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