Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7069, 1st Eng.
       
       
       
       
       
       
                                Ì326892GÎ326892                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             04/28/2014 04:37 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Gibson moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 493 - 722
    4  and insert:
    5  1002.61, or s. 1002.88 be licensed. Each licensed or registered
    6  family child care home must conspicuously display its license or
    7  registration in the common area of the home.
    8         (a) If not subject to license, a family child day care home
    9  must comply with this section and homes shall register annually
   10  with the department, providing the following information:
   11         1. The name and address of the home.
   12         2. The name of the operator.
   13         3. The number of children served.
   14         4. Proof of a written plan to identify a provide at least
   15  one other competent adult who has met the screening and training
   16  requirements of the department to serve as a designated to be
   17  available to substitute for the operator in an emergency. This
   18  plan must shall include the name, address, and telephone number
   19  of the designated substitute who will serve in the absence of
   20  the operator.
   21         5. Proof of screening and background checks.
   22         6. Proof of successful completion of the 30-hour training
   23  course, as evidenced by passage of a competency examination,
   24  which shall include:
   25         a. State and local rules and regulations that govern child
   26  care.
   27         b. Health, safety, and nutrition.
   28         c. Identifying and reporting child abuse and neglect.
   29         d. Child development, including typical and atypical
   30  language development; and cognitive, motor, social, and self
   31  help skills development.
   32         e. Observation of developmental behaviors, including using
   33  a checklist or other similar observation tools and techniques to
   34  determine a child’s developmental level.
   35         f. Specialized areas, including early literacy and language
   36  development of children from birth to 5 years of age, as
   37  determined by the department, for owner-operators of family day
   38  care homes.
   39         5.7. Proof that immunization records are kept current.
   40         8. Proof of completion of the required continuing education
   41  units or clock hours.
   42  
   43  Upon receipt of registration information submitted by a family
   44  child care home, the department shall verify that the home is in
   45  compliance with the background screening requirements of
   46  subsection (3) and that the operator and the designated
   47  substitute are in compliance with applicable training
   48  requirements of subsection (4).
   49         (b) A family child day care home may volunteer to be
   50  licensed under this act.
   51         (c) The department may provide technical assistance to
   52  counties and operators of family child day care homes home
   53  providers to enable counties and operators family day care
   54  providers to achieve compliance with family child day care home
   55  homes standards.
   56         (2) This information shall be included in a directory to be
   57  published annually by the department to inform the public of
   58  available child care facilities.
   59         (3) Child care personnel in family child day care homes are
   60  shall be subject to the applicable screening provisions
   61  contained in ss. 402.305(2) and 402.3055. For purposes of
   62  screening in family child day care homes, the term “child care
   63  personnel” includes the operator, the designated substitute, any
   64  member over the age of 12 years of a family child day care home
   65  operator’s family, or persons over the age of 12 years residing
   66  with the operator in the family child day care home. Members of
   67  the operator’s family, or persons residing with the operator,
   68  who are between the ages of 12 years and 18 years shall not be
   69  required to be fingerprinted, but shall be screened for
   70  delinquency records.
   71         (4)(a) Before licensure and before caring for children,
   72  operators of family child day care homes and an individual
   73  serving as a substitute for the operator who works 40 hours or
   74  more per month on average must:
   75         1. Successfully complete an approved 30-clock-hour
   76  introductory course in child care, as evidenced by passage of a
   77  competency examination, before caring for children. The course
   78  must include:
   79         a. State and local rules and regulations that govern child
   80  care.
   81         b. Health, safety, and nutrition.
   82         c. Identifying and reporting child abuse and neglect.
   83         d. Child development, including typical and atypical
   84  language development, and cognitive, motor, social, and
   85  executive functioning skills development.
   86         e. Observation of developmental behaviors, including using
   87  a checklist or other similar observation tools and techniques to
   88  determine a child’s developmental level.
   89         f. Specialized areas, including numeracy, early literacy,
   90  and language development of children from birth to 5 years of
   91  age, as determined by the department, for operators of family
   92  child care homes.
   93         (5) In order to further develop their child care skills
   94  and, if appropriate, their administrative skills, operators of
   95  family day care homes shall be required to complete an
   96  additional 1 continuing education unit of approved training or
   97  10 clock hours of equivalent training, as determined by the
   98  department, annually.
   99         2.(6) Operators of family day care homes shall be required
  100  to Complete 0.5 continuing education unit of approved training
  101  in numeracy, early literacy, and language development of
  102  children from birth to 5 years of age one time. For an operator,
  103  the year that this training is completed, it shall fulfill the
  104  0.5 continuing education unit or 5 clock hours of the annual
  105  training required in paragraph (c) subsection (5).
  106         3. Complete training in first aid and infant and child
  107  cardiopulmonary resuscitation as evidenced by current
  108  documentation of course completion.
  109         (b) Before licensure and before caring for children, family
  110  child care home substitutes who work fewer than 40 hours per
  111  month on average must complete the department’s 6-clock-hour
  112  Family Child Care Home Rules and Regulations training, as
  113  evidenced by successful completion of a competency examination
  114  and first aid and infant and child cardiopulmonary resuscitation
  115  training under subparagraph (a)3. A substitute who has
  116  successfully completed the 3-clock-hour Fundamentals of Child
  117  Care training established by rules of the department or the 30
  118  clock-hour training under subparagraph (a)1. is not required to
  119  complete the 6-clock-hour Family Child Care Home Rules and
  120  Regulations training.
  121         (c) Operators of family day care homes must annually
  122  complete an additional 1 continuing education unit of approved
