House Bill 0869e1

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                                           HB 869, First Engrossed



  1                      A bill to be entitled

  2         An act relating to child care; amending s.

  3         110.151, F.S.; modifying duties of state

  4         agencies regarding child care programs

  5         sponsored by the agencies; creating s. 196.095,

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

  7         estate used and owned by a child care facility

  8         operating in an enterprise zone; providing

  9         procedures for application for the tax

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

11         a sales tax exemption for educational materials

12         purchased by child care facilities, under

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

14         providing legislative intent that certain

15         licensed child care facilities be considered an

16         educational institution for the purpose of

17         qualifying for exemption from ad valorem

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

19         for Gold Seal Quality Care designation for

20         large family child care homes; amending s.

21         402.3015, F.S.; increasing the maximum family

22         income for participation in the subsidized

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

24         providing for Early Head Start collaboration

25         grants, contingent upon specific

26         appropriations; providing duties of the Florida

27         Partnership for School Readiness; providing for

28         rules; amending s. 402.302, F.S.; defining the

29         term "large family child care home"; creating

30         s. 402.3027, F.S.; directing the department to

31         establish a system for the behavioral


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                                           HB 869, First Engrossed



  1         observation and developmental assessment of

  2         young children in subsidized child care

  3         programs; providing definitions; providing

  4         principles and procedures; amending s. 402.305,

  5         F.S.; revising minimum training requirements

  6         for child care personnel; providing minimum

  7         training requirements for child care facility

  8         directors; providing for development of minimum

  9         standards for specialized child care facilities

10         for mildly ill children; amending s. 402.3051,

11         F.S.; providing for child care market rate

12         reimbursement for child care providers who hold

13         a Gold Seal Quality Care designation; amending

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

15         conforming cross-references; creating s.

16         402.3108, F.S.; establishing a toll-free

17         telephone line to provide consultation to child

18         care centers and family day care homes,

19         contingent upon specific appropriations;

20         providing for contracts; amending s. 402.313,

21         F.S.; revising requirements relating to the

22         training course for operators of family day

23         care homes; providing a compliance schedule;

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

25         licensure of large family child care homes;

26         providing a penalty; providing requirements and

27         standards; providing duties of the department;

28         providing for screening of certain persons;

29         providing for rules; requiring the Department

30         of Insurance to conduct a study on health

31         insurance for child care provider staff;


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                                           HB 869, First Engrossed



  1         requiring a report; providing an effective

  2         date.

  3

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

  5

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

  7  Statutes, is amended to read:

  8         110.151  State officers' and employees' child care

  9  services.--

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

11  office buildings, educational facilities and institutions,

12  custodial facilities and institutions, and, with the consent

13  of the President of the Senate and the Speaker of the House of

14  Representatives, in buildings or spaces used for legislative

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

16  owned buildings conveniently located to the place of

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

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

19  office building, educational facility or institution, or

20  custodial facility or institution, or in a privately owned

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

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

23  the sponsoring agency in accordance with the rules of the

24  Department of Management Services.  Additionally, the

25  sponsoring state agency may be responsible for the

26  maintenance, utilities, and other operating costs associated

27  with the physical facility of the child care center.

28         Section 2.  Section 196.095 is created to read:

29         196.095  Exemption for a licensed child care facility

30  operating in an enterprise zone.--

31


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                                           HB 869, First Engrossed



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

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

  3  enterprise zone pursuant to chapter 290 is exempt from

  4  taxation.

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

  6  tax exemption authorized by this section, a child care

  7  facility must file an application under oath with the

  8  governing body or enterprise zone development agency having

  9  jurisdiction over the enterprise zone where the child care

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

11  application, the governing body or enterprise zone development

12  agency shall review the application to determine if it

13  contains all the information required pursuant to this section

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

15  body or agency shall certify all applications that contain the

16  information required pursuant to this section and meet the

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

18  valorem tax exemption.  The child care center shall be

19  responsible for forwarding all application materials to the

20  governing body or enterprise zone development agency.

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

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

23  Services or local licensing authority and certification by the

24  governing body or enterprise zone where the child care center

25  is located is prima facie evidence that the child care

26  facility owner is entitled to such exemptions.

