HB 1231CS

CHAMBER ACTION



1The Health & Families Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to child care; renumbering and amending s.
7402.3017, F.S.; transferring authority for administration
8of the Teacher Education and Compensation Helps (TEACH)
9scholarship program from the Department of Children and
10Family Services to the Agency for Workforce Innovation;
11amending s. 402.281, F.S.; providing additional criteria
12for a child care provider to obtain and maintain Gold Seal
13Quality Care designation; requiring the Department of
14Children and Family Services to adopt rules; amending s.
15402.302, F.S.; revising the definition of the term
16"screening" to broaden the requirements for the screening
17of volunteers in child care facilities; amending s.
18402.309, F.S.; authorizing the local licensing agency or
19the Department of Children and Family Services to issue a
20provisional license or registration to a child care
21facility, family day care home, or large family child care
22home; providing that a provisional license or registration
23may not be issued unless child care personnel are screened
24according to law; requiring the department to adopt rules
25for issuing, suspending, and revoking provisional licenses
26and registrations; amending s. 402.310, F.S.; providing
27that an increased administrative fine may be imposed in
28addition to or in lieu of other disciplinary actions;
29authorizing the department or local licensing agencies to
30convert a license or registration to probation status for
31a violation of certain laws and rules; authorizing the
32department or local licensing agencies to apply
33disciplinary actions to licensed child care facilities,
34licensed large family child care homes, and licensed or
35registered family day care homes; directing the department
36to adopt rules establishing grounds for imposing
37disciplinary actions for violations of certain laws and
38rules; directing the department to adopt rules to create a
39uniform system of procedures to use for disciplinary
40actions; amending s. 402.313, F.S.; removing a provision
41relating to a fine to conform to changes made by the act;
42requiring minimum safety standards for family day care
43homes; amending s. 402.3131, F.S.; removing a provision
44relating to a fine to conform to changes made by the act;
45creating s. 402.317, F.S.; authorizing the provision of
46child care for a period longer than otherwise authorized
47if a parent or legal guardian works a shift of 24 hours or
48more or during a declared state of emergency; providing an
49effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Section 402.3017, Florida Statutes, is
54renumbered as section 411.0103, Florida Statutes, and amended to
55read:
56     411.0103 402.3017  Teacher Education and Compensation Helps
57(TEACH) scholarship program.--
58     (1)  The Legislature finds that the level of early child
59care teacher education and training is a key predictor for
60determining program quality. The Legislature also finds that low
61wages for child care workers prevent many from obtaining
62increased training and education and contribute to high turnover
63rates. The Legislature therefore intends to help fund a program
64which links teacher training and education to compensation and
65commitment to the field of early childhood education.
66     (2)  The Agency for Workforce Innovation Department of
67Children and Family Services is authorized to contract for the
68administration of the Teacher Education and Compensation Helps
69(TEACH) scholarship program, which provides educational
70scholarships to caregivers and administrators of early childhood
71programs, family day care homes, and large family child care
72homes.
73     (3)  The Agency for Workforce Innovation department shall
74adopt rules under ss. 120.536(1) and 120.54 as necessary to
75administer implement this section.
76     (4)  For the 2005-2006 fiscal year only, the Agency for
77Workforce Innovation shall administer this section. This
78subsection expires July 1, 2006.
79     Section 2.  Subsections (3) and (4) are added to section
80402.281, Florida Statutes, to read:
81     402.281  Gold Seal Quality Care program.--
82     (3)  In order for a child care provider to obtain and
83maintain Gold Seal Quality Care designation, a child care
84facility, large family child care home, or family day care home
85must meet the following additional criteria:
86     (a)  A child care provider must not have had any Class 1
87deficiencies, as defined by rule, within the 2 years preceding
88application for Gold Seal Quality Care designation. The
89commission of a Class 1 violation is grounds for the termination
90of Gold Seal Quality Care designation. Gold Seal Quality Care
91designation may not be restored until the provider has had no
92Class 1 violations for 2 consecutive years.
93     (b)  A child care provider must not have had three or more
94Class 2 deficiencies, as defined by rule, within the 2 years
95preceding application for Gold Seal Quality Care designation.
96The commission of three or more Class 2 violations within a 2-
97year period shall be grounds for termination of Gold Seal
98Quality Care designation. Gold Seal Quality Care designation may
99not be restored until the provider has had no Class 2 violations
100for 1 year.
101     (c)  A child care provider must not have been cited for the
102same Class 3 violation, as defined by rule, three or more times
103within the 2 consecutive years preceding application for Gold
104Seal Quality Care designation. The commission of the same Class
1053 violation three or more times during a 2-year period is
106grounds for termination of Gold Seal Quality Care designation.
107Gold Seal Quality Care designation may not be restored until the
108provider has not committed the same Class 3 violation for 1
109year.
