Senate Bill sb0510c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                            CS for SB 510

    By the Committee on Children and Families; and Senator Lynn





    300-1083A-04

  1                      A bill to be entitled

  2         An act relating to child care facilities;

  3         amending s. 402.3055, F.S.; requiring an

  4         applicant, owner, or operator of a child care

  5         facility to sign an affidavit attesting to the

  6         accuracy of certain information; authorizing

  7         the Department of Children and Family Services

  8         to apply certain requirements for personnel in

  9         child care facilities to personnel in family

10         day care homes and large family child care

11         homes; amending s. 402.308, F.S.; requiring

12         family day care homes that are required to be

13         licensed and large family child care homes to

14         have a license that is renewed annually;

15         authorizing the Department of Children and

16         Family Services to apply the specified

17         procedures for administering a license to

18         family day care homes and large family child

19         care homes; amending s. 402.309, F.S.;

20         authorizing the local licensing agency or the

21         Department of Children and Family Services to

22         issue a provisional license or registration to

23         a child care facility, family day care home, or

24         large family child care home; providing that a

25         provisional license or registration may not be

26         issued unless child care personnel are screened

27         according to law; requiring the department to

28         adopt rules for issuing, suspending, and

29         revoking provisional licenses and

30         registrations; amending s. 402.310, F.S.;

31         providing that an increased administrative fine

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1         may be imposed in addition to or in lieu of

 2         other disciplinary actions; authorizing the

 3         department or local licensing agencies to

 4         convert a license or registration to probation

 5         status for violation of certain laws and rules;

 6         authorizing the department or local licensing

 7         agencies to apply disciplinary actions to

 8         registered family day care homes; directing the

 9         department to adopt rules establishing grounds

10         for imposing disciplinary actions for

11         violations of certain laws and rules; directing

12         the department to adopt rules to create a

13         uniform system of procedures to use for

14         disciplinary actions; creating s. 402.3105,

15         F.S.; requiring the department to establish a

16         database of information concerning violations,

17         citations, and penalties imposed against child

18         care facilities, family day care homes, and

19         large family child care homes licensed by or

20         registered with the department and local

21         licensing agencies; requiring the department to

22         consult with the State Technology Office;

23         specifying database capabilities and the uses

24         of information contained therein; providing

25         that implementation is not contingent upon an

26         appropriation; repealing ss. 402.313(1)(b) and

27         402.3131(1)(a), F.S.; abolishing the authority

28         of the department or local licensing agency to

29         impose an administrative fine for a family care

30         home or a large family child care home;

31         providing an effective date.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




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

 2  

 3         Section 1.  Section 402.3055, Florida Statutes, is

 4  amended to read:

 5         402.3055  Child care personnel requirements.--

 6         (1)  REQUIREMENTS FOR CHILD CARE PERSONNEL.--

 7         (a)  The department or local licensing agency shall

 8  require that the application for a license to operate a child

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

10  care home license contain a question that specifically asks

11  the applicant, owner, or operator if he or she has ever had a

12  license denied, revoked, or suspended in any state or

13  jurisdiction or has been the subject of a disciplinary action

14  or been fined while employed in a child care facility, family

15  day care home, or large family child care home. The applicant,

16  owner, or operator shall sign an affidavit attesting attest to

17  the accuracy of the information requested under penalty of

18  perjury.

19         1.  If the applicant, owner, or operator admits that he

20  or she has been a party in such action, the department or

21  local licensing agency shall review the nature of the

22  suspension, revocation, disciplinary action, or fine before

23  granting the applicant a license to operate a child care

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

25  home.

26         2.  If the department or local licensing agency

27  determines as a the result of the such review that it is not

28  in the best interest of the state or local jurisdiction for

29  the applicant to be licensed, a license shall not be granted.

30         (b)  The employer of a child care facility, family day

31  care home, or large family child care home employer shall

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1  require that the application for a child care personnel

 2  position contain a question that specifically asks the

 3  applicant if he or she has ever worked in a facility or home

 4  that has had a license denied, revoked, or suspended in this

 5  or any other state or jurisdiction or if the applicant has

 6  been the subject of a disciplinary action or been fined while

 7  he or she was employed in a child care facility or home. The

 8  applicant shall attest to the accuracy of the information

 9  requested under penalty of perjury. If the applicant admits

10  that he or she has been a party in such action, the employer

11  shall review the nature of the denial, suspension, revocation,

12  disciplinary action, or fine before the applicant is hired.

