Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS/CS/HB 7069, 1st Eng.
Senate . House
Floor: 1/AD/3R .
05/02/2014 09:26 PM .
Senator Gibson moved the following:
1 Senate Amendment (with title amendment)
3 Delete lines 98 - 894
4 and insert:
5 Section 1. The Division of Law Revision and Information is
6 directed to prepare a reviser’s bill for the 2015 Regular
7 Session of the Legislature to change the term “family day care
8 home” to “family child care home” and the term “family day care”
9 to “family child care” wherever they appear in the Florida
11 Section 2. Section 125.0109, Florida Statutes, is amended
12 to read:
13 125.0109 Family day care homes and large family child care
14 homes; local zoning regulation.—The operation of a residence as
15 a family day care home or large family child care home, as
16 defined in s. 402.302, licensed or registered pursuant to s.
17 402.313 or s. 402.3131, as applicable, constitutes
, as defined
18 by law, registered or licensed with the Department of Children
19 and Family Services shall constitute a valid residential use for
20 purposes of any local zoning regulations, and no such regulation
21 shall require the owner or operator of such family day care home
22 or large family child care home to obtain any special exemption
23 or use permit or waiver, or to pay any special fee in excess of
24 $50, to operate in an area zoned for residential use.
25 Section 3. Section 166.0445, Florida Statutes, is amended
26 to read:
27 166.0445 Family day care homes and large family child care
28 homes; local zoning regulation.—The operation of a residence as
29 a family day care home or large family child care home, as
30 defined in s. 402.302, licensed or registered pursuant to s.
31 402.313 or s. 402.3131, as applicable, constitutes , as defined
32 by law, registered or licensed with the Department of Children
33 and Family Services shall constitute a valid residential use for
34 purposes of any local zoning regulations, and no such regulation
35 may not shall require the owner or operator of such family day
36 care home or large family child care home to obtain any special
37 exemption or use permit or waiver, or to pay any special fee in
38 excess of $50, to operate in an area zoned for residential use.
39 Section 4. Subsection (17) of section 402.302, Florida
40 Statutes, is amended to read:
41 402.302 Definitions.—As used in this chapter, the term:
42 (17) “Substantial compliance” means, for purposes of
43 programs operating under s. 1002.55, s. 1002.61, or s. 1002.88,
44 that level of adherence to adopted standards which is sufficient
45 to safeguard the health, safety, and well-being of all children
46 under care. The standards must address requirements found in s.
47 402.305 and are limited to supervision, transportation, access,
48 health-related requirements, food and nutrition, personnel
49 screening, records, and enforcement of these standards. The
50 standards must not limit or exclude the curriculum provided by a
51 faith-based provider or nonpublic school. The department, in
52 consultation with the Office of Early Learning, must adopt rules
53 to define and enforce substantial compliance with minimum
54 standards for child care facilities for programs operating under
55 s. 1002.55, s. 1002.61, or s. 1002.88 which are regulated, but
56 not licensed, by the department Substantial compliance is
57 greater than minimal adherence but not to the level of absolute
58 adherence. Where a violation or variation is identified as the
59 type which impacts, or can be reasonably expected within 90 days
60 to impact, the health, safety, or well-being of a child, there
61 is no substantial compliance.
62 Section 5. Paragraphs (d) and (e) of subsection (2) of
63 section 402.3025, Florida Statutes, are amended to read:
64 402.3025 Public and nonpublic schools.—For the purposes of
65 ss. 402.301-402.319, the following shall apply:
66 (2) NONPUBLIC SCHOOLS.—
67 (d)1. Nonpublic schools delivering programs under s.
68 1002.55, s. 1002.61, or s. 1002.88 Programs for children who are
69 at least 3 years of age, but under 5 years of age, which are not
70 licensed under ss. 402.301-402.319 shall substantially comply
71 with the minimum child care standards adopted promulgated
72 pursuant to ss. 402.305-402.3057.
73 2. The department or local licensing agency shall enforce
74 compliance with such standards, where possible, to eliminate or
75 minimize duplicative inspections or visits by staff enforcing
76 the minimum child care standards and staff enforcing other
77 standards under the jurisdiction of the department.
78 3. The department or local licensing agency may inspect
79 programs operating under this paragraph and pursue
80 administrative or judicial action under ss. 402.310-402.312
81 against nonpublic schools operating under this paragraph
82 commence and maintain all proper and necessary actions and
83 proceedings for any or all of the following purposes:
84 a. to protect the health, sanitation, safety, and well
85 being of all children under care.
86 b. To enforce its rules and regulations.
