1 | A bill to be entitled |
2 | An act relating to child care; renumbering and amending s. |
3 | 402.3017, F.S.; transferring authority for administration |
4 | of the Teacher Education and Compensation Helps (TEACH) |
5 | scholarship program from the Department of Children and |
6 | Family Services to the Agency for Workforce Innovation; |
7 | amending s. 402.281, F.S.; providing additional criteria |
8 | for a child care provider to obtain and maintain Gold Seal |
9 | Quality Care designation; authorizing the Department of |
10 | Children and Family Services to adopt rules; amending s. |
11 | 402.302, F.S.; revising the definition of the term |
12 | "screening" to broaden the requirements for the screening |
13 | of volunteers in child care facilities; amending s. |
14 | 402.309, F.S.; authorizing the local licensing agency or |
15 | the Department of Children and Family Services to issue a |
16 | provisional license or registration to a child care |
17 | facility, family day care home, or large family child care |
18 | home; providing that a provisional license or registration |
19 | may not be issued unless child care personnel are screened |
20 | according to law; requiring the department to adopt rules |
21 | for issuing, suspending, and revoking provisional licenses |
22 | and registrations; amending s. 402.310, F.S.; revising |
23 | applicability of disciplinary actions and fines to include |
24 | certain providers registered with the department; amending |
25 | s. 402.313, F.S.; removing a provision relating to a fine |
26 | to conform to changes made by the act; requiring minimum |
27 | safety standards for family day care homes; amending s. |
28 | 402.3131, F.S.; removing a provision relating to a fine to |
29 | conform to changes made by the act; providing an effective |
30 | date. |
31 |
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32 | Be It Enacted by the Legislature of the State of Florida: |
33 |
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34 | Section 1. Section 402.3017, Florida Statutes, is |
35 | renumbered as section 411.0103, Florida Statutes, and amended to |
36 | read: |
37 | 411.0103 402.3017 Teacher Education and Compensation Helps |
38 | (TEACH) scholarship program.-- |
39 | (1) The Legislature finds that the level of early child |
40 | care teacher education and training is a key predictor for |
41 | determining program quality. The Legislature also finds that low |
42 | wages for child care workers prevent many from obtaining |
43 | increased training and education and contribute to high turnover |
44 | rates. The Legislature therefore intends to help fund a program |
45 | which links teacher training and education to compensation and |
46 | commitment to the field of early childhood education. |
47 | (2) The Agency for Workforce Innovation shall Department |
48 | of Children and Family Services is authorized to contract for |
49 | the administration of the Teacher Education and Compensation |
50 | Helps (TEACH) scholarship program, which provides educational |
51 | scholarships to caregivers and administrators of early childhood |
52 | programs, family day care homes, and large family child care |
53 | homes. |
54 | (3) The Agency for Workforce Innovation department shall |
55 | adopt rules under ss. 120.536(1) and 120.54 as necessary to |
56 | administer implement this section. |
57 | (4) For the 2005-2006 fiscal year only, the Agency for |
58 | Workforce Innovation shall administer this section. This |
59 | subsection expires July 1, 2006. |
60 | Section 2. Subsections (3) and (4) are added to section |
61 | 402.281, Florida Statutes, to read: |
62 | 402.281 Gold Seal Quality Care program.-- |
63 | (3) In order for a child care provider to obtain and |
64 | maintain Gold Seal Quality Care designation, a child care |
65 | facility, large family child care home, or family day care home |
66 | must meet the following additional criteria: |
67 | (a) A child care provider must not have had any Class 1 |
68 | deficiencies, as defined by rule, within the 2 years preceding |
69 | application for Gold Seal Quality Care designation. The |
70 | commission of a Class 1 violation is grounds for the termination |
71 | of Gold Seal Quality Care designation. Gold Seal Quality Care |
72 | designation may not be restored until the provider has had no |
73 | Class 1 violations for 2 consecutive years. |
74 | (b) A child care provider must not have had three or more |
75 | Class 2 deficiencies, as defined by rule, within the 2 years |
76 | preceding application for Gold Seal Quality Care designation. |
77 | The commission of three or more Class 2 violations within a 2- |
78 | year period shall be grounds for termination of Gold Seal |
79 | Quality Care designation. Gold Seal Quality Care designation may |
80 | not be restored until the provider has had no Class 2 violations |
81 | for 1 year. |
82 | (c) A child care provider must not have been cited for the |
83 | same Class 3 violation, as defined by rule, three or more times |
84 | within the 2 consecutive years preceding application for Gold |
85 | Seal Quality Care designation. The commission of the same Class |
