Senate Bill sb1656
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Florida Senate - 2006 SB 1656
By Senator Lynn
7-88-06
1 A bill to be entitled
2 An act relating to family child care homes;
3 amending ss. 125.0109 and 166.0445, F.S.;
4 redesignating family day care homes as "family
5 child care homes"; deleting provisions relating
6 to the regulation of registered family child
7 care homes under local zoning regulations;
8 conforming provisions to the licensure statute;
9 amending s. 402.27, F.S.; requiring licensed
10 family child care homes and large family child
11 care homes to provide specified information to
12 resource and referral agencies; amending s.
13 402.302, F.S.; defining the term "family child
14 care home"; amending s. 402.3051, F.S.;
15 deleting references to registered family child
16 care homes; conforming provisions to the
17 licensure statute; amending s. 402.306, F.S.;
18 requiring the Department of Children and Family
19 Services and local licensing agencies to
20 provide information on large family child care
21 homes; deleting reference to registered family
22 care homes; conforming provisions to the
23 licensure statute; amending s. 402.312, F.S.;
24 deleting provisions relating to the
25 registration of family child care homes;
26 amending s. 402.313, F.S.; requiring all family
27 child care homes to be licensed; deleting
28 provisions relating to the registration of
29 family child care homes; deleting provisions
30 relating to the voluntary licensing of family
31 child care homes; requiring registered family
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1 child care homes to obtain a license by a
2 specified date; requiring the Department of
3 Children and Family Services to adopt rules for
4 minimum licensing standards; amending ss.
5 409.1671 and 627.70161, F.S.; deleting
6 provisions relating to registered family child
7 care homes; conforming provisions to the
8 licensure statute; reenacting s. 400.953(3),
9 F.S., relating to proof of compliance with
10 background screening requirements, to
11 incorporate the amendment to s. 402.313, F.S.,
12 in a reference thereto; providing that the act
13 will not take effect unless a specified number
14 of positions are funded for licensing family
15 child care homes; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 125.0109, Florida Statutes, is
20 amended to read:
21 125.0109 Family child day care homes; local zoning
22 regulation.--The operation of a residence as a family child
23 day care home, as defined by law, registered or licensed with
24 the Department of Children and Family Services constitutes
25 shall constitute a valid residential use for purposes of any
26 local zoning regulations, and the no such regulation may not
27 shall require the owner or operator of the such family child
28 day care home to obtain any special exemption or use permit or
29 waiver, or to pay any special fee in excess of $50, to operate
30 in an area zoned for residential use.
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1 Section 2. Section 166.0445, Florida Statutes, is
2 amended to read:
3 166.0445 Family child day care homes; local zoning
4 regulation.--The operation of a residence as a family child
5 day care home, as defined by law, registered or licensed with
6 the Department of Children and Family Services constitutes
7 shall constitute a valid residential use for purposes of any
8 local zoning regulations, and the no such regulation may not
9 shall require the owner or operator of the such family child
10 day care home to obtain any special exemption or use permit or
11 waiver, or to pay any special fee in excess of $50, to operate
12 in an area zoned for residential use.
13 Section 3. Subsection (10) of section 402.27, Florida
14 Statutes, is amended to read:
15 402.27 Child care and early childhood resource and
16 referral.--The Department of Children and Family Services
17 shall establish a statewide child care resource and referral
18 network. Preference shall be given to using the already
19 established central agencies for subsidized child care as the
20 child care resource and referral agency. If the agency cannot
21 comply with the requirements to offer the resource information
22 component or does not want to offer that service, the
23 Department of Children and Family Services shall select the
24 resource information agency based upon a request for proposal.
25 At least one child care resource and referral agency must be
26 established in each district of the department, but no more
27 than one may be established in any county. Child care
28 resource and referral agencies shall provide the following
29 services:
30 (10) A child care facility licensed under s. 402.305
31 and a licensed and registered family child day care home or
3
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1 large family child care home licensed under s. 402.313 or s.
2 402.3131, respectively, homes must provide the statewide child
3 care and resource and referral agencies with the following
4 information annually:
5 (a) Type of program.
6 (b) Hours of service.
