HB 1199CS

CHAMBER ACTION



1The Health & Families Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to child care; transferring, renumbering,
7and amending s. 402.3017, F.S.; revising requirements for
8the Teacher Education and Compensation Helps scholarship
9program; transferring authority for administration and
10rules from the Department of Children and Family Services
11to the Agency for Workforce Innovation; amending s.
12402.302, F.S.; redefining the term "screening";
13authorizing the screening of child care volunteers;
14amending s. 402.3055, F.S.; requiring an applicant, owner,
15or operator of a child care facility to sign an affidavit
16attesting to the accuracy of certain information;
17authorizing the Department of Children and Family Services
18to apply certain requirements for personnel in child care
19facilities to personnel in family day care homes and large
20family child care homes; amending s. 402.308, F.S.;
21requiring family day care homes that are required to be
22licensed and large family child care homes to have a
23license that is renewed annually; authorizing the
24Department of Children and Family Services to apply the
25specified procedures for administering a license to family
26day care homes and large family child care homes; amending
27s. 402.309, F.S.; authorizing the local licensing agency
28or the Department of Children and Family Services to issue
29a provisional license or registration to a child care
30facility, family day care home, or large family child care
31home; providing that a provisional license or registration
32may not be issued unless child care personnel are screened
33according to law; requiring the department to adopt rules
34for issuing, suspending, and revoking provisional licenses
35and registrations; amending s. 402.310, F.S.; providing
36that an increased administrative fine may be imposed in
37addition to or in lieu of other disciplinary actions;
38authorizing the department or local licensing agencies to
39convert a license or registration to probation status for
40a violation of certain laws and rules; authorizing the
41department or local licensing agencies to apply
42disciplinary actions to registered family day care homes;
43directing the department to adopt rules establishing
44grounds for imposing disciplinary actions for violations
45of certain laws and rules; directing the department to
46adopt rules to create a uniform system of procedures to
47use for disciplinary actions; creating s. 402.3105, F.S.;
48requiring the department to establish a database of
49information concerning violations, citations, and
50penalties imposed against child care facilities, family
51day care homes, and large family child care homes licensed
52by or registered with the department and local licensing
53agencies; requiring the department to consult with the
54State Technology Office; specifying database capabilities
55and the uses of information contained therein; providing
56that implementation is not contingent upon an
57appropriation; amending s. 402.313, F.S.; removing
58conflicting provisions regarding an administrative fine;
59requiring the adoption of a rule establishing minimum
60standards for safety; repealing s. 402.3131(1)(a), F.S.,
61relating to the authority of the department or local
62licensing agency to impose an administrative fine against
63a large family child care home; requiring the Office of
64Program Policy Analysis and Government Accountability to
65conduct a study of the Child Care Services Program Office
66of the Department of Children and Family Services and
67provide a report to the Governor and Legislature;
68providing an effective date.
69
70Be It Enacted by the Legislature of the State of Florida:
71
72     Section 1.  Section 402.3017, Florida Statutes, is
73transferred, renumbered as section 411.0103, Florida Statutes,
74and amended to read:
75     411.0103 402.3017  Teacher Education and Compensation Helps
76(TEACH) scholarship program.--
77     (1)  The Legislature finds that the level of early child
78care teacher education and training is a key predictor for
79determining program quality. The Legislature also finds that low
80wages for child care workers prevent many from obtaining
81increased training and education and contribute to high turnover
82rates. The Legislature therefore intends to help fund a program
83which links teacher training and education to compensation and
84commitment to the field of early childhood education.
85     (2)  The Agency for Workforce Innovation may Department of
86Children and Family Services is authorized to contract for the
87administration of the Teacher Education and Compensation Helps
88(TEACH) scholarship program, which provides educational
89scholarships to caregivers and administrators of early childhood
90programs, family day care homes, and large family child care
91homes.
92     (3)  The Agency for Workforce Innovation may department
93shall adopt rules under ss. 120.536(1) and 120.54 as necessary
94to administer implement this section.
95     (4)  For the 2004-2005 fiscal year only, the Agency for
96Workforce Innovation shall administer this section. This
97subsection expires July 1, 2005.