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

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

29         212.08  Sales, rental, use, consumption, distribution,

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

31  the rental, the use, the consumption, the distribution, and


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                                           HB 869, First Engrossed



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

  2  following are hereby specifically exempt from the tax imposed

  3  by this chapter.

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

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

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

  7  educational toys, purchased by a child care facility that

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

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

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

11  insurance to all employees are exempt from the taxes imposed

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

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

14  rules developed jointly by the Department of Children and

15  Family Services, the Agency for Health Care Administration,

16  and the Department of Insurance.

17

18  Exemptions provided to any entity by this subsection shall not

19  inure to any transaction otherwise taxable under this chapter

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

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

22  check, or credit card even when that representative or

23  employee is subsequently reimbursed by such entity.

24         Section 4.  Section 402.26, Florida Statutes, is

25  amended to read:

26         402.26  Child care; legislative intent.--

27         (1)  The Legislature recognizes the critical importance

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

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

30  continuing change and development, driven by extraordinary

31  changes in demographics. Many parents with children under age


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                                           HB 869, First Engrossed



  1  6 are employed outside the home.  For the majority of

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

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

  4  effort to meet basic economic obligations or to make economic

  5  gains. State policy continues to recognize the changing

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

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

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

  9  have more working parents employed in family-friendly

10  workplaces. In addition, the Legislature recognizes the

11  abilities of public and private employers to assist the

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

13  opportunities.

14         (2)  The Legislature also recognizes the effects of

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

16  special education, public assistance, and dependency programs

17  and in reducing the incidence of delinquency and educational

18  failure. In a budgetary context that spends billions of

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

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

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

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

23  policy should be firmly embedded in the recognition that child

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

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

26  Legislature to protect the health and welfare of children in

27  care.

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

29  is the intent of the Legislature to develop a regulatory

30  framework that promotes the growth and stability of the child

31


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                                           HB 869, First Engrossed



  1  care industry and facilitates the safe physical, intellectual,

  2  motor, and social development of the child.

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

  4  promote the development of child care options in the private

  5  sector and disseminate information that will assist the public

  6  in determining appropriate child care options.

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

  8  provide and make accessible child care opportunities for

  9  children at risk, economically disadvantaged children, and

10  other children traditionally disenfranchised from society.  In

11  achieving this intent, the Legislature shall develop a

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

13  support services, and linkages with other programs to fully

14  meet the child care needs of this population.

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

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

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

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

19  considered an educational institution for the purpose of

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

21  196.198.

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

23  Statutes, is amended to read:

24         402.281  Gold Seal Quality Care program.--

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

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

27  nationally recognized accrediting association whose standards

28  substantially meet or exceed the National Association for the

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

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

31  Accreditation Commission shall receive a separate "Gold Seal


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                                           HB 869, First Engrossed



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

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

  3  home.

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

  5  Statutes, is amended to read:

  6         402.3015  Subsidized child care program; purpose; fees;

  7  contracts.--

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

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

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

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

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

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

14  children, unless prohibited by federal law. Priority for

15  participation in the subsidized child care program shall be

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

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

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

19  Children and Families Services Program Office;

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

21  children of participants in the WAGES Program, children of

22  migrant farmworkers, children of teen parents, and children

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

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

25  level; and

26         (c)  Children of working families whose family income

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

28  150 percent, of the federal poverty level; and.

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

30  Care Executive Partnership Program whose family income does

31  not exceed 200 percent of the federal poverty level.


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                                           HB 869, First Engrossed



  1         Section 7.  Section 402.3016, Florida Statutes, is

  2  created to read:

  3         402.3016  Early Head Start collaboration grants.--

  4         (1)  Contingent upon specific appropriations, the

  5  Florida Partnership for School Readiness shall establish a

  6  program to award collaboration grants to assist local agencies

  7  in securing Early Head Start programs through Early Head Start

  8  program federal grants. The collaboration grants shall provide

  9  the required matching funds for public and private nonprofit

10  agencies that have been approved for Early Head Start program

11  federal grants.

12         (2)  Public and private nonprofit agencies providing

13  Early Head Start programs applying for collaborative grants

14  must:

15         (a)  Ensure quality performance by meeting the

16  requirements in the Head Start program performance standards

17  and other applicable rules and regulations;

18         (b)  Ensure collaboration with other service providers

19  at the local level; and

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

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

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

23         (3)  The partnership shall report to the Legislature on

24  an annual basis the number of agencies receiving Early Head

25  Start collaboration grants and the number of children served.

26         (4)  The partnership may adopt rules as necessary for

27  the award of collaboration grants to competing agencies and

28  the administration of the collaboration grants program under

29  this section.

