HB 1231CS

CHAMBER ACTION



1The Future of Florida's Families Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to child care; renumbering and amending s.
8402.3017, F.S.; transferring authority for administration
9of the Teacher Education and Compensation Helps (TEACH)
10scholarship program from the Department of Children and
11Family Services to the Agency for Workforce Innovation;
12amending s. 402.281, F.S.; providing additional criteria
13for a child care provider to obtain and maintain Gold Seal
14Quality Care designation; requiring the Department of
15Children and Family Services to adopt rules; amending s.
16402.302, F.S.; revising the definition of the term
17"screening" to broaden the requirements for the screening
18of volunteers in child care facilities; amending s.
19402.309, F.S.; authorizing the local licensing agency or
20the Department of Children and Family Services to issue a
21provisional license or registration to a child care
22facility, family day care home, or large family child care
23home; providing that a provisional license or registration
24may not be issued unless child care personnel are screened
25according to law; requiring the department to adopt rules
26for issuing, suspending, and revoking provisional licenses
27and registrations; amending s. 402.310, F.S.; providing
28that an increased administrative fine may be imposed in
29addition to or in lieu of other disciplinary actions;
30authorizing the department or local licensing agencies to
31convert a license or registration to probation status for
32a violation of certain laws and rules; authorizing the
33department or local licensing agencies to apply
34disciplinary actions to licensed child care facilities,
35licensed large family child care homes, and licensed or
36registered family day care homes; directing the department
37to adopt rules establishing grounds for imposing
38disciplinary actions for violations of certain laws and
39rules; directing the department to adopt rules to create a
40uniform system of procedures to use for disciplinary
41actions; amending s. 402.313, F.S.; removing a provision
42relating to a fine to conform to changes made by the act;
43requiring minimum safety standards for family day care
44homes; amending s. 402.3131, F.S.; removing a provision
45relating to a fine to conform to changes made by the act;
46creating s. 402.317, F.S.; authorizing the provision of
47child care for a period longer than otherwise authorized
48if a parent or legal guardian works a shift of 24 hours or
49more or during a declared state of emergency; providing an
50effective date.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  Section 402.3017, Florida Statutes, is
55renumbered as section 411.0103, Florida Statutes, and amended to
56read:
57     411.0103 402.3017  Teacher Education and Compensation Helps
58(TEACH) scholarship program.--
59     (1)  The Legislature finds that the level of early child
60care teacher education and training is a key predictor for
61determining program quality. The Legislature also finds that low
62wages for child care workers prevent many from obtaining
63increased training and education and contribute to high turnover
64rates. The Legislature therefore intends to help fund a program
65which links teacher training and education to compensation and
66commitment to the field of early childhood education.
67     (2)  The Agency for Workforce Innovation shall Department
68of Children and Family Services is authorized to contract for
69the administration of the Teacher Education and Compensation
70Helps (TEACH) scholarship program, which provides educational
71scholarships to caregivers and administrators of early childhood
72programs, family day care homes, and large family child care
73homes.
74     (3)  The Agency for Workforce Innovation department shall
75adopt rules under ss. 120.536(1) and 120.54 as necessary to
76administer implement this section.
77     (4)  For the 2005-2006 fiscal year only, the Agency for
78Workforce Innovation shall administer this section. This
79subsection expires July 1, 2006.
80     Section 2.  Subsections (3) and (4) are added to section
81402.281, Florida Statutes, to read:
82     402.281  Gold Seal Quality Care program.--
83     (3)  In order for a child care provider to obtain and
84maintain Gold Seal Quality Care designation, a child care
85facility, large family child care home, or family day care home
86must meet the following additional criteria:
87     (a)  A child care provider must not have had any Class 1
88deficiencies, as defined by rule, within the 2 years preceding
89application for Gold Seal Quality Care designation. The
90commission of a Class 1 violation is grounds for the termination
91of Gold Seal Quality Care designation. Gold Seal Quality Care
92designation may not be restored until the provider has had no
93Class 1 violations for 2 consecutive years.
94     (b)  A child care provider must not have had three or more
95Class 2 deficiencies, as defined by rule, within the 2 years
96preceding application for Gold Seal Quality Care designation.
97The commission of three or more Class 2 violations within a 2-
98year period shall be grounds for termination of Gold Seal
99Quality Care designation. Gold Seal Quality Care designation may
100not be restored until the provider has had no Class 2 violations
101for 1 year.
102     (c)  A child care provider must not have been cited for the
103same Class 3 violation, as defined by rule, three or more times
104within the 2 consecutive years preceding application for Gold
105Seal Quality Care designation. The commission of the same Class
1063 violation three or more times during a 2-year period is
107grounds for termination of Gold Seal Quality Care designation.
108Gold Seal Quality Care designation may not be restored until the
109provider has not committed the same Class 3 violation for 1
110year.
