CS for CS for SB 1234                            First Engrossed
       
       
       
       
       
       
       
       
       20101234e1
       
    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         authorizing the department to adopt rules; amending s.
   14         402.302, F.S.; revising and providing definitions;
   15         providing for certain household children to be
   16         included in calculations regarding the capacity of
   17         licensed family day care homes and large family child
   18         care homes; providing conditions for supervision of
   19         household children of operators of family day care
   20         homes and large family child care homes; amending s.
   21         402.318, F.S.; revising advertising requirements
   22         applicable to child care facilities; providing
   23         penalties; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. This act may be cited as the “John F. Serrano,
   28  Rachel Lou Napier, and Alexandra Ali Safety and Accountability
   29  Act.”
   30         Section 2. Subsection (5) of section 402.305, Florida
   31  Statutes, is amended to read:
   32         402.305 Licensing standards; child care facilities.—
   33         (5) PHYSICAL FACILITIES.—Minimum standards shall include
   34  requirements for building conditions, indoor play space, outdoor
   35  play space, napping space, bathroom facilities, food preparation
   36  facilities, outdoor equipment, and indoor equipment.
   37         (a) Because of the nature and duration of drop-in child
   38  care, outdoor play space and outdoor equipment shall not be
   39  required for licensure; however, if such play space and
   40  equipment are provided, then the minimum standards shall apply
   41  to drop-in child care. With respect to minimum standards for
   42  physical facilities of a child care program for school-age
   43  children which is operated in a public school facility, the
   44  department shall adopt the State Uniform Building Code for
   45  Public Educational Facilities Construction as the minimum
   46  standards, regardless of the operator of the program. The
   47  Legislature intends that if a child care program for school-age
   48  children is operated in a public school, the program need not
   49  conform to standards for physical facilities other than the
   50  standards adopted by the Commissioner of Education.
   51         (b) Minimum requirements for licensure of a child care
   52  facility shall prohibit the use or installation of window blinds
   53  or other window coverings that have long dangling cords, pull
   54  cords, or inner cords capable of forming a loop and which
   55  thereby pose a risk of strangulation to young children. Window
   56  blinds and other window coverings that have been manufactured or
   57  properly retrofitted in a manner that eliminates long dangling
   58  cords, pull cords, inner cords, or the formation of loops that
   59  pose a risk of strangulation are not prohibited under this
   60  subsection. Cordless window blinds are recommended and are in
   61  compliance with this subsection.
   62         1. When developing and periodically reviewing minimum
   63  licensing requirements related to the safety and installation of
   64  window blinds and other window coverings in child care
   65  facilities, the department shall review and take into
   66  consideration the recommendations of the United States Consumer
   67  Product Safety Commission.
   68         2. Child care facilities must properly retrofit existing
   69  window blinds, window coverings, pull cords, or inner cords in
   70  accordance with this paragraph by January 1, 2011. For purposes
   71  of this subparagraph, “properly retrofit” means to modify in a
   72  manner that eliminates long dangling cords or the formation of
   73  inner or outer cord loops that pose a risk of child
   74  strangulation.
   75         3. The department may provide information regarding
   76  reduced-cost or no-cost options for retrofitting or replacing
   77  unsafe window blinds and window coverings.
   78         4.The department shall adopt rules to administer these
   79  requirements.
   80         Section 3. Section 402.302, Florida Statutes, is amended to
   81  read:
   82         402.302 Definitions.—As used in this chapter, the term:
   83         (1) “Child care” means the care, protection, and
   84  supervision of a child, for a period of less than 24 hours a day
   85  on a regular basis, which supplements parental care, enrichment,
   86  and health supervision for the child, in accordance with his or
   87  her individual needs, and for which a payment, fee, or grant is
   88  made for care.
   89         (2) “Child care facility” includes any child care center or
   90  child care arrangement which provides child care for more than
   91  five children unrelated to the operator and which receives a
   92  payment, fee, or grant for any of the children receiving care,