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

31  section 402.302, Florida Statutes, 1998 Supplement, are


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                                           HB 869, First Engrossed



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

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

  3         402.302  Definitions.--

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

  5  residence in which child care is regularly provided for

  6  children from at least two unrelated families, which receives

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

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

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

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

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

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

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

14  who has had a child development associate credential or its

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

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

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

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

19  age who are related to the caregiver:

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

21  age.

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

23  children under 24 months of age.

24         Section 9.  Section 402.3027, Florida Statutes, is

25  created to read:

26         402.3027  Observation and assessment of young children

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

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

29  behavioral observation and developmental assessment of young

30  children in subsidized child care programs, to assist in

31  determining appropriate developmental age level, the need for


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                                           HB 869, First Engrossed



  1  formal developmental assessment, or the need to make referrals

  2  for necessary early intervention programs and specialized

  3  services.

  4         (1)  DEFINITIONS.--

  5         (a)  "Developmental assessment test" means a

  6  standardized assessment test designed to identify normal child

  7  development or developmental delays.

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

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

10  physical/psychomotor, and social domains.

11         (c)  "Developmental observation checklist" means a

12  behavioral observation instrument used to identify

13  developmental milestones.

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

15  designed to identify children with specific special needs,

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

17  problem, and propose remediation strategies.

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

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

20  program.

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

22  the behavioral observation and developmental assessment of

23  young children in subsidized child care, the department shall

24  adhere to the following principles:

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

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

27         (b)  All standardized tests used in early childhood

28  programs must be reliable and valid according to the technical

29  standards of test development.

30

31


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                                           HB 869, First Engrossed



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

  2  and child care staff to be knowledgeable regarding child

  3  development and the use of behavioral observation instruments.

  4         (d)  Standardized assessment tests and diagnostic

  5  assessments tests shall only be administered by professional

  6  and trained staff.

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

  8  individuals who are knowledgeable about and sensitive to the

  9  developmental needs of young children and are qualified to

10  administer tests.

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

12  process and parent training shall be made available.

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

14  following assessment procedures for all children in a

15  subsidized child care arrangement:

16         (a)  Level I assessment.--

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

18  and monitor normal development or possible developmental

19  delay.

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

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

22  using a department-approved developmental observation

23  checklist.

24         3.  The results indicated by the checklist shall be

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

26  the community child care coordinating agency.

27         4.  The department shall establish procedures to

28  provide feedback to parents regarding observed development and

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

30  cognitive, psychomotor, and social skills.

31         (b)  Level II assessment.--


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                                           HB 869, First Engrossed



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

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

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

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

  5         2.  Level II assessment shall be conducted by trained

  6  professional staff.

  7         3.  The department shall establish procedures to:

  8         a.  Develop individualized learning plans for

  9  implementation by the primary caregiver.

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

11  math activities provided by visiting specialist.

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

13  home visits.

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

15  II assessment, the department shall establish procedures to

16  refer a child to Level III assessment providers such as

17  Florida Diagnostic and Learning Resource Services,

18  Medicaid/Early Periodic Screening, Diagnosis, and Testing

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

20  services, to determine eligibility for an early intervention

21  program.

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

23  402.305, Florida Statutes, 1998 Supplement, is amended,

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

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

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

27  section, to read:

28         402.305  Licensing standards; child care facilities.--

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

30  personnel shall include minimum requirements as to:

31


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                                           HB 869, First Engrossed



  1         (d)  Minimum staff training requirements for child care

  2  personnel.

  3         1.  Such minimum standards for training shall ensure

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

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

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

  7  30-clock-hour introductory course in child care, which course

  8  covers at least the following topic areas:

  9         a.  State and local rules and regulations which govern

10  child care.

11         b.  Health, safety, and nutrition.

12         c.  Identifying and reporting child abuse and neglect.

13         d.  Child development, including typical and atypical

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

15  development.

16         e.  Observation of developmental behaviors, including

17  using a checklist or other similar observation tools and

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

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

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

21  child care facility.

