Senate Bill sb1554c1

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    Florida Senate - 2003                           CS for SB 1554

    By the Committee on Children and Families; and Senator Lynn





    300-2281-03

  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
    300-2281-03




 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
    300-2281-03




 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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    Florida Senate - 2003                           CS for SB 1554
    300-2281-03




 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
    300-2281-03




 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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