98     Section 2.  Subsection (13) of section 402.302, Florida
99Statutes, is amended to read:
100     402.302  Definitions.--
101     (13)  "Screening" means the act of assessing the background
102of child care personnel and volunteers and includes, but is not
103limited to, employment history checks, local criminal records
104checks through local law enforcement agencies, fingerprinting
105for all purposes and checks in this subsection, statewide
106criminal records checks through the Department of Law
107Enforcement, and federal criminal records checks through the
108Federal Bureau of Investigation; except that screening for
109volunteers included under the definition of personnel includes
110only local criminal records checks through local law enforcement
111agencies for current residence and residence immediately prior
112to employment as a volunteer, if different, and statewide
113criminal records correspondence checks through the Department of
114Law Enforcement.
115     Section 3.  Section 402.3055, Florida Statutes, is amended
116to read:
117     402.3055  Child care personnel requirements.--
118     (1)  REQUIREMENTS FOR CHILD CARE PERSONNEL.--
119     (a)  The department or local licensing agency shall require
120that the application for a license to operate a child care
121facility, family day care home, or large family child care home
122license contain a question that specifically asks the applicant,
123owner, or operator if he or she has ever had a license denied,
124revoked, or suspended in any state or jurisdiction or has been
125the subject of a disciplinary action or been fined while
126employed in a child care facility, family day care home, or
127large family child care home. The applicant, owner, or operator
128shall sign an affidavit attesting attest to the accuracy of the
129information requested under penalty of perjury.
130     1.  If the applicant, owner, or operator admits that he or
131she has been a party in such action, the department or local
132licensing agency shall review the nature of the suspension,
133revocation, disciplinary action, or fine before granting the
134applicant a license to operate a child care facility, family day
135care home, or large family child care home.
136     2.  If the department or local licensing agency determines
137as a the result of the such review that it is not in the best
138interest of the state or local jurisdiction for the applicant to
139be licensed, a license shall not be granted.
140     (b)  The employer of a child care facility, family day care
141home, or large family child care home employer shall require
142that the application for a child care personnel position contain
143a question that specifically asks the applicant if he or she has
144ever worked in a facility or home that has had a license denied,
145revoked, or suspended in this or any other state or jurisdiction
146or if the applicant has been the subject of a disciplinary
147action or been fined while he or she was employed in a child
148care facility or home. The applicant shall attest to the
149accuracy of the information requested under penalty of perjury.
150If the applicant admits that he or she has been a party in such
151action, the employer shall review the nature of the denial,
152suspension, revocation, disciplinary action, or fine before the
153applicant is hired.
154     (2)  EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY
155A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM; HEARINGS
156PROVIDED.--
157     (a)  The department or local licensing agency shall deny,
158suspend, or revoke a license or pursue other remedies provided
159in s. 402.310, s. 402.312, or s. 402.319 in addition to or in
160lieu of denial, suspension, or revocation for failure to comply
161with this section. The disciplinary actions taken determination
162to be made by the department or the local licensing agency and
163the procedure for hearing for applicants and licensees shall be
164in accordance with s. 402.310.
165     (b)  When the department or the local licensing agency has
166reasonable cause to believe that grounds for denial or
167termination of employment exist, it shall notify, in writing,
168the applicant, licensee, or other child care program and the
169child care personnel affected, stating the specific grounds
170indicating record which indicates noncompliance with the
171standards in s. 402.305(2).
172     (c)  When the department is the agency initiating the
173allegations of statement regarding noncompliance, the procedures
174established for hearing under chapter 120 shall be available to
175the applicant, licensee, or other child care program and to the
176affected child care personnel, in order to present evidence
177relating either to the accuracy of the basis of exclusion or to
178the denial of an exemption from disqualification.
179     (d)  When a local licensing agency is the agency initiating
180the allegations of statement regarding noncompliance of an
181employee with the standards contained in s. 402.305(2), the
182employee, applicant, licensee, or other child care program has
18315 days from receipt of the time of written notification of the
184agency's finding of noncompliance to make a written request for
185a hearing. If a written request for a hearing is not received in
186that time, the permanent employee, applicant, licensee, or other
187child care program is presumed to accept the finding of
188noncompliance.
189     (e)  If a request for a hearing is made to the local
190licensing agency, a hearing shall be held within 30 days and
191shall be conducted by an individual designated by the county
192commission.
193     (f)  An employee, applicant, licensee, or other child care
194program has shall have the right to appeal a finding of the
195local licensing agency to a representative of the department.