22

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

24  training to meet the training requirements and shall complete

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

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

27  training shall be granted to child care personnel based upon

28  educational credentials or passage of competency examinations.

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

30  to the extent possible, an interdisciplinary approach to the

31  study of children.


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                                           HB 869, First Engrossed



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

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

  3  care personnel who have fulfilled the requirements for the

  4  child care training shall be required to take an additional

  5  approved 8 clock hours of inservice training or an equivalent

  6  as determined by the department.

  7         4.  Procedures for ensuring the training of qualified

  8  child care professionals to provide training of child care

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

10  minimum standards.  It is recommended that the state community

11  child care coordination agencies (central agencies) be

12  contracted by the department to coordinate such training when

13  possible. Other district educational resources, such as

14  community colleges and vocational-technical programs, can be

15  designated in such areas where central agencies may not exist

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

17  coordination requirements set forth by the department.

18         5.  Training requirements shall not apply to certain

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

20  limited to, swimming instructors, piano teachers, dance

21  instructors, and gymnastics instructors.

22         6.  The State Coordinating Council for Early Childhood

23  Services, in coordination with the department, shall evaluate

24  or contract for an evaluation for the general purpose of

25  determining the status of and means to improve staff training

26  requirements and testing procedures.  The evaluation shall be

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

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

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

30  of current staff training; determining the need for specialty

31  training; and determining ways to increase inservice training


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                                           HB 869, First Engrossed



  1  and ways to increase the accessibility, quality, and

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

  3  evaluation methodology shall include a reliable and valid

  4  survey of child care personnel.

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

  6  basic training in serving children with disabilities within 5

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

  8  training or the annual 8 hours of inservice training.

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

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

11  be a required minimum standard for licensing.

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

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

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

15  for specialized child care facilities for the care of mildly

16  ill children. The minimum standards shall address the

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

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

19  physical facility requirements, including square footage;

20  client eligibility, including a definition of "mildly ill

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

22  dispensing of medication; and a schedule of activities.

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

24  Florida Statutes, is amended to read:

25         402.3051  Child care market rate reimbursement; child

26  care grants.--

27         (2)  The department shall establish procedures to

28  reimburse licensed, exempt, or registered child care providers

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

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

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


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                                           HB 869, First Engrossed



  1  registered child care providers at the prevailing market rate

  2  for child care services for children who are eligible to

  3  receive subsidized child care, unless prohibited by federal

  4  law under s. 402.3015. The department shall establish

  5  procedures to reimburse providers of unregulated child care at

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

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

  8  appropriate child care arrangement, regardless of the level of

  9  available funding for child care. The child care program

10  assessment tool may not be used to determine reimbursement

11  rates.

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

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

14  read:

15         402.3055  Child care personnel requirements.--

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

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

18  HEARINGS PROVIDED.--

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

20  has reasonable cause to believe that grounds for denial or

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

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

23  child care personnel affected, stating the specific record

24  which indicates noncompliance with the standards in s.

25  402.305(2)(1).

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

27  initiating the statement regarding noncompliance of an

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

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

30  15 days from the time of written notification of the agency's

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


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                                           HB 869, First Engrossed



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

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

  3  presumed to accept the finding.

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

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

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

  7  shall result in automatic denial or revocation of the license

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

  9  local licensing agency.

10         Section 13.  Section 402.3018, Florida Statutes, is

11  created to read:

12         402.3018  Consultation to child care centers and family

13  day care homes regarding health, developmental, disability,

14  and special needs issues.--

15         (1)  Contingent upon specific appropriations, the

16  department is directed to contract with the statewide resource

17  information and referral agency for a statewide toll-free

18  Warm-Line for the purpose of providing assistance and

19  consultation to child care centers and family day care homes

20  regarding health, developmental, disability, and special needs

21  issues of the children they are serving, particularly children

22  with disabilities and other special needs.

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

24  to child care personnel concerning strategies, curriculum, and

25  environmental adaptations that allow a child to derive maximum

26  benefit from the child care experience.

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

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

29  an annual basis.

30         (4)  Contingent upon specific appropriations, the

31  department shall expand or contract for the expansion of the


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                                           HB 869, First Engrossed



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

  2  each child care resource and referral agency region.