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

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

15  HEARINGS PROVIDED.--

16         (a)  The department or local licensing agency shall

17  deny, suspend, or revoke a license or pursue other remedies

18  provided in s. 402.310, s. 402.312, or s. 402.319 in addition

19  to or in lieu of denial, suspension, or revocation for failure

20  to comply with this section. The disciplinary actions taken

21  determination to be made by the department or the local

22  licensing agency and the procedure for hearing for applicants

23  and licensees shall be in accordance with s. 402.310.

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

25  has reasonable cause to believe that grounds for denial or

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

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

28  child care personnel affected, stating the specific grounds

29  indicating record which indicates noncompliance with the

30  standards in s. 402.305(2).

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1         (c)  When the department is the agency initiating the

 2  allegations of statement regarding noncompliance, the

 3  procedures established for hearing under chapter 120 shall be

 4  available to the applicant, licensee, or other child care

 5  program and to the affected child care personnel, in order to

 6  present evidence relating either to the accuracy of the basis

 7  of exclusion or to the denial of an exemption from

 8  disqualification.

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

10  initiating the allegations of statement regarding

11  noncompliance of an employee with the standards contained in

12  s. 402.305(2), the employee, applicant, licensee, or other

13  child care program has 15 days from receipt of the time of

14  written notification of the agency's finding of noncompliance

15  to make a written request for a hearing. If a written request

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

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

18  presumed to accept the finding of noncompliance.

19         (e)  If a request for a hearing is made to the local

20  licensing agency, a hearing shall be held within 30 days and

21  shall be conducted by an individual designated by the county

22  commission.

23         (f)  An employee, applicant, licensee, or other child

24  care program shall have the right to appeal a finding of the

25  local licensing agency to a representative of the department.

26  Any required hearing shall be held in the county in which the

27  permanent employee is employed. The hearing shall be conducted

28  in accordance with the provisions of chapter 120.

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

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

31  noncompliance with personnel standards of s. 402.305(2) shall

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1  result in automatic denial or revocation of the license in

 2  addition to any other remedies pursued by the department or

 3  local licensing agency.

 4         Section 2.  Subsections (1) and (3) of section 402.308,

 5  Florida Statutes, are amended to read:

 6         402.308  Issuance of license.--

 7         (1)  ANNUAL LICENSING.--Every child care facility,

 8  family day care home requiring licensure, or large family

 9  child care home in the state shall have a license that which

10  shall be renewed annually.

11         (3)  STATE ADMINISTRATION OF LICENSING.--In any county

12  in which the department has the authority to issue licenses,

13  the following procedures shall be applied:

14         (a)  Application for a license or for a renewal of a

15  license to operate a child care facility, family day care

16  home, or large family child care home shall be made in the

17  manner and on the forms prescribed by the department.  The

18  applicant's social security number shall be included on the

19  form submitted to the department. Pursuant to the federal

20  Personal Responsibility and Work Opportunity Reconciliation

21  Act of 1996, each applicant is required to provide his or her

22  social security number in accordance with this section.

23  Disclosure of social security numbers obtained through this

24  requirement shall be limited to the purpose of administration

25  of the Title IV-D program for child support enforcement.

26         (b)  Prior to the renewal of a license, the department

27  shall reexamine the child care facility, family day care home,

28  or large family child care home, including in that process the

29  examination of the premises and those records of the facility

30  or home as required under s. 402.305, to determine that

31  minimum standards for licensing continue to be met.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1         (c)  The department shall coordinate all inspections of

 2  child care facilities, family day care homes, and large family

 3  child care homes. A child care provider facility is not

 4  required to implement a recommendation of one agency which

 5  that is in conflict with a recommendation of another agency if

 6  such conflict arises due to uncoordinated inspections. Any

 7  conflict in recommendations shall be resolved by the secretary

 8  of the department within 15 days after written notice that

 9  such conflict exists.

10         (d)  The department shall issue or renew a license upon

11  receipt of the license fee and upon being satisfied that all

12  standards required by ss. 402.301-402.319 have been met. A

13  license may be issued if all the screening materials have been

14  timely submitted; however, a license may not be issued or

15  renewed if any of the child care personnel at the applicant

16  facility or home have failed the screening required by ss.

