
5 (c) The department may provide technical assistance to
6 counties and family day care home providers to enable the
7 counties and providers to achieve compliance with minimum
8 standards for large family child care homes.
9 (2) Child care personnel in large family child care
10 homes shall be subject to the applicable screening provisions
11 contained in ss. 402.305(2) and 402.3055. For purposes of
12 screening child care personnel in large family child care
13 homes, the term "child care personnel" includes any member of
14 a large family child care home operator's family 12 years of
15 age or older, or any person 12 years of age or older residing
16 with the operator in the large family child care home. Members
17 of the operator's family, or persons residing with the
18 operator, who are between the ages of 12 years and 18 years,
19 inclusive, shall not be required to be fingerprinted, but
20 shall be screened for delinquency records.
21 (3) Operators of large family child care homes shall
22 take an approved 40-clock-hour introductory course in group
23 child care.
24 (4) The department shall prepare a brochure on large
25 family child care homes for distribution to the general
26 public.
27 (5) The department shall, by rule, establish minimum
28 standards for large family child care homes. The standards
29 shall include, at a minimum, requirements for staffing,
30 maintenance of immunization records, minimum health standards,
31 minimum safety standards, minimum square footage, and
19
12:05 PM 04/27/99 h0869c-20m0a
SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 enforcement of standards.
2 (6) Prior to being licensed by the department, large
3 family child care homes must be approved by the state or local
4 fire marshal in accordance with standards established for
5 child care facilities.
6 Section 15. Paragraph (a) of subsection (4) of section
7 943.0585, Florida Statutes, 1998 Supplement, is amended to
8 read:
9 943.0585 Court-ordered expunction of criminal history
10 records.--The courts of this state have jurisdiction over
11 their own procedures, including the maintenance, expunction,
12 and correction of judicial records containing criminal history
13 information to the extent such procedures are not inconsistent
14 with the conditions, responsibilities, and duties established
15 by this section. Any court of competent jurisdiction may
16 order a criminal justice agency to expunge the criminal
17 history record of a minor or an adult who complies with the
18 requirements of this section. The court shall not order a
19 criminal justice agency to expunge a criminal history record
20 until the person seeking to expunge a criminal history record
21 has applied for and received a certificate of eligibility for
22 expunction pursuant to subsection (2). A criminal history
23 record that relates to a violation of chapter 794, s. 800.04,
24 s. 817.034, s. 827.071, chapter 839, s. 893.135, or a
25 violation enumerated in s. 907.041 may not be expunged,
26 without regard to whether adjudication was withheld, if the
27 defendant was found guilty of or pled guilty or nolo
28 contendere to the offense, or if the defendant, as a minor,
29 was found to have committed, or pled guilty or nolo contendere
30 to committing, the offense as a delinquent act. The court may
31 only order expunction of a criminal history record pertaining
20
12:05 PM 04/27/99 h0869c-20m0a
SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 to one arrest or one incident of alleged criminal activity,
2 except as provided in this section. The court may, at its sole
3 discretion, order the expunction of a criminal history record
4 pertaining to more than one arrest if the additional arrests
5 directly relate to the original arrest. If the court intends
6 to order the expunction of records pertaining to such
7 additional arrests, such intent must be specified in the
8 order. A criminal justice agency may not expunge any record
9 pertaining to such additional arrests if the order to expunge
10 does not articulate the intention of the court to expunge a
11 record pertaining to more than one arrest. This section does
12 not prevent the court from ordering the expunction of only a
13 portion of a criminal history record pertaining to one arrest
14 or one incident of alleged criminal activity. Notwithstanding
15 any law to the contrary, a criminal justice agency may comply
16 with laws, court orders, and official requests of other
17 jurisdictions relating to expunction, correction, or
18 confidential handling of criminal history records or
19 information derived therefrom. This section does not confer
20 any right to the expunction of any criminal history record,
21 and any request for expunction of a criminal history record
22 may be denied at the sole discretion of the court.