87 c. To use corrective action plans, whenever possible, to
88 attain compliance prior to the use of more restrictive
89 enforcement measures.
90 d. To make application for injunction to the proper circuit
91 court, and the judge of that court shall have jurisdiction upon
92 hearing and for cause shown to grant a temporary or permanent
93 injunction, or both, restraining any person from violating or
94 continuing to violate any of the provisions of ss. 402.301
95 402.319. Any violation of this section or of the standards
96 applied under ss. 402.305-402.3057 which threatens harm to any
97 child in the school’s programs for children who are at least 3
98 years of age, but are under 5 years of age, or repeated
99 violations of this section or the standards under ss. 402.305
100 402.3057, shall be grounds to seek an injunction to close a
101 program in a school.
102 e. To impose an administrative fine, not to exceed $100,
103 for each violation of the minimum child care standards
104 promulgated pursuant to ss. 402.305-402.3057.
105 4. It is a misdemeanor of the first degree, punishable as
106 provided in s. 775.082 or s. 775.083, for any person willfully,
107 knowingly, or intentionally to:
108 a. Fail, by false statement, misrepresentation,
109 impersonation, or other fraudulent means, to disclose in any
110 required written documentation for exclusion from licensure
111 pursuant to this section a material fact used in making a
112 determination as to such exclusion; or
113 b. Use information from the criminal records obtained under
114 s. 402.305 or s. 402.3055 for any purpose other than screening
115 that person for employment as specified in those sections or
116 release such information to any other person for any purpose
117 other than screening for employment as specified in those
119 5. It is a felony of the third degree, punishable as
120 provided in s. 775.082, s. 775.083, or s. 775.084, for any
121 person willfully, knowingly, or intentionally to use information
122 from the juvenile records of any person obtained under s.
123 402.305 or s. 402.3055 for any purpose other than screening for
124 employment as specified in those sections or to release
125 information from such records to any other person for any
126 purpose other than screening for employment as specified in
127 those sections.
128 6. The inclusion of nonpublic schools within options
129 available under ss. 1002.55, 1002.61, and 1002.88 does not
130 expand the regulatory authority of the state, its officers, any
131 local licensing agency, or any early learning coalition to
132 impose any additional regulation of nonpublic schools beyond
133 those reasonably necessary to enforce requirements expressly set
134 forth in this paragraph.
135 (e) The department and the nonpublic school accrediting
136 agencies are encouraged to develop agreements to facilitate the
137 enforcement of the minimum child care standards as they relate
138 to the schools which the agencies accredit.
139 Section 6. Paragraphs (a) and (d) of subsection (2),
140 paragraph (b) of subsection (9), and subsections (10) and (18)
141 of section 402.305, Florida Statutes, are amended to read:
142 402.305 Licensing standards; child care facilities.—
143 (2) PERSONNEL.—Minimum standards for child care personnel
144 shall include minimum requirements as to:
145 (a) Good moral character based upon screening, according to
146 the level 2 screening requirements of . This screening shall be
147 conducted as provided in chapter 435 , using the level 2
148 standards for screening set forth in that chapter. In addition
149 to the offenses listed in s. 435.04, all child care personnel
150 required to undergo background screening pursuant to this
151 section may not have an arrest awaiting final disposition for,
152 may not have been found guilty of, regardless of adjudication,
153 or entered a plea of nolo contendere or guilty to, and may not
154 have been adjudicated delinquent and have a record that has been
155 sealed or expunged for an offense specified in s. 39.205. Before
156 employing child care personnel subject to this section, the
157 employer must conduct employment history checks of each of the
158 personnel’s previous employers and document the findings. If
159 unable to contact a previous employer, the employer must
160 document efforts to contact the employer.
161 (d) Minimum training requirements for child care personnel.
162 1. Such minimum standards for training shall ensure that
163 all child care personnel take an approved 40-clock-hour
164 introductory course in child care, which course covers at least
165 the following topic areas:
166 a. State and local rules and regulations which govern child
168 b. Health, safety, and nutrition.
169 c. Identifying and reporting child abuse and neglect.
170 d. Child development, including typical and atypical
171 language, cognitive, motor, social, and self-help skills
173 e. Observation of developmental behaviors, including using
174 a checklist or other similar observation tools and techniques to
175 determine the child’s developmental age level.
176 f. Specialized areas, including computer technology for
177 professional and classroom use and numeracy, early literacy, and
178 language development of children from birth to 5 years of age,
179 as determined by the department, for owner-operators and child
180 care personnel of a child care facility.
