Senate Bill sb1600e1

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  1                      A bill to be entitled

  2         An act relating to child care; transferring,

  3         renumbering, and amending s. 402.3017, F.S.;

  4         revising requirements for the Teacher Education

  5         and Compensation Helps scholarship program;

  6         amending s. 402.302, F.S.; redefining the term

  7         "screening"; authorizing the screening of child

  8         care volunteers; amending s. 402.3055, F.S.;

  9         requiring an applicant, owner, or operator of a

10         child care facility to sign an affidavit

11         attesting to the accuracy of certain

12         information; authorizing the Department of

13         Children and Family Services to apply certain

14         requirements for personnel in child care

15         facilities to personnel in family day care

16         homes and large family child care homes;

17         amending s. 402.308, F.S.; requiring family day

18         care homes that are required to be licensed and

19         large family child care homes to have a license

20         that is renewed annually; authorizing the

21         Department of Children and Family Services to

22         apply the specified procedures for

23         administering a license to family day care

24         homes and large family child care homes;

25         amending s. 402.309, F.S.; authorizing the

26         local licensing agency or the Department of

27         Children and Family Services to issue a

28         provisional license or registration to a child

29         care facility, family day care home, or large

30         family child care home; providing that a

31         provisional license or registration may not be


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 1         issued unless child care personnel are screened

 2         according to law; requiring the department to

 3         adopt rules for issuing, suspending, and

 4         revoking provisional licenses and

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

 6         providing that an increased administrative fine

 7         may be imposed in addition to or in lieu of

 8         other disciplinary actions; authorizing the

 9         department or local licensing agencies to

10         convert a license or registration to probation

11         status for a violation of certain laws and

12         rules; authorizing the department or local

13         licensing agencies to apply disciplinary

14         actions to registered family day care homes;

15         directing the department to adopt rules

16         establishing grounds for imposing disciplinary

17         actions for violations of certain laws and

18         rules; directing the department to adopt rules

19         to create a uniform system of procedures to use

20         for disciplinary actions; creating s. 402.3105,

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

22         database of information concerning violations,

23         citations, and penalties imposed against child

24         care facilities, family day care homes, and

25         large family child care homes licensed by or

26         registered with the department and local

27         licensing agencies; requiring the department to

28         consult with the State Technology Office;

29         specifying database capabilities and the uses

30         of information contained therein; providing

31         that implementation is not contingent upon an


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 1         appropriation; amending s. 402.313, F.S.;

 2         removing conflicting provisions regarding an

 3         administrative fine; requiring the adoption of

 4         a rule establishing minimum standards for

 5         safety; a large family child care home;

 6         requiring the Office of Program Policy Analysis

 7         and Government Accountability to conduct a

 8         study of the Child Care Services Program Office

 9         of the Department of Children and Family

10         Services and provide a report to the

11         Legislature; repealing s. 402.3131(1)(a), F.S.,

12         relating to the authority of the department or

13         local licensing agency to impose an

14         administrative fine against a large family

15         child care home; providing an effective date.

16  

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

18  

19         Section 1.  Section 402.3017, Florida Statutes, is

20  transferred, renumbered as section 411.0103, Florida Statutes,

21  and amended to read:

22         411.0103 402.3017  Teacher Education and Compensation

23  Helps (TEACH) scholarship program.--

24         (1)  The Legislature finds that the level of early

25  child care teacher education and training is a key predictor

26  for determining program quality. The Legislature also finds

27  that low wages for child care workers prevent many from

28  obtaining increased training and education and contribute to

29  high turnover rates. The Legislature therefore intends to help

30  fund a program which links teacher training and education to

31  


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 1  compensation and commitment to the field of early childhood

 2  education.

 3         (2)  The Agency for Workforce Innovation may Department

 4  of Children and Family Services is authorized to contract for

 5  the administration of the Teacher Education and Compensation

 6  Helps (TEACH) scholarship program, which provides educational

 7  scholarships to caregivers and administrators of early

 8  childhood programs, family day care homes, and large family

 9  child care homes.

10         (3)  The Agency for Workforce Innovation may department

11  shall adopt rules under ss. 120.536(1) and 120.54 as necessary

12  to administer implement this section.

13         (4)  For the 2004-2005 fiscal year only, the Agency for

14  Workforce Innovation shall administer this section. This

15  subsection expires July 1, 2005.

16         Section 2.  Subsection (13) of section 402.302, Florida

17  Statutes, is amended to read:

18         402.302  Definitions.--

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

20  background of child care personnel and volunteers and

21  includes, but is not limited to, employment history checks,

22  local criminal records checks through local law enforcement

23  agencies, fingerprinting for all purposes and checks in this

24  subsection, statewide criminal records checks through the

25  Department of Law Enforcement, and federal criminal records

26  checks through the Federal Bureau of Investigation; except

27  that screening for volunteers included under the definition of

28  personnel includes only local criminal records checks through

29  local law enforcement agencies for current residence and

30  residence immediately prior to employment as a volunteer, if

31  


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 1  different, and statewide criminal records correspondence

 2  checks through the Department of Law Enforcement.