86 | 3 violation three or more times during a 2-year period is |
87 | grounds for termination of Gold Seal Quality Care designation. |
88 | Gold Seal Quality Care designation may not be restored until the |
89 | provider has not committed the same Class 3 violation for 1 |
90 | year. |
91 | (4) The Department of Children and Family Services may |
92 | adopt rules under ss. 120.536(1) and 120.54 that provide |
93 | criteria and procedures for reviewing and approving accrediting |
94 | agencies for participation in the Gold Seal Quality Care |
95 | program, conferring and revoking Gold Seal Quality Care |
96 | designation, and classifying violations. |
97 | Section 3. Subsection (13) of section 402.302, Florida |
98 | Statutes, is amended to read: |
99 | 402.302 Definitions.-- |
100 | (13) "Screening" means the act of assessing the background |
101 | of child care personnel and volunteers and includes, but is not |
102 | limited to, employment history checks, local criminal records |
103 | checks through local law enforcement agencies, fingerprinting |
104 | for all purposes and checks in this subsection, statewide |
105 | criminal records checks through the Department of Law |
106 | Enforcement, and federal criminal records checks through the |
107 | Federal Bureau of Investigation; except that screening for |
108 | volunteers included under the definition of personnel includes |
109 | only local criminal records checks through local law enforcement |
110 | agencies for current residence and residence immediately prior |
111 | to employment as a volunteer, if different, and statewide |
112 | criminal records correspondence checks through the Department of |
113 | Law Enforcement. |
114 | Section 4. Section 402.309, Florida Statutes, is amended |
115 | to read: |
116 | 402.309 Provisional license or registration.-- |
117 | (1) The local licensing agency or the department, |
118 | whichever is authorized to license child care facilities in a |
119 | county, may issue a provisional license for child care |
120 | facilities, family day care homes, or large family child care |
121 | homes, or a provisional registration for family day care homes |
122 | to applicants for an initial a license or registration or to |
123 | licensees or registrants seeking a renewal who are unable to |
124 | meet conform to all the standards provided for in ss. 402.301- |
125 | 402.319. |
126 | (2) A No provisional license or registration may not be |
127 | issued unless the operator or owner makes adequate provisions |
128 | for the health and safety of the child. A provisional license |
129 | may be issued for a child care facility if all of the screening |
130 | materials have been timely submitted.; however, A provisional |
131 | license or registration may not be issued unless the child care |
132 | facility, family day care home, or large family child care home |
133 | is in compliance with the requirements for screening of child |
134 | care personnel in ss. 402.305, and 402.3055, 402.313, and |
135 | 402.3131, respectively. |
136 | (3) The provisional license or registration may not shall |
137 | in no event be issued for a period that exceeds in excess of 6 |
138 | months; however, it may be renewed one time for a period that |
139 | may not exceed in excess of 6 months under unusual circumstances |
140 | beyond the control of the applicant. |
141 | (4) The provisional license or registration may be |
142 | suspended or revoked if periodic inspection or review made by |
143 | the local licensing agency or the department indicates that |
144 | insufficient progress has been made toward compliance. |
145 | (5) The department shall adopt rules specifying the |
146 | conditions and procedures under which a provisional license or |
147 | registration may be issued, suspended, or revoked. |
148 | Section 5. Section 402.310, Florida Statutes, is amended |
149 | to read: |
150 | 402.310 Disciplinary actions; hearings upon denial, |
151 | suspension, or revocation of license or registration; |
152 | administrative fines.-- |
153 | (1)(a) The department or local licensing agency may |
154 | administer any of the following disciplinary sanctions for a |
155 | violation of any provision of ss. 402.301-402.319 or rules |
156 | adopted thereunder: deny, suspend, or revoke a license or |
157 | 1. Impose an administrative fine not to exceed $100 per |
158 | violation, per day, for the violation of any provision of ss. |
159 | 402.301-402.319 or rules adopted thereunder. However, if where |
160 | the violation could or does cause death or serious harm, the |
161 | department or local licensing agency may impose an |
162 | administrative fine, not to exceed $500 per violation per day in |
163 | addition to or in lieu of any other disciplinary action imposed |
164 | pursuant to this section. |
165 | 2. Deny, suspend, or revoke a license or registration. |
166 | (b) In determining the appropriate disciplinary action to |
167 | be taken for a violation as provided in paragraph (a), the |
168 | following factors shall be considered: |
169 | 1. The severity of the violation, including the |
170 | probability that death or serious harm to the health or safety |