181 g. Developmental disabilities, including autism spectrum
182 disorder and Down syndrome, and early identification, use of
183 available state and local resources, classroom integration, and
184 positive behavioral supports for children with developmental
187 Within 90 days after employment, child care personnel shall
188 begin training to meet the training requirements pursuant to
189 this paragraph. Child care personnel shall successfully complete
190 such training within 1 year after the date on which the training
191 began, as evidenced by passage of a competency examination.
192 Successful completion of the 40-clock-hour introductory course
193 shall articulate into community college credit in early
194 childhood education, pursuant to ss. 1007.24 and 1007.25.
195 Exemption from all or a portion of the required training shall
196 be granted to child care personnel based upon educational
197 credentials or passage of competency examinations. Child care
198 personnel possessing a 2-year degree or higher that includes 6
199 college credit hours in early childhood development or child
200 growth and development, or a child development associate
201 credential or an equivalent state-approved child development
202 associate credential, or a child development associate waiver
203 certificate shall be automatically exempted from the training
204 requirements in sub-subparagraphs b., d., and e.
205 2. The introductory course in child care shall stress, to
206 the extent possible, an interdisciplinary approach to the study
207 of children.
208 3. The introductory course shall cover recognition and
209 prevention of shaken baby syndrome; prevention of sudden infant
210 death syndrome; recognition and care of infants and toddlers
211 with developmental disabilities, including autism spectrum
212 disorder and Down syndrome; and early childhood brain
213 development within the topic areas identified in this paragraph.
214 4. On an annual basis in order to further their child care
215 skills and, if appropriate, administrative skills, child care
216 personnel who have fulfilled the requirements for the child care
217 training shall be required to take an additional 1 continuing
218 education unit of approved inservice training, or 10 clock hours
219 of equivalent training, as determined by the department.
220 5. Child care personnel shall be required to complete 0.5
221 continuing education unit of approved training or 5 clock hours
222 of equivalent training, as determined by the department, in
223 numeracy, early literacy, and language development of children
224 from birth to 5 years of age one time. The year that this
225 training is completed, it shall fulfill the 0.5 continuing
226 education unit or 5 clock hours of the annual training required
227 in subparagraph 4.
228 6. Procedures for ensuring the training of qualified child
229 care professionals to provide training of child care personnel,
230 including onsite training, shall be included in the minimum
231 standards. It is recommended that the state community child care
232 coordination agencies (central agencies) be contracted by the
233 department to coordinate such training when possible. Other
234 district educational resources, such as community colleges and
235 career programs, can be designated in such areas where central
236 agencies may not exist or are determined not to have the
237 capability to meet the coordination requirements set forth by
238 the department.
239 7. Training requirements do shall not apply to certain
240 occasional or part-time support staff, including, but not
241 limited to, swimming instructors, piano teachers, dance
242 instructors, and gymnastics instructors.
243 8. The department shall evaluate or contract for an
244 evaluation for the general purpose of determining the status of
245 and means to improve staff training requirements and testing
246 procedures. The evaluation shall be conducted every 2 years. The
247 evaluation must shall include, but not be limited to,
248 determining the availability, quality, scope, and sources of
249 current staff training; determining the need for specialty
250 training; and determining ways to increase inservice training
251 and ways to increase the accessibility, quality, and cost
252 effectiveness of current and proposed staff training. The
253 evaluation methodology must shall include a reliable and valid
254 survey of child care personnel.
255 9. The child care operator shall be required to take basic
256 training in serving children with disabilities within 5 years
257 after employment, either as a part of the introductory training
258 or the annual 8 hours of inservice training.
259 (9) ADMISSIONS AND RECORDKEEPING.—
260 (b) During the months of August and September of each year,
261 Each child care facility shall provide parents of children
262 enrolling enrolled in the facility detailed information
263 regarding the causes, symptoms, and transmission of the
264 influenza virus in an effort to educate those parents regarding
265 the importance of immunizing their children against influenza as
266 recommended by the Advisory Committee on Immunization Practices
267 of the Centers for Disease Control and Prevention.
268 (10) TRANSPORTATION SAFETY.—Minimum standards must shall
269 include requirements for child restraints or seat belts in
270 vehicles used by child care facilities, and large family child
271 care homes, and licensed family day care homes to transport
272 children, requirements for annual inspections of the vehicles,
273 limitations on the number of children in the vehicles, and
274 accountability for children being transported.
275 (18) TRANSFER OF OWNERSHIP.—
276 (a) One week before prior to the transfer of ownership of a
277 child care facility, or family day care home, or large family
278 child care home, the transferor shall notify the parent or
279 caretaker of each child of the impending transfer.
