HB 0751 2004
1	A bill to be entitled
2	An act relating to family child care homes; amending ss.
3	125.0109 and 166.0445, F.S.; redesignating family day care
4	homes as family child care homes; deleting provisions
5	relating to the regulation of registered family child care
6	homes under local zoning regulations; conforming
7	provisions to the licensure statute; amending s. 402.27,
8	F.S.; requiring licensed family child care homes and large
9	family child care homes to provide specified information
10	to resource and referral agencies; amending s. 402.302,
11	F.S.; defining the term "family child care home"; amending
12	s. 402.3051, F.S.; deleting references to registered
13	family child care homes; conforming provisions to the
14	licensure statute; amending s. 402.306, F.S.; requiring
15	the department and local licensing agencies to provide
16	information on large family child care homes; deleting
17	reference to registered family care homes; conforming
18	provisions to the licensure statute; amending s. 402.312,
19	F.S.; deleting provisions relating to the registration of
20	family child care homes; amending s. 402.313, F.S.;
21	requiring all family child care homes to be licensed;
22	deleting provisions relating to registration of family
23	child care homes; deleting provisions relating to
24	voluntary licensing of family child care homes; requiring
25	registered family child care homes to obtain a license by
26	a specified date; requiring the Department of Children and
27	Family Services to adopt rules for minimum licensing
28	standards; amending ss. 409.1671 and 627.70161, F.S.;
29	deleting provisions relating to registered family child
30	care homes; conforming section to licensure statute;
31	reenacting s. 400.953(3), F.S., relating to proof of
32	compliance with background screening requirements, to
33	incorporate the amendment to s. 402.313, F.S., in
34	references thereto; providing that the act will not take
35	effect unless a specified number of positions are funded
36	for licensing family child care homes; providing an
37	effective date.
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1. Section 125.0109, Florida Statutes, is amended
42	to read:
43	125.0109 Family child daycare homes; local zoning
44	regulation.--The operation of a residence as a family child day
45	care home, as defined by law, registered orlicensed with the
46	Department of Children and Family Services constitutes shall
47	constitutea valid residential use for purposes of any local
48	zoning regulations, and the no such regulation may not shall
49	require the owner or operator of such family child daycare home
50	to obtain any special exemption or use permit or waiver, or to
51	pay any special fee in excess of $50, to operate in an area
52	zoned for residential use.
53	Section 2. Section 166.0445, Florida Statutes, is amended
54	to read:
55	166.0445 Family child daycare homes; local zoning
56	regulation.--The operation of a residence as a family child day
57	care home, as defined by law, registered orlicensed with the
58	Department of Children and Family Services constitutes shall
59	constitutea valid residential use for purposes of any local
60	zoning regulations, and the no such regulation may not shall
61	require the owner or operator of such family child daycare home
62	to obtain any special exemption or use permit or waiver, or to
63	pay any special fee in excess of $50, to operate in an area
64	zoned for residential use.
65	Section 3. Subsection (10) of section 402.27, Florida
66	Statutes, is amended to read:
67	402.27 Child care and early childhood resource and
68	referral.--The Department of Children and Family Services shall
69	establish a statewide child care resource and referral network.
70	Preference shall be given to using the already established
71	central agencies for subsidized child care as the child care
72	resource and referral agency. If the agency cannot comply with
73	the requirements to offer the resource information component or
74	does not want to offer that service, the Department of Children
75	and Family Services shall select the resource information agency
76	based upon a request for proposal. At least one child care
77	resource and referral agency must be established in each
78	district of the department, but no more than one may be
79	established in any county. Child care resource and referral
80	agencies shall provide the following services:
81	(10) A child care facility licensed under s. 402.305 and a
82	licensed and registered family child day care home or large
83	family child care home licensed under s. 402.313 or s. 402.3131,
84	respectively, homesmust provide the statewide child care and
85	resource and referral agencies with the following information
86	annually:
87	(a) Type of program.
88	(b) Hours of service.
89	(c) Ages of children served.
90	(d) Fees and eligibility for services.
