Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 394
       
       
       
       
       
                               Ì371698^Î371698                          
       
       576-02721-14                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to the licensing of facilities that
    3         offer health and human services; amending s. 402.302,
    4         F.S.; redefining terms; conforming terminology;
    5         amending ss. 402.313, F.S.; requiring a family day
    6         care home to conspicuously display its license or
    7         registration in the common area of the home, to
    8         provide proof of a written plan that identifies a
    9         designated substitute for the operator, and to provide
   10         proof of screening and background checks for certain
   11         individuals; amending s. 402.3131, F.S.; requiring a
   12         large family child care home to permanently post its
   13         license in a conspicuous location that is visible by
   14         all parents and guardians and the department; amending
   15         s. 402.315, F.S.; revising the licensing fee for a
   16         child care facility that has certain licensed
   17         capacity; amending s. 402.318, F.S.; prohibiting the
   18         advertising of a child care facility, family day care
   19         home, or large family day care home unless it is
   20         licensed or registered; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsections (1), (2), (5), and (8) of section
   25  402.302, Florida Statutes, are amended to read:
   26         402.302 Definitions.—As used in this chapter, the term:
   27         (1) “Child care” means the care, protection, and
   28  supervision of a child, for a period of less than 24 hours a day
   29  on a regular basis, which supplements parental care, enrichment,
   30  and health supervision for the child, in accordance with his or
   31  her individual needs, and for which a payment, fee, or grant is
   32  made for care.
   33         (2) “Child care facility” means a includes any child care
   34  center or child care arrangement that which provides child care
   35  for more than four five children unrelated to the operator and
   36  which receives a payment, fee, or grant for any of the children
   37  receiving care, wherever operated, and whether or not operated
   38  for profit. The following are not included:
   39         (a) Public schools and nonpublic schools and their integral
   40  programs, except as provided in s. 402.3025;
   41         (b) Summer camps having children in full-time residence;
   42         (c) Summer day camps;
   43         (d) Bible schools normally conducted during vacation
   44  periods; and
   45         (e) Operators of transient establishments, as defined in
   46  chapter 509, which provide child care services solely for the
   47  guests of their establishment or resort, if provided that all
   48  child care personnel of the establishment or resort are screened
   49  according to the level 2 screening requirements of chapter 435.
   50         (5) “Department” means the Department of Children and
   51  Families Family Services.
   52         (8) “Family day care home” means an occupied residence in
   53  which child care is regularly provided for children from at
   54  least two unrelated families and which receives a payment, fee,
   55  or grant for any of the children receiving care, whether or not
   56  operated for profit. Household children under 13 years of age,
   57  when on the premises of the family day care home or on a field
   58  trip with children enrolled in child care, are shall be included
   59  in the overall capacity of the licensed home. A family day care
   60  home may shall be allowed to provide care for one of the
   61  following groups of children, which includes shall include
   62  household children under 13 years of age:
   63         (a) A maximum of four children from birth to 12 months of
   64  age.
   65         (b) A maximum of three children from birth to 12 months of
   66  age, and other children, for a maximum total of six children.
   67         (c) A maximum of six preschool children if all are older
   68  than 12 months of age.
   69         (d) A maximum of 10 children if no more than 5 are
   70  preschool age and, of those 5, no more than 2 are under 12
   71  months of age.
   72         Section 2. Subsection (1) of section 402.313, Florida
   73  Statutes, is amended to read:
   74         402.313 Family day care homes.—
   75         (1) A family day care home must homes shall be licensed
   76  under this section act if it is they are presently being
   77  licensed under an existing county licensing ordinance or if the
   78  board of county commissioners passes a resolution that family
   79  day care homes be licensed. Each licensed or registered family
   80  day care home must conspicuously display its license or
   81  registration in the common area of the home.
   82         (a) If not subject to license, a family day care home must
   83  homes shall register annually with the department and provide,
   84  providing the following information:
   85         1. The name and address of the home.
   86         2. The name of the operator.
