Florida Senate - 2010                                    SB 1234
       
       
       
       By Senator Garcia
       
       
       
       
       40-01300-10                                           20101234__
    1                        A bill to be entitled                      
    2         An act relating to licensing standards for child care
    3         facilities; providing a short title; amending s.
    4         402.305, F.S.; providing minimum licensing
    5         requirements for window blinds and other window
    6         coverings; providing for facility liability under
    7         certain circumstances; providing a definition;
    8         authorizing the Department of Children and Family
    9         Services to provide certain information regarding
   10         window blinds and window coverings; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as the “John F. Serrano,
   16  Rachel Lou Napier, and Alexandra Ali Safety and Accountability
   17  Act.”
   18         Section 2. Subsection (5) of section 402.305, Florida
   19  Statutes, is amended to read:
   20         402.305 Licensing standards; child care facilities.—
   21         (5) PHYSICAL FACILITIES.—Minimum standards shall include
   22  requirements for building conditions, indoor play space, outdoor
   23  play space, napping space, bathroom facilities, food preparation
   24  facilities, outdoor equipment, and indoor equipment.
   25         (a) Because of the nature and duration of drop-in child
   26  care, outdoor play space and outdoor equipment shall not be
   27  required for licensure; however, if such play space and
   28  equipment are provided, then the minimum standards shall apply
   29  to drop-in child care. With respect to minimum standards for
   30  physical facilities of a child care program for school-age
   31  children which is operated in a public school facility, the
   32  department shall adopt the State Uniform Building Code for
   33  Public Educational Facilities Construction as the minimum
   34  standards, regardless of the operator of the program. The
   35  Legislature intends that if a child care program for school-age
   36  children is operated in a public school, the program need not
   37  conform to standards for physical facilities other than the
   38  standards adopted by the Commissioner of Education.
   39         (b) Minimum requirements for licensure of a child care
   40  facility shall prohibit the use or installation of window blinds
   41  or other window coverings with long dangling cords, pull cords,
   42  or inner cords capable of forming a loop and which thereby pose
   43  a risk of strangulation to young children. Window blinds and
   44  other window coverings that have been manufactured or properly
   45  retrofitted in a manner that eliminates long dangling cords,
   46  pull cords, inner cords, or the formation of loops that pose a
   47  risk of strangulation are not prohibited under this subsection.
   48  Cordless window blinds are recommended and are in compliance
   49  with this subsection.
   50         1. When developing and periodically reviewing minimum
   51  licensing requirements related to the safety and installation of
   52  window blinds and other window coverings in child care
   53  facilities, the department shall review and take into
   54  consideration the recommendations of the United States Consumer
   55  Product Safety Commission.
   56         2. Child care facilities that do not properly retrofit
   57  existing window blinds, window coverings, pull cords, or inner
   58  cords in accordance with this paragraph by January 1, 2011,
   59  shall be held liable for civil damages for any act that is a
   60  result of the failure to retrofit existing window blinds, window
   61  coverings, pull cords, or inner cords. For purposes of this
   62  subparagraph, “properly retrofit” means to modify in a manner
   63  that eliminates long dangling cords or the formation of inner or
   64  outer cord loops that pose a risk of child strangulation.
   65         3. The department may provide information regarding
   66  reduced-cost or no-cost options for retrofitting or replacing
   67  unsafe window blinds and window coverings.
   68         Section 3. This act shall take effect July 1, 2010.