HOUSE AMENDMENT
                                           Bill No. CS for SB 1128
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Lynn offered the following:
12  
13         Amendment (with title amendment) 
14         On page 2, between lines 26 and 27, of the bill
15  
16  insert:  
17         Section 2.  Paragraph (a) of subsection (1) of section
18  402.3055, Florida Statutes, is amended to read:
19         402.3055  Child care personnel requirements.--
20         (1)  REQUIREMENTS FOR CHILD CARE PERSONNEL.--
21         (a)  The department or local licensing agency shall
22  require that the application for a child care license contain
23  a question that specifically asks the applicant, owner, or
24  operator if he or she has ever had a license denied, revoked,
25  or suspended in any state or jurisdiction or has been the
26  subject of a disciplinary action or been fined while employed
27  in a child care facility. The applicant, owner, or operator
28  shall sign an affidavit attesting attest to the accuracy of
29  the information requested under penalty of perjury.
30         1.  If the applicant, owner, or operator admits that he
31  or she has been a party in such action, the department or
                                  1
    File original & 9 copies    05/03/01                          
    hbd0001                     02:44 pm         01128-0027-544985

HOUSE AMENDMENT Bill No. CS for SB 1128 Amendment No. ___ (for drafter's use only) 1 local licensing agency shall review the nature of the 2 suspension, revocation, disciplinary action, or fine before 3 granting the applicant a license to operate a child care 4 facility. 5 2. If the applicant, owner, or operator denies that he 6 or she has been a party in such action in Florida, the 7 department or local licensing agency shall validate the 8 information provided by reviewing statewide child care 9 licensing records to determine if the applicant has had a 10 license denied, revoked, or suspended or has been the subject 11 of a disciplinary action or been fined while employed in a 12 child care facility prior to issuing a license. 13 3. If the department or local licensing agency 14 determines as the result of such review that it is not in the 15 best interest of the state or local jurisdiction for the 16 applicant to be licensed, a license shall not be granted. 17 Section 3. Section 402.3105, Florida Statutes, is 18 created to read: 19 402.3105 Central database on violations, citations, 20 and penalties imposed against child care facilities.--The 21 Department of Children and Family Services shall establish and 22 maintain a central database to record and compile all district 23 information relating to violations, citations, and penalties 24 imposed against child care facilities regulated by the 25 department. The database shall be designed by the State 26 Technology Office, in consultation with the department 27 pursuant to chapter 282, and the department shall implement, 28 operate, and maintain the system in accordance with the 29 policies and procedures established by the office. The 30 database shall be operated in a manner that enables the 31 department to identify and locate such information for 2 File original & 9 copies 05/03/01 hbd0001 02:44 pm 01128-0027-544985
HOUSE AMENDMENT Bill No. CS for SB 1128 Amendment No. ___ (for drafter's use only) 1 purposes of monitoring and evaluating the uniformity and 2 effectiveness of district investigations and enforcement, in 3 order to ensure compliance of child care facilities with state 4 regulatory requirements. The database shall further maintain 5 and produce aggregate statistical reports monitoring patterns 6 of violations, citations, and penalties, including the classes 7 and types of violations, and any actions taken to suspend or 8 revoke the license of a child care facility. The information 9 in the database shall serve as a resource for the evaluation 10 of child care facilities for license renewal but may not be 11 used for employment screening. The information in the database 12 shall be made available to the public upon request. 13 Section 4. The Department of Children and Family 14 Services shall establish and impose uniform penalties for 15 violations of ss. 402.301-402.319, Florida Statutes, and rules 16 adopted thereunder. 17 Section 5. Upon the effective date of this act, the 18 Department of Children and Family Services shall implement the 19 provisions of this act relating to compilation, maintenance, 20 and availability of data, public access thereto, and uniform 21 penalties, and such implementation shall not be subject to an 22 appropriation. 23 Section 6. Subsection (9) of section 409.146, Florida 24 Statutes, is amended to read: 25 409.146 Children and families client and management 26 information system.-- 27 (9) The Department of Children and Family Services 28 shall provide an annual report to the Joint Information 29 Technology Resources Committee. The committee shall review the 30 report and shall forward the report, along with its comments, 31 to the appropriate substantive and appropriations committees 3 File original & 9 copies 05/03/01 hbd0001 02:44 pm 01128-0027-544985