111     (4)  The Department of Children and Family Services shall
112adopt rules under ss. 120.536(1) and 120.54 that provide
113criteria and procedures for reviewing and approving accrediting
114agencies for participation in the Gold Seal Quality Care
115program, conferring and revoking Gold Seal Quality Care
116designation, and classifying violations.
117     Section 3.  Subsection (13) of section 402.302, Florida
118Statutes, is amended to read:
119     402.302  Definitions.--
120     (13)  "Screening" means the act of assessing the background
121of child care personnel and volunteers and includes, but is not
122limited to, employment history checks, local criminal records
123checks through local law enforcement agencies, fingerprinting
124for all purposes and checks in this subsection, statewide
125criminal records checks through the Department of Law
126Enforcement, and federal criminal records checks through the
127Federal Bureau of Investigation; except that screening for
128volunteers included under the definition of personnel includes
129only local criminal records checks through local law enforcement
130agencies for current residence and residence immediately prior
131to employment as a volunteer, if different, and statewide
132criminal records correspondence checks through the Department of
133Law Enforcement.
134     Section 4.  Section 402.309, Florida Statutes, is amended
135to read:
136     402.309  Provisional license or registration.--
137     (1)  The local licensing agency or the department,
138whichever is authorized to license child care facilities in a
139county, may issue a provisional license for child care
140facilities, family day care homes, or large family child care
141homes, or a provisional registration for family day care homes
142to applicants for an initial a license or registration or to
143licensees or registrants seeking a renewal who are unable to
144meet conform to all the standards provided for in ss. 402.301-
145402.319.
146     (2)  A No provisional license or registration may not be
147issued unless the operator or owner makes adequate provisions
148for the health and safety of the child. A provisional license
149may be issued for a child care facility if all of the screening
150materials have been timely submitted.; however, A provisional
151license or registration may not be issued unless the child care
152facility, family day care home, or large family child care home
153is in compliance with the requirements for screening of child
154care personnel in ss. 402.305, and 402.3055, 402.313, and
155402.3131, respectively.
156     (3)  The provisional license or registration may not shall
157in no event be issued for a period that exceeds in excess of 6
158months; however, it may be renewed one time for a period that
159may not exceed in excess of 6 months under unusual circumstances
160beyond the control of the applicant.
161     (4)  The provisional license or registration may be
162suspended or revoked if periodic inspection or review made by
163the local licensing agency or the department indicates that
164insufficient progress has been made toward compliance.
165     (5)  The department shall adopt rules specifying the
166conditions and procedures under which a provisional license or
167registration may be issued, suspended, or revoked.
168     Section 5.  Section 402.310, Florida Statutes, is amended
169to read:
170     402.310  Disciplinary actions; hearings upon denial,
171suspension, or revocation of license or registration;
172administrative fines.--
173     (1)(a)  The department or local licensing agency may
174administer any of the following disciplinary sanctions for a
175violation of any provision of ss. 402.301-402.319 or rules
176adopted thereunder: deny, suspend, or revoke a license or
177     1.  Impose an administrative fine not to exceed $100 per
178violation, per day, for the violation of any provision of ss.
179402.301-402.319 or rules adopted thereunder. However, if where
180the violation could or does cause death or serious harm, the
181department or local licensing agency may impose an
182administrative fine, not to exceed $500 per violation per day in
183addition to or in lieu of any other disciplinary action imposed
184pursuant to this section.
185     2.  Convert a license or registration to probation status
186and require the licensee or registrant to comply with the terms
187of probation. A probation-status license or registration may not
188be issued for a period that exceeds 6 months and the probation-
189status license or registration may not be renewed. A probation-
190status license or registration may be suspended or revoked if
191periodic inspection by the department or local licensing agency
192finds that the probation-status licensee or registrant is not in
193compliance with the terms of probation or that the probation-
194status licensee or registrant is not making sufficient progress
195towards compliance with ss. 402.301-402.319.
196     3.  Deny, suspend, or revoke a license or registration.
197     (b)  In determining the appropriate disciplinary action to
198be taken for a violation as provided in paragraph (a), the
199following factors shall be considered:
200     1.  The severity of the violation, including the
201probability that death or serious harm to the health or safety
202of any person will result or has resulted, the severity of the
203actual or potential harm, and the extent to which the provisions
204of ss. 402.301-402.319 have been violated.
205     2.  Actions taken by the licensee or registrant to correct
206the violation or to remedy complaints.
207     3.  Any previous violations of the licensee or registrant.
208     (c)  The department shall adopt rules to:
209     1.  Establish the grounds under which the department may
210deny, suspend, or revoke a license or registration or place a
211licensee or registrant on probation status for violations of ss.
212402.301-402.319.
213     2.  Establish a uniform system of procedures to impose
214disciplinary sanctions for violations of ss. 402.301-402-319.