110     (4)  The Department of Children and Family Services shall
111adopt rules under ss. 120.536(1) and 120.54 that provide
112criteria and procedures for reviewing and approving accrediting
113agencies for participation in the Gold Seal Quality Care
114program, conferring and revoking Gold Seal Quality Care
115designation, and classifying violations.
116     Section 3.  Subsection (13) of section 402.302, Florida
117Statutes, is amended to read:
118     402.302  Definitions.--
119     (13)  "Screening" means the act of assessing the background
120of child care personnel and volunteers and includes, but is not
121limited to, employment history checks, local criminal records
122checks through local law enforcement agencies, fingerprinting
123for all purposes and checks in this subsection, statewide
124criminal records checks through the Department of Law
125Enforcement, and federal criminal records checks through the
126Federal Bureau of Investigation; except that screening for
127volunteers included under the definition of personnel includes
128only local criminal records checks through local law enforcement
129agencies for current residence and residence immediately prior
130to employment as a volunteer, if different, and statewide
131criminal records correspondence checks through the Department of
132Law Enforcement.
133     Section 4.  Section 402.309, Florida Statutes, is amended
134to read:
135     402.309  Provisional license or registration.--
136     (1)  The local licensing agency or the department,
137whichever is authorized to license child care facilities in a
138county, may issue a provisional license for child care
139facilities, family day care homes, or large family child care
140homes, or a provisional registration for family day care homes
141to applicants for an initial a license or registration or to
142licensees or registrants seeking a renewal who are unable to
143meet conform to all the standards provided for in ss. 402.301-
144402.319.
145     (2)  A No provisional license or registration may not be
146issued unless the operator or owner makes adequate provisions
147for the health and safety of the child. A provisional license
148may be issued for a child care facility if all of the screening
149materials have been timely submitted.; however, A provisional
150license or registration may not be issued unless the child care
151facility, family day care home, or large family child care home
152is in compliance with the requirements for screening of child
153care personnel in ss. 402.305, and 402.3055, 402.313, and
154402.3131, respectively.
155     (3)  The provisional license or registration may not shall
156in no event be issued for a period that exceeds in excess of 6
157months; however, it may be renewed one time for a period that
158may not exceed in excess of 6 months under unusual circumstances
159beyond the control of the applicant.
160     (4)  The provisional license or registration may be
161suspended or revoked if periodic inspection or review made by
162the local licensing agency or the department indicates that
163insufficient progress has been made toward compliance.
164     (5)  The department shall adopt rules specifying the
165conditions and procedures under which a provisional license or
166registration may be issued, suspended, or revoked.
167     Section 5.  Section 402.310, Florida Statutes, is amended
168to read:
169     402.310  Disciplinary actions; hearings upon denial,
170suspension, or revocation of license or registration;
171administrative fines.--
172     (1)(a)  The department or local licensing agency may
173administer any of the following disciplinary sanctions for a
174violation of any provision of ss. 402.301-402.319 or rules
175adopted thereunder: deny, suspend, or revoke a license or
176     1.  Impose an administrative fine not to exceed $100 per
177violation, per day, for the violation of any provision of ss.
178402.301-402.319 or rules adopted thereunder. However, if where
179the violation could or does cause death or serious harm, the
180department or local licensing agency may impose an
181administrative fine, not to exceed $500 per violation per day in
182addition to or in lieu of any other disciplinary action imposed
183pursuant to this section.
184     2.  Convert a license or registration to probation status
185and require the licensee or registrant to comply with the terms
186of probation. A probation-status license or registration may not
187be issued for a period that exceeds 6 months and the probation-
188status license or registration may not be renewed. A probation-
189status license or registration may be suspended or revoked if
190periodic inspection by the department or local licensing agency
191finds that the probation-status licensee or registrant is not in
192compliance with the terms of probation or that the probation-
193status licensee or registrant is not making sufficient progress
194towards compliance with ss. 402.301-402.319.
195     3.  Deny, suspend, or revoke a license or registration.
196     (b)  In determining the appropriate disciplinary action to
197be taken for a violation as provided in paragraph (a), the
198following factors shall be considered:
199     1.  The severity of the violation, including the
200probability that death or serious harm to the health or safety
201of any person will result or has resulted, the severity of the
202actual or potential harm, and the extent to which the provisions
203of ss. 402.301-402.319 have been violated.
204     2.  Actions taken by the licensee or registrant to correct
205the violation or to remedy complaints.
206     3.  Any previous violations of the licensee or registrant.
207     (c)  The department shall adopt rules to:
208     1.  Establish the grounds under which the department may
209deny, suspend, or revoke a license or registration or place a
210licensee or registrant on probation status for violations of ss.
211402.301-402.319.
212     2.  Establish a uniform system of procedures to impose
213disciplinary sanctions for violations of ss. 402.301-402-319.
