Senate Bill sb1510c1

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    Florida Senate - 2006                           CS for SB 1510

    By the Committee on Children and Families; and Senator Lynn





    586-1874-06

  1                      A bill to be entitled

  2         An act relating to child care; amending s.

  3         402.281, F.S.; providing criteria that certain

  4         child care facilities must meet in order to

  5         obtain and maintain a designation as a Gold

  6         Seal Quality Care provider; requiring the

  7         Department of Children and Family Services to

  8         adopt rules pertaining to the Gold Seal Quality

  9         Care program; amending s. 402.302, F.S.;

10         revising the definition of the term "screening"

11         to include volunteers; amending s. 402.310,

12         F.S.; authorizing the department or local

13         licensing agency to administer certain

14         disciplinary sanctions to licensees and

15         registrants; amending s. 402.313, F.S.;

16         deleting a provision that authorizes the

17         department or local licensing agency to impose

18         an administrative fine on family day care homes

19         that fail to comply with licensure or

20         registration requirements; providing that the

21         minimum standards required for family day care

22         homes for licensure should include health and

23         safety standards; amending s. 402.3131, F.S.;

24         deleting a provision that authorizes the

25         department or local licensing agency to impose

26         an administrative fine on large family child

27         care homes that fail to comply with licensure

28         requirements; transferring, renumbering, and

29         amending s. 402.3017, F.S.; revising the

30         provisions of the Teacher Education and

31         Compensation Helps scholarship program;

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 1         authorizing the Agency for Workforce Innovation

 2         to administer the program and adopt rules;

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

 4         issuance of a provisional license or

 5         registration for child care to certain

 6         applicants; prohibiting a provisional license

 7         or registration from being issued under certain

 8         circumstances; authorizing the suspension or

 9         revocation of a provisional license or

10         registration under certain circumstances;

11         requiring the department to adopt rules;

12         creating s. 402.317, F.S.; authorizing the

13         provision of child care for a period longer

14         than otherwise authorized if a parent or legal

15         guardian works a shift of 24 hours or more;

16         providing an effective date.

17  

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

19  

20         Section 1.  Subsections (3) and (4) are added to

21  section 402.281, Florida Statutes, to read:

22         402.281  Gold Seal Quality Care program.--

23         (3)  In order to obtain and maintain a designation as a

24  Gold Seal Quality Care provider, a child care facility, large

25  family child care home, or family day care home must meet the

26  following additional criteria:

27         (a)  The child care provider must not have had any

28  class I violations, as defined by rule, within the 2 years

29  preceding its application for designation as a Gold Seal

30  Quality Care provider.  Commission of a class I violation

31  shall be grounds for termination of the designation as a Gold

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    Florida Senate - 2006                           CS for SB 1510
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 1  Seal Quality Care provider until the provider has no class I

 2  violations for a period of 2 years.

 3         (b)  The child care provider must not have had three or

 4  more class II violations, as defined by rule, within the 2

 5  years preceding its application for designation as a Gold Seal

 6  Quality Care provider.  Commission of three or more class II

 7  violations within a 2-year period shall be grounds for

 8  termination of the designation as a Gold Seal Quality Care

 9  provider until the provider has no class II violations for a

10  period of 1 year.

11         (c)  The child care provider must not have been cited

12  for the same class III violation, as defined by rule, three or

13  more times within the 2 years preceding its application for

14  designation as a Gold Seal Quality Care provider.  Commission

15  of the same class III violation three or more times during a

16  2-year period shall be grounds for termination of the

17  designation as a Gold Seal Quality Care provider until the

18  provider has no class III violations for a period of 1 year.

19         (4)  The Department of Children and Family Services

20  shall adopt rules under ss. 120.536(1) and 120.54 which

21  provide criteria and procedures for reviewing and approving

22  accrediting associations for participation in the Gold Seal

23  Quality Care program, conferring and revoking designations of

24  Gold Seal Quality Care providers, and classifying violations.

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

26  Statutes, is amended to read:

27         402.302  Definitions.--

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

29  background of child care personnel and volunteers and

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

31  local criminal records checks through local law enforcement

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    Florida Senate - 2006                           CS for SB 1510
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 1  agencies, fingerprinting for all purposes and checks in this

 2  subsection, statewide criminal records checks through the

 3  Department of Law Enforcement, and federal criminal records

 4  checks through the Federal Bureau of Investigation; except

 5  that screening for volunteers included under the definition of

 6  personnel includes only local criminal records checks through

 7  local law enforcement agencies for current residence and

 8  residence immediately prior to employment as a volunteer, if

 9  different, and statewide criminal records correspondence

10  checks through the Department of Law Enforcement.