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

  4  and consultation to child care centers and family day care

  5  homes regarding health, developmental, disability, and special

  6  needs issues of the children they are serving, particularly

  7  children with disabilities and other special needs.  Regional

  8  Warm-Line staff shall provide onsite technical assistance,

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

10  care homes with inquiries relative to the strategies,

11  curriculum, and environmental adaptations the child care

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

13  children with disabilities and other special needs.

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

15  402.313, Florida Statutes, are amended to read:

16         402.313  Family day care homes.--

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

18  act if they are presently being licensed under an existing

19  county licensing ordinance, if they are participating in the

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

21  commissioners passes a resolution that family day care homes

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

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

24  authority to license family day care homes under contract for

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

26  program.

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

28  shall register annually with the department, providing the

29  following information:

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

31         2.  The name of the operator.,


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                                           HB 869, First Engrossed



  1         3.  The number of children served.,

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

  3  other competent adult to be available to substitute for the

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

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

  6         5.  Proof of screening and background checks.,

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

  8  course, which shall include:

  9         a.  State and local rules and regulations that govern

10  child care.

11         b.  Health, safety, and nutrition.

12         c.  Identifying and reporting child abuse and neglect.

13         d.  Child development, including typical and atypical

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

15  self-help skills development.

16         e.  Observation of developmental behaviors, including

17  using a checklist or other similar observation tools and

18  techniques to determine a child's developmental level.

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

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

21         7.  Proof that immunization records are kept current.

22         (b)  The department or local licensing agency may

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

24  to comply with licensure or registration requirements.

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

26  subsidized child care program may volunteer to be licensed

27  under the provisions of this act.

28         (d)  The department may provide technical assistance to

29  counties and family day care home providers to enable counties

30  and family day care providers to achieve compliance with

31  family day care homes standards.


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                                           HB 869, First Engrossed



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

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

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

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

  5  this course requirement, except that the department shall

  6  exempt family day care homes in this category that can

  7  demonstrate that the operator has received at least 30 hours

  8  of training. Family day care homes initially licensed or

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

10  1999, shall have until October 1, 1999, to comply with the

11  30-clock-hour course requirement. Family day care homes

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

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

14  caring for children.

15         Section 15.  Section 402.3131, Florida Statutes, is

16  created to read:

17         402.3131  Large family child care homes.--

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

19  under this section.

20         (a)  The department or local licensing agency may

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

22  failure to comply with licensure requirements.

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

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

25  operator who has had a child development associate credential

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

27  large family child care home.

28         (c)  The department may provide technical assistance to

29  counties and family day care home providers to enable the

30  counties and providers to achieve compliance with minimum

31  standards for large family child care homes.


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                                           HB 869, First Engrossed



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

  2  homes shall be subject to the applicable screening provisions

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

  4  screening child care personnel in large family child care

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

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

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

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

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

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

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

12  shall be screened for delinquency records.

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

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

15  child care.

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

17  family child care homes for distribution to the general

18  public.

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

20  standards for large family child care homes. The standards

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

22  maintenance of immunization records, minimum health standards,

23  minimum safety standards, minimum square footage, and

24  enforcement of standards.

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

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

27  fire marshal in accordance with standards established for

28  child care facilities.

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

30  943.0585, Florida Statutes, 1998 Supplement, is amended to

31  read:


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                                           HB 869, First Engrossed



  1         943.0585  Court-ordered expunction of criminal history

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

  3  their own procedures, including the maintenance, expunction,

  4  and correction of judicial records containing criminal history

  5  information to the extent such procedures are not inconsistent

  6  with the conditions, responsibilities, and duties established

  7  by this section.  Any court of competent jurisdiction may

  8  order a criminal justice agency to expunge the criminal

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

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

11  criminal justice agency to expunge a criminal history record

12  until the person seeking to expunge a criminal history record

13  has applied for and received a certificate of eligibility for

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

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

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

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

18  without regard to whether adjudication was withheld, if the

19  defendant was found guilty of or pled guilty or nolo

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

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

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

23  only order expunction of a criminal history record pertaining

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

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

26  discretion, order the expunction of a criminal history record

27  pertaining to more than one arrest if the additional arrests

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

29  to order the expunction of records pertaining to such

30  additional arrests, such intent must be specified in the

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


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                                           HB 869, First Engrossed



  1  pertaining to such additional arrests if the order to expunge

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

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

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

  5  portion of a criminal history record pertaining to one arrest

  6  or one incident of alleged criminal activity.  Notwithstanding

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

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

  9  jurisdictions relating to expunction, correction, or

10  confidential handling of criminal history records or

11  information derived therefrom.  This section does not confer

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

13  and any request for expunction of a criminal history record

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

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

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

17  ordered expunged by a court of competent jurisdiction pursuant

18  to this section must be physically destroyed or obliterated by

19  any criminal justice agency having custody of such record;

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

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

22  record ordered expunged that is retained by the department is

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

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

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

26  of competent jurisdiction. A criminal justice agency may

27  retain a notation indicating compliance with an order to

28  expunge.