214The uniform system of procedures must provide for the consistent
215application of disciplinary actions across districts and a
216progressively increasing level of penalties from predisciplinary
217actions, such as efforts to assist licensees or registrants to
218correct the statutory or regulatory violations, to severe
219disciplinary sanctions for actions that jeopardize the health
220and safety of children, such as for the deliberate misuse of
221medications. The department shall implement this subparagraph on
222January 1, 2007, and the implementation is not contingent upon a
223specific appropriation.
224     (d)  The disciplinary sanctions set forth in this section
225apply to licensed child care facilities, licensed large family
226child care homes, and licensed or registered family day care
227homes.
228     (2)  When the department has reasonable cause to believe
229that grounds exist for the denial, suspension, or revocation of
230a license or registration, the conversion of a license or
231registration to probation status, or the imposition of an
232administrative fine exist, it shall determine the matter in
233accordance with procedures prescribed in chapter 120. When the
234local licensing agency has reasonable cause to believe that
235grounds exist for the denial, suspension, or revocation of a
236license or registration, the conversion of a license or
237registration to probation status, or the imposition of an
238administrative fine exist, it shall notify the applicant,
239registrant, or licensee in writing, stating the grounds upon
240which the license or registration is being denied, suspended, or
241revoked, the license or registration is being converted to
242probation status, or an administrative fine is being imposed. If
243the applicant, registrant, or licensee makes no written request
244for a hearing to the local licensing agency within 15 days after
245from receipt of the such notice, the license or registration
246shall be deemed denied, suspended, or revoked, the license or
247registration shall be converted to probation status, or an
248administrative fine shall be imposed.
249     (3)  If a request for a hearing is made to the local
250licensing agency, a hearing shall be held within 30 days and
251shall be conducted by an individual designated by the county
252commission.
253     (4)  An applicant, registrant, or licensee has shall have
254the right to appeal a decision of the local licensing agency to
255a representative of the department. Any required hearing shall
256be held in the county in which the child care facility, family
257day care home, or large family child care home is being operated
258or is to be established. The hearing shall be conducted in
259accordance with the provisions of chapter 120.
260     Section 6.  Paragraphs (b), (c), and (d) of subsection (1)
261and subsection (13) of section 402.313, Florida Statutes, are
262amended to read:
263     402.313  Family day care homes.--
264     (1)  Family day care homes shall be licensed under this act
265if they are presently being licensed under an existing county
266licensing ordinance, if they are participating in the subsidized
267child care program, or if the board of county commissioners
268passes a resolution that family day care homes be licensed. If
269no county authority exists for the licensing of a family day
270care home, the department shall have the authority to license
271family day care homes under contract for the purchase-of-service
272system in the subsidized child care program.
273     (b)  The department or local licensing agency may impose an
274administrative fine, not to exceed $100, for failure to comply
275with licensure or registration requirements.
276     (b)(c)  A family day care home not participating in the
277subsidized child care program may volunteer to be licensed under
278the provisions of this act.
279     (c)(d)  The department may provide technical assistance to
280counties and family day care home providers to enable counties
281and family day care providers to achieve compliance with family
282day care homes standards.
283     (13)  The department shall, by rule, establish minimum
284standards for family day care homes that are required to be
285licensed by county licensing ordinance or county licensing
286resolution or that voluntarily choose to be licensed. The
287standards should include requirements for staffing, training,
288maintenance of immunization records, minimum health and safety
289standards, reduced standards for the regulation of child care
290during evening hours by municipalities and counties, and
291enforcement of standards.
292     Section 7.  Subsection (1) of section 402.3131, Florida
293Statutes, is amended to read:
294     402.3131  Large family child care homes.--
295     (1)  Large family child care homes shall be licensed under
296this section.
297     (a)  The department or local licensing agency may impose an
298administrative fine, not to exceed $1,000, for failure to comply
299with licensure requirements.
300     (a)(b)  A licensed family day care home must first have
301operated for a minimum of 2 consecutive years, with an operator
302who has had a child development associate credential or its
303equivalent for 1 year, before seeking licensure as a large
304family child care home.
305     (b)(c)  The department may provide technical assistance to
306counties and family day care home providers to enable the
307counties and providers to achieve compliance with minimum
308standards for large family child care homes.
309     Section 8.  Section 402.317, Florida Statutes, is created
310to read:
311     402.317  Prolonged child care.--Notwithstanding the time
312restriction specified in s. 402.302(1), child care may be
313provided for 24 hours or longer for a child whose parent or
314legal guardian works a shift of 24 hours or more. The
315requirement that a parent or legal guardian work a shift of 24
316hours or more must be certified in writing by the employer, and
317the written certification shall be maintained in the facility by
318the child care provider and made available to the licensing
319agency. The time that a child remains in child care, however,
320may not exceed 72 consecutive hours in any 7-day period. During
321a declared state of emergency, the child care licensing agency
322may temporarily waive the time limitations provided in this
323section.
324     Section 9.  This act shall take effect July 1, 2006.


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