Senate Bill sb1554c1
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Florida Senate - 2003 CS for SB 1554
By the Committee on Children and Families; and Senator Lynn
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1 A bill to be entitled
2 An act relating to the licensure of child care
3 homes and facilities; amending s. 402.310,
4 F.S.; authorizing the Department of Children
5 and Family Services or a local licensing agency
6 to deny, suspend, or revoke the license of a
7 child care facility, a licensed family day care
8 home, or a large family child care home and to
9 deny, suspend, or revoke the registration of a
10 family day care home following a violation of
11 certain laws or rules; amending s. 402.313,
12 F.S.; abolishing the authority of the
13 Department of Children and Family Services or a
14 local licensing agency to impose an
15 administrative fine for family day care homes;
16 requiring the department to establish minimum
17 safety standards for licensed family day care
18 homes; amending s. 402.3131, F.S.; abolishing
19 the authority of the Department of Children and
20 Family Services or a local licensing agency to
21 impose an administrative fine for large family
22 child care homes; providing an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Section 402.310, Florida Statutes, is
27 amended to read:
28 402.310 Disciplinary actions; hearings upon denial,
29 suspension, or revocation of license; administrative fines.--
30 (1)(a) The department or local licensing agency may
31 deny, suspend, or revoke a license of a child care facility, a
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Florida Senate - 2003 CS for SB 1554
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1 licensed family day care home, or a large family child care
2 home or the registration of a family day care home, or may
3 impose an administrative fine not to exceed $100 per
4 violation, per day, for the violation of any provision of ss.
5 402.301-402.319 or rules adopted thereunder. However, where
6 the violation could or does cause death or serious harm, the
7 department or local licensing agency may impose an
8 administrative fine, not to exceed $500 per violation per day.
9 (b) In determining the appropriate disciplinary action
10 to be taken for a violation as provided in paragraph (a), the
11 following factors shall be considered:
12 1. The severity of the violation, including the
13 probability that death or serious harm to the health or safety
14 of any person will result or has resulted, the severity of the
15 actual or potential harm, and the extent to which the
16 provisions of ss. 402.301-402.319 have been violated.
17 2. Actions taken by the licensee or registrant to
18 correct the violation or to remedy complaints.
19 3. Any previous violations of the licensee.
20 (2) When the department has reasonable cause to
21 believe that grounds for the denial, suspension, or revocation
22 of a license or registration or imposition of an
23 administrative fine exist, it shall determine the matter in
24 accordance with procedures prescribed in chapter 120. When
25 the local licensing agency has reasonable cause to believe
26 that grounds for the denial, suspension, or revocation of a
27 license or registration or imposition of an administrative
28 fine exist, it shall notify the applicant, registrant, or
29 licensee in writing, stating the grounds upon which the
30 license or registration is being denied, suspended, or revoked
31 or an administrative fine is being imposed. If the applicant,
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Florida Senate - 2003 CS for SB 1554
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1 registrant, or licensee makes no written request for a hearing
2 to the local licensing agency within 15 days after from
3 receipt of such notice, the license or registration shall be
4 deemed denied, suspended, or revoked or an administrative fine
5 shall be imposed.
6 (3) If a request for a hearing is made to the local
7 licensing agency, a hearing shall be held within 30 days and
8 shall be conducted by an individual designated by the county
9 commission.
10 (4) An applicant, registrant, or licensee shall have
11 the right to appeal a decision of the local licensing agency
12 to a representative of the department. Any required hearing
13 shall be held in the county in which the child care facility
14 is being operated or is to be established. The hearing shall
15 be conducted in accordance with the provisions of chapter 120.
16 Section 2. Paragraph (b) of subsection (1) of section
17 402.313, Florida Statutes is repealed, present paragraphs (c)
18 and (d) of that subsection are redesignated as paragraphs (b)
19 and (c), respectively, and subsection (10) of that section is
20 amended, to read:
21 402.313 Family day care homes.--
22 (1) Family day care homes shall be licensed under this
23 act if they are presently being licensed under an existing
24 county licensing ordinance, if they are participating in the
25 subsidized child care program, or if the board of county
26 commissioners passes a resolution that family day care homes
27 be licensed. If no county authority exists for the licensing
28 of a family day care home, the department shall have the
29 authority to license family day care homes under contract for
30 the purchase-of-service system in the subsidized child care
31 program.
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1 (b) The department or local licensing agency may
2 impose an administrative fine, not to exceed $100, for failure
3 to comply with licensure or registration requirements.
4 (10) The department shall, by rule, establish minimum
5 standards for family day care homes that are required to be
6 licensed by county licensing ordinance or county licensing
7 resolution or that voluntarily choose to be licensed. The
8 standards should include requirements for staffing, training,
9 maintenance of immunization records, minimum health and safety
10 standards, reduced standards for the regulation of child care
11 during evening hours by municipalities and counties, and
12 enforcement of standards.
13 Section 3. Paragraph (a) of subsection (1) of section
14 402.3131, Florida Statutes, is repealed, and present
15 paragraphs (b) and (c) of that section are redesignated as
16 paragraphs (a) and (b), respectively, 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 Section 4. This act shall take effect upon becoming a
24 law.
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Florida Senate - 2003 CS for SB 1554
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1554
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Repeals the provision for imposing an administrative fine
5 contained in the family day care home section of the statutes.
6 Repeals the provision for imposing an administrative fine
contained in the large family child care home section of the
7 statutes.
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