11         Section 3.  Section 402.310, Florida Statutes, is

12  amended to read:

13         402.310  Disciplinary actions; hearings upon denial,

14  suspension, or revocation of license or registration;

15  administrative fines.--

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

17  administer any of the following disciplinary sanctions for a

18  violation of any provision of ss. 402.301-402.319, or the

19  rules adopted thereunder: deny, suspend, or revoke a license

20  or

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

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

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

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

25  the department or local licensing agency may impose an

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

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

28  imposed under this section.

29         2.  Deny, suspend, or revoke a license or registration.

30  

31  

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    Florida Senate - 2006                           CS for SB 1510
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 1         (b)  In determining the appropriate disciplinary action

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

 3  following factors shall be considered:

 4         1.  The severity of the violation, including the

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

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

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

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

 9         2.  Actions taken by the licensee or registrant to

10  correct the violation or to remedy complaints.

11         3.  Any previous violations of the licensee or

12  registrant.

13         (2)  When the department has reasonable cause to

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

15  revocation of a license or registration or the imposition of

16  an administrative fine exist, it shall determine the matter in

17  accordance with procedures prescribed in chapter 120. When the

18  local licensing agency has reasonable cause to believe that

19  grounds exist for the denial, suspension, or revocation of a

20  license or registration or the imposition of an administrative

21  fine exist, it shall notify the applicant, registrant, or

22  licensee in writing, stating the grounds upon which the

23  license or registration is being denied, suspended, or revoked

24  or an administrative fine is being imposed. If the applicant,

25  registrant, or licensee makes no written request for a hearing

26  to the local licensing agency within 15 days from receipt of

27  such notice, the license or registration shall be deemed

28  denied, suspended, or revoked or an administrative fine shall

29  be imposed.

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

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

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 1  shall be conducted by an individual designated by the county

 2  commission.

 3         (4)  An applicant, registrant, or licensee shall have

 4  the right to appeal a decision of the local licensing agency

 5  to a representative of the department. Any required hearing

 6  shall be held in the county in which the child care facility,

 7  family day care home, or large family child care home is being

 8  operated or is to be established. The hearing shall be

 9  conducted in accordance with the provisions of chapter 120.

10         Section 4.  Paragraphs (b), (c), and (d) of subsection

11  (1) and subsection (13) of section 402.313, Florida Statutes,

12  are amended to read:

13         402.313  Family day care homes.--

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

15  act if they are presently being licensed under an existing

16  county licensing ordinance, if they are participating in the

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

18  commissioners passes a resolution that family day care homes

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

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

21  authority to license family day care homes under contract for

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

23  program.

24         (b)  The department or local licensing agency may

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

26  to comply with licensure or registration requirements.

27         (b)(c)  A family day care home not participating in the

28  subsidized child care program may volunteer to be licensed

29  under the provisions of this act.

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

31  to counties and family day care home providers to enable

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    Florida Senate - 2006                           CS for SB 1510
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 1  counties and family day care providers to achieve compliance

 2  with family day care homes standards.

 3         (13)  The department shall, by rule, establish minimum

 4  standards for family day care homes that are required to be

 5  licensed by county licensing ordinance or county licensing

 6  resolution or that voluntarily choose to be licensed. The

 7  standards should include requirements for staffing, training,

 8  maintenance of immunization records, minimum health and safety

 9  standards, reduced standards for the regulation of child care

10  during evening hours by municipalities and counties, and

11  enforcement of standards.

12         Section 5.  Subsection (1) of section 402.3131, Florida

13  Statutes, is amended to read:

14         402.3131  Large family child care homes.--

15         (1)  Large family child care homes shall be licensed

16  under this section.

17         (a)  The department or local licensing agency may

18  impose an administrative fine, not to exceed $1,000, for

19  failure to comply with licensure requirements.