7 (c) Ages of children served.
8 (d) Fees and eligibility for services.
9 Section 4. Subsections (3), (7), and (8) of section
10 402.302, Florida Statutes, are amended to read:
11 402.302 Definitions.--
12 (3) "Child care personnel" means all owners,
13 operators, employees, and volunteers working in a child care
14 facility. The term does not include persons who work in a
15 child care facility after hours when children are not present
16 or parents of children in Head Start. For purposes of
17 screening, the term includes any member, over the age of 12
18 years, of a child care facility operator's family, or person,
19 over the age of 12 years, residing with a child care facility
20 operator if the child care facility is located in or adjacent
21 to the home of the operator or if the family member of, or
22 person residing with, the child care facility operator has any
23 direct contact with the children in the facility during its
24 hours of operation. Members of the operator's family or
25 persons residing with the operator who are between the ages of
26 12 years and 18 years shall not be required to be
27 fingerprinted but shall be screened for delinquency records.
28 For purposes of screening, the term shall also include persons
29 who work in child care programs that which provide care for
30 children 15 hours or more each week in public or nonpublic
31 schools, summer day camps, family child day care homes, or
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1 those programs otherwise exempted under s. 402.316. The term
2 does not include public or nonpublic school personnel who are
3 providing care during regular school hours, or after hours for
4 activities related to a school's program for grades
5 kindergarten through 12. A volunteer who assists on an
6 intermittent basis for less than 40 hours per month is not
7 included in the term "personnel" for the purposes of screening
8 and training, provided that the volunteer is under direct and
9 constant supervision by persons who meet the personnel
10 requirements of s. 402.305(2). Students who observe and
11 participate in a child care facility as a part of their
12 required coursework shall not be considered child care
13 personnel, provided the such observation and participation are
14 on an intermittent basis and the students are under direct and
15 constant supervision of child care personnel.
16 (7) "Family day care home" or "family child care home"
17 means an occupied residence in which child care is regularly
18 provided for children from at least two unrelated families and
19 which receives a payment, fee, or grant for any of the
20 children receiving care, whether or not operated for profit. A
21 family child day care home is shall be allowed to provide care
22 for one of the following groups of children, which shall
23 include those children under 13 years of age who are related
24 to the caregiver:
25 (a) A maximum of four children from birth to 12 months
26 of age.
27 (b) A maximum of three children from birth to 12
28 months of age, and other children, for a maximum total of six
29 children.
30 (c) A maximum of six preschool children if all are
31 older than 12 months of age.
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1 (d) A maximum of 10 children if no more than 5 are
2 preschool age and, of those 5, no more than 2 are under 12
3 months of age.
4 (8) "Large family child care home" means an occupied
5 residence in which child care is regularly provided for
6 children from at least two unrelated families, which receives
7 a payment, fee, or grant for any of the children receiving
8 care, whether or not operated for profit, and which has at
9 least two full-time child care personnel on the premises
10 during the hours of operation. One of the two full-time child
11 care personnel must be the owner or occupant of the residence.
12 A large family child care home must first have operated as a
13 licensed family child day care home for 2 years, with an
14 operator who has had a child development associate credential
15 or its equivalent for 1 year, before seeking licensure as a
16 large family child care home. A large family child care home
17 is shall be allowed to provide care for one of the following
18 groups of children, which shall include those children under
19 13 years of age who are related to the caregiver:
20 (a) A maximum of 8 children from birth to 24 months of
21 age.
22 (b) A maximum of 12 children, with no more than 4
23 children under 24 months of age.
24 Section 5. Paragraph (b) of subsection (1) and
25 subsection (2) of section 402.3051, Florida Statutes, are
26 amended to read:
27 402.3051 Child care market rate reimbursement; child
28 care grants.--
29 (1) As used in this section, the term:
30
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1 (b) "Market rate" means the price that a child care
2 provider charges for daily, weekly, or monthly child care
3 services. Market rate shall:
4 1. Be established for licensed child care facilities
5 or facilities that are not subject to s. 402.305, licensed or
6 registered family child day care homes, licensed before-school
7 and after-school child care programs, and unregulated care
8 provided by a relative or other caretaker.
