HB 1153

1
A bill to be entitled
2An act relating to Palm Beach County; amending chapter 59-
31698, Laws of Florida, as amended; revising and providing
4definitions; providing requirements for the operation and
5licensing of large family child care homes; providing for
6the issuance of provisional licenses to child care
7facilities, large family child care homes, and family day
8care homes; updating obsolete language; revising
9requirements for Child Care Advisory Council membership;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Chapter 59-1698, Laws of Florida, as amended by
15chapter 77-620, Laws of Florida, is amended to read:
16     Section 1.  DEFINITIONS.  The following words and phrases
17shall mean:
18     1.a.  Children - Persons related to the operator of a
19facility regulated under this act under 13 12 years of age, and
20all other persons under 18 years of age.
21     b.  Child Boarding Homes - Any building or shelter in
22which, for 24 hours per day, custodial care is rendered to one
23to five children, inclusive, and which receives a payment, fee,
24or grant for any of the children receiving care, whether or not
25operating for profit, subject to the exemptions contained in
26Section 12 hereof.
27     2.c.  Family Day Care Home Facilities - An occupied
28residence Any building or shelter in which custodial care is
29rendered to one to six five children, inclusive, for 2-24 hours
30per day and for which the owner or operator receives a payment,
31fee, or grant for any of the children receiving care, whether or
32not operating for profit, subject to the exemptions contained in
33Section 9 12.
34     3.  Large Family Child Care Home - An occupied residence in
35which custodial care is regularly provided for children, and for
36which the owner or operator receives a payment, fee, or grant
37for any of the children receiving care, whether or not operated
38for profit, and which has at least two full-time child care
39personnel on the premises during the hours of operation. One of
40the full-time child care personnel must be the owner or occupant
41of the residence. A large family child care home must first have
42operated as a licensed family day care home for 2 years, with an
43operator who has had a child development associate credential or
44its equivalent for 1 year, before seeking licensure as a large
45family child care home. A large family child care home shall be
46allowed to provide care for one of the following groups of
47children, which shall include those children under 13 years of
48age who are related to the caregiver:
49     a.  A maximum of eight children from birth to 24 months of
50age.
51     b.  A maximum of 12 children with no more than four
52children under 24 months of age.
53     4.d.  Child Care Facility Facilities - Any building or
54shelter in which custodial care is rendered to six or more
55children, and for which the owner or operator receives a
56payment, fee, or grant for any of the children receiving care,
57whether or not operating for profit, or which is held out to the
58public to be an establishment which regularly provides child
59custodial services.
60     Section 2.  PERMIT REQUIRED FOR ESTABLISHMENT, MAINTENANCE
61AND OPERATION.  It shall be unlawful for any person, firm, or
62corporation to establish, maintain, or operate in Palm Beach
63County, Florida, a child care facility, large family child care
64boarding home, or family day care home facility without first
65obtaining a permit therefor from a board, to be designated as
66the Child Care Facilities Board, and without permanently posting
67such permit in the child care facility, large family child care
68boarding home, or family day care home facility. Such Child Care
69Facilities Board shall be composed of the Board of County
70Commissioners of Palm Beach County, hereafter referred to as the
71Board. The Chairman of the Board of County Commissioners of Palm
72Beach County shall be the Chairman of the Child Care Facilities
73Board, and the Board shall meet at least once every 3 three (3)
74months at a time and place designated by the Board.
75     Section 3.  APPLICATION FOR PERMIT.  Application for a
76permit to operate a child care facility, large family child care
77boarding home, or family day care home facility shall be made to
78the Board in writing, and on a form, and under regulations
79prescribed by the Board. The application shall state the name
80and address of the applicant, his or her occupational history
81and qualifications, the type and location of proposed operation,
82the number of persons to be accommodated, and such other
83information the Board may require.
84     Section 4.  ISSUANCE OF LICENSE.
85     1.  The Director of the Palm Beach County Health Department
86shall be charged with the administrative and financial
87responsibility of carrying out the duties of the Board, and the
88Director he or his or her representative shall inspect child
89care facilities, large family child care boarding homes, and
90family day care homes facilities as required by the Board. Said
91Board, when satisfied that minimum standards are met, shall
92issue a license in writing on a form prescribed by the Board.
93Such license shall be valid for a period of 1 one year unless
94revoked. It shall not be transferable or assignable.
95     2.  The Board may issue a provisional license for child
96care facilities, large family child care homes, or family day
97care homes. A provisional license shall not be issued for a
98period that exceeds 6 months and may only be renewed by the
99Board one time for a period not to exceed 6 months.
100     3.  A provisional license shall not be issued unless the
101child care facility, large family child care home, or family day
102care home is in compliance with the requirements for screening
103of child care personnel and the requirements for ensuring the
104health and safety of the children in care.
105     Section 5.  REVOCATION OF LICENSE.  The Board may revoke a
106license if it finds that the operator has failed to comply with
107any provisions of this Act, or of any rule or regulation issued
108hereunder.
109     Section 6.  MINIMUM STANDARDS, REASONABLE RULES AND
110REGULATIONS TO BE PRESCRIBED BY THE BOARD.