20         (a)(b)  A licensed family day care home must first have

21  operated for a minimum of 2 consecutive years, with an

22  operator who has had a child development associate credential

23  or its equivalent for 1 year, before seeking licensure as a

24  large family child care home.

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

26  to counties and family day care home providers to enable the

27  counties and providers to achieve compliance with minimum

28  standards for large family child care homes.

29         Section 6.  Section 402.3017, Florida Statutes, is

30  renumbered as section 411.0103, Florida Statutes, and amended

31  to read:

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 1         411.0103 402.3017  Teacher Education and Compensation

 2  Helps (TEACH) scholarship program.--

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

 4  child care teacher education and training is a key predictor

 5  for determining program quality. The Legislature also finds

 6  that low wages for child care workers prevent many from

 7  obtaining increased training and education and contribute to

 8  high turnover rates. The Legislature therefore intends to help

 9  fund a program which links teacher training and education to

10  compensation and commitment to the field of early childhood

11  education.

12         (2)  The Agency for Workforce Innovation may Department

13  of Children and Family Services is authorized to contract for

14  the administration of the Teacher Education and Compensation

15  Helps (TEACH) scholarship program, which provides educational

16  scholarships to caregivers and administrators of early

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

18  child care homes.

19         (3)  The agency department shall adopt rules under ss.

20  120.536(1) and 120.54 as necessary to administer implement

21  this section.

22         (4)  For the 2005-2006 fiscal year only, the Agency for

23  Workforce Innovation shall administer this section. This

24  subsection expires July 1, 2006.

25         Section 7.  Section 402.309, Florida Statutes, is

26  amended to read:

27         402.309  Provisional license or registration.--

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

29  whichever is authorized to license child care facilities in a

30  county, may issue a provisional license for child care

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

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    Florida Senate - 2006                           CS for SB 1510
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 1  homes, or a provisional registration for family day care homes

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

 3  licensees or registrants seeking a renewal who are unable to

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

 5  402.301-402.319.

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

 7  be issued unless the operator or owner makes adequate

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

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

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

11  however, A provisional license or registration may not be

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

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

14  requirements for screening of child care personnel in ss.

15  402.305, and 402.3055, 402.313, and 402.3131, respectively.

16         (3)  The provisional license or registration may not

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

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

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

20  circumstances beyond the control of the applicant.

21         (4)  The provisional license or registration may be

22  suspended or revoked if periodic inspection or review made by

23  the local licensing agency or the department indicates that

24  insufficient progress has been made toward compliance.

25         (5)  The department shall adopt rules specifying the

26  conditions and procedures under which a provisional license or

27  registration may be issued, suspended, or revoked.

28         Section 8.  Section 402.317, Florida Statutes, is

29  created to read:

30         402.317  Prolonged child care.--Notwithstanding the

31  time restriction specified in s. 402.302(1), child care may be

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    Florida Senate - 2006                           CS for SB 1510
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 1  provided for 24 hours or longer for a child whose parent or

 2  legal guardian works a shift of 24 hours or more. The

 3  requirement that a parent or legal guardian work a shift of 24

 4  hours or more must be certified in writing by the employer,

 5  and the written certification shall be maintained in the

 6  facility by the child care provider and made available to the

 7  licensing agency. The time that a child remains in child care,

 8  however, may not exceed 72 consecutive hours in any 7-day

 9  period. During a declared state of emergency, the child care

10  licensing agency may temporarily waive the time limitations

11  provided in this section.

12         Section 9.  This act shall take effect July 1, 2006.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                             SB 1510

16                                 

17  Requires rather than authorizes the Department of Children and
    Family Services (DCF) to adopt rules relating to the Gold Seal
18  Quality Care program;

19  Authorizes the Agency for Workforce Innovation to administer
    the Teacher Education and Compensation Helps (TEACH) program;
20  
    Authorizes DCF to issue provisional registrations for
21  identified child care facilities and to suspend or revoke
    these registrations under specified circumstances;
22  
    Requires DCF to adopt rules relating to provisional licenses
23  and registrations of child care facilities;

24  Creates s. 402.317, F.S., authorizing the provision of child
    care for a period longer than otherwise authorized if a parent
25  or legal guardian works a shift of 24 hours or more.

26  

27  

28  

29  

30  

31  

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