9 2. Differentiate among child care for children with
10 special needs or risk categories, infants, toddlers, and
11 preschool and school-age children.
12 3. Differentiate between full-time and part-time care.
13 4. Consider reductions in the cost of care for
14 additional children in the same family.
15 (2) The department shall establish procedures to
16 reimburse licensed or, exempt, or registered child care
17 providers who hold a Gold Seal Quality Care designation at the
18 market rate for child care services for children who are
19 eligible to receive subsidized child care; and licensed or,
20 exempt, or registered child care providers at the prevailing
21 market rate for child care services for children who are
22 eligible to receive subsidized child care, unless prohibited
23 by federal law under s. 402.3015. The department shall
24 establish procedures to reimburse providers of unregulated
25 child care at not more than 50 percent of the market rate. The
26 payment system may not interfere with the parents' decision as
27 to the appropriate child care arrangement, regardless of the
28 level of available funding for child care. The child care
29 program assessment tool may not be used to determine
30 reimbursement rates.
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1 Section 6. Subsection (3) of section 402.306, Florida
2 Statutes, is amended to read:
3 402.306 Designation of licensing agency; dissemination
4 by the department and local licensing agency of information on
5 child care.--
6 (3) The department and local licensing agencies, or
7 their the designees thereof, shall coordinate and disseminate
8 be responsible for coordination and dissemination of
9 information on child care to the community. and shall make
10 available Upon request, the department and each local
11 licensing agency must make available to the public all
12 licensing standards and procedures, in addition to the names
13 and addresses of licensed child care facilities and, where
14 applicable under ss. pursuant to s. 402.313 and 402.3131,
15 licensed or registered family child day care homes and large
16 family child care homes.
17 Section 7. Section 402.312, Florida Statutes, is
18 amended to read:
19 402.312 License required; injunctive relief.--
20 (1) The operation of a child care facility without a
21 license, a family child day care home without a license or
22 registration, or a large family child care home without a
23 license is prohibited. If the department or the local
24 licensing agency discovers that a child care facility is being
25 operated without a license, a family child day care home is
26 being operated without a license or registration, or a large
27 family child care home is being operated without a license,
28 the department or local licensing agency may is authorized to
29 seek an injunction in the circuit court where the facility is
30 located to enjoin continued operation of the such facility,
31 family child day care home, or large family child care home.
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1 When the court is closed for the transaction of judicial
2 business, the department or local licensing agency may is
3 authorized to seek an emergency injunction to enjoin continued
4 operation of the such unlicensed facility, unregistered or
5 unlicensed family child day care home, or unlicensed large
6 family child care home, which injunction shall be continued,
7 modified, or revoked on the next day of judicial business.
8 (2) Other grounds for seeking an injunction to close a
9 child care facility, family child day care home, or a large
10 family child care home are that:
11 (a) There is any violation of the standards applied
12 under ss. 402.301-402.319 which threatens harm to any child in
13 the child care facility, a family child day care home, or
14 large family child care home.
15 (b) A licensee or registrant has repeatedly violated
16 the standards provided for under ss. 402.301-402.319.
17 (c) A child care facility, family child day care home,
18 or large family child care home continues to have children in
19 attendance after the closing date established by the
20 department or the local licensing agency.
21 (3) The department or local licensing agency may
22 impose an administrative fine on any child care facility,
23 family child day care home, or large family child care home
24 operating without a license or registration, consistent with
25 the provisions of s. 402.310.
26 Section 8. Section 402.313, Florida Statutes, is
27 amended to read:
28 402.313 Family child day care homes.--
29 (1) Family child day care homes shall be licensed
30 under this section. act if they are presently being licensed
31 under an existing county licensing ordinance, if they are
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1 participating in the subsidized child care program, or if the
2 board of county commissioners passes a resolution that family
3 day care homes be licensed. If no county authority exists for
4 the licensing of a family day care home, the department shall
5 have the authority to license family day care homes under
6 contract for the purchase-of-service system in the subsidized
7 child care program.
8 (a) If not subject to license, family day care homes
9 shall register annually with the department, providing the
10 following information:
11 1. The name and address of the home.