196Any required hearing shall be held in the county in which the
197permanent employee is employed. The hearing shall be conducted
198in accordance with the provisions of chapter 120.
199     (g)  Refusal on the part of an applicant or licensee to
200dismiss child care personnel who have been found to be in
201noncompliance with personnel standards of s. 402.305(2) shall
202result in automatic denial or revocation of the license in
203addition to any other remedies pursued by the department or
204local licensing agency.
205     Section 4.  Subsections (1) and (3) of section 402.308,
206Florida Statutes, are amended to read:
207     402.308  Issuance of license.--
208     (1)  ANNUAL LICENSING.--Every child care facility, family
209day care home requiring licensure, or large family child care
210home in the state shall have a license that which shall be
211renewed annually.
212     (3)  STATE ADMINISTRATION OF LICENSING.--In any county in
213which the department has the authority to issue licenses, the
214following procedures shall be applied:
215     (a)  Application for a license or for a renewal of a
216license to operate a child care facility, family day care home,
217or large family child care home shall be made in the manner and
218on the forms prescribed by the department.  The applicant's
219social security number shall be included on the form submitted
220to the department. Pursuant to the federal Personal
221Responsibility and Work Opportunity Reconciliation Act of 1996,
222each applicant is required to provide his or her social security
223number in accordance with this section.  Disclosure of social
224security numbers obtained through this requirement shall be
225limited to the purpose of administration of the Title IV-D
226program for child support enforcement.
227     (b)  Before renewing Prior to the renewal of a license, the
228department shall reexamine the child care facility, family day
229care home, or large family child care home, including in that
230process the examination of the premises and those records of the
231facility or home as required under s. 402.305, to determine that
232minimum standards for licensing continue to be met.
233     (c)  The department shall coordinate all inspections of
234child care facilities, family day care homes, and large family
235child care homes. A child care provider facility is not required
236to implement a recommendation of one agency which that is in
237conflict with a recommendation of another agency if the such
238conflict arises from due to uncoordinated inspections. Any
239conflict in recommendations shall be resolved by the secretary
240of the department within 15 days after written notice that the
241such conflict exists.
242     (d)  The department shall issue or renew a license upon
243receipt of the license fee and upon being satisfied that all
244standards required by ss. 402.301-402.319 have been met. A
245license may be issued if all the screening materials have been
246timely submitted; however, a license may not be issued or
247renewed if any of the child care personnel at the applicant
248facility or home have failed the screening required by ss.
249402.305(2) and 402.3055.
250     Section 5.  Section 402.309, Florida Statutes, is amended
251to read:
252     402.309  Provisional license or registration.--
253     (1)  The local licensing agency or the department,
254whichever is authorized to license child care facilities in a
255county, may issue a provisional license for child care
256facilities, family day care homes, or large family child care
257homes, or a provisional registration for family day care homes
258to applicants for an initial a license or registration or to
259licensees or registrants seeking a renewal who are unable to
260meet conform to all the standards provided for in ss. 402.301-
261402.319.
262     (2)  A No provisional license or registration may not be
263issued unless the operator or owner makes adequate provisions
264for the health and safety of the child. A provisional license
265may be issued for a child care facility if all of the screening
266materials have been timely submitted.; however, A provisional
267license or registration may not be issued unless the child care
268facility, family day care home, or large family child care home
269is in compliance with the requirements for screening of child
270care personnel in ss. 402.305, and 402.3055, 402.313, and
271402.3131, respectively.
272     (3)  The provisional license or registration may not shall
273in no event be issued for a period that exceeds in excess of 6
274months; however, it may be renewed one time for a period that
275may not exceed in excess of 6 months under unusual circumstances
276beyond the control of the applicant.
277     (4)  The provisional license or registration may be
278suspended or revoked if periodic inspection or review made by
279the local licensing agency or the department indicates that
280insufficient progress has been made toward compliance.
281     (5)  The department shall adopt rules specifying the
282conditions and procedures under which a provisional license or
283registration may be issued, suspended, or revoked.
284     Section 6.  Section 402.310, Florida Statutes, is amended
285to read:
286     402.310  Disciplinary actions; hearings upon denial,
287suspension, or revocation of license or registration;
288administrative fines.--
289     (1)(a)  The department or local licensing agency may
290administer any of the following disciplinary sanctions for a
291violation of any provision of ss. 402.301-402.319, or rules
292adopted thereunder: deny, suspend, or revoke a license or
293     1.  Impose an administrative fine not to exceed $100 per
294violation, per day, for the violation of any provision of ss.