   93  wherever operated, and whether or not operated for profit. The
   94  following are not included:
   95         (a) Public schools and nonpublic schools and their integral
   96  programs, except as provided in s. 402.3025;
   97         (b) Summer camps having children in full-time residence;
   98         (c) Summer day camps;
   99         (d) Bible schools normally conducted during vacation
  100  periods; and
  101         (e) Operators of transient establishments, as defined in
  102  chapter 509, which provide child care services solely for the
  103  guests of their establishment or resort, provided that all child
  104  care personnel of the establishment are screened according to
  105  the level 2 screening requirements of chapter 435.
  106         (3) “Child care personnel” means all owners, operators,
  107  employees, and volunteers working in a child care facility. The
  108  term does not include persons who work in a child care facility
  109  after hours when children are not present or parents of children
  110  in Head Start. For purposes of screening, the term includes any
  111  member, over the age of 12 years, of a child care facility
  112  operator’s family, or person, over the age of 12 years, residing
  113  with a child care facility operator if the child care facility
  114  is located in or adjacent to the home of the operator or if the
  115  family member of, or person residing with, the child care
  116  facility operator has any direct contact with the children in
  117  the facility during its hours of operation. Members of the
  118  operator’s family or persons residing with the operator who are
  119  between the ages of 12 years and 18 years shall not be required
  120  to be fingerprinted but shall be screened for delinquency
  121  records. For purposes of screening, the term shall also include
  122  persons who work in child care programs which provide care for
  123  children 15 hours or more each week in public or nonpublic
  124  schools, summer day camps, family day care homes, or those
  125  programs otherwise exempted under s. 402.316. The term does not
  126  include public or nonpublic school personnel who are providing
  127  care during regular school hours, or after hours for activities
  128  related to a school’s program for grades kindergarten through
  129  12. A volunteer who assists on an intermittent basis for less
  130  than 40 hours per month is not included in the term “personnel”
  131  for the purposes of screening and training, provided that the
  132  volunteer is under direct and constant supervision by persons
  133  who meet the personnel requirements of s. 402.305(2). Students
  134  who observe and participate in a child care facility as a part
  135  of their required coursework shall not be considered child care
  136  personnel, provided such observation and participation are on an
  137  intermittent basis and the students are under direct and
  138  constant supervision of child care personnel.
  139         (4) “Department” means the Department of Children and
  140  Family Services.
  141         (5) “Drop-in child care” means child care provided
  142  occasionally in a child care facility in a shopping mall or
  143  business establishment where a child is in care for no more than
  144  a 4-hour period and the parent remains on the premises of the
  145  shopping mall or business establishment at all times. Drop-in
  146  child care arrangements shall meet all requirements for a child
  147  care facility unless specifically exempted.
  148         (6) “Evening child care” means child care provided during
  149  the evening hours and may encompass the hours of 6:00 p.m. to
  150  7:00 a.m. to accommodate parents who work evenings and late
  151  night shifts.
  152         (7) “Family day care home” means an occupied residence in
  153  which child care is regularly provided for children from at
  154  least two unrelated families and which receives a payment, fee,
  155  or grant for any of the children receiving care, whether or not
  156  operated for profit. Household children under 13 years of age,
  157  when on the premises of the family day care home or on a field
  158  trip with children enrolled in child care, shall be included in
  159  the overall capacity of the licensed home. A family day care
  160  home shall be allowed to provide care for one of the following
  161  groups of children, which shall include household those children
  162  under 13 years of age who are related to the caregiver:
  163         (a) A maximum of four children from birth to 12 months of
  164  age.
  165         (b) A maximum of three children from birth to 12 months of
  166  age, and other children, for a maximum total of six children.
  167         (c) A maximum of six preschool children if all are older
  168  than 12 months of age.
  169         (d) A maximum of 10 children if no more than 5 are
  170  preschool age and, of those 5, no more than 2 are under 12
  171  months of age.
  172         (8) “Household children” means children who are related by