17  402.305(2) and 402.3055.

18         Section 3.  Section 402.309, Florida Statutes, is

19  amended to read:

20         402.309  Provisional license or registration.--

21         (1)  The local licensing agency or the department,

22  whichever is authorized to license child care facilities in a

23  county, may issue a provisional license for child care

24  facilities, family day care homes, or large family child care

25  homes, or a provisional registration for family day care homes

26  to applicants for an initial a license or registration or to

27  licensees or registrants seeking a renewal who are unable to

28  meet conform to all the standards provided for in ss.

29  402.301-402.319.

30         (2)  A No provisional license or registration may not

31  be issued unless the operator or owner makes adequate

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1  provisions for the health and safety of the child. A

 2  provisional license may be issued for a child care facility if

 3  all of the screening materials have been timely submitted.;

 4  however, A provisional license or registration may not be

 5  issued unless the child care facility, family day care home,

 6  or large family child care home is in compliance with the

 7  requirements for screening of child care personnel in ss.

 8  402.305, and 402.3055, 402.313, and 402.3131, respectively.

 9         (3)  The provisional license or registration may not

10  shall in no event be issued for a period in excess of 6

11  months; however, it may be renewed one time for a period not

12  in excess of 6 months under unusual circumstances beyond the

13  control of the applicant.

14         (4)  The provisional license or registration may be

15  suspended or revoked if periodic inspection or review made by

16  the local licensing agency or the department indicates that

17  insufficient progress has been made toward compliance.

18         (5)  The department shall adopt rules specifying the

19  conditions and procedures under which a provisional license or

20  registration may be issued, suspended, or revoked.

21         Section 4.  Section 402.310, Florida Statutes, is

22  amended to read:

23         402.310  Disciplinary actions; hearings upon denial,

24  suspension, or revocation of license or registration;

25  administrative fines.--

26         (1)(a)  The department or local licensing agency may

27  administer any of the following disciplinary sanctions for a

28  violation of any provision of ss. 402.301-402.319, or rules

29  adopted thereunder: deny, suspend, or revoke a license or

30         1.  Impose an administrative fine not to exceed $100

31  per violation, per day, for the violation of any provision of

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1  ss. 402.301-402.319 or rules adopted thereunder. However, if

 2  where the violation could or does cause death or serious harm,

 3  the department or local licensing agency may impose an

 4  administrative fine, not to exceed $500 per violation per day,

 5  in addition to or in lieu of any other disciplinary action

 6  described in this section.

 7         2.  Convert a license or registration to probation

 8  status and require the licensee or registrant to comply with

 9  the terms of probation. A probation-status license or

10  registration may not be issued for a period in excess of 6

11  months and may not be renewed. A probation-status license or

12  registration may be suspended or revoked if periodic

13  inspection by the department or local licensing agency

14  discloses that the probation-status licensee or registrant is

15  not in compliance with the terms of probation or that the

16  probation-status licensee or registrant is not making

17  sufficient progress towards compliance with the provisions of

18  ss. 402.301-402.319.

19         3.  Deny, suspend, or revoke a license or registration.

20         (b)  In determining the appropriate disciplinary action

21  to be taken for a violation as provided in paragraph (a), the

22  following factors shall be considered:

23         1.  The severity of the violation, including the

24  probability that death or serious harm to the health or safety

25  of any person will result or has resulted, the severity of the

26  actual or potential harm, and the extent to which the

27  provisions of ss. 402.301-402.319 have been violated.

28         2.  Actions taken by the licensee or registrant to

29  correct the violation or to remedy complaints.

30         3.  Any previous violations of the licensee or

31  registrant.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1         (c)  The department shall adopt rules to:

 2         1.  Establish the grounds under which the department

 3  may deny, suspend, or revoke a license or registration or

 4  place a licensee or registrant on probation status for

 5  violations of ss. 402.301-402.319.

 6         2.  Establish a uniform system of procedures to impose

 7  disciplinary sanctions for violations of ss. 402.301-402-319.

