Senate Bill sb2446c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2446
By the Committee on Children and Families; and Senator
Wasserman Schultz
300-2408-03
1 A bill to be entitled
2 An act relating to child care; amending s.
3 402.305, F.S.; revising inservice training
4 requirements for child care personnel;
5 requiring training in early literacy and
6 language development; amending s. 402.312,
7 F.S.; providing grounds for injunctive relief
8 against family day care homes or large family
9 child care homes; providing penalties; amending
10 s. 402.313, F.S.; requiring annual training and
11 an annual health and safety home inspection
12 self-evaluation by family day care home
13 operators; requiring training in early literacy
14 and language development; amending s. 402.3131,
15 F.S.; requiring annual training of operators of
16 large family child care homes; requiring
17 training in early literacy and language
18 development; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (d) of subsection (2) of section
23 402.305, Florida Statutes, is amended to read:
24 402.305 Licensing standards; child care facilities.--
25 (2) PERSONNEL.--Minimum standards for child care
26 personnel shall include minimum requirements as to:
27 (d) Minimum training requirements for child care
28 personnel.
29 1. Such minimum standards for training shall ensure
30 that all child care personnel take an approved 40-clock-hour
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2446
300-2408-03
1 introductory course in child care, which course covers at
2 least the following topic areas:
3 a. State and local rules and regulations which govern
4 child care.
5 b. Health, safety, and nutrition.
6 c. Identifying and reporting child abuse and neglect.
7 d. Child development, including typical and atypical
8 language, cognitive, motor, social, and self-help skills
9 development.
10 e. Observation of developmental behaviors, including
11 using a checklist or other similar observation tools and
12 techniques to determine the child's developmental age level.
13 f. Specialized areas, including computer technology
14 for professional and classroom use and early literacy and
15 language development of children from birth to 5 years of age,
16 as determined by the department, for owner-operators and child
17 care personnel of a child care facility.
18
19 Within 90 days after employment, child care personnel shall
20 begin training to meet the training requirements. Child care
21 personnel shall successfully complete such training within 1
22 year after the date on which the training began, as evidenced
23 by passage of a competency examination. Successful completion
24 of the 40-clock-hour introductory course shall articulate into
25 community college credit in early childhood education,
26 pursuant to ss. 1007.24 and 1007.25. Exemption from all or a
27 portion of the required training shall be granted to child
28 care personnel based upon educational credentials or passage
29 of competency examinations. Child care personnel possessing a
30 2-year degree or higher that includes 6 college credit hours
31 in early childhood development or child growth and
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2446
300-2408-03
1 development, or a child development associate credential or an
2 equivalent state-approved child development associate
3 credential, or a child development associate waiver
4 certificate shall be automatically exempted from the training
5 requirements in sub-subparagraphs b., d., and e.
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 1
13 continuing education unit approved 8 clock hours of approved
14 inservice training, or 10 clock hours of an equivalent
15 training, as determined by the department.
16 4. Child care personnel shall be required to complete
17 0.5 continuing education unit of approved training or 5 clock
18 hours of equivalent training, as determined by the department,
19 in early literacy and language development of children from
20 birth to 5 years of age one time. The year that this training
21 is completed, it shall fulfill the 0.5 continuing education
22 unit or 5 clock hours of the annual training required in
23 subparagraph 3.
24 5.4. Procedures for ensuring the training of qualified
25 child care professionals to provide training of child care
26 personnel, including onsite training, shall be included in the
27 minimum standards. It is recommended that the state community
28 child care coordination agencies (central agencies) be
29 contracted by the department to coordinate such training when
30 possible. Other district educational resources, such as
31 community colleges and vocational-technical programs, can be
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2446
300-2408-03
1 designated in such areas where central agencies may not exist
2 or are determined not to have the capability to meet the
3 coordination requirements set forth by the department.
4 6.5. Training requirements shall not apply to certain
5 occasional or part-time support staff, including, but not
6 limited to, swimming instructors, piano teachers, dance
7 instructors, and gymnastics instructors.
8 7.6. The department shall evaluate or contract for an
9 evaluation for the general purpose of determining the status
10 of and means to improve staff training requirements and
11 testing procedures. The evaluation shall be conducted every 2
12 years. The evaluation shall include, but not be limited to,
13 determining the availability, quality, scope, and sources of
14 current staff training; determining the need for specialty
15 training; and determining ways to increase inservice training
16 and ways to increase the accessibility, quality, and
17 cost-effectiveness of current and proposed staff training. The
18 evaluation methodology shall include a reliable and valid
19 survey of child care personnel.
20 8.7. The child care operator shall be required to take
21 basic training in serving children with disabilities within 5
22 years after employment, either as a part of the introductory
23 training or the annual 8 hours of inservice training.
24 Section 2. Section 402.312, Florida Statutes, is
25 amended to read:
26 402.312 License required; injunctive relief.--
27 (1) The operation of a child care facility without a
28 license, a family day care home without a license or
29 registration, or a large family child care home without a
30 license is prohibited. If the department or the local
31 licensing agency discovers that a child care facility is being
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2446
300-2408-03
1 operated without a license, a family care care home is being
2 operated without a license or registration, or a large family
3 child care home is being operated without a license, the
4 department or local licensing agency is authorized to seek an
5 injunction in the circuit court where the facility is located
6 to enjoin continued operation of such facility, family day
7 care home, or large family child care home. When the court is
8 closed for the transaction of judicial business, the
9 department or local licensing agency is authorized to seek an
10 emergency injunction to enjoin continued operation of such
11 unlicensed facility, unregistered or unlicensed family day
12 care home, or unlicensed large family child care home, which
13 injunction shall be continued, modified, or revoked on the
14 next day of judicial business.