295402.301-402.319 or rules adopted thereunder. However, if where
296the violation could or does cause death or serious harm, the
297department or local licensing agency may impose an
298administrative fine, not to exceed $500 per violation per day,
299in addition to or in lieu of any other disciplinary action
300described in this section.
301     2.  Convert a license or registration to probation status
302and require the licensee or registrant to comply with the terms
303of probation. A probation-status license or registration may not
304be issued for a period that exceeds 6 months and the license or
305registration may not be renewed. A probation-status license or
306registration may be suspended or revoked if periodic inspection
307by the department or local licensing agency finds that the
308probation-status licensee or registrant is not in compliance
309with the terms of probation or that the probation-status
310licensee or registrant is not making sufficient progress towards
311compliance with ss. 402.301-402.319.
312     3.  Deny, suspend, or revoke a license or registration.
313     (b)  In determining the appropriate disciplinary action to
314be taken for a violation as provided in paragraph (a), the
315following factors shall be considered:
316     1.  The severity of the violation, including the
317probability that death or serious harm to the health or safety
318of any person will result or has resulted, the severity of the
319actual or potential harm, and the extent to which the provisions
320of ss. 402.301-402.319 have been violated.
321     2.  Actions taken by the licensee or registrant to correct
322the violation or to remedy complaints.
323     3.  Any previous violations of the licensee or registrant.
324     (c)  The department shall adopt rules to:
325     1.  Establish the grounds under which the department may
326deny, suspend, or revoke a license or registration or place a
327licensee or registrant on probation status for violations of ss.
328402.301-402.319.
329     2.  Establish a uniform system of procedures to impose
330disciplinary sanctions for violations of ss. 402.301-402-319.
331The uniform system of procedures must provide for the consistent
332application of disciplinary actions across districts and a
333progressively increasing level of penalties from predisciplinary
334actions, such as efforts to assist licensees or registrants to
335correct the statutory or regulatory violations, to severe
336disciplinary sanctions for actions that jeopardize the health
337and safety of children, such as for the deliberate misuse of
338medications. The department shall implement this subparagraph on
339January 1, 2006, and the implementation is not contingent upon a
340specific appropriation.
341     (d)  The disciplinary sanctions set forth in this section
342apply to licensed child care facilities, licensed large family
343child care homes, and licensed or registered family day care
344homes.
345     (2)  When the department has reasonable cause to believe
346that grounds exist for the denial, suspension, or revocation of
347a license or registration; the conversion of a license or
348registration to probation status; or the imposition of an
349administrative fine exist, it shall determine the matter in
350accordance with procedures prescribed in chapter 120. When the
351local licensing agency has reasonable cause to believe that
352grounds exist for the denial, suspension, or revocation of a
353license or registration; the conversion of a license or
354registration to probation status; or the imposition of an
355administrative fine exist, it shall notify the applicant,
356registrant, or licensee in writing, stating the grounds upon
357which the license or registration is being denied, suspended, or
358revoked or an administrative fine is being imposed. If the
359applicant, registrant, or licensee makes no written request for
360a hearing to the local licensing agency within 15 days after
361from receipt of the such notice, the license or registration
362shall be deemed denied, suspended, or revoked; the license or
363registration shall be converted to probation status; or an
364administrative fine shall be imposed.
365     (3)  If a request for a hearing is made to the local
366licensing agency, a hearing shall be held within 30 days and
367shall be conducted by an individual designated by the county
368commission.
369     (4)  An applicant, registrant, or licensee has shall have
370the right to appeal a decision of the local licensing agency to
371a representative of the department. Any required hearing shall
372be held in the county in which the child care facility, family
373day care home, or large family child care home is being operated
374or is to be established. The hearing shall be conducted in
375accordance with the provisions of chapter 120.
376     Section 7.  Section 402.3105, Florida Statutes, is created
377to read:
378     402.3105  Central database on violations, citations, and
379penalties imposed against child care facilities, family day care
380homes, and large family child care homes.--
381     (1)  The department, in consultation with the State
382Technology Office, shall establish and maintain a central
383database to record and compile all information from the service
384districts and local licensing agencies concerning violations,
385citations, and penalties imposed against child care facilities,
386family day care homes, and large family child care homes
387regulated by or registered with the department or local
388licensing agency. The department shall develop the central
389database under chapter 282 and shall administer, operate, and
390maintain the database following the policies and procedures of
391the State Technology Office.