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

30  history record that is expunged under this section or under

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


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                                           HB 869, First Engrossed



  1  901.33, and former s. 943.058, may lawfully deny or fail to

  2  acknowledge the arrests covered by the expunged record, except

  3  when the subject of the record:

  4         1.  Is a candidate for employment with a criminal

  5  justice agency;

  6         2.  Is a defendant in a criminal prosecution;

  7         3.  Concurrently or subsequently petitions for relief

  8  under this section or s. 943.059;

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

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

11  contract with the Department of Children and Family Services

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

13  used by such contractor or licensee in a sensitive position

14  having direct contact with children, the developmentally

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

16  110.1127(3), s. 393.063(14), s. 394.4572(1), s. 397.451, s.

17  402.302(3)(8), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),

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

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

20  of Teacher Education, Certification, Staff Development, and

21  Professional Practices of the Department of Education, any

22  district school board, or any local governmental entity that

23  licenses child care facilities.

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

25  943.059, Florida Statutes, 1998 Supplement, is amended to

26  read:

27         943.059  Court-ordered sealing of criminal history

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

29  jurisdiction over their own procedures, including the

30  maintenance, sealing, and correction of judicial records

31  containing criminal history information to the extent such


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                                           HB 869, First Engrossed



  1  procedures are not inconsistent with the conditions,

  2  responsibilities, and duties established by this section.  Any

  3  court of competent jurisdiction may order a criminal justice

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

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

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

  7  criminal history record until the person seeking to seal a

  8  criminal history record has applied for and received a

  9  certificate of eligibility for sealing pursuant to subsection

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

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

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

13  sealed, without regard to whether adjudication was withheld,

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

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

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

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

18  only order sealing of a criminal history record pertaining to

19  one arrest or one incident of alleged criminal activity,

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

21  discretion, order the sealing of a criminal history record

22  pertaining to more than one arrest if the additional arrests

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

24  to order the sealing of records pertaining to such additional

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

26  criminal justice agency may not seal any record pertaining to

27  such additional arrests if the order to seal does not

28  articulate the intention of the court to seal records

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

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

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


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                                           HB 869, First Engrossed



  1  incident of alleged criminal activity. Notwithstanding any law

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

  3  laws, court orders, and official requests of other

  4  jurisdictions relating to sealing, correction, or confidential

  5  handling of criminal history records or information derived

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

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

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

  9  discretion of the court.

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

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

12  ordered sealed by a court of competent jurisdiction pursuant

13  to this section is confidential and exempt from the provisions

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

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

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

17  agencies for their respective criminal justice purposes, or to

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

19  6. for their respective licensing and employment purposes.

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

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

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

23  lawfully deny or fail to acknowledge the arrests covered by

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

25         1.  Is a candidate for employment with a criminal

26  justice agency;

27         2.  Is a defendant in a criminal prosecution;

28         3.  Concurrently or subsequently petitions for relief

29  under this section or s. 943.0585;

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

31


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                                           HB 869, First Engrossed



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

  2  contract with the Department of Children and Family Services

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

  4  used by such contractor or licensee in a sensitive position

  5  having direct contact with children, the developmentally

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

  7  110.1127(3), s. 393.063(14), s. 394.4572(1), s. 397.451, s.

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

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

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

11  of Teacher Education, Certification, Staff Development, and

12  Professional Practices of the Department of Education, any

13  district school board, or any local governmental entity which

14  licenses child care facilities.

15         Section 18.  The Department of Insurance shall conduct

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

17  of the House of Representatives, and the appropriate

18  substantive and fiscal committees of the Senate and the House

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

20  affordable health insurance available to the staff of child

21  care providers. The study shall include consideration of a

22  program for providing medical savings accounts.

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

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