12 2. The name of the operator.
13 3. The number of children served.
14 4. Proof of a written plan to provide at least one
15 other competent adult to be available to substitute for the
16 operator in an emergency. This plan shall include the name,
17 address, and telephone number of the designated substitute.
18 5. Proof of screening and background checks.
19 6. Proof of successful completion of the 30-hour
20 training course, as evidenced by passage of a competency
21 examination, which shall include:
22 a. State and local rules and regulations that govern
23 child care.
24 b. Health, safety, and nutrition.
25 c. Identifying and reporting child abuse and neglect.
26 d. Child development, including typical and atypical
27 language development; and cognitive, motor, social, and
28 self-help skills development.
29 e. Observation of developmental behaviors, including
30 using a checklist or other similar observation tools and
31 techniques to determine a child's developmental level.
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1 f. Specialized areas, including early literacy and
2 language development of children from birth to 5 years of age,
3 as determined by the department, for owner-operators of family
4 day care homes.
5 7. Proof that immunization records are kept current.
6 8. Proof of completion of the required continuing
7 education units or clock hours.
8 (a)(b) The department or local licensing agency may
9 impose an administrative fine, not to exceed $100, for failure
10 to comply with licensure or registration requirements.
11 (c) A family day care home not participating in the
12 subsidized child care program may volunteer to be licensed
13 under the provisions of this act.
14 (b)(d) The department may provide technical assistance
15 to counties and family child day care home providers to enable
16 counties and family child day care providers to achieve
17 compliance with family child day care homes standards.
18 (2) This Information shall be included in a directory
19 to be published annually by the department to inform the
20 public of available child care facilities.
21 (3) Child care personnel in family child day care
22 homes are shall be subject to the applicable screening
23 provisions contained in ss. 402.305(2) and 402.3055. For
24 purposes of screening in family child day care homes, the term
25 includes any member over the age of 12 years of a family child
26 day care home operator's family, or persons over the age of 12
27 years residing with the operator in the family child day care
28 home. Members of the operator's family, or persons residing
29 with the operator, who are between the ages of 12 years and 18
30 years are shall not be required to be fingerprinted, but shall
31 be screened for delinquency records.
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1 (4) Operators of family child day care homes must
2 successfully complete an approved 30-clock-hour introductory
3 course in child care, as evidenced by passage of a competency
4 examination, before caring for children.
5 (5) In order to further develop their child care
6 skills and, if appropriate, their administrative skills,
7 operators of family child day care homes shall be required to
8 complete an additional 1 continuing education unit of approved
9 training or 10 clock hours of equivalent training, as
10 determined by the department, annually.
11 (6) Operators of family child day care homes shall be
12 required to complete 0.5 continuing education unit of approved
13 training in early literacy and language development of
14 children from birth to 5 years of age one time. The year that
15 this training is completed, it shall fulfill the 0.5
16 continuing education unit or 5 clock hours of the annual
17 training required in subsection (5).
18 (7) Operators of family child day care homes shall be
19 required annually to complete a health and safety home
20 inspection self-evaluation checklist developed by the
21 department in conjunction with the statewide resource and
22 referral program. The completed checklist shall be signed by
23 the operator of the family child day care home and provided to
24 parents as certification that basic health and safety
25 standards are being met.
26 (8) Family child day care home operators may avail
27 themselves of supportive services offered by the department.
28 (9) The department shall prepare a brochure on family
29 child day care for distribution by the department and by local
30 licensing agencies, if appropriate, to family child day care
31 homes for distribution to parents utilizing such child care,
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1 and to all interested persons, including physicians and other
2 health professionals; mental health professionals; school
3 teachers or other school personnel; social workers or other
4 professional child care, foster care, residential, or
5 institutional workers; and law enforcement officers. The
6 brochure shall, at a minimum, contain the following
7 information:
8 (a) A brief description of the requirements for family
9 child day care licensure registration, training, and
10 fingerprinting and screening.
11 (b) A listing of those counties that license require
12 licensure of family child day care homes. The Such counties
13 shall provide an addendum to the brochure that provides a
14 brief description of the licensure requirements or may provide
15 a brochure in lieu of the one described in this subsection,
16 provided it contains all the required information on licensure
17 and the required information in the subsequent paragraphs.