HOUSE AMENDMENT Bill No. CS for SB 1128 Amendment No. ___ (for drafter's use only) 1 of the House of Representatives and the Senate delineating the 2 development status of the system and other information 3 necessary for funding and policy formulation. In developing 4 the system, the Department of Children and Family Services 5 shall consider and report on the availability of, and the 6 costs associated with using, existing software and systems, 7 including, but not limited to, those that are operational in 8 other states, to meet the requirements of this section. The 9 department shall also consider and report on the compatibility 10 of such existing software and systems with an integrated 11 management information system. The report shall be submitted 12 no later than December 1 of each year. 13 Section 7. Subsection (6) of section 402.301, Florida 14 Statutes, is amended to read: 15 402.301 Child care facilities; legislative intent and 16 declaration of purpose and policy.--It is the legislative 17 intent to protect the health, safety, and well-being of the 18 children of the state and to promote their emotional and 19 intellectual development and care. Toward that end: 20 (1) It is the purpose of ss. 402.301-402.319 to 21 establish statewide minimum standards for the care and 22 protection of children in child care facilities, to ensure 23 maintenance of these standards, and to approve county 24 administration and enforcement to regulate conditions in such 25 facilities through a program of licensing. 26 (2) It is the intent of the Legislature that all 27 owners, operators, and child care personnel shall be of good 28 moral character. 29 (3) It shall be the policy of the state to ensure 30 protection of children and to encourage child care providers 31 and parents to share responsibility for and to assist in the 4 File original & 9 copies 05/03/01 hbd0001 02:44 pm 01128-0027-544985
HOUSE AMENDMENT Bill No. CS for SB 1128 Amendment No. ___ (for drafter's use only) 1 improvement of child care programs. 2 (4) It shall be the policy of the state to promote 3 public and private employer initiatives to establish day care 4 services for their employees. 5 (5) It is the further legislative intent that the 6 freedom of religion of all citizens shall be inviolate. 7 Nothing in ss. 402.301-402.319 shall give any governmental 8 agency jurisdiction or authority to regulate, supervise, or in 9 any way be involved in any Sunday School, Sabbath School, or 10 religious services or any nursery service or other program 11 conducted during religious or church services primarily for 12 the convenience of those attending such services. 13 (6) It is further the intent that membership 14 organizations that do not provide child care for school-age 15 children for more than four hours per day, and are affiliated 16 with national organizations which do not provide child care, 17 whose primary purpose is providing activities that contribute 18 to the development of good character or good sportsmanship or 19 to the education or cultural development of minors in this 20 state, which charge only a nominal annual membership fee, 21 which are not for profit, and which are certified by their 22 national associations as being in compliance with the 23 association's minimum standards and procedures, shall not be 24 considered child care facilities and therefore, their 25 personnel shall not be required to be screened. Care for 26 children under the age of Kindergarten is considered child 27 care and is subject to the provisions of s. 402.301 through 28 402.19. 29 30 31 5 File original & 9 copies 05/03/01 hbd0001 02:44 pm 01128-0027-544985
HOUSE AMENDMENT Bill No. CS for SB 1128 Amendment No. ___ (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 16, 4 5 after the semicolon insert: 6 amending s. 402.3055, F.S.; requiring 7 validation of information provided by an 8 applicant for a child care facility license; 9 creating s. 402.3105, F.S.; requiring the 10 Department of Children and Family Services to 11 establish a database of information relating to 12 violations, citations, and penalties imposed 13 against child care facilities regulated by the 14 state; providing duties of the State Technology 15 Office; specifying database capabilities and 16 uses of information contained therein; 17 requiring the department to establish and 18 impose uniform penalties; providing that 19 implementation is not subject to an 20 appropriation; amending s. 409.146, F.S., 21 relating to children and families client and 22 management information; deleting obsolete 23 language; amending s. 402.301, F.S., specifying 24 which membership organizations are not 25 considered child care facilities; 26 27 28 29 30 31 6 File original & 9 copies 05/03/01 hbd0001 02:44 pm 01128-0027-544985