91	Section 4. Subsections (3), (7), and (8) of section
92	402.302, Florida Statutes, are amended to read:
93	402.302 Definitions.--
94	(3) "Child care personnel" means all owners, operators,
95	employees, and volunteers working in a child care facility. The
96	term does not include persons who work in a child care facility
97	after hours when children are not present or parents of children
98	in Head Start. For purposes of screening, the term includes any
99	member, over the age of 12 years, of a child care facility
100	operator's family, or person, over the age of 12 years, residing
101	with a child care facility operator if the child care facility
102	is located in or adjacent to the home of the operator or if the
103	family member of, or person residing with, the child care
104	facility operator has any direct contact with the children in
105	the facility during its hours of operation. Members of the
106	operator's family or persons residing with the operator who are
107	between the ages of 12 years and 18 years shall not be required
108	to be fingerprinted but shall be screened for delinquency
109	records. For purposes of screening, the term shall also include
110	persons who work in child care programs that whichprovide care
111	for children 15 hours or more each week in public or nonpublic
112	schools, summer day camps, family child daycare homes, or those
113	programs otherwise exempted under s. 402.316. The term does not
114	include public or nonpublic school personnel who are providing
115	care during regular school hours, or after hours for activities
116	related to a school's program for grades kindergarten through
117	12. A volunteer who assists on an intermittent basis for less
118	than 40 hours per month is not included in the term "personnel"
119	for the purposes of screening and training, provided that the
120	volunteer is under direct and constant supervision by persons
121	who meet the personnel requirements of s. 402.305(2). Students
122	who observe and participate in a child care facility as a part
123	of their required coursework shall not be considered child care
124	personnel, provided the suchobservation and participation are
125	on an intermittent basis and the students are under direct and
126	constant supervision of child care personnel.
127	(7) "Family day care home" or "family child care home"
128	means an occupied residence in which child care is regularly
129	provided for children from at least two unrelated families and
130	which receives a payment, fee, or grant for any of the children
131	receiving care, whether or not operated for profit. A family
132	child daycare home shall be allowed to provide care for one of
133	the following groups of children, which shall include those
134	children under 13 years of age who are related to the caregiver:
135	(a) A maximum of four children from birth to 12 months of
136	age.
137	(b) A maximum of three children from birth to 12 months of
138	age, and other children, for a maximum total of six children.
139	(c) A maximum of six preschool children if all are older
140	than 12 months of age.
141	(d) A maximum of 10 children if no more than 5 are
142	preschool age and, of those 5, no more than 2 are under 12
143	months of age.
144	(8) "Large family child care home" means an occupied
145	residence in which child care is regularly provided for children
146	from at least two unrelated families, which receives a payment,
147	fee, or grant for any of the children receiving care, whether or
148	not operated for profit, and which has at least two full-time
149	child care personnel on the premises during the hours of
150	operation. One of the two full-time child care personnel must be
151	the owner or occupant of the residence. A large family child
152	care home must first have operated as a licensed family child
153	daycare home for 2 years, with an operator who has had a child
154	development associate credential or its equivalent for 1 year,
155	before seeking licensure as a large family child care home. A
156	large family child care home shall be allowed to provide care
157	for one of the following groups of children, which shall include
158	those children under 13 years of age who are related to the
159	caregiver:
160	(a) A maximum of 8 children from birth to 24 months of
161	age.
162	(b) A maximum of 12 children, with no more than 4 children
163	under 24 months of age.
164	Section 5. Paragraph (b) of subsection (1) and subsection
165	(2) of section 402.3051, Florida Statutes, are amended to read:
166	402.3051 Child care market rate reimbursement; child care
167	grants.--
168	(1) As used in this section, the term:
169	(b) "Market rate" means the price that a child care
170	provider charges for daily, weekly, or monthly child care
171	services. Market rate shall:
172	1. Be established for licensed child care facilities or
173	facilities that are not subject to s. 402.305, licensed or
174	registered family child daycare homes, licensed before-school
175	and after-school child care programs, and unregulated care
176	provided by a relative or other caretaker.