23 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
24 criminal history record of a minor or an adult which is
25 ordered expunged by a court of competent jurisdiction pursuant
26 to this section must be physically destroyed or obliterated by
27 any criminal justice agency having custody of such record;
28 except that any criminal history record in the custody of the
29 department must be retained in all cases. A criminal history
30 record ordered expunged that is retained by the department is
31 confidential and exempt from the provisions of s. 119.07(1)
21
12:05 PM 04/27/99 h0869c-20m0a
SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 and s. 24(a), Art. I of the State Constitution and not
2 available to any person or entity except upon order of a court
3 of competent jurisdiction. A criminal justice agency may
4 retain a notation indicating compliance with an order to
5 expunge.
6 (a) The person who is the subject of a criminal
7 history record that is expunged under this section or under
8 other provisions of law, including former s. 893.14, former s.
9 901.33, and former s. 943.058, may lawfully deny or fail to
10 acknowledge the arrests covered by the expunged record, except
11 when the subject of the record:
12 1. Is a candidate for employment with a criminal
13 justice agency;
14 2. Is a defendant in a criminal prosecution;
15 3. Concurrently or subsequently petitions for relief
16 under this section or s. 943.059;
17 4. Is a candidate for admission to The Florida Bar;
18 5. Is seeking to be employed or licensed by or to
19 contract with the Department of Children and Family Services
20 or the Department of Juvenile Justice or to be employed or
21 used by such contractor or licensee in a sensitive position
22 having direct contact with children, the developmentally
23 disabled, the aged, or the elderly as provided in s.
24 110.1127(3), s. 393.063(14), s. 394.4572(1), s. 397.451, s.
25 402.302(3)(8), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
26 s. 415.1075(4), s. 985.407, or chapter 400; or
27 6. Is seeking to be employed or licensed by the Office
28 of Teacher Education, Certification, Staff Development, and
29 Professional Practices of the Department of Education, any
30 district school board, or any local governmental entity that
31 licenses child care facilities.
22
12:05 PM 04/27/99 h0869c-20m0a
SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 Section 16. Paragraph (a) of subsection (4) of section
2 943.059, Florida Statutes, 1998 Supplement, is amended to
3 read:
4 943.059 Court-ordered sealing of criminal history
5 records.--The courts of this state shall continue to have
6 jurisdiction over their own procedures, including the
7 maintenance, sealing, and correction of judicial records
8 containing criminal history information to the extent such
9 procedures are not inconsistent with the conditions,
10 responsibilities, and duties established by this section. Any
11 court of competent jurisdiction may order a criminal justice
12 agency to seal the criminal history record of a minor or an
13 adult who complies with the requirements of this section. The
14 court shall not order a criminal justice agency to seal a
15 criminal history record until the person seeking to seal a
16 criminal history record has applied for and received a
17 certificate of eligibility for sealing pursuant to subsection
18 (2). A criminal history record that relates to a violation of
19 chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,
20 s. 893.135, or a violation enumerated in s. 907.041 may not be
21 sealed, without regard to whether adjudication was withheld,
22 if the defendant was found guilty of or pled guilty or nolo
23 contendere to the offense, or if the defendant, as a minor,
24 was found to have committed or pled guilty or nolo contendere
25 to committing the offense as a delinquent act. The court may
26 only order sealing of a criminal history record pertaining to
27 one arrest or one incident of alleged criminal activity,
28 except as provided in this section. The court may, at its sole
29 discretion, order the sealing of a criminal history record
30 pertaining to more than one arrest if the additional arrests
31 directly relate to the original arrest. If the court intends
23
12:05 PM 04/27/99 h0869c-20m0a
SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 to order the sealing of records pertaining to such additional
2 arrests, such intent must be specified in the order. A
3 criminal justice agency may not seal any record pertaining to
4 such additional arrests if the order to seal does not
5 articulate the intention of the court to seal records
6 pertaining to more than one arrest. This section does not
7 prevent the court from ordering the sealing of only a portion
8 of a criminal history record pertaining to one arrest or one
9 incident of alleged criminal activity. Notwithstanding any law
10 to the contrary, a criminal justice agency may comply with
11 laws, court orders, and official requests of other
12 jurisdictions relating to sealing, correction, or confidential
13 handling of criminal history records or information derived
14 therefrom. This section does not confer any right to the
15 sealing of any criminal history record, and any request for
16 sealing a criminal history record may be denied at the sole
17 discretion of the court.
