Senate Bill sb1510c1
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Florida Senate - 2006 CS for SB 1510
By the Committee on Children and Families; and Senator Lynn
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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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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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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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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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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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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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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.
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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.
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