Senate Bill sb1600

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    Florida Senate - 2005                                  SB 1600

    By Senator Lynn





    7-1301-05

  1                      A bill to be entitled

  2         An act relating to child care health and

  3         safety; amending s. 402.302, F.S.; redefining

  4         the term "screening" to allow the Department of

  5         Children and Family Services to screen

  6         volunteers for past employment and criminal

  7         histories; amending s. 402.310, F.S.; providing

  8         that the registration of a family day care home

  9         is subject to certain disciplinary actions;

10         providing that a consistent administrative fine

11         may be imposed for all provider types, in

12         addition to or in lieu of other disciplinary

13         actions; specifying the factors the department

14         must consider when selecting a disciplinary

15         action against a licensee or registrant;

16         providing an applicant, licensee, and

17         registrant the right to appeal; amending ss.

18         402.313 and 402.3131, F.S.; removing

19         conflicting provisions regarding an

20         administrative fine; providing an effective

21         date.

22  

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

24  

25         Section 1.  Subsection (13) of section 402.302, Florida

26  Statutes, is amended to read:

27         402.302  Definitions.--

28         (13)  "Screening" means the act of assessing the

29  background of child care personnel and includes, but is not

30  limited to, employment history checks, local criminal records

31  checks through local law enforcement agencies, fingerprinting

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    Florida Senate - 2005                                  SB 1600
    7-1301-05




 1  for all purposes and checks in this subsection, statewide

 2  criminal records checks through the Department of Law

 3  Enforcement, and federal criminal records checks through the

 4  Federal Bureau of Investigation; except that screening for

 5  volunteers included under the definition of personnel includes

 6  only local criminal records checks through local law

 7  enforcement agencies for current residence and residence

 8  immediately prior to employment as a volunteer, if different,

 9  and statewide criminal records correspondence checks through

10  the Department of Law Enforcement.

11         Section 2.  Section 402.310, Florida Statutes, is

12  amended to read:

13         402.310  Disciplinary actions; hearings upon denial,

14  suspension, or revocation of license or registration;

15  administrative fines.--

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

17  administer any of the following disciplinary sanctions for a

18  violation of ss. 402.301-402.319, or rules adopted thereunder:

19  deny, suspend, or revoke a license or

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

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

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

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

24  the department or local licensing agency may impose an

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

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

27  imposed under this section; or

28         2.  Deny, suspend, or revoke a license or registration.

29         (b)  In determining the appropriate disciplinary action

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

31  following factors shall be considered:

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    Florida Senate - 2005                                  SB 1600
    7-1301-05




 1         1.  The severity of the violation, including the

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

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

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

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

 6         2.  Actions taken by the licensee or registrant to

 7  correct the violation or to remedy complaints.

 8         3.  Any previous violations of the licensee or

 9  registrant.

10         (2)  When the department has reasonable cause to

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

12  revocation of a license or registration or the imposition of

13  an administrative fine exist, it shall determine the matter in

14  accordance with procedures prescribed in chapter 120.  When

15  the local licensing agency has reasonable cause to believe

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

17  of a license or registration or for the imposition of an

18  administrative fine exist, it shall notify the applicant,

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

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

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

22  applicant, registrant, or licensee makes no written request

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

24  from receipt of such notice, the license or registration is

25  shall be deemed denied, suspended, or revoked or an

26  administrative fine shall be imposed.

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

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

29  shall be conducted by an individual designated by the county

30  commission.

31  

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    Florida Senate - 2005                                  SB 1600
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 1         (4)  An applicant, registrant, or licensee has shall

 2  have the right to appeal a decision of the local licensing

 3  agency to a representative of the department. Any required

 4  hearing shall be held in the county in which the child care

 5  facility is being operated or is to be established. The

 6  hearing shall be conducted in accordance with the provisions

 7  of chapter 120.

 8         Section 3.  Paragraphs (b), (c), and (d) of subsection

 9  (1) and subsection (13) of section 402.313, Florida Statutes,

10  are amended to read:

11         402.313  Family day care homes.--

12         (1)  Family day care homes shall be licensed under this

13  act if they are presently being licensed under an existing

14  county licensing ordinance, if they are participating in the

15  subsidized child care program, or if the board of county

16  commissioners passes a resolution that family day care homes

17  be licensed.  If no county authority exists for the licensing

18  of a family day care home, the department shall have the

19  authority to license family day care homes under contract for

20  the purchase-of-service system in the subsidized child care

21  program.

22         (b)  The department or local licensing agency may

23  impose an administrative fine, not to exceed $100, for failure

24  to comply with licensure or registration requirements.

25         (b)(c)  A family day care home not participating in the

26  subsidized child care program may volunteer to be licensed

27  under the provisions of this act.

28         (c)(d)  The department may provide technical assistance

29  to counties and family day care home providers to enable

30  counties and family day care providers to achieve compliance

31  with family day care homes standards.

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    Florida Senate - 2005                                  SB 1600
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 1         (13)  The department shall adopt a rule establishing,

 2  by rule, establish minimum standards for family day care homes

 3  that are required to be licensed by county licensing ordinance

 4  or county licensing resolution or that voluntarily choose to

 5  be licensed. The standards should include requirements for

 6  staffing, training, maintenance of immunization records,

 7  minimum health and safety standards, reduced standards for the

 8  regulation of child care during evening hours by

 9  municipalities and counties, and enforcement of standards.

10         Section 4.  Subsection (1) of section 402.3131, Florida

11  Statutes, is amended to read:

12         402.3131  Large family child care homes.--

13         (1)  Large family child care homes shall be licensed

14  under this section.

15         (a)  The department or local licensing agency may

16  impose an administrative fine, not to exceed $1,000, for

17  failure to comply with licensure requirements.

18         (a)(b)  A licensed family day care home must first have

19  operated for a minimum of 2 consecutive years, with an

20  operator who has had a child development associate credential

21  or its equivalent for 1 year, before seeking licensure as a

22  large family child care home.

23         (b)(c)  The department may provide technical assistance

24  to counties and family day care home providers to enable the

25  counties and providers to achieve compliance with minimum

26  standards for large family child care homes.

27         Section 5.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 1600
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Redefines the term "screening" to allow the Department of
      Children and Family Services to screen volunteers for
 4    past employment and criminal histories. Provides that the
      registration of a family day care home is subject to
 5    certain disciplinary actions. Provides that a consistent
      administrative fine may be imposed for all provider
 6    types, in addition to or in lieu of other disciplinary
      actions. Lists the factors the department must consider
 7    when selecting a disciplinary action against a licensee
      or registrant. Provides an applicant, licensee, and
 8    registrant the right to appeal.

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