15 (2) Other grounds for seeking an injunction to close a
16 child care facility, family day care home, or a large family
17 child care home are that:
18 (a) There is any violation of the standards applied
19 under ss. 402.301-402.319 which threatens harm to any child in
20 the child care facility, a family day care home, or large
21 family child care home.
22 (b) A licensee or registrant has repeatedly violated
23 the standards provided for under ss. 402.301-402.319.
24 (c) A child care facility, family day care home, or
25 large family child care home continues to have children in
26 attendance after the closing date established by the
27 department or the local licensing agency.
28 (3) The department or local licensing agency may
29 impose an administrative fine on any child care facility,
30 family day care home, or large family child care home
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2446
300-2408-03
1 operating without a license or registration, consistent with
2 the provisions of s. 402.310.
3 Section 3. Paragraph (a) of subsection (1) of section
4 402.313, Florida Statutes, is amended, subsections (5) through
5 (10) are renumbered as subsections (8) through (13),
6 respectively, and new subsections (5), (6), and (7) are added
7 to that section, to read:
8 402.313 Family day care homes.--
9 (1) Family day care homes shall be licensed under this
10 act if they are presently being licensed under an existing
11 county licensing ordinance, if they are participating in the
12 subsidized child care program, or if the board of county
13 commissioners passes a resolution that family day care homes
14 be licensed. If no county authority exists for the licensing
15 of a family day care home, the department shall have the
16 authority to license family day care homes under contract for
17 the purchase-of-service system in the subsidized child care
18 program.
19 (a) If not subject to license, family day care homes
20 shall register annually with the department, providing the
21 following information:
22 1. The name and address of the home.
23 2. The name of the operator.
24 3. The number of children served.
25 4. Proof of a written plan to provide at least one
26 other competent adult to be available to substitute for the
27 operator in an emergency. This plan shall include the name,
28 address, and telephone number of the designated substitute.
29 5. Proof of screening and background checks.
30
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2446
300-2408-03
1 6. Proof of successful completion of the 30-hour
2 training course, as evidenced by passage of a competency
3 examination, which shall include:
4 a. State and local rules and regulations that govern
5 child care.
6 b. Health, safety, and nutrition.
7 c. Identifying and reporting child abuse and neglect.
8 d. Child development, including typical and atypical
9 language development; and cognitive, motor, social, and
10 self-help skills development.
11 e. Observation of developmental behaviors, including
12 using a checklist or other similar observation tools and
13 techniques to determine a child's developmental level.
14 f. Specialized areas, including early literacy and
15 language development of children from birth to 5 years of age,
16 as determined by the department, for owner-operators of family
17 day care homes.
18 7. Proof that immunization records are kept current.
19 8. Proof of completion of the required continuing
20 education units or clock hours.
21 (5) In order to further develop their child care
22 skills and, if appropriate, their administrative skills,
23 operators of family day care homes shall be required to
24 complete an additional 1 continuing education unit of approved
25 training or 10 clock hours of equivalent training, as
26 determined by the department, annually.
27 (6) Operators of family day care homes shall be
28 required to complete 0.5 continuing education unit of approved
29 training in early literacy and language development of
30 children from birth to 5 years of age one time. The year that
31 this training is completed, it shall fulfill the 0.5
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2446
300-2408-03
1 continuing education unit or 5 clock hours of the annual
2 training required in subsection (5).
3 (7) Operators of family day care homes shall be
4 required annually to complete a health and safety home
5 inspection self-evaluation checklist developed by the
6 department in conjunction with the statewide resource and
7 referral program. The completed checklist shall be signed by
8 the operator of the family day care home and provided to
9 parents as certification that basic health and safety
10 standards are being met.
11 Section 4. Subsections (4) through (6) of section
12 402.3131, Florida Statutes, are renumbered as subsections (6)
13 through (8), respectively, and new subsections (4) and (5) are
14 added to that section to read:
15 402.3131 Large family child care homes.--
16 (4) In order to further develop their child care
17 skills and, if appropriate, their administrative skills,
18 operators of large family child care homes who have completed
19 the required introductory course shall be required to complete
20 an additional 1 continuing education unit of approved training
21 or 10 clock hours of equivalent training, as determined by the
22 department, annually.
23 (5) Operators of large family child care homes shall
24 be required to complete 0.5 continuing education unit of
25 approved training or 5 clock hours of equivalent training, as
26 determined by the department, in early literacy and language
27 development of children from birth to 5 years of age one time.
28 The year that this training is completed, it shall fulfill the
29 0.5 continuing education unit or 5 clock hours of the annual
30 training required in subsection (4).
31 Section 5. This act shall take effect July 1, 2003.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2446
300-2408-03
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2446
3
4
Provides that the newly added topic of literacy and language
5 development for children birth to 5 years of age is one of the
specialized trainings available for both child care center
6 personnel and operators of the family day care homes.
7 Stipulates that the training on literacy and language
development is a training required only one time.
8
Allows for the annual in-service training to be earned through
9 either CEUs or clock hours.
10 Permits the proof of completion of the annual training for
registered family day care homes to include either the CEUs or
11 clock hours.
12 Requires that the health and safety home inspection
self-evaluation check list as completed by the operator of
13 registered family day care homes be provided to the parents
instead of to the department as part of the annual
14 registration process.
15 Authorizes the Department of Children and Families to seek
injunctive relief if a family day care home operates without
16 either a license or a registration or a large family child
care home operates without a license, or other grounds for
17 seeking injunctive relief as is currently available for
licensed child care home exits.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
CODING: Words stricken are deletions; words underlined are additions.