 3         Section 3.  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


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 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  


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 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 has shall have the right to appeal a finding of

25  the local licensing agency to a representative of the

26  department. Any required hearing shall be held in the county

27  in which the permanent employee is employed. The hearing shall

28  be conducted 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


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 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 4.  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)  Before renewing Prior to the renewal of a license,

27  the department shall reexamine the child care facility, family

28  day care home, or large family child care home, including in

29  that process the examination of the premises and those records

30  of the facility or home as required under s. 402.305, to

31  


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 1  determine that minimum standards for licensing continue to be

 2  met.

 3         (c)  The department shall coordinate all inspections of

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

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

 6  required to implement a recommendation of one agency which

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

 8  the such conflict arises from due to uncoordinated

 9  inspections. Any conflict in recommendations shall be resolved

10  by the secretary of the department within 15 days after

11  written notice that the such conflict exists.

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

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

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

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

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

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

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

19  402.305(2) and 402.3055.

20         Section 5.  Section 402.309, Florida Statutes, is

21  amended to read:

22         402.309  Provisional license or registration.--

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

24  whichever is authorized to license child care facilities in a

25  county, may issue a provisional license for child care

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

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

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

29  licensees or registrants seeking a renewal who are unable to

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

31  402.301-402.319.


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

 2  be issued unless the operator or owner makes adequate

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

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

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

 6  however, A provisional license or registration may not be

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

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

 9  requirements for screening of child care personnel in ss.

10  402.305, and 402.3055, 402.313, and 402.3131, respectively.

11         (3)  The provisional license or registration may not

12  shall in no event be issued for a period that exceeds in

13  excess of 6 months; however, it may be renewed one time for a

14  period that may not exceed in excess of 6 months under unusual

15  circumstances beyond the control of the applicant.

16         (4)  The provisional license or registration may be

17  suspended or revoked if periodic inspection or review made by

18  the local licensing agency or the department indicates that

19  insufficient progress has been made toward compliance.

20         (5)  The department shall adopt rules specifying the

21  conditions and procedures under which a provisional license or

22  registration may be issued, suspended, or revoked.

23         Section 6.  Section 402.310, Florida Statutes, is

24  amended to read:

25         402.310  Disciplinary actions; hearings upon denial,

26  suspension, or revocation of license or registration;

27  administrative fines.--

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

29  administer any of the following disciplinary sanctions for a

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

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


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

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

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

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

 5  the department or local licensing agency may impose an

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

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

 8  described in this section.

 9         2.  Convert a license or registration to probation

10  status and require the licensee or registrant to comply with

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

12  registration may not be issued for a period that exceeds 6

13  months and the license or registration may not be renewed. A

14  probation-status license or registration may be suspended or

15  revoked if periodic inspection by the department or local

16  licensing agency finds that the probation-status licensee or

17  registrant is not in compliance with the terms of probation or

18  that the probation-status licensee or registrant is not making

19  sufficient progress towards compliance with ss.

20  402.301-402.319.

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

22         (b)  In determining the appropriate disciplinary action

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

24  following factors shall be considered:

25         1.  The severity of the violation, including the

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

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

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

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

30         2.  Actions taken by the licensee or registrant to

31  correct the violation or to remedy complaints.


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 1         3.  Any previous violations of the licensee or

 2  registrant.

 3         (c)  The department shall adopt rules to:

 4         1.  Establish the grounds under which the department

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

 6  place a licensee or registrant on probation status for

 7  violations of ss. 402.301-402.319.

 8         2.  Establish a uniform system of procedures to impose

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

10  The uniform system of procedures must provide for the

11  consistent application of disciplinary actions across

12  districts and a progressively increasing level of penalties

13  from predisciplinary actions, such as efforts to assist

14  licensees or registrants to correct the statutory or

15  regulatory violations, to severe disciplinary sanctions for

16  actions that jeopardize the health and safety of children,

17  such as for the deliberate misuse of medications. The

18  department shall implement this subparagraph on January 1,

19  2006, and the implementation is not contingent upon a specific

20  appropriation.

21         (d)  The disciplinary sanctions set forth in this

22  section apply to licensed child care facilities, licensed

23  large family child care homes, and licensed or registered

24  family day care homes.

25         (2)  When the department has reasonable cause to

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

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

28  license or registration to probation status; or the imposition

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

30  in accordance with procedures prescribed in chapter 120. When

31  the local licensing agency has reasonable cause to believe


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

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

 3  registration to probation status; or the imposition of an

 4  administrative fine exist, it shall notify the applicant,

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

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

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

 8  applicant, registrant, or licensee makes no written request

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

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

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

12  the license or registration shall be converted to probation

13  status; or an administrative fine shall be imposed.