280 (b) The owner of a child care facility, family day care
281 home, or large family child care home may not transfer ownership
282 to a relative of the operator if the operator has had his or her
283 license suspended or revoked by the department pursuant to s.
284 402.310, has received notice from the department that reasonable
285 cause exists to suspend or revoke the license, or has been
286 placed on the United States Department of Agriculture National
287 Disqualified List. For purposes of this paragraph, “relative”
288 means father, mother, son, daughter, grandfather, grandmother,
289 brother, sister, uncle, aunt, cousin, nephew, niece, husband,
290 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
291 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
292 stepdaughter, stepbrother, stepsister, half-brother, or half
294 (c) (b) The department shall, by rule, establish methods by
295 which notice will be achieved and minimum standards by which to
296 implement this subsection.
297 Section 7. Section 402.3085, Florida Statutes, is created
298 to read:
299 402.3085 Certificate of substantial compliance with minimum
300 child care standards.—Each nonpublic school or provider seeking
301 to operate a program pursuant to s. 402.3025(2)(d) or s.
302 402.316(4), respectively, shall annually obtain a certificate
303 from the department or local licensing agency in the manner and
304 on the forms prescribed by the department or local licensing
305 agency. An annual certificate or a renewal of an annual
306 certificate shall be issued upon an examination of the
307 applicant’s premises and records to determine that the applicant
308 is in substantial compliance with the minimum child care
309 standards. A provider may not participate in these programs
310 without this certification. Local licensing agencies may apply
311 their own minimum child care standards if the department
312 determines that such standards meet or exceed department
313 standards as provided in s. 402.307.
314 Section 8. Section 402.311, Florida Statutes, is amended to
316 402.311 Inspection.—A licensed child care facility or
317 program regulated by the department shall accord to the
318 department or the local licensing agency, whichever is
319 applicable, the privilege of inspection, including access to
320 facilities and personnel and to those records required in s.
321 402.305, at reasonable times during regular business hours, to
322 ensure compliance with the provisions of ss. 402.301-402.319.
323 The right of entry and inspection shall also extend to any
324 premises which the department or local licensing agency has
325 reason to believe are being operated or maintained as a child
326 care facility or program without a license, but no such entry or
327 inspection of any premises shall be made without the permission
328 of the person in charge thereof unless a warrant is first
329 obtained from the circuit court authorizing same. Any
330 application for a license, application for authorization to
331 operate a child care program which must maintain substantial
332 compliance with child care standards adopted under this chapter,
333 or renewal of such license or authorization, made pursuant to
334 this act or the advertisement to the public for the provision of
335 child care as defined in s. 402.302 constitutes shall constitute
336 permission for any entry to or inspection of the subject
337 premises for which the license is sought in order to facilitate
338 verification of the information submitted on or in connection
339 with the application. In the event a licensed facility or
340 program refuses permission for entry or inspection to the
341 department or local licensing agency, a warrant shall be
342 obtained from the circuit court authorizing same before prior to
343 such entry or inspection. The department or local licensing
344 agency may institute disciplinary proceedings pursuant to s.
345 402.310 , for such refusal.
346 Section 9. Section 402.3115, Florida Statutes, is amended
347 to read:
348 402.3115 Elimination of duplicative and unnecessary
349 inspections; Abbreviated inspections.— The Department of Children
350 and Family Services and local governmental agencies that license
351 child care facilities shall develop and implement a plan to
352 eliminate duplicative and unnecessary inspections of child care
353 facilities. In addition, The department and the local licensing
354 governmental agencies shall conduct develop and implement an
355 abbreviated inspections of inspection plan for child care
356 facilities licensed under s. 402.305, family day care homes
357 licensed under s. 402.313, and large family child care homes
358 licensed under s. 402.3131 that have had no class I 1 or class
359 II violations 2 deficiencies, as defined by rule, for at least 2
360 consecutive years. The abbreviated inspection must include those
361 elements identified by the department and the local licensing
362 governmental agencies as being key indicators of whether the
363 child care facility continues to provide quality care and
364 programming. The department shall adopt rules establishing
365 criteria and procedures for abbreviated inspections and
366 inspection schedules that provide for both announced and
367 unannounced inspections.
368 Section 10. Section 402.313, Florida Statutes, is amended
369 to read:
370 402.313 Family day care homes.—
371 (1) A family day care home must homes shall be licensed
372 under this section act if it is they are presently being
373 licensed under an existing county licensing ordinance, or if the
374 board of county commissioners passes a resolution that requires
375 licensure of family day care homes, or the family day care home
376 is operating a program under s. 1002.55, s. 1002.61, or s.
377 1002.88 be licensed. Each licensed or registered family day care
378 home must conspicuously display its license or registration in
379 the common area of the home.