177	2. Differentiate among child care for children with
178	special needs or risk categories, infants, toddlers, and
179	preschool and school-age children.
180	3. Differentiate between full-time and part-time care.
181	4. Consider reductions in the cost of care for additional
182	children in the same family.
183	(2) The department shall establish procedures to reimburse
184	licensed or, exempt, or registeredchild care providers who hold
185	a Gold Seal Quality Care designation at the market rate for
186	child care services for children who are eligible to receive
187	subsidized child care; and licensed or, exempt, or registered
188	child care providers at the prevailing market rate for child
189	care services for children who are eligible to receive
190	subsidized child care, unless prohibited by federal law under s.
191	402.3015. The department shall establish procedures to reimburse
192	providers of unregulated child care at not more than 50 percent
193	of the market rate. The payment system may not interfere with
194	the parents' decision as to the appropriate child care
195	arrangement, regardless of the level of available funding for
196	child care. The child care program assessment tool may not be
197	used to determine reimbursement rates.
198	Section 6. Subsection (3) of section 402.306, Florida
199	Statutes, is amended to read:
200	402.306 Designation of licensing agency; dissemination by
201	the department and local licensing agency of information on
202	child care.--
203	(3) The department and local licensing agencies, or their
204	the designees thereof, shall coordinate and disseminate be
205	responsible for coordination and dissemination ofinformation on
206	child care to the community. and shall make availableUpon
207	request, the department and each local licensing agency must
208	make available to the publicall licensing standards and
209	procedures, in addition tothe names and addresses of licensed
210	child care facilities and, where applicable pursuant to ss. s.
211	402.313 and 402.3131, licensed or registered family child day
212	care homes and large family child care homes.
213	Section 7. Section 402.312, Florida Statutes, is amended
214	to read:
215	402.312 License required; injunctive relief.--
216	(1) The operation of a child care facility without a
217	license, a family child day care home without a license or
218	registration, or a large family child care home without a
219	license is prohibited. If the department or the local licensing
220	agency discovers that a child care facility is being operated
221	without a license, a family child day care home is being
222	operated without a license or registration, or a large family
223	child care home is being operated without a license, the
224	department or local licensing agency is authorized to seek an
225	injunction in the circuit court where the facility is located to
226	enjoin continued operation of such facility, family child day
227	care home, or large family child care home. When the court is
228	closed for the transaction of judicial business, the department
229	or local licensing agency is authorized to seek an emergency
230	injunction to enjoin continued operation of such unlicensed
231	facility, unregistered or unlicensed family child daycare home,
232	or unlicensedlarge family child care home, which injunction
233	shall be continued, modified, or revoked on the next day of
234	judicial business.
235	(2) Other grounds for seeking an injunction to close a
236	child care facility, family child daycare home, or a large
237	family child care home are that:
238	(a) There is any violation of the standards applied under
239	ss. 402.301-402.319 which threatens harm to any child in the
240	child care facility, a family child daycare home, or large
241	family child care home.
242	(b) A licensee or registranthas repeatedly violated the
243	standards provided for under ss. 402.301-402.319.
244	(c) A child care facility, family child daycare home, or
245	large family child care home continues to have children in
246	attendance after the closing date established by the department
247	or the local licensing agency.
248	(3) The department or local licensing agency may impose an
249	administrative fine on any child care facility, family child day
250	care home, or large family child care home operating without a
251	license or registration, consistent with the provisions of s.
252	402.310.
253	Section 8. Section 402.313, Florida Statutes, is amended
254	to read:
255	402.313 Family child daycare homes.--
256	(1) Family child daycare homes shall be licensed under
257	this section. act if they are presently being licensed under an
258	existing county licensing ordinance, if they are participating
259	in the subsidized child care program, or if the board of county
260	commissioners passes a resolution that family day care homes be
261	licensed. If no county authority exists for the licensing of a
262	family day care home, the department shall have the authority to
263	license family day care homes under contract for the purchase-
264	of-service system in the subsidized child care program.