18 (c) A statement indicating that information about the
19 family child day care home's compliance with applicable state
20 or local requirements can be obtained by telephoning the
21 department office or the office of the local licensing agency,
22 if appropriate, at a telephone number or numbers which shall
23 be affixed to the brochure.
24 (d) The statewide toll-free telephone number of the
25 central abuse hotline, together with a notice that reports of
26 suspected and actual child physical abuse, sexual abuse, and
27 neglect are received and referred for investigation by the
28 hotline.
29 (e) Any other information relating to competent child
30 care that the department or local licensing agency, if
31 preparing a separate brochure, deems would be helpful to
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1 parents and other caretakers in their selection of a family
2 child day care home.
3 (10) On an annual basis, the department shall evaluate
4 the registration and licensure system for family child day
5 care homes. The Such evaluation shall, at a minimum, address
6 the following:
7 (a) The number of family child day care homes
8 registered and licensed and the dates of the such registration
9 and licensure.
10 (b) The number of children being served in both
11 registered and licensed family child day care homes and any
12 available slots in the such homes.
13 (c) The number of complaints received concerning
14 family child day care, the nature of the complaints, and the
15 resolution of the such complaints.
16 (d) The training activities used utilized by child
17 care personnel in family child day care homes for meeting the
18 state or local training requirements.
19
20 The evaluation shall be used utilized by the department in any
21 administrative modifications or adjustments to be made in the
22 licensure registration of family child day care homes or in
23 any legislative requests for modifications to the system of
24 licensure registration or to other requirements for family
25 child day care homes.
26 (11) In order to inform the public of the state
27 requirement for licensure registration of family child day
28 care homes as well as the other requirements for the such
29 homes to legally operate in the state, the department shall
30 institute a media campaign to accomplish this end. The Such a
31 campaign shall include, at a minimum, flyers, newspaper
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1 advertisements, radio advertisements, and television
2 advertisements.
3 (12) Notwithstanding any other state or local law or
4 ordinance, any family child day care home licensed under
5 pursuant to this chapter or under pursuant to a county
6 ordinance shall be charged the utility rates accorded to a
7 residential home. A licensed family child day care home may
8 not be charged commercial utility rates.
9 (13) The department shall, by rule, establish minimum
10 licensing standards for family child day care homes that are
11 required to be licensed by county licensing ordinance or
12 county licensing resolution or that voluntarily choose to be
13 licensed. The standards should include requirements for
14 staffing, training, maintenance of immunization records,
15 minimum health and safety standards, reduced standards for the
16 regulation of child care during evening hours by
17 municipalities and counties, and enforcement of standards.
18 Section 9. Each family child care home that is
19 registered with the Department of Children and Family Services
20 or a local licensing agency on June 30, 2005, must obtain a
21 license from the department as required under s. 402.313,
22 Florida Statutes, by July 1, 2007.
23 Section 10. Paragraph (b) of subsection (5) of section
24 409.1671, Florida Statutes, is amended to read:
25 409.1671 Foster care and related services;
26 privatization.--
27 (5)
28 (b) Substitute care providers who are licensed under
29 s. 409.175 and have contracted with a lead agency authorized
30 under this section may shall also be authorized to provide
31 registered or licensed family child day care homes under s.
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1 402.313, if consistent with federal law and if the home has
2 met the requirements of s. 402.313.
3 Section 11. Section 627.70161, Florida Statutes, is
4 amended to read:
5 627.70161 Family child day care home insurance.--
6 (1) PURPOSE AND INTENT.--The Legislature recognizes
7 that family child day care homes fulfill a vital role in
8 providing child care in Florida. It is the intent of the
9 Legislature that residential property insurance coverage
10 should not be canceled, denied, or nonrenewed solely on the
11 basis of the family child day care services at the residence.
12 The Legislature also recognizes that the potential liability
13 of residential property insurers is substantially increased by
14 the rendition of child care services on the premises. The
15 Legislature therefore finds that there is a public need to
16 specify that contractual liabilities that arise in connection
17 with the operation of the family child day care home are
18 excluded from residential property insurance policies unless
19 they are specifically included in such coverage.