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

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

16  shall be conducted by an individual designated by the county

17  commission.

18         (4)  An applicant, registrant, or licensee has shall

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

20  agency to a representative of the department. Any required

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

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

23  home is being operated or is to be established. The hearing

24  shall be conducted in accordance with the provisions of

25  chapter 120.

26         Section 7.  Section 402.3105, Florida Statutes, is

27  created to read:

28         402.3105  Central database on violations, citations,

29  and penalties imposed against child care facilities, family

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

31  


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

 2  technology office, shall establish and maintain a central

 3  database to record and compile all information from the

 4  service districts and local licensing agencies concerning

 5  violations, citations, and penalties imposed against child

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

 7  care homes regulated by or registered with the department or

 8  local licensing agency. The department shall develop the

 9  central database under chapter 282 and shall administer,

10  operate, and maintain the database following the policies and

11  procedures of the state technology office.

12         (2)  The department shall retain information in the

13  database in order to monitor and evaluate the consistency and

14  effectiveness of the service districts' and local licensing

15  agencies' investigations and the enforcement of compliance

16  with licensing and registration requirements by child care

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

18  homes. The database must have the capability to produce

19  statistical reports of patterns of violations, citations, and

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

21  any actions taken to suspend or revoke the license or

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

23  or large family child care home.

24         (3)  The central database shall be an informational

25  resource for evaluating child care facilities, family day care

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

27  registration renewals but may not be used for employment

28  screening. The database information is open to the public and

29  is subject to chapter 119.

30  

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 1         (4)  The department shall implement this section

 2  beginning on July 1, 2005, and the implementation is not

 3  contingent upon a specific appropriation.

 4         Section 8.  Subsections (1) and (13) of section

 5  402.313, Florida Statutes, are amended to read:

 6         402.313  Family day care homes.--

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

 8  act if they are presently being licensed under an existing

 9  county licensing ordinance, if they are participating in the

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

11  commissioners passes a resolution that family day care homes

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

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

14  authority to license family day care homes under contract for

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

16  program.

17         (a)  If not subject to license, family day care homes

18  shall register annually with the department, providing the

19  following information:

20         1.  The name and address of the home.

21         2.  The name of the operator.

22         3.  The number of children served.

23         4.  Proof of a written plan to provide at least one

24  other competent adult to be available to substitute for the

25  operator in an emergency. This plan shall include the name,

26  address, and telephone number of the designated substitute.

27         5.  Proof of screening and background checks.

28         6.  Proof of successful completion of the 30-hour

29  training course, as evidenced by passage of a competency

30  examination, which shall include:

31  


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 1         a.  State and local rules and regulations that govern

 2  child care.

 3         b.  Health, safety, and nutrition.

 4         c.  Identifying and reporting child abuse and neglect.

 5         d.  Child development, including typical and atypical

 6  language development; and cognitive, motor, social, and

 7  self-help skills development.

 8         e.  Observation of developmental behaviors, including

 9  using a checklist or other similar observation tools and

10  techniques to determine a child's developmental level.

11         f.  Specialized areas, including early literacy and

12  language development of children from birth to 5 years of age,

13  as determined by the department, for owner-operators of family

14  day care homes.

15         7.  Proof that immunization records are kept current.

16         8.  Proof of completion of the required continuing

17  education units or clock hours.

18         (b)  The department or local licensing agency may

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

20  to comply with licensure or registration requirements.

21         (b)(c)  A family day care home that is not required to

22  be licensed under this subsection participating in the

23  subsidized child care program may volunteer to be licensed

24  under the provisions of this act.

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

26  to counties and family day care home providers to enable

27  counties and family day care providers to achieve compliance

28  with family day care homes standards.

29         (13)  The department shall adopt a rule establishing,

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

31  that are required to be licensed by county licensing ordinance


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 1  or county licensing resolution or that voluntarily choose to

 2  be licensed. The standards should include requirements for

 3  staffing, training, maintenance of immunization records,

 4  minimum health and safety standards, reduced standards for the

 5  regulation of child care during evening hours by

 6  municipalities and counties, and enforcement of standards.

 7         Section 9.  The Office of Program Policy Analysis and

 8  Government Accountability shall conduct a study of the

 9  administrative and operational structure of the Child Care

10  Services Program Office of the Department of Children and

11  Family Services, including a review of all resources

12  supporting the program. The Office of Program Policy Analysis

13  and Government Accountability shall report its findings and

14  make a recommendation regarding the appropriate state agency

15  to administer child care regulation functions, to the

16  President of the Senate, the Speaker of the House of

17  Representatives, and the Governor by December 1, 2005.

18         Section 10.  Paragraph (a) of subsection (1) of section

19  402.3131, Florida Statutes, is repealed.

20         Section 11.  This act shall take effect July 1, 2005.

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