265	(a) If not subject to license, family day care homes shall
266	register annually with the department, providing the following
267	information:
268	1. The name and address of the home.
269	2. The name of the operator.
270	3. The number of children served.
271	4. Proof of a written plan to provide at least one other
272	competent adult to be available to substitute for the operator
273	in an emergency. This plan shall include the name, address, and
274	telephone number of the designated substitute.
275	5. Proof of screening and background checks.
276	6. Proof of successful completion of the 30-hour training
277	course, as evidenced by passage of a competency examination,
278	which shall include:
279	a. State and local rules and regulations that govern child
280	care.
281	b. Health, safety, and nutrition.
282	c. Identifying and reporting child abuse and neglect.
283	d. Child development, including typical and atypical
284	language development; and cognitive, motor, social, and self-
285	help skills development.
286	e. Observation of developmental behaviors, including using
287	a checklist or other similar observation tools and techniques to
288	determine a child's developmental level.
289	f. Specialized areas, including early literacy and
290	language development of children from birth to 5 years of age,
291	as determined by the department, for owner-operators of family
292	day care homes.
293	7. Proof that immunization records are kept current.
294	8. Proof of completion of the required continuing
295	education units or clock hours.
296	(a)(b)The department or local licensing agency may impose
297	an administrative fine, not to exceed $100, for failure to
298	comply with licensure or registrationrequirements.
299	(c) A family day care home not participating in the
300	subsidized child care program may volunteer to be licensed under
301	the provisions of this act.
302	(b)(d)The department may provide technical assistance to
303	counties and family child daycare home providers to enable
304	counties and family child daycare providers to achieve
305	compliance with family child daycare homes standards.
306	(2) This Information shall be included in a directory to
307	bepublished annually by the department to inform the public of
308	available child care facilities.
309	(3) Child care personnel in family child daycare homes
310	shall be subject to the applicable screening provisions
311	contained in ss. 402.305(2) and 402.3055. For purposes of
312	screening in family child daycare homes, the term includes any
313	member over the age of 12 years of a family child daycare home
314	operator's family, or persons over the age of 12 years residing
315	with the operator in the family child daycare home. Members of
316	the operator's family, or persons residing with the operator,
317	who are between the ages of 12 years and 18 years shall not be
318	required to be fingerprinted, but shall be screened for
319	delinquency records.
320	(4) Operators of family child daycare homes must
321	successfully complete an approved 30-clock-hour introductory
322	course in child care, as evidenced by passage of a competency
323	examination, before caring for children.
324	(5) In order to further develop their child care skills
325	and, if appropriate, their administrative skills, operators of
326	family child daycare homes shall be required to complete an
327	additional 1 continuing education unit of approved training or
328	10 clock hours of equivalent training, as determined by the
329	department, annually.
330	(6) Operators of family child daycare homes shall be
331	required to complete 0.5 continuing education unit of approved
332	training in early literacy and language development of children
333	from birth to 5 years of age one time. The year that this
334	training is completed, it shall fulfill the 0.5 continuing
335	education unit or 5 clock hours of the annual training required
336	in subsection (5).
337	(7) Operators of family child daycare homes shall be
338	required annually to complete a health and safety home
339	inspection self-evaluation checklist developed by the department
340	in conjunction with the statewide resource and referral program.
341	The completed checklist shall be signed by the operator of the
342	family child daycare home and provided to parents as
343	certification that basic health and safety standards are being
344	met.
345	(8) Family child daycare home operators may avail
346	themselves of supportive services offered by the department.
347	(9) The department shall prepare a brochure on family
348	child daycare for distribution by the department and by local
349	licensing agencies, if appropriate, to family child daycare
350	homes for distribution to parents utilizing such child care, and
351	to all interested persons, including physicians and other health
352	professionals; mental health professionals; school teachers or
353	other school personnel; social workers or other professional
354	child care, foster care, residential, or institutional workers;
355	and law enforcement officers. The brochure shall, at a minimum,
356	contain the following information:
357	(a) A brief description of the requirements for family
358	child day care licensure registration, training, and
359	fingerprinting and screening.