18 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
19 criminal history record of a minor or an adult which is
20 ordered sealed by a court of competent jurisdiction pursuant
21 to this section is confidential and exempt from the provisions
22 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
23 and is available only to the person who is the subject of the
24 record, to the subject's attorney, to criminal justice
25 agencies for their respective criminal justice purposes, or to
26 those entities set forth in subparagraphs (a)1., 4., 5., and
27 6. for their respective licensing and employment purposes.
28 (a) The subject of a criminal history record sealed
29 under this section or under other provisions of law, including
30 former s. 893.14, former s. 901.33, and former s. 943.058, may
31 lawfully deny or fail to acknowledge the arrests covered by
24
12:05 PM 04/27/99 h0869c-20m0a
SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 the sealed record, except when the subject of the record:
2 1. Is a candidate for employment with a criminal
3 justice agency;
4 2. Is a defendant in a criminal prosecution;
5 3. Concurrently or subsequently petitions for relief
6 under this section or s. 943.0585;
7 4. Is a candidate for admission to The Florida Bar;
8 5. Is seeking to be employed or licensed by or to
9 contract with the Department of Children and Family Services
10 or the Department of Juvenile Justice or to be employed or
11 used by such contractor or licensee in a sensitive position
12 having direct contact with children, the developmentally
13 disabled, the aged, or the elderly as provided in s.
14 110.1127(3), s. 393.063(14), s. 394.4572(1), s. 397.451, s.
15 402.302(3)(8), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
16 s. 415.103, s. 985.407, or chapter 400; or
17 6. Is seeking to be employed or licensed by the Office
18 of Teacher Education, Certification, Staff Development, and
19 Professional Practices of the Department of Education, any
20 district school board, or any local governmental entity which
21 licenses child care facilities.
22 Section 17. The Department of Insurance shall conduct
23 a study and report to the President of the Senate, the Speaker
24 of the House of Representatives, and the appropriate
25 substantive and fiscal committees of the Senate and House of
26 Representatives by January 31, 2000, regarding how to make
27 affordable health insurance available to the staff of child
28 care providers. The study shall include consideration of a
29 program for providing medical savings accounts.
30 Section 18. This act shall take effect July 1, 1999.
31
25
12:05 PM 04/27/99 h0869c-20m0a
SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
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; amending s. 212.08,
11 F.S.; providing a sales tax exemption for
12 educational materials purchased by child care
13 facilities, under certain conditions; amending
14 s. 402.281, F.S.; providing for Gold Seal
15 Quality Care designation for large family child
16 care homes; amending s. 402.3015, F.S.;
17 increasing the maximum family income for
18 participation in the subsidized child care
19 program; creating s. 402.3016, F.S.; providing
20 for Early Head Start collaboration grants,
21 contingent upon specific appropriations;
22 providing duties of the Department of Children
23 and Family Services; providing for rules;
24 amending s. 402.302, F.S.; defining the term
25 "large family child care home"; creating s.
26 402.3027, F.S.; directing the department to
27 establish a system for the behavioral
28 observation and developmental assessment of
29 young children in subsidized child care
30 programs; providing definitions; providing
31 principles and procedures; amending s. 402.305,
26
12:05 PM 04/27/99 h0869c-20m0a
SENATE AMENDMENT
Bill No. HB 869, 1st Eng.
Amendment No.
1 F.S.; revising minimum training requirements
2 for child care personnel; providing minimum
3 training requirements for child care facility
4 directors; providing for development of minimum
5 standards for specialized child care facilities
6 for mildly ill children; amending s. 402.3051,
7 F.S.; providing for child care market rate
8 reimbursement for child care providers who hold
9 a Gold Seal Quality Care designation; amending
10 ss. 402.3055, 943.0585, 943.059, F.S.;
11 conforming cross-references; creating s.
12 402.3108, F.S.; establishing a toll-free
13 telephone line to provide consultation to child
14 care centers and family day care homes,
15 contingent upon specific appropriations;
16 providing for contracts; amending s. 402.313,
17 F.S.; revising requirements relating to the
18 training course for operators of family day
19 care homes; providing a compliance schedule;
20 creating s. 402.3131, F.S.; providing for
21 licensure of large family child care homes;
22 providing a penalty; providing requirements and
23 standards; providing duties of the department;
24 providing for screening of certain persons;
25 providing for rules; requiring a report by the
26 Department of Insurance; providing an effective
27 date.
28
29
30
31
27
12:05 PM 04/27/99 h0869c-20m0a