111     1.  The Board shall make, adopt promulgate, amend, and
112repeal such rules and regulations as are necessary to protect
113the health and safety of persons in child care facilities, large
114family child care boarding homes, or family day care homes
115facilities; prescribing standards for living quarters, including
116provisions pertaining to sanitary conditions, light, air,
117safety, protection from fire hazards, equipment, operation,
118qualifications and number of staff, and such other matters as
119may be appropriate to protect the life and health of the
120occupants thereof. Standards established by rules and
121regulations of the Board shall meet or exceed state minimum
122standards, to wit: standards established by the Department of
123Children and Family Health and Rehabilitative Services pursuant
124to chapter 402, Florida Statutes.
125     2.  The Board may make, adopt promulgate, amend, and repeal
126such rules and regulations as are necessary:
127     a.  To require facilities regulated hereunder to secure
128liability insurance and set minimum limits and standards for
129carriers; and,
130     b.  To establish fees for inspection and licensing under
131this Act.
132
133No such rules and regulations of the Board shall be adopted or
134become effective until after a public hearing has been held by
135the Board pursuant to at least one notice published in a
136newspaper of general circulation in the County at least 10 ten
137(10) days prior to the hearing. When approved by the Board and
138filed with the Clerk of the County Commission, such rules and
139regulations shall have the force and effect of law. Until the
140Board adopts rules and regulations, the state standards
141aforementioned shall apply to all facilities regulated by this
142Act.
143     Section 7.  CHILD CARE ADVISORY COUNCIL.
144     1.  The Board shall appoint a Child Care Advisory Council
145which shall be appointed by the Board of County Commissioners no
146later than 60 sixty (60) days after the effective date of this
147Act. Members of the Council shall serve at the pleasure of the
148Board of County Commissioners. The Council shall be composed of
149seven (7) members consisting of the following:
150     a.  Two (2) members who represent and operate as a private
151enterprise a facility regulated hereunder, one of whom operates
152a family day care home or large family child care home.
153     b.  One (1) member who represents and operates a parochial
154facility regulated hereunder.
155     c.  One (1) member who represents a consumer protection
156enforcement official.
157     d.  One (1) member for fire protection, engineering, or
158technology.
159     e.  One (1) member who, at the time of appointment, is was
160a parent of a child in a facility regulated hereunder.
161     f.  One (1) member who represents the Department of
162Children and Family Health and Rehabilitative Services.
163     2.  The Council shall advise the Board and make
164recommendations as to the issuance and revocation of licenses
165and as to rules and regulations necessary to protect the health
166and safety of persons in child care facilities, large family
167child care boarding homes, or family day care homes facilities.
168     Section 8.  RIGHT OF ENTRY.  Members of the Board and its
169representatives may enter and inspect child care facilities,
170large family child care boarding homes, or family day care homes
171facilities at reasonable hours, and may question such persons
172and investigate such facts, conditions, and practices or matters
173as may be necessary or appropriate to determine whether any
174person has violated any provisions of this Act, or of any rule
175or regulation issued hereunder.
176     Section 9.  EXEMPTIONS.  The provisions of this Act shall
177not apply to any public or nonpublic school which is in
178compliance with the compulsory school attendance law, chapter
179232, Florida Statutes, any summer camp having children in full
180time residence, summer day camp, or vacation Bible school, or
181any foster home, home for mentally retarded or handicapped
182children, juvenile detention facility, hospital, or other
183similar institution otherwise regulated for health standards by
184a governmental agency. However, this section shall not be deemed
185to exempt institutions or facilities otherwise other wise
186regulated by the Department of Children and Family Health and
187Rehabilitative Services pursuant to s. 402.301, et seq., Florida
188Statutes, as it may from time to time be amended or transferred.
189     Section 10.  CIVIL ENFORCEMENT.  Any violation of this Act
190or the rules and regulations of the Board adopted promulgated
191pursuant hereto shall be subject to enforcement by the Palm
192Beach County Environmental Control Officer and the Palm Beach
193County Environmental Control Act, chapter 70-862, Laws of
194Florida, as amended, and as it may in the future be amended or
195reenacted renacted.
196     Section 11.  CRIMINAL PENALTY.  Any person failing to
197comply with the provisions of this Act is guilty of a
198misdemeanor of the second degree punishable as provided by
199general law.
200     Section 12.  ADVERTISING BY FACILITIES.  It shall be
201unlawful for any person, persons, associations, partnerships,
202corporations, or institutions to offer or advertise to the
203public, in any way or by any medium whatsoever, large family
204child care boarding home, family day care home, facility or
205child care facility service without unless it has first having
206secured a license under the provisions of this Act. All
207advertisements advertising any such services shall include the
208license number of the license issued pursuant to this Act.
209     Section 13.  SEVERABILITY.  If any provision of this Act,
210or the application thereof to any person or circumstances, is
211held invalid, such invalidity shall not affect other provisions
212or applications of this Act which can be given effect without
213the invalid provision or invalid application and to this end the
214provisions of the Act are declared severable.
215     Section 2.  This act shall take effect upon becoming a law.


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