380 (a) If not subject to license, a family day care home must
381 comply with this section and homes shall register annually with
382 the department, providing the following information:
383 1. The name and address of the home.
384 2. The name of the operator.
385 3. The number of children served.
386 4. Proof of a written plan to identify a provide at least
387 one other competent adult who has met the screening and training
388 requirements of the department to serve as a designated to be
389 available to substitute for the operator in an emergency. This
390 plan must shall include the name, address, and telephone number
391 of the designated substitute who will serve in the absence of
392 the operator.
393 5. Proof of screening and background checks.
394 6. Proof of successful completion of the 30-hour training
395 course, as evidenced by passage of a competency examination,
396 which shall include:
397 a. State and local rules and regulations that govern child
399 b. Health, safety, and nutrition.
400 c. Identifying and reporting child abuse and neglect.
401 d. Child development, including typical and atypical
402 language development; and cognitive, motor, social, and self
403 help skills development.
404 e. Observation of developmental behaviors, including using
405 a checklist or other similar observation tools and techniques to
406 determine a child’s developmental level.
407 f. Specialized areas, including early literacy and language
408 development of children from birth to 5 years of age, as
409 determined by the department, for owner-operators of family day
410 care homes.
411 5. 7. Proof that immunization records are kept current.
412 8. Proof of completion of the required continuing education
413 units or clock hours.
415 Upon receipt of registration information submitted by a family
416 day care home pursuant to this paragraph, the department shall
417 verify that the home is in compliance with the background
418 screening requirements in subsection (3) and that the operator
419 and the designated substitute are in compliance with applicable
420 training requirements of subsection (4).
421 (b) A family day care home may volunteer to be licensed
422 under this act.
423 (c) The department may provide technical assistance to
424 counties and operators of family day care homes home providers
425 to enable counties and operators family day care providers to
426 achieve compliance with family day care home homes standards.
427 (2) This information shall be included in a directory to be
428 published annually by the department to inform the public of
429 available child care facilities.
430 (3) Child care personnel in family day care homes are shall
431 be subject to the applicable screening provisions contained in
432 ss. 402.305(2) and 402.3055. For purposes of screening in family
433 day care homes, the term “child care personnel” includes the
434 operator, the designated substitute, any member over the age of
435 12 years of a family day care home operator’s family, or persons
436 over the age of 12 years residing with the operator in the
437 family day care home. Members of the operator’s family, or
438 persons residing with the operator, who are between the ages of
439 12 years and 18 years may shall not be required to be
440 fingerprinted , but shall be screened for delinquency records.
441 (4)(a) Before licensure and before caring for children,
442 operators of family day care homes and an individual serving as
443 a substitute for the operator who works 40 hours or more per
444 month on average must:
445 1. Successfully complete an approved 30-clock-hour
446 introductory course in child care, as evidenced by passage of a
447 competency examination , before caring for children. The course
448 must include:
449 a. State and local rules and regulations that govern child
451 b. Health, safety, and nutrition.
452 c. Identifying and reporting child abuse and neglect.
453 d. Child development, including typical and atypical
454 language development, and cognitive, motor, social, and
455 executive functioning skills development.
456 e. Observation of developmental behaviors, including using
457 a checklist or other similar observation tools and techniques to
458 determine a child’s developmental level.
459 f. Specialized areas, including numeracy, early literacy,
460 and language development of children from birth to 5 years of
461 age, as determined by the department, for operators of family
462 day care homes.
463 (5) In order to further develop their child care skills
464 and, if appropriate, their administrative skills, operators of
465 family day care homes shall be required to complete an
466 additional 1 continuing education unit of approved training or
467 10 clock hours of equivalent training, as determined by the
468 department, annually.
469 2. (6) Operators of family day care homes shall be required
470 to Complete a 0.5 continuing education unit of approved training
471 in numeracy, early literacy, and language development of
472 children from birth to 5 years of age one time. For an operator,
473 the year that this training is completed, it shall fulfill the
474 0.5 continuing education unit or 5 clock hours of the annual
475 training required in paragraph (c) subsection (5).
476 3. Complete training in first aid and infant and child
477 cardiopulmonary resuscitation as evidenced by current
478 documentation of course completion.
