1 | A bill to be entitled |
2 | An act relating to Pinellas County; amending chapter 61- |
3 | 2681, Laws of Florida, as amended; redefining the term |
4 | "family day care home" and defining the terms "large |
5 | family child care home" and "household children"; revising |
6 | and providing requirements for licensing and regulating |
7 | such homes; providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Subsection (5) of section 2 of chapter 61-2681, |
12 | Laws of Florida, as amended by chapters 70-893 and 2007-277, |
13 | Laws of Florida, is amended to read: |
14 | Section 2. Definitions; capacity and time limitations.- |
15 | (5)(a) A "family child care home" or "family day care |
16 | home" means an occupied a facility for child care in a place of |
17 | residence in which child care and training are regularly |
18 | provided for children from at least two unrelated households, |
19 | with or without compensation. A family child care home shall be |
20 | allowed to provide care for one of the following groups of |
21 | children, which shall include in their overall capacity the |
22 | preschool household children, whether present or not, and |
23 | school-aged household children under 13 years of age, when |
24 | present: |
25 | 1. When three children from birth to 12 months of age are |
26 | in care, no more than two additional children 2 years of age or |
27 | older may be in care, except when a provider has proof of |
28 | completion of an approved training course, in which case the two |
29 | additional children must be 18 months of age or older, which |
30 | includes preschool household children, whether present or not, |
31 | for a total of five children in care, plus additional school- |
32 | aged household children, when present, for a total capacity of |
33 | up to six children. |
34 | 2. When two children from birth to 12 months of age are in |
35 | care, no more than three additional children may be in care and |
36 | no more than one of those children may be between 12 and 24 |
37 | months of age. The remaining children must be 2 years of age or |
38 | older, except when a provider has proof of completion of an |
39 | approved training course, in which case the two additional |
40 | children must be 18 months of age or older, which includes |
41 | preschool household children, whether present or not, for a |
42 | total of five children in care, plus additional school-aged |
43 | household children, when present, for a total capacity of up to |
44 | ten children of a family, person, or persons who receive no more |
45 | than four (4) children under seventeen (17) years of age away |
46 | from their own homes who are not related to such person or |
47 | persons by blood, marriage, or adoption, for the purpose of |
48 | providing family care and training for such children. No more |
49 | than three (3) of the four (4) children may be under two (2) |
50 | years of age. This term shall not be construed to include |
51 | children above first grade level except in homes where children |
52 | below first grade level are also received for care. |
53 | (b) A "large family child care home" means an occupied |
54 | place of residence of a family, person, or persons who regularly |
55 | provide child care for children from at least two unrelated |
56 | households, with or without compensation, which has at least two |
57 | full-time child care employees on the premises during the hours |
58 | of operation. One of the two full-time child care employees must |
59 | be the provider or the provider's substitute. In order to |
60 | qualify for licensure as a large family child care home, the |
61 | home must first have operated as a licensed family day care home |
62 | for 2 consecutive years in Pinellas County, with a provider who |
63 | has had a child development associate credential or its |
64 | equivalent for 1 year. A large family child care home may |
65 | provide care for one of the following groups of children, which |
66 | include household children under 13 years of age: |
67 | 1. A maximum of eight children from birth to 24 months of |
68 | age; or |
69 | 2. A maximum of twelve children, with no more than four |
70 | children under 24 months of age. |
71 | |
72 | A large family child care home must meet and comply with all |
73 | standards of this paragraph unless there is an insufficient |
74 | number of children in care to meet the definition of a large |
75 | family child care home, in which case an additional employee is |
76 | not required. |
77 | (c) "Household children" means children who are related by |
78 | blood, marriage, or legal adoption to, or who are the legal |
79 | wards of, an adult household member who meets the level 2 |
80 | screening requirements as provided in s. 435.04, Florida |
81 | Statutes. Supervision of the provider's household children shall |
82 | be left to the discretion of the provider unless those children |
83 | receive subsidized child care to be in the home. |
84 | (d)(b) Child care may be provided for 24 hours or longer |
85 | for a child whose parent or legal guardian works a shift of 24 |
86 | hours or more. The requirement that a parent or legal guardian |
87 | work a shift of 24 hours or more must be certified in writing by |
88 | the employer, and the written certification must be maintained |
89 | in the facility by the child care provider and made available to |
90 | the license board and the state child care licensing agency. The |
91 | time that a child remains in child care, however, may not exceed |
92 | 72 consecutive hours in any 7-day period. During a declared |
93 | state of emergency, the license board or the state child care |
94 | licensing agency may temporarily waive the time limitations |
95 | provided in this paragraph. |
96 | Section 2. This act shall take effect July 1, 2010. |