Florida Senate - 2010                             CS for SB 1234
       
       
       
       By the Committee on Judiciary; and Senator Garcia
       
       
       
       
       590-03246A-10                                         20101234c1
    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; requiring child care facilities to retrofit
    7         window blinds, window coverings, pull cords, or inner
    8         cords by a specified date in order to eliminate cords
    9         that pose a risk of strangulation; providing a
   10         definition; authorizing the Department of Children and
   11         Family Services to provide certain information
   12         regarding window blinds and window coverings;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. This act may be cited as the “John F. Serrano,
   18  Rachel Lou Napier, and Alexandra Ali Safety and Accountability
   19  Act.”
   20         Section 2. Subsection (5) of section 402.305, Florida
   21  Statutes, is amended to read:
   22         402.305 Licensing standards; child care facilities.—
   23         (5) PHYSICAL FACILITIES.—Minimum standards shall include
   24  requirements for building conditions, indoor play space, outdoor
   25  play space, napping space, bathroom facilities, food preparation
   26  facilities, outdoor equipment, and indoor equipment.
   27         (a) Because of the nature and duration of drop-in child
   28  care, outdoor play space and outdoor equipment shall not be
   29  required for licensure; however, if such play space and
   30  equipment are provided, then the minimum standards shall apply
   31  to drop-in child care. With respect to minimum standards for
   32  physical facilities of a child care program for school-age
   33  children which is operated in a public school facility, the
   34  department shall adopt the State Uniform Building Code for
   35  Public Educational Facilities Construction as the minimum
   36  standards, regardless of the operator of the program. The
   37  Legislature intends that if a child care program for school-age
   38  children is operated in a public school, the program need not
   39  conform to standards for physical facilities other than the
   40  standards adopted by the Commissioner of Education.
   41         (b) Minimum requirements for licensure of a child care
   42  facility shall prohibit the use or installation of window blinds
   43  or other window coverings that have long dangling cords, pull
   44  cords, or inner cords capable of forming a loop and which
   45  thereby pose a risk of strangulation to young children. Window
   46  blinds and other window coverings that have been manufactured or
   47  properly retrofitted in a manner that eliminates long dangling
   48  cords, pull cords, inner cords, or the formation of loops that
   49  pose a risk of strangulation are not prohibited under this
   50  subsection. Cordless window blinds are recommended and are in
   51  compliance with this subsection.
   52         1. When developing and periodically reviewing minimum
   53  licensing requirements related to the safety and installation of
   54  window blinds and other window coverings in child care
   55  facilities, the department shall review and take into
   56  consideration the recommendations of the United States Consumer
   57  Product Safety Commission.
   58         2. Child care facilities must properly retrofit existing
   59  window blinds, window coverings, pull cords, or inner cords in
   60  accordance with this paragraph by January 1, 2011. For purposes
   61  of this subparagraph, “properly retrofit” means to modify in a
   62  manner that eliminates long dangling cords or the formation of
   63  inner or outer cord loops that pose a risk of child
   64  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.