  173  blood, marriage, or legal adoption to, or who are the legal
  174  wards of, the family day care home operator, the large family
  175  child care home operator, or an adult household member who
  176  permanently or temporarily resides in the home. Supervision of
  177  the operator’s household children shall be left to the
  178  discretion of the operator unless those children receive
  179  subsidized child care to be in the home.
  180         (9)(8) “Large family child care home” means an occupied
  181  residence in which child care is regularly provided for children
  182  from at least two unrelated families, which receives a payment,
  183  fee, or grant for any of the children receiving care, whether or
  184  not operated for profit, and which has at least two full-time
  185  child care personnel on the premises during the hours of
  186  operation. One of the two full-time child care personnel must be
  187  the owner or occupant of the residence. A large family child
  188  care home must first have operated as a licensed family day care
  189  home for 2 years, with an operator who has had a child
  190  development associate credential or its equivalent for 1 year,
  191  before seeking licensure as a large family child care home.
  192  Household children under 13 years of age, when on the premises
  193  of the large family child care home or on a field trip with
  194  children enrolled in child care, shall be included in the
  195  overall capacity of the licensed home. A large family child care
  196  home shall be allowed to provide care for one of the following
  197  groups of children, which shall include household those children
  198  under 13 years of age who are related to the caregiver:
  199         (a) A maximum of 8 children from birth to 24 months of age.
  200         (b) A maximum of 12 children, with no more than 4 children
  201  under 24 months of age.
  202         (10)(9) “Indoor recreational facility” means an indoor
  203  commercial facility which is established for the primary purpose
  204  of entertaining children in a planned fitness environment
  205  through equipment, games, and activities in conjunction with
  206  food service and which provides child care for a particular
  207  child no more than 4 hours on any one day. An indoor
  208  recreational facility must be licensed as a child care facility
  209  under s. 402.305, but is exempt from the minimum outdoor-square
  210  footage-per-child requirement specified in that section, if the
  211  indoor recreational facility has, at a minimum, 3,000 square
  212  feet of usable indoor floor space.
  213         (11)(10) “Local licensing agency” means any agency or
  214  individual designated by the county to license child care
  215  facilities.
  216         (12)(11) “Operator” means any onsite person ultimately
  217  responsible for the overall operation of a child care facility,
  218  whether or not he or she is the owner or administrator of such
  219  facility.
  220         (13)(12) “Owner” means the person who is licensed to
  221  operate the child care facility.
  222         (14)(13) “Screening” means the act of assessing the
  223  background of child care personnel and volunteers and includes,
  224  but is not limited to, employment history checks, local criminal
  225  records checks through local law enforcement agencies,
  226  fingerprinting for all purposes and checks in this subsection,
  227  statewide criminal records checks through the Department of Law
  228  Enforcement, and federal criminal records checks through the
  229  Federal Bureau of Investigation.
  230         (15)(14) “Secretary” means the Secretary of Children and
  231  Family Services.
  232         (16)(15) “Substantial compliance” means that level of
  233  adherence which is sufficient to safeguard the health, safety,
  234  and well-being of all children under care. Substantial
  235  compliance is greater than minimal adherence but not to the
  236  level of absolute adherence. Where a violation or variation is
  237  identified as the type which impacts, or can be reasonably
  238  expected within 90 days to impact, the health, safety, or well
  239  being of a child, there is no substantial compliance.
  240         (17)(16) “Weekend child care” means child care provided
  241  between the hours of 6 p.m. on Friday and 6 a.m. on Monday.
  242         Section 4. Section 402.318, Florida Statutes, is amended to
  243  read:
  244         402.318 Advertisement.—No person, as defined in s. 1.01(3),
  245  shall advertise or publish an advertisement for a child care
  246  facility, family day care home, or large family child care home
  247  without including within such advertisement the state or local
  248  agency license number or registration number of such facility or
  249  home. Violation of this section is a misdemeanor of the first
  250  degree, punishable as provided in s. 775.082 or s. 775.083.
  251         Section 5. This act shall take effect July 1, 2010.