171 | of any person will result or has resulted, the severity of the |
172 | actual or potential harm, and the extent to which the provisions |
173 | of ss. 402.301-402.319 have been violated. |
174 | 2. Actions taken by the licensee or registrant to correct |
175 | the violation or to remedy complaints. |
176 | 3. Any previous violations of the licensee or registrant. |
177 | (2) When the department has reasonable cause to believe |
178 | that grounds exist for the denial, suspension, or revocation of |
179 | a license or registration or the imposition of an administrative |
180 | fine exist, it shall determine the matter in accordance with |
181 | procedures prescribed in chapter 120. When the local licensing |
182 | agency has reasonable cause to believe that grounds exist for |
183 | the denial, suspension, or revocation of a license or |
184 | registration or imposition of an administrative fine exist, it |
185 | shall notify the applicant, registrant, or licensee in writing, |
186 | stating the grounds upon which the license or registration is |
187 | being denied, suspended, or revoked or an administrative fine is |
188 | being imposed. If the applicant, registrant, or licensee makes |
189 | no written request for a hearing to the local licensing agency |
190 | within 15 days from receipt of such notice, the license or |
191 | registration shall be deemed denied, suspended, or revoked or an |
192 | administrative fine shall be imposed. |
193 | (3) If a request for a hearing is made to the local |
194 | licensing agency, a hearing shall be held within 30 days and |
195 | shall be conducted by an individual designated by the county |
196 | commission. |
197 | (4) An applicant, registrant, or licensee shall have the |
198 | right to appeal a decision of the local licensing agency to a |
199 | representative of the department. Any required hearing shall be |
200 | held in the county in which the child care facility, family day |
201 | care home, or large family child care home is being operated or |
202 | is to be established. The hearing shall be conducted in |
203 | accordance with the provisions of chapter 120. |
204 | Section 6. Paragraphs (b), (c), and (d) of subsection (1) |
205 | and subsection (13) of section 402.313, Florida Statutes, are |
206 | amended to read: |
207 | 402.313 Family day care homes.-- |
208 | (1) Family day care homes shall be licensed under this act |
209 | if they are presently being licensed under an existing county |
210 | licensing ordinance, if they are participating in the subsidized |
211 | child care program, or if the board of county commissioners |
212 | passes a resolution that family day care homes be licensed. If |
213 | no county authority exists for the licensing of a family day |
214 | care home, the department shall have the authority to license |
215 | family day care homes under contract for the purchase-of-service |
216 | system in the subsidized child care program. |
217 | (b) The department or local licensing agency may impose an |
218 | administrative fine, not to exceed $100, for failure to comply |
219 | with licensure or registration requirements. |
220 | (b)(c) A family day care home not participating in the |
221 | subsidized child care program may volunteer to be licensed under |
222 | the provisions of this act. |
223 | (c)(d) The department may provide technical assistance to |
224 | counties and family day care home providers to enable counties |
225 | and family day care providers to achieve compliance with family |
226 | day care homes standards. |
227 | (13) The department shall, by rule, establish minimum |
228 | standards for family day care homes that are required to be |
229 | licensed by county licensing ordinance or county licensing |
230 | resolution or that voluntarily choose to be licensed. The |
231 | standards should include requirements for staffing, training, |
232 | maintenance of immunization records, minimum health and safety |
233 | standards, reduced standards for the regulation of child care |
234 | during evening hours by municipalities and counties, and |
235 | enforcement of standards. |
236 | Section 7. Subsection (1) of section 402.3131, Florida |
237 | Statutes, is amended to read: |
238 | 402.3131 Large family child care homes.-- |
239 | (1) Large family child care homes shall be licensed under |
240 | this section. |
241 | (a) The department or local licensing agency may impose an |
242 | administrative fine, not to exceed $1,000, for failure to comply |
243 | with licensure requirements. |
244 | (a)(b) A licensed family day care home must first have |
245 | operated for a minimum of 2 consecutive years, with an operator |
246 | who has had a child development associate credential or its |
247 | equivalent for 1 year, before seeking licensure as a large |
248 | family child care home. |
249 | (b)(c) The department may provide technical assistance to |
250 | counties and family day care home providers to enable the |
251 | counties and providers to achieve compliance with minimum |
252 | standards for large family child care homes. |
253 | Section 8. This act shall take effect July 1, 2006. |