479 (b) Before licensure and before caring for children, family
480 day care home substitutes who work fewer than 40 hours per month
481 on average must complete the department’s 6-clock-hour Family
482 Child Care Home Rules and Regulations training, as evidenced by
483 successful completion of a competency examination and first aid
484 and infant and child cardiopulmonary resuscitation training
485 under subparagraph (a)3. A substitute who has successfully
486 completed the 3-clock-hour Fundamentals of Child Care training
487 established by rules of the department or the 30-clock-hour
488 training under subparagraph (a)1. is not required to complete
489 the 6-clock-hour Family Child Care Home Rules and Regulations
491 (c) Operators of family day care homes must annually
492 complete an additional 1 continuing education unit of approved
493 training regarding child care and administrative skills or 10
494 clock hours of equivalent training, as determined by the
496 (5) (7) Operators of family day care homes must shall be
497 required annually to complete a health and safety home
498 inspection self-evaluation checklist developed by the department
499 in conjunction with the statewide resource and referral program.
500 The completed checklist shall be signed by the operator of the
501 family day care home and provided to parents as certification
502 that basic health and safety standards are being met.
503 (6) (8) Operators of family day care homes home operators
504 may avail themselves of supportive services offered by the
506 (7) (9) The department shall prepare a brochure on family
507 day care for distribution by the department and by local
508 licensing agencies, if appropriate, to family day care homes for
509 distribution to parents using utilizing such child care, and to
510 all interested persons, including physicians and other health
511 professionals; mental health professionals; school teachers or
512 other school personnel; social workers or other professional
513 child care, foster care, residential, or institutional workers;
514 and law enforcement officers. The brochure shall, at a minimum,
515 contain the following information:
516 (a) A brief description of the requirements for family day
517 care registration, training, and background fingerprinting and
519 (b) A listing of those counties that require licensure of
520 family day care homes. Such counties shall provide an addendum
521 to the brochure that provides a brief description of the
522 licensure requirements or may provide a brochure in lieu of the
523 one described in this subsection, provided it contains all the
524 required information on licensure and the required information
525 in the subsequent paragraphs.
526 (c) A statement indicating that information about the
527 family day care home’s compliance with applicable state or local
528 requirements can be obtained from by telephoning the department
529 office or the office of the local licensing agency, including
530 the , if appropriate, at a telephone number or numbers and
531 website address for the department or local licensing agency, as
532 applicable which shall be affixed to the brochure.
533 (d) The statewide toll-free telephone number of the central
534 abuse hotline, together with a notice that reports of suspected
535 and actual child physical abuse, sexual abuse, and neglect are
536 received and referred for investigation by the hotline.
537 (e) Any other information relating to competent child care
538 that the department or local licensing agency, if preparing a
539 separate brochure, considers deems would be helpful to parents
540 and other caretakers in their selection of a family day care
542 (8) (10) On an annual basis, the department shall evaluate
543 the registration and licensure system for family day care homes.
544 Such evaluation shall, at a minimum, address the following:
545 (a) The number of family day care homes registered and
546 licensed and the dates of such registration and licensure.
547 (b) The number of children being served in both registered
548 and licensed family day care homes and any available slots in
549 such homes.
550 (c) The number of complaints received concerning family day
551 care, the nature of the complaints, and the resolution of such
553 (d) The training activities used utilized by child care
554 personnel in family day care homes for meeting the state or
555 local training requirements.
557 The evaluation, pursuant to this paragraph, shall be used
558 utilized by the department in any administrative modifications
559 or adjustments to be made in the registration of family day care
560 homes or in any legislative requests for modifications to the
561 system of registration or to other requirements for family day
562 care homes.
563 (11) In order to inform the public of the state requirement
564 for registration of family day care homes as well as the other
565 requirements for such homes to legally operate in the state, the
566 department shall institute a media campaign to accomplish this
567 end. Such a campaign shall include, at a minimum, flyers,
568 newspaper advertisements, radio advertisements, and television
570 (9) (12) Notwithstanding any other state or local law or
571 ordinance, any family day care home licensed pursuant to this
572 chapter or pursuant to a county ordinance shall be charged the
573 utility rates accorded to a residential home. A licensed family
574 day care home may not be charged commercial utility rates.
575 (10) (13) The department shall, by rule, establish minimum
576 standards for family day care homes that are required to be
577 licensed by county licensing ordinance or county licensing
578 resolution or that voluntarily choose to be licensed. The
579 standards should include requirements for staffing, training,
580 maintenance of immunization records, minimum health and safety
581 standards, reduced standards for the regulation of child care
582 during evening hours by municipalities and counties, and
583 enforcement of standards. Additionally, the department shall, by
584 rule, adopt procedures for verifying a registered family day
585 care home’s compliance with background screening and training
587 (11) (14) During the months of August and September of each
588 year, Each family day care home shall provide parents of
589 children enrolling enrolled in the home detailed information
590 regarding the causes, symptoms, and transmission of the
591 influenza virus in an effort to educate those parents regarding
592 the importance of immunizing their children against influenza as
593 recommended by the Advisory Committee on Immunization Practices
594 of the Centers for Disease Control and Prevention.
