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