   87         3. The number of children served.
   88         4. Proof of a written plan to identify a provide at least
   89  one other competent adult who has met the screening and training
   90  requirements of the department to serve as a designated
   91  substitute to be available to substitute for the operator in an
   92  emergency. This plan must shall include the name, address, and
   93  telephone number of the designated substitute.
   94         5. Proof of screening and background checks for the
   95  operator, child care personnel as defined in subsection (3), and
   96  the designated substitute.
   97         6. Proof of successful completion of the 30-hour training
   98  course, as evidenced by passage of a competency examination,
   99  which must shall include:
  100         a. State and local rules and regulations that govern child
  101  care.
  102         b. Health, safety, and nutrition.
  103         c. Identifying and reporting child abuse and neglect.
  104         d. Child development, including typical and atypical
  105  language development; and cognitive, motor, social, and self
  106  help skills development.
  107         e. Observation of developmental behaviors, including using
  108  a checklist or other similar observation tools and techniques to
  109  determine a child’s developmental level.
  110         f. Specialized areas, including early literacy and language
  111  development of children from birth to 5 years of age, as
  112  determined by the department, for owner-operators of family day
  113  care homes.
  114         7. Proof that immunization records are kept current.
  115         8. Proof of completion of the required continuing education
  116  units or clock hours.
  117         (b) A family day care home may volunteer to be licensed
  118  under this act.
  119         (c) The department may provide technical assistance to
  120  counties and family day care home providers to enable counties
  121  and family day care providers to achieve compliance with family
  122  day care homes standards.
  123         Section 3. Subsection (1) of section 402.3131, Florida
  124  Statutes, is amended to read:
  125         402.3131 Large family child care homes.—
  126         (1) A large family child care home must homes shall be
  127  licensed under this section and permanently post its license in
  128  a conspicuous location that is visible by all parents and
  129  guardians and the department.
  130         (a) A licensed family day care home must first have
  131  operated for a minimum of 2 consecutive years, with an operator
  132  who has had a child development associate credential or its
  133  equivalent for 1 year, before seeking licensure as a large
  134  family child care home.
  135         (b) The department may provide technical assistance to
  136  counties and family day care home providers to enable the
  137  counties and providers to achieve compliance with minimum
  138  standards for large family child care homes.
  139         Section 4. Subsection (3) of section 402.315, Florida
  140  Statutes, is amended to read:
  141         402.315 Funding; license fees.—
  142         (3) The department shall collect a fee for a any license it
  143  issues for a child care facility, family day care home, or large
  144  family child care home under pursuant to ss. 402.305, 402.313,
  145  and 402.3131.
  146         (a) For a child care facility licensed under pursuant to s.
  147  402.305, the such fee is shall be $1 per child, based on the
  148  licensed capacity of the facility. However, if a facility has a
  149  licensed capacity of 25 children or fewer, except that the
  150  minimum fee is shall be $25 per facility and the maximum fee
  151  shall be $100 per facility.
  152         (b) For a family day care home registered under pursuant to
  153  s. 402.313, the such fee is shall be $25.
  154         (c) For a family day care home licensed under pursuant to
  155  s. 402.313, the such fee is shall be $50.
  156         (d) For a large family child care home licensed under
  157  pursuant to s. 402.3131, the such fee is shall be $60.
  158         Section 5. Section 402.318, Florida Statutes, is amended to
  159  read:
  160         402.318 Advertisement.—A person, as defined in s. 1.01 s.
  161  1.01(3), may not advertise a child care facility as defined in
  162  s. 402.302, a child care facility that is exempt from licensing
  163  requirements pursuant to s. 402.316, a family day care home as
  164  defined in s. 402.302, or a large family child care home as
  165  defined in s. 402.302 without including within such
  166  advertisement the state or local agency license number,
  167  exemption number, or registration number of the such facility or
  168  home. As used in this section, the term “advertisement”
  169  includes, but is not limited to, the marketing of child care
  170  services to the public on vehicles; print materials; electronic
  171  media, including Internet sites; and radio and television
  172  announcements. A person who violates Violation of this section
  173  commits is a misdemeanor of the first degree, punishable as
  174  provided in s. 775.082 or s. 775.083.
  175         Section 6. This act shall take effect July 1, 2014.