215The uniform system of procedures must provide for the consistent
216application of disciplinary actions across districts and a
217progressively increasing level of penalties from predisciplinary
218actions, such as efforts to assist licensees or registrants to
219correct the statutory or regulatory violations, to severe
220disciplinary sanctions for actions that jeopardize the health
221and safety of children, such as for the deliberate misuse of
222medications. The department shall implement this subparagraph on
223January 1, 2007, and the implementation is not contingent upon a
224specific appropriation.
225     (d)  The disciplinary sanctions set forth in this section
226apply to licensed child care facilities, licensed large family
227child care homes, and licensed or registered family day care
228homes.
229     (2)  When the department has reasonable cause to believe
230that grounds exist for the denial, suspension, or revocation of
231a license or registration, the conversion of a license or
232registration to probation status, or the imposition of an
233administrative fine exist, it shall determine the matter in
234accordance with procedures prescribed in chapter 120. When the
235local licensing agency has reasonable cause to believe that
236grounds exist for the denial, suspension, or revocation of a
237license or registration, the conversion of a license or
238registration to probation status, or the imposition of an
239administrative fine exist, it shall notify the applicant,
240registrant, or licensee in writing, stating the grounds upon
241which the license or registration is being denied, suspended, or
242revoked, the license or registration is being converted to
243probation status, or an administrative fine is being imposed. If
244the applicant, registrant, or licensee makes no written request
245for a hearing to the local licensing agency within 15 days after
246from receipt of the such notice, the license or registration
247shall be deemed denied, suspended, or revoked, the license or
248registration shall be converted to probation status, or an
249administrative fine shall be imposed.
250     (3)  If a request for a hearing is made to the local
251licensing agency, a hearing shall be held within 30 days and
252shall be conducted by an individual designated by the county
253commission.
254     (4)  An applicant, registrant, or licensee has shall have
255the right to appeal a decision of the local licensing agency to
256a representative of the department. Any required hearing shall
257be held in the county in which the child care facility, family
258day care home, or large family child care home is being operated
259or is to be established. The hearing shall be conducted in
260accordance with the provisions of chapter 120.
261     Section 6.  Paragraphs (b), (c), and (d) of subsection (1)
262and subsection (13) of section 402.313, Florida Statutes, are
263amended to read:
264     402.313  Family day care homes.--
265     (1)  Family day care homes shall be licensed under this act
266if they are presently being licensed under an existing county
267licensing ordinance, if they are participating in the subsidized
268child care program, or if the board of county commissioners
269passes a resolution that family day care homes be licensed. If
270no county authority exists for the licensing of a family day
271care home, the department shall have the authority to license
272family day care homes under contract for the purchase-of-service
273system in the subsidized child care program.
274     (b)  The department or local licensing agency may impose an
275administrative fine, not to exceed $100, for failure to comply
276with licensure or registration requirements.
277     (b)(c)  A family day care home not participating in the
278subsidized child care program may volunteer to be licensed under
279the provisions of this act.
280     (c)(d)  The department may provide technical assistance to
281counties and family day care home providers to enable counties
282and family day care providers to achieve compliance with family
283day care homes standards.
284     (13)  The department shall, by rule, establish minimum
285standards for family day care homes that are required to be
286licensed by county licensing ordinance or county licensing
287resolution or that voluntarily choose to be licensed. The
288standards should include requirements for staffing, training,
289maintenance of immunization records, minimum health and safety
290standards, reduced standards for the regulation of child care
291during evening hours by municipalities and counties, and
292enforcement of standards.
293     Section 7.  Subsection (1) of section 402.3131, Florida
294Statutes, is amended to read:
295     402.3131  Large family child care homes.--
296     (1)  Large family child care homes shall be licensed under
297this section.
298     (a)  The department or local licensing agency may impose an
299administrative fine, not to exceed $1,000, for failure to comply
300with licensure requirements.
301     (a)(b)  A licensed family day care home must first have
302operated for a minimum of 2 consecutive years, with an operator
303who has had a child development associate credential or its
304equivalent for 1 year, before seeking licensure as a large
305family child care home.
306     (b)(c)  The department may provide technical assistance to
307counties and family day care home providers to enable the
308counties and providers to achieve compliance with minimum
309standards for large family child care homes.
310     Section 8.  Section 402.317, Florida Statutes, is created
311to read:
312     402.317  Prolonged child care.--Notwithstanding the time
313restriction specified in s. 402.302(1), child care may be
314provided for 24 hours or longer for a child whose parent or
315legal guardian works a shift of 24 hours or more. The
316requirement that a parent or legal guardian work a shift of 24
317hours or more must be certified in writing by the employer, and
318the written certification shall be maintained in the facility by
319the child care provider and made available to the licensing
320agency. The time that a child remains in child care, however,
321may not exceed 72 consecutive hours in any 7-day period. During
322a declared state of emergency, the child care licensing agency
323may temporarily waive the time limitations provided in this
324section.
325     Section 9.  This act shall take effect July 1, 2006.


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