392     (2)  The department shall retain information in the
393database in order to monitor and evaluate the consistency and
394effectiveness of the service districts' and local licensing
395agencies' investigations and the enforcement of compliance with
396licensing and registration requirements by child care
397facilities, family day care homes, and large family child care
398homes. The database must have the capability to produce
399statistical reports of patterns of violations, citations, and
400penalties, including the classes and types of violations, and
401any actions taken to suspend or revoke the license or
402registration of a child care facility, family day care home, or
403large family child care home.
404     (3)  The central database shall be an informational
405resource for evaluating child care facilities, family day care
406homes, and large family child care homes for license or
407registration renewals but may not be used for employment
408screening. The database information is open to the public and is
409subject to chapter 119.
410     (4)  The department shall implement this section beginning
411on July 1, 2005, and the implementation is not contingent upon a
412specific appropriation.
413     Section 8.  Subsections (1) and (13) of section 402.313,
414Florida Statutes, are amended to read:
415     402.313  Family day care homes.--
416     (1)  Family day care homes shall be licensed under this act
417if they are presently being licensed under an existing county
418licensing ordinance, if they are participating in the subsidized
419child care program, or if the board of county commissioners
420passes a resolution that family day care homes be licensed. If
421no county authority exists for the licensing of a family day
422care home, the department shall have the authority to license
423family day care homes under contract for the purchase-of-service
424system in the subsidized child care program.
425     (a)  If not subject to license, family day care homes shall
426register annually with the department, providing the following
427information:
428     1.  The name and address of the home.
429     2.  The name of the operator.
430     3.  The number of children served.
431     4.  Proof of a written plan to provide at least one other
432competent adult to be available to substitute for the operator
433in an emergency. This plan shall include the name, address, and
434telephone number of the designated substitute.
435     5.  Proof of screening and background checks.
436     6.  Proof of successful completion of the 30-hour training
437course, as evidenced by passage of a competency examination,
438which shall include:
439     a.  State and local rules and regulations that govern child
440care.
441     b.  Health, safety, and nutrition.
442     c.  Identifying and reporting child abuse and neglect.
443     d.  Child development, including typical and atypical
444language development; and cognitive, motor, social, and self-
445help skills development.
446     e.  Observation of developmental behaviors, including using
447a checklist or other similar observation tools and techniques to
448determine a child's developmental level.
449     f.  Specialized areas, including early literacy and
450language development of children from birth to 5 years of age,
451as determined by the department, for owner-operators of family
452day care homes.
453     7.  Proof that immunization records are kept current.
454     8.  Proof of completion of the required continuing
455education units or clock hours.
456     (b)  The department or local licensing agency may impose an
457administrative fine, not to exceed $100, for failure to comply
458with licensure or registration requirements.
459     (b)(c)  A family day care home that is not required to be
460licensed under this subsection participating in the subsidized
461child care program may volunteer to be licensed under the
462provisions of this act.
463     (c)(d)  The department may provide technical assistance to
464counties and family day care home providers to enable counties
465and family day care providers to achieve compliance with family
466day care homes standards.
467     (13)  The department shall adopt a rule establishing, by
468rule, establish minimum standards for family day care homes that
469are required to be licensed by county licensing ordinance or
470county licensing resolution or that voluntarily choose to be
471licensed. The standards should include requirements for
472staffing, training, maintenance of immunization records, minimum
473health and safety standards, reduced standards for the
474regulation of child care during evening hours by municipalities
475and counties, and enforcement of standards.
476     Section 9.  Paragraph (a) of subsection (1) of section
477402.3131, Florida Statutes, is repealed.
478     Section 10.  The Office of Program Policy Analysis and
479Government Accountability shall conduct a study of the
480administrative and operational structure of the Child Care
481Services Program Office of the Department of Children and Family
482Services, including a review of all resources supporting the
483program. The Office of Program Policy Analysis and Government
484Accountability shall report its findings and make a
485recommendation regarding the appropriate state agency to
486administer child care regulation functions, to the President of
487the Senate, the Speaker of the House of Representatives, and the
488Governor by December 1, 2005.
489     Section 11.  This act shall take effect July 1, 2005.


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