HB 487

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


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