20 (2) DEFINITIONS.--As used in this section, the term:
21 (a) "Child care" means the care, protection, and
22 supervision of a child, for a period of less than 24 hours a
23 day on a regular basis, which supplements parental care,
24 enrichment, and health supervision for the child, in
25 accordance with his or her individual needs, and for which a
26 payment, fee, or grant is made for care.
27 (b) "Family child day care home" means an occupied
28 residence in which child care is regularly provided for
29 children from at least two unrelated families and which
30 receives a payment, fee, or grant for any of the children
31 receiving care, whether or not operated for a profit.
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1 (3) FAMILY CHILD DAY CARE; COVERAGE.--A residential
2 property insurance policy shall not provide coverage for
3 liability for claims arising out of, or in connection with,
4 the operation of a family child day care home, and the insurer
5 shall be under no obligation to defend against lawsuits
6 covering such claims, unless:
7 (a) Specifically covered in a policy; or
8 (b) Covered by a rider or endorsement for business
9 coverage attached to a policy.
10 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW
11 PROHIBITED.--An insurer may not deny, cancel, or refuse to
12 renew a policy for residential property insurance solely on
13 the basis that the policyholder or applicant operates a family
14 child day care home. In addition to other lawful reasons for
15 refusing to insure, an insurer may deny, cancel, or refuse to
16 renew a policy of a family child day care home provider if one
17 or more of the following conditions occur:
18 (a) The policyholder or applicant provides care for
19 more children than authorized for family child day care homes
20 by s. 402.302;
21 (b) The policyholder or applicant fails to maintain a
22 separate commercial liability policy or an endorsement
23 providing liability coverage for the family child day care
24 home operations;
25 (c) The policyholder or applicant fails to comply with
26 the family child day care home licensure and registration
27 requirements specified in s. 402.313; or
28 (d) Discovery of willful or grossly negligent acts or
29 omissions or any violations of state laws or regulations
30 establishing safety standards for family child day care homes
31
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1 by the named insured or his or her representative which
2 materially increase any of the risks insured.
3 Section 12. For the purpose of incorporating the
4 amendment made by this act to section 402.313, Florida
5 Statutes, in a reference thereto, subsection (3) of section
6 400.953, Florida Statutes, is reenacted to read:
7 400.953 Background screening of home medical equipment
8 provider personnel.--The agency shall require employment
9 screening as provided in chapter 435, using the level 1
10 standards for screening set forth in that chapter, for home
11 medical equipment provider personnel.
12 (3) Proof of compliance with the screening
13 requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.
14 397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s.
15 985.407 or this part must be accepted in lieu of the
16 requirements of this section if the person has been
17 continuously employed in the same type of occupation for which
18 he or she is seeking employment without a breach in service
19 that exceeds 180 days, the proof of compliance is not more
20 than 2 years old, and the person has been screened by the
21 Department of Law Enforcement. An employer or contractor shall
22 directly provide proof of compliance to another employer or
23 contractor, and a potential employer or contractor may not
24 accept any proof of compliance directly from the person
25 requiring screening. Proof of compliance with the screening
26 requirements of this section shall be provided, upon request,
27 to the person screened by the home medical equipment provider.
28 Section 13. This act shall not take effect unless
29 sufficient funds are allocated in a specific appropriation or
30 in the General Appropriations Act for the 2006-2007 fiscal
31
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1 year to fund 30 additional positions for licensing family
2 child care homes.
3 Section 14. This act shall take effect July 1, 2006.
4
5 *****************************************
6 SENATE SUMMARY
7 Redesignates family day care homes as "family child care
homes." Deletes provisions relating to the regulation of
8 registered family child care homes under local zoning
regulations. Requires licensed family child care homes
9 and large family child care homes to provide specified
information to resource and referral agencies. Requires
10 the Department of Children and Family Services and local
licensing agencies to provide information on large family
11 child care homes. Requires all family child care homes to
be licensed. Requires registered family child care homes
12 to obtain a license by a specified date.
13
14
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31
19
CODING: Words stricken are deletions; words underlined are additions.