360	(b) A listing of those counties that license require
361	licensure of family child daycare homes. Such counties shall
362	provide an addendum to the brochure that provides a brief
363	description of the licensure requirements or may provide a
364	brochure in lieu of the one described in this subsection,
365	provided it contains all the required information on licensure
366	and the required information in the subsequent paragraphs.
367	(c) A statement indicating that information about the
368	family child daycare home's compliance with applicable state or
369	local requirements can be obtained by telephoning the department
370	office or the office of the local licensing agency, if
371	appropriate, at a telephone number or numbers which shall be
372	affixed to the brochure.
373	(d) The statewide toll-free telephone number of the
374	central abuse hotline, together with a notice that reports of
375	suspected and actual child physical abuse, sexual abuse, and
376	neglect are received and referred for investigation by the
377	hotline.
378	(e) Any other information relating to competent child care
379	that the department or local licensing agency, if preparing a
380	separate brochure, deems would be helpful to parents and other
381	caretakers in their selection of a family child daycare home.
382	(10) On an annual basis, the department shall evaluate the
383	registration and licensure system for family child daycare
384	homes. Such evaluation shall, at a minimum, address the
385	following:
386	(a) The number of family child day care homes registered
387	and licensed and the dates of such registration andlicensure.
388	(b) The number of children being served in both registered
389	and licensed family child daycare homes and any available slots
390	in such homes.
391	(c) The number of complaints received concerning family
392	child daycare, the nature of the complaints, and the resolution
393	of such complaints.
394	(d) The training activities used utilizedby child care
395	personnel in family child daycare homes for meeting the state
396	or local training requirements.
397
398	The evaluation shall be used utilizedby the department in any
399	administrative modifications or adjustments to be made in the
400	licensure registration of family child daycare homes or in any
401	legislative requests for modifications to the system of
402	licensure registration or to other requirements for family child
403	daycare homes.
404	(11) In order to inform the public of the state
405	requirement for licensure registration of family child daycare
406	homes as well as the other requirements for such homes to
407	legally operate in the state, the department shall institute a
408	media campaign to accomplish this end. Such a campaign shall
409	include, at a minimum, flyers, newspaper advertisements, radio
410	advertisements, and television advertisements.
411	(12) Notwithstanding any other state or local law or
412	ordinance, any family child daycare home licensed pursuant to
413	this chapter or pursuant to a county ordinance shall be charged
414	the utility rates accorded to a residential home. A licensed
415	family child daycare home may not be charged commercial utility
416	rates.
417	(13) The department shall, by rule, establish minimum
418	licensing standards for family child day care homes that are
419	required to be licensed by county licensing ordinance or county
420	licensing resolution or that voluntarily choose to be licensed.
421	The standards should include requirements for staffing,
422	training, maintenance of immunization records, minimum health
423	and safetystandards, reduced standards for the regulation of
424	child care during evening hours by municipalities and counties,
425	and enforcement of standards.
426	Section 9. Each family child care home that is registered
427	with the Department of Children and Family Services or a local
428	licensing agency on June 30, 2004, must obtain a license from
429	the department as required under s. 402.313, Florida Statutes,
430	by July 1, 2005.
431	Section 10. Paragraph (b) of subsection (5) of section
432	409.1671, Florida Statutes, is amended to read:
433	409.1671 Foster care and related services;
434	privatization.--
435	(5)
436	(b) Substitute care providers who are licensed under s.
437	409.175 and have contracted with a lead agency authorized under
438	this section shall also be authorized to provide registered or
439	licensed family child day care homesunder s. 402.313, if
440	consistent with federal law and if the home has met the
441	requirements of s. 402.313.