595 Section 11. Subsections (1), (3), (5), and (9) of section
596 402.3131, Florida Statutes, are amended, and subsection (10) is
597 added to that section, to read:
598 402.3131 Large family child care homes.—
599 (1) A large family child care home must homes shall be
600 licensed under this section and conspicuously display its
601 license in the common area of the home.
602 (3) Operators of large family child care homes must
603 successfully complete an approved 40-clock-hour introductory
604 course in group child care, including numeracy, early literacy,
605 and language development of children from birth to 5 years of
606 age, as evidenced by passage of a competency examination.
607 Successful completion of the 40-clock-hour introductory course
608 shall articulate into community college credit in early
609 childhood education, pursuant to ss. 1007.24 and 1007.25.
610 (5) Operators of large family child care homes shall be
611 required to complete 0.5 continuing education unit of approved
612 training or 5 clock hours of equivalent training, as determined
613 by the department, in numeracy, early literacy, and language
614 development of children from birth to 5 years of age one time.
615 The year that this training is completed, it shall fulfill the
616 0.5 continuing education unit or 5 clock hours of the annual
617 training required in subsection (4).
618 (9) During the months of August and September of each year,
619 Each large family child care home shall provide parents of
620 children enrolling enrolled in the home detailed information
621 regarding the causes, symptoms, and transmission of the
622 influenza virus in an effort to educate those parents regarding
623 the importance of immunizing their children against influenza as
624 recommended by the Advisory Committee on Immunization Practices
625 of the Centers for Disease Control and Prevention.
626 (10) Notwithstanding any other state or local law or
627 ordinance, any large family child care home licensed under this
628 chapter or under a county ordinance shall be charged the utility
629 rates accorded to a residential home. Such a home may not be
630 charged commercial utility rates.
631 Section 12. Subsections (4), (5), and (6) are added to
632 section 402.316, Florida Statutes, to read:
633 402.316 Exemptions.—
634 (4) A child care facility operating under subsection (1)
635 which is applying to operate or is operating as a provider of a
636 program described in s. 1002.55, s. 1002.61, or s. 1002.88 must
637 substantially comply with the minimum standards for child care
638 facilities adopted pursuant to ss. 402.305-402.3057 and must
639 allow the department or local licensing agency access to monitor
640 and enforce compliance with such standards.
641 (a) The department or local licensing agency may pursue
642 administrative or judicial action under ss. 402.310-402.312 and
643 the rules adopted under those sections against any child care
644 facility operating under this subsection to enforce substantial
645 compliance with child care facility minimum standards or to
646 protect the health, safety, and well-being of any children in
647 the facility’s care. A child care facility operating under this
648 subsection is subject to ss. 402.310-402.312 and the rules
649 adopted under those sections to the same extent as a child care
650 facility licensed under ss. 402.301–402.319.
651 (b) It is a misdemeanor of the first degree, punishable as
652 provided in s. 775.082 or s. 775.083, for a person willfully,
653 knowingly, or intentionally to:
654 1. Fail, by false statement, misrepresentation,
655 impersonation, or other fraudulent means, to disclose in any
656 required written documentation for exclusion from licensure
657 pursuant to this section a material fact used in making a
658 determination as to such exclusion; or
659 2. Use information from the criminal records obtained under
660 s. 402.305 or s. 402.3055 for a purpose other than screening
661 that person for employment as specified in those sections or to
662 release such information to any other person for a purpose other
663 than screening for employment as specified in those sections.
664 (c) It is a felony of the third degree, punishable as
665 provided in s. 775.082, s. 775.083, or s. 775.084, for a person
666 willfully, knowingly, or intentionally to use information from
667 the juvenile records of a person obtained under s. 402.305 or s.
668 402.3055 for a purpose other than screening for employment as
669 specified in those sections or to release information from such
670 records to any other person for a purpose other than screening
671 for employment as specified in those sections.
672 (5) The department shall establish a fee for inspection and
673 compliance activities performed pursuant to this section in an
674 amount sufficient to cover costs. However, the amount of such
675 fee for the inspection of a program may not exceed the fee
676 imposed for child care licensure pursuant to s. 402.315.
677 (6) The inclusion of a child care facility operating under
678 subsection (1) as a provider of a program described in s.
679 1002.55, s. 1002.61, or s. 1002.88 does not expand the
680 regulatory authority of the state, its officers, any local
681 licensing agency, or any early learning coalition to impose any
682 additional regulation of child care facilities beyond those
683 reasonably necessary to enforce requirements expressly set forth
684 in this section.