 8  The uniform system of procedures must provide for the

 9  consistent application of disciplinary actions across

10  districts and a progressively increasing level of penalties

11  from predisciplinary actions, such as efforts to assist

12  licensees or registrants to correct the statutory or

13  regulatory violations, to severe disciplinary sanctions for

14  actions that jeopardize the health and safety of children,

15  such as for the deliberate misuse of medications. The

16  department shall implement this subparagraph on January 1,

17  2005, and the implementation is not contingent upon a specific

18  appropriation.

19         (d)  The disciplinary sanctions set forth in this

20  section apply to licensed child care facilities, licensed

21  large family child care homes, and licensed or registered

22  family day care homes.

23         (2)  When the department has reasonable cause to

24  believe that grounds exist for the denial, suspension, or

25  revocation of a license or registration; the conversion of a

26  license or registration to probation status; or the imposition

27  of an administrative fine exist, it shall determine the matter

28  in accordance with procedures prescribed in chapter 120. When

29  the local licensing agency has reasonable cause to believe

30  that grounds exist for the denial, suspension, or revocation

31  of a license or registration; the conversion of a license or

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1  registration to probation status; or the imposition of an

 2  administrative fine exist, it shall notify the applicant,

 3  registrant, or licensee in writing, stating the grounds upon

 4  which the license or registration is being denied, suspended,

 5  or revoked or an administrative fine is being imposed. If the

 6  applicant, registrant, or licensee makes no written request

 7  for a hearing to the local licensing agency within 15 days

 8  after from receipt of the such notice, the license or

 9  registration shall be deemed denied, suspended, or revoked;

10  the license or registration shall be converted to probation

11  status; or an administrative fine shall be imposed.

12         (3)  If a request for a hearing is made to the local

13  licensing agency, a hearing shall be held within 30 days and

14  shall be conducted by an individual designated by the county

15  commission.

16         (4)  An applicant, registrant, or licensee shall have

17  the right to appeal a decision of the local licensing agency

18  to a representative of the department. Any required hearing

19  shall be held in the county in which the child care facility,

20  family day care home, or large family child care home is being

21  operated or is to be established. The hearing shall be

22  conducted in accordance with the provisions of chapter 120.

23         Section 5.  Section 402.3105, Florida Statutes, is

24  created to read:

25         402.3105  Central database on violations, citations,

26  and penalties imposed against child care facilities, family

27  day care homes, and large family child care homes.--

28         (1)  The department, in consultation with the state

29  technology office, shall establish and maintain a central

30  database to record and compile all information from the

31  service districts and local licensing agencies concerning

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1  violations, citations, and penalties imposed against child

 2  care facilities, family day care homes, and large family child

 3  care homes regulated by or registered with the department or

 4  local licensing agency. The department shall develop the

 5  central database pursuant to chapter 282 and shall administer,

 6  operate, and maintain the database following the policies and

 7  procedures of the state technology office.

 8         (2)  The department shall retain information in the

 9  database in order to monitor and evaluate the consistency and

10  effectiveness of the service districts' and local licensing

11  agencies' investigations and the enforcement of compliance

12  with licensing and registration requirements by child care

13  facilities, family day care homes, and large family child care

14  homes. The database must have the capability to produce

15  statistical reports of patterns of violations, citations, and

16  penalties, including the classes and types of violations, and

17  any actions taken to suspend or revoke the license or

18  registration of a child care facility, family day care home,

19  or large family child care home.

20         (3)  The central database shall be an informational

21  resource for evaluating child care facilities, family day care

22  homes, and large family child care homes for license or

23  registration renewals but may not be used for employment

24  screening. The database information is open to the public

25  subject to the provisions of chapter 119.

26         (4)  The department shall implement this section

27  beginning on July 1, 2004, and the implementation is not

28  contingent upon a specific appropriation.

29         Section 6.  Paragraph (b) of subsection (1) of section

30  402.313 and paragraph (a) of subsection (1) of section

31  402.3131, Florida Statutes, are repealed.

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 510
    300-1083A-04




 1         Section 7.  This act shall take effect July 1, 2004.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                              s0510

 5                                 

 6  
    *    Authorizes the Department of Children and Families to
 7       apply certain licensure application and renewal
         requirements to family day care homes required to be
 8       licensed and large family child care homes.

 9  *    Clarifies that the department's determination of progress
         toward compliance with the requirements for registered
10       family day care homes when a provisional license has been
         issued is through a review instead of an inspection.
11  
    *    Extends the deadline for the department to implement the
12       uniform system of disciplinary actions.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.