442	Section 11. Section 627.70161, Florida Statutes, is
443	amended to read:
444	627.70161 Family child day care homeinsurance.--
445	(1) PURPOSE AND INTENT.--The Legislature recognizes that
446	family child daycare homes fulfill a vital role in providing
447	child care in Florida. It is the intent of the Legislature that
448	residential property insurance coverage should not be canceled,
449	denied, or nonrenewed solely on the basis of the family child
450	daycare services at the residence. The Legislature also
451	recognizes that the potential liability of residential property
452	insurers is substantially increased by the rendition of child
453	care services on the premises. The Legislature therefore finds
454	that there is a public need to specify that contractual
455	liabilities that arise in connection with the operation of the
456	family child daycare home are excluded from residential
457	property insurance policies unless they are specifically
458	included in such coverage.
459	(2) DEFINITIONS.--As used in this section, the term:
460	(a) "Child care" means the care, protection, and
461	supervision of a child, for a period of less than 24 hours a day
462	on a regular basis, which supplements parental care, enrichment,
463	and health supervision for the child, in accordance with his or
464	her individual needs, and for which a payment, fee, or grant is
465	made for care.
466	(b) "Family child daycare home" means an occupied
467	residence in which child care is regularly provided for children
468	from at least two unrelated families and which receives a
469	payment, fee, or grant for any of the children receiving care,
470	whether or not operated for a profit.
471	(3) FAMILY CHILD DAYCARE; COVERAGE.--A residential
472	property insurance policy shall not provide coverage for
473	liability for claims arising out of, or in connection with, the
474	operation of a family child daycare home, and the insurer shall
475	be under no obligation to defend against lawsuits covering such
476	claims, unless:
477	(a) Specifically covered in a policy; or
478	(b) Covered by a rider or endorsement for business
479	coverage attached to a policy.
480	(4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.--An
481	insurer may not deny, cancel, or refuse to renew a policy for
482	residential property insurance solely on the basis that the
483	policyholder or applicant operates a family child daycare home.
484	In addition to other lawful reasons for refusing to insure, an
485	insurer may deny, cancel, or refuse to renew a policy of a
486	family child daycare home provider if one or more of the
487	following conditions occur:
488	(a) The policyholder or applicant provides care for more
489	children than authorized for family child daycare homes by s.
490	402.302;
491	(b) The policyholder or applicant fails to maintain a
492	separate commercial liability policy or an endorsement providing
493	liability coverage for the family child daycare home
494	operations;
495	(c) The policyholder or applicant fails to comply with the
496	family child day care home licensure and registration
497	requirements specified in s. 402.313; or
498	(d) Discovery of willful or grossly negligent acts or
499	omissions or any violations of state laws or regulations
500	establishing safety standards for family child daycare homes by
501	the named insured or his or her representative which materially
502	increase any of the risks insured.
503	Section 12. For the purpose of incorporating the amendment
504	made by this act to section 402.313, Florida Statutes, in
505	references thereto, subsection (3) of section 400.953, Florida
506	Statutes, is reenacted to read:
507	400.953 Background screening of home medical equipment
508	provider personnel.--The agency shall require employment
509	screening as provided in chapter 435, using the level 1
510	standards for screening set forth in that chapter, for home
511	medical equipment provider personnel.
512	(3) Proof of compliance with the screening requirements of
513	s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
514	s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or this part
515	must be accepted in lieu of the requirements of this section if
516	the person has been continuously employed in the same type of
517	occupation for which he or she is seeking employment without a
518	breach in service that exceeds 180 days, the proof of compliance
519	is not more than 2 years old, and the person has been screened
520	by the Department of Law Enforcement. An employer or contractor
521	shall directly provide proof of compliance to another employer
522	or contractor, and a potential employer or contractor may not
523	accept any proof of compliance directly from the person
524	requiring screening. Proof of compliance with the screening
525	requirements of this section shall be provided, upon request, to
526	the person screened by the home medical equipment provider.
527	Section 13. This act shall not take effect unless
528	sufficient funds are allocated in a specific appropriation or in
529	the General Appropriations Act for the 2004-2005 fiscal year to
530	fund 30 additional positions for licensing family child care
531	homes.
532	Section 14. This act shall take effect July 1, 2004.