HB 1231

1
A bill to be entitled
2An act relating to child care; renumbering and amending s.
3402.3017, F.S.; transferring authority for administration
4of the Teacher Education and Compensation Helps (TEACH)
5scholarship program from the Department of Children and
6Family Services to the Agency for Workforce Innovation;
7amending s. 402.281, F.S.; providing additional criteria
8for a child care provider to obtain and maintain Gold Seal
9Quality Care designation; authorizing the Department of
10Children and Family Services to adopt rules; amending s.
11402.302, F.S.; revising the definition of the term
12"screening" to broaden the requirements for the screening
13of volunteers in child care facilities; amending s.
14402.309, F.S.; authorizing the local licensing agency or
15the Department of Children and Family Services to issue a
16provisional license or registration to a child care
17facility, family day care home, or large family child care
18home; providing that a provisional license or registration
19may not be issued unless child care personnel are screened
20according to law; requiring the department to adopt rules
21for issuing, suspending, and revoking provisional licenses
22and registrations; amending s. 402.310, F.S.; revising
23applicability of disciplinary actions and fines to include
24certain providers registered with the department; amending
25s. 402.313, F.S.; removing a provision relating to a fine
26to conform to changes made by the act; requiring minimum
27safety standards for family day care homes; amending s.
28402.3131, F.S.; removing a provision relating to a fine to
29conform to changes made by the act; providing an effective
30date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Section 402.3017, Florida Statutes, is
35renumbered as section 411.0103, Florida Statutes, and amended to
36read:
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
40care teacher education and training is a key predictor for
41determining program quality. The Legislature also finds that low
42wages for child care workers prevent many from obtaining
43increased training and education and contribute to high turnover
44rates. The Legislature therefore intends to help fund a program
45which links teacher training and education to compensation and
46commitment to the field of early childhood education.
47     (2)  The Agency for Workforce Innovation shall Department
48of Children and Family Services is authorized to contract for
49the administration of the Teacher Education and Compensation
50Helps (TEACH) scholarship program, which provides educational
51scholarships to caregivers and administrators of early childhood
52programs, family day care homes, and large family child care
53homes.
54     (3)  The Agency for Workforce Innovation department shall
55adopt rules under ss. 120.536(1) and 120.54 as necessary to
56administer implement this section.
57     (4)  For the 2005-2006 fiscal year only, the Agency for
58Workforce Innovation shall administer this section. This
59subsection expires July 1, 2006.
60     Section 2.  Subsections (3) and (4) are added to section
61402.281, Florida Statutes, to read:
62     402.281  Gold Seal Quality Care program.--
63     (3)  In order for a child care provider to obtain and
64maintain Gold Seal Quality Care designation, a child care
65facility, large family child care home, or family day care home
66must meet the following additional criteria:
67     (a)  A child care provider must not have had any Class 1
68deficiencies, as defined by rule, within the 2 years preceding
69application for Gold Seal Quality Care designation. The
70commission of a Class 1 violation is grounds for the termination
71of Gold Seal Quality Care designation. Gold Seal Quality Care
72designation may not be restored until the provider has had no
73Class 1 violations for 2 consecutive years.
74     (b)  A child care provider must not have had three or more
75Class 2 deficiencies, as defined by rule, within the 2 years
76preceding application for Gold Seal Quality Care designation.
77The commission of three or more Class 2 violations within a 2-
78year period shall be grounds for termination of Gold Seal
79Quality Care designation. Gold Seal Quality Care designation may
80not be restored until the provider has had no Class 2 violations
81for 1 year.
82     (c)  A child care provider must not have been cited for the
83same Class 3 violation, as defined by rule, three or more times
84within the 2 consecutive years preceding application for Gold
85Seal Quality Care designation. The commission of the same Class
863 violation three or more times during a 2-year period is
87grounds for termination of Gold Seal Quality Care designation.
88Gold Seal Quality Care designation may not be restored until the
89provider has not committed the same Class 3 violation for 1
90year.
91     (4)  The Department of Children and Family Services may
92adopt rules under ss. 120.536(1) and 120.54 that provide
93criteria and procedures for reviewing and approving accrediting
94agencies for participation in the Gold Seal Quality Care
95program, conferring and revoking Gold Seal Quality Care
96designation, and classifying violations.
97     Section 3.  Subsection (13) of section 402.302, Florida
98Statutes, is amended to read:
99     402.302  Definitions.--
100     (13)  "Screening" means the act of assessing the background
101of child care personnel and volunteers and includes, but is not
102limited to, employment history checks, local criminal records
103checks through local law enforcement agencies, fingerprinting
104for all purposes and checks in this subsection, statewide
105criminal records checks through the Department of Law
106Enforcement, and federal criminal records checks through the
107Federal Bureau of Investigation; except that screening for
108volunteers included under the definition of personnel includes
109only local criminal records checks through local law enforcement
110agencies for current residence and residence immediately prior
111to employment as a volunteer, if different, and statewide
112criminal records correspondence checks through the Department of
113Law Enforcement.
114     Section 4.  Section 402.309, Florida Statutes, is amended
115to read:
116     402.309  Provisional license or registration.--
117     (1)  The local licensing agency or the department,
118whichever is authorized to license child care facilities in a
119county, may issue a provisional license for child care
120facilities, family day care homes, or large family child care
121homes, or a provisional registration for family day care homes
122to applicants for an initial a license or registration or to
123licensees or registrants seeking a renewal who are unable to
124meet conform to all the standards provided for in ss. 402.301-
125402.319.