  123  training regarding child care and administrative skills or 10
  124  clock hours of equivalent training, as determined by the
  125  department.
  126         (5)(7) Operators of family child day care homes must shall
  127  be required annually to complete a health and safety home
  128  inspection self-evaluation checklist developed by the department
  129  in conjunction with the statewide resource and referral program.
  130  The completed checklist shall be signed by the operator of the
  131  family child day care home and provided to parents as
  132  certification that basic health and safety standards are being
  133  met.
  134         (6)(8)Operators of family child day care homes home
  135  operators may avail themselves of supportive services offered by
  136  the department.
  137         (7)(9) The department shall prepare a brochure on family
  138  child day care for distribution by the department and by local
  139  licensing agencies, if appropriate, to family child day care
  140  homes for distribution to parents using utilizing such child
  141  care, and to all interested persons, including physicians and
  142  other health professionals; mental health professionals; school
  143  teachers or other school personnel; social workers or other
  144  professional child care, foster care, residential, or
  145  institutional workers; and law enforcement officers. The
  146  brochure shall, at a minimum, contain the following information:
  147         (a) A brief description of the requirements for family
  148  child day care registration, training, and background
  149  fingerprinting and screening.
  150         (b) A listing of those counties that require licensure of
  151  family child day care homes. Such counties shall provide an
  152  addendum to the brochure that provides a brief description of
  153  the licensure requirements or may provide a brochure in lieu of
  154  the one described in this subsection, provided it contains all
  155  the required information on licensure and the required
  156  information in the subsequent paragraphs.
  157         (c) A statement indicating that information about the
  158  family child day care home’s compliance with applicable state or
  159  local requirements can be obtained from by telephoning the
  160  department office or the office of the local licensing agency,
  161  including the, if appropriate, at a telephone number or numbers
  162  and website address for the department or local licensing
  163  agency, as applicable which shall be affixed to the brochure.
  164         (d) The statewide toll-free telephone number of the central
  165  abuse hotline, together with a notice that reports of suspected
  166  and actual child physical abuse, sexual abuse, and neglect are
  167  received and referred for investigation by the hotline.
  168         (e) Any other information relating to competent child care
  169  that the department or local licensing agency, if preparing a
  170  separate brochure, considers deems would be helpful to parents
  171  and other caretakers in their selection of a family child day
  172  care home.
  173         (8)(10) On an annual basis, the department shall evaluate
  174  the registration and licensure system for family child day care
  175  homes. Such evaluation shall, at a minimum, address the
  176  following:
  177         (a) The number of family child day care homes registered
  178  and licensed and the dates of such registration and licensure.
  179         (b) The number of children being served in both registered
  180  and licensed family child day care homes and any available slots
  181  in such homes.
  182         (c) The number of complaints received concerning family
  183  child day care, the nature of the complaints, and the resolution
  184  of such complaints.
  185         (d) The training activities used utilized by child care
  186  personnel in family child day care homes for meeting the state
  187  or local training requirements.
  188  
  189  The evaluation shall be used utilized by the department in any
  190  administrative modifications or adjustments to be made in the
  191  registration of family child day care homes or in any
  192  legislative requests for modifications to the system of
  193  registration or to other requirements for family child day care
  194  homes.
  195         (11) In order to inform the public of the state requirement
  196  for registration of family day care homes as well as the other
  197  requirements for such homes to legally operate in the state, the
  198  department shall institute a media campaign to accomplish this
  199  end. Such a campaign shall include, at a minimum, flyers,
  200  newspaper advertisements, radio advertisements, and television
  201  advertisements.
  202         (9)(12) Notwithstanding any other state or local law or
  203  ordinance, any family child day care home licensed pursuant to
  204  this chapter or pursuant to a county ordinance shall be charged
  205  the utility rates accorded to a residential home. A licensed
  206  family child day care home may not be charged commercial utility
  207  rates.
  208         (10)(13) The department shall, by rule, establish minimum
  209  standards for family child day care homes that are required to
  210  be licensed by county licensing ordinance or county licensing
  211  resolution or that voluntarily choose to be licensed. The
  212  standards should include requirements for staffing, training,
  213  maintenance of immunization records, minimum health and safety
  214  standards, reduced standards for the regulation of child care
  215  during evening hours by municipalities and counties, and
  216  enforcement of standards. Additionally, the department shall, by
  217  rule, adopt procedures for verifying a registered family child
  218  care home’s compliance with background screening and training
  219  requirements.
  220         (11)(14) During the months of August and September of each
  221  year, Each family child day care home shall provide parents of
  222  children enrolling enrolled in the home detailed information
  223  regarding the causes, symptoms, and transmission of the
  224  influenza virus in an effort to educate those parents regarding
  225  the importance of immunizing their children against influenza as
  226  recommended by the Advisory Committee on Immunization Practices
  227  of the Centers for Disease Control and Prevention.
  228         Section 11. Subsections (1), (3), (5), and (9) of section
  229  402.3131, Florida Statutes, are amended, and subsection (10) is
  230  added to that section, to read:
  231         402.3131 Large family child care homes.—
  232         (1) A large family child care home must homes shall be
  233  licensed under this section and conspicuously display its
  234  license in the common area of the home.
  235         (a) A licensed family day care home must first have
  236  operated for a minimum of 2 consecutive years, with an operator
  237  who has had a child development associate credential or its
  238  equivalent for 1 year, before seeking licensure as a large
  239  family child care home.
  240         (b) The department may provide technical assistance to
  241  counties and family day care home providers to enable the
  242  counties and providers to achieve compliance with minimum
  243  standards for large family child care homes.