126     (2)  A No provisional license or registration may not be
127issued unless the operator or owner makes adequate provisions
128for the health and safety of the child. A provisional license
129may be issued for a child care facility if all of the screening
130materials have been timely submitted.; however, A provisional
131license or registration may not be issued unless the child care
132facility, family day care home, or large family child care home
133is in compliance with the requirements for screening of child
134care personnel in ss. 402.305, and 402.3055, 402.313, and
135402.3131, respectively.
136     (3)  The provisional license or registration may not shall
137in no event be issued for a period that exceeds in excess of 6
138months; however, it may be renewed one time for a period that
139may not exceed in excess of 6 months under unusual circumstances
140beyond the control of the applicant.
141     (4)  The provisional license or registration may be
142suspended or revoked if periodic inspection or review made by
143the local licensing agency or the department indicates that
144insufficient progress has been made toward compliance.
145     (5)  The department shall adopt rules specifying the
146conditions and procedures under which a provisional license or
147registration may be issued, suspended, or revoked.
148     Section 5.  Section 402.310, Florida Statutes, is amended
149to read:
150     402.310  Disciplinary actions; hearings upon denial,
151suspension, or revocation of license or registration;
152administrative fines.--
153     (1)(a)  The department or local licensing agency may
154administer any of the following disciplinary sanctions for a
155violation of any provision of ss. 402.301-402.319 or rules
156adopted thereunder: deny, suspend, or revoke a license or
157     1.  Impose an administrative fine not to exceed $100 per
158violation, per day, for the violation of any provision of ss.
159402.301-402.319 or rules adopted thereunder. However, if where
160the violation could or does cause death or serious harm, the
161department or local licensing agency may impose an
162administrative fine, not to exceed $500 per violation per day in
163addition to or in lieu of any other disciplinary action imposed
164pursuant to this section.
165     2.  Deny, suspend, or revoke a license or registration.
166     (b)  In determining the appropriate disciplinary action to
167be taken for a violation as provided in paragraph (a), the
168following factors shall be considered:
169     1.  The severity of the violation, including the
170probability that death or serious harm to the health or safety
171of any person will result or has resulted, the severity of the
172actual or potential harm, and the extent to which the provisions
173of ss. 402.301-402.319 have been violated.
174     2.  Actions taken by the licensee or registrant to correct
175the 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
178that grounds exist for the denial, suspension, or revocation of
179a license or registration or the imposition of an administrative
180fine exist, it shall determine the matter in accordance with
181procedures prescribed in chapter 120. When the local licensing
182agency has reasonable cause to believe that grounds exist for
183the denial, suspension, or revocation of a license or
184registration or imposition of an administrative fine exist, it
185shall notify the applicant, registrant, or licensee in writing,
186stating the grounds upon which the license or registration is
187being denied, suspended, or revoked or an administrative fine is
188being imposed. If the applicant, registrant, or licensee makes
189no written request for a hearing to the local licensing agency
190within 15 days from receipt of such notice, the license or
191registration shall be deemed denied, suspended, or revoked or an
192administrative fine shall be imposed.
193     (3)  If a request for a hearing is made to the local
194licensing agency, a hearing shall be held within 30 days and
195shall be conducted by an individual designated by the county
196commission.
197     (4)  An applicant, registrant, or licensee shall have the
198right to appeal a decision of the local licensing agency to a
199representative of the department. Any required hearing shall be
200held in the county in which the child care facility, family day
201care home, or large family child care home is being operated or
202is to be established. The hearing shall be conducted in
203accordance with the provisions of chapter 120.
204     Section 6.  Paragraphs (b), (c), and (d) of subsection (1)
205and subsection (13) of section 402.313, Florida Statutes, are
206amended to read:
207     402.313  Family day care homes.--
208     (1)  Family day care homes shall be licensed under this act
209if they are presently being licensed under an existing county
210licensing ordinance, if they are participating in the subsidized
211child care program, or if the board of county commissioners
212passes a resolution that family day care homes be licensed. If
213no county authority exists for the licensing of a family day
214care home, the department shall have the authority to license
215family day care homes under contract for the purchase-of-service
216system in the subsidized child care program.
217     (b)  The department or local licensing agency may impose an
218administrative fine, not to exceed $100, for failure to comply
219with licensure or registration requirements.
220     (b)(c)  A family day care home not participating in the
221subsidized child care program may volunteer to be licensed under
222the provisions of this act.
223     (c)(d)  The department may provide technical assistance to
224counties and family day care home providers to enable counties
225and family day care providers to achieve compliance with family
226day care homes standards.
227     (13)  The department shall, by rule, establish minimum
228standards for family day care homes that are required to be
229licensed by county licensing ordinance or county licensing
230resolution or that voluntarily choose to be licensed. The
231standards should include requirements for staffing, training,
232maintenance of immunization records, minimum health and safety
233standards, reduced standards for the regulation of child care
234during evening hours by municipalities and counties, and
235enforcement of standards.
236     Section 7.  Subsection (1) of section 402.3131, Florida
237Statutes, is amended to read:
238     402.3131  Large family child care homes.--
239     (1)  Large family child care homes shall be licensed under
240this section.
241     (a)  The department or local licensing agency may impose an
242administrative fine, not to exceed $1,000, for failure to comply
243with licensure requirements.
244     (a)(b)  A licensed family day care home must first have
245operated for a minimum of 2 consecutive years, with an operator
246who has had a child development associate credential or its
247equivalent for 1 year, before seeking licensure as a large
248family child care home.
249     (b)(c)  The department may provide technical assistance to
250counties and family day care home providers to enable the
251counties and providers to achieve compliance with minimum
252standards for large family child care homes.
253     Section 8.  This act shall take effect July 1, 2006.


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