685 Section 13. Section 627.70161, Florida Statutes, is amended
686 to read:
687 627.70161 Residential property insurance coverage; family
688 day care homes and large family child care homes insurance.—
689 (1) PURPOSE AND INTENT.—The Legislature recognizes that
690 family day care homes and large family child care homes fulfill
691 a vital role in providing child care in Florida. It is the
692 intent of the Legislature that residential property insurance
693 coverage should not be canceled, denied, or nonrenewed solely
694 because child on the basis of the family day care services are
695 provided at the residence. The Legislature also recognizes that
696 the potential liability of residential property insurers is
697 substantially increased by the rendition of child care services
698 on the premises. The Legislature therefore finds that there is a
699 public need to specify that contractual liabilities associated
700 that arise in connection with the operation of a the family day
701 care home or large family child care home are excluded from
702 residential property insurance policies unless they are
703 specifically included in such coverage.
704 (2) DEFINITIONS.—As used in this section, the term:
705 (a) “Child care” means the care, protection, and
706 supervision of a child, for a period up to of less than 24 hours
707 a day on a regular basis, which supplements parental care,
708 enrichment, and health supervision for the child, in accordance
709 with his or her individual needs, and for which a payment, fee,
710 or grant is made for care.
711 (b) “Family day care home” has the same meaning as provided
712 in s. 402.302(8) means an occupied residence in which child care
713 is regularly provided for children from at least two unrelated
714 families and which receives a payment, fee, or grant for any of
715 the children receiving care, whether or not operated for a
717 (c) “Large family child care home” has the same meaning as
718 provided in s. 402.302(11).
719 (3) CHILD FAMILY DAY CARE; COVERAGE.—A residential property
720 insurance policy may shall not provide coverage for liability
721 for claims arising out of, or in connection with, the operation
722 of a family day care home or large family child care home, and
723 the insurer shall be under no obligation to defend against
724 lawsuits covering such claims, unless:
725 (a) Specifically covered in a policy; or
726 (b) Covered by a rider or endorsement for business coverage
727 attached to a policy.
728 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
729 insurer may not deny, cancel, or refuse to renew a policy for
730 residential property insurance solely on the basis that the
731 policyholder or applicant operates a family day care home or
732 large family child care home. In addition to other lawful
733 reasons for refusing to insure, an insurer may deny, cancel, or
734 refuse to renew a policy of a family day care home or large
735 family child care home provider if one or more of the following
736 conditions occur:
737 (a) The policyholder or applicant provides care for more
738 children than authorized for family day care homes or large
739 family child care homes by s. 402.302;
740 (b) The policyholder or applicant fails to maintain a
741 separate commercial liability policy or an endorsement providing
742 liability coverage for the family day care home or large family
743 child care home operations;
744 (c) The policyholder or applicant fails to comply with the
745 family day care home licensure and registration requirements
746 specified in s. 402.313 or the large family child care home
747 licensure requirements specified in s. 402.3131; or
748 (d) Discovery of willful or grossly negligent acts or
749 omissions or any violations of state laws or regulations
750 establishing safety standards for family day care homes and
751 large family child care homes by the named insured or his or her
752 representative which materially increase any of the risks
754 Section 14. Subsections (7), (8), and (9) are added to
755 section 1001.213, Florida Statutes, to read:
756 1001.213 Office of Early Learning.—There is created within
757 the Office of Independent Education and Parental Choice the
758 Office of Early Learning, as required under s. 20.15, which
759 shall be administered by an executive director. The office shall
760 be fully accountable to the Commissioner of Education but shall:
761 (7) Hire a general counsel who reports directly to the
762 executive director of the office.
763 (8) Hire an inspector general who reports directly to the
764 executive director of the office and to the Chief Inspector
765 General pursuant to s. 14.32.
766 (9) By July 1, 2016, develop and implement, in consultation
767 with early learning coalitions and providers of the Voluntary
768 Prekindergarten Education Program and the school readiness
769 program, best practices for providing parental notifications in
770 the parent’s native language to a parent whose native language
771 is a language other than English.
773 ================= T I T L E A M E N D M E N T ================
774 And the title is amended as follows:
775 Delete lines 2 - 48
776 and insert:
777 An act relating to education; providing a directive to
778 the Division of Law Revision and Information; changing
779 the term “family day care home” to “family child care
780 home” and the term “family day care” to “family child
781 care”; amending ss. 125.0109 and 166.0445, F.S.;
782 including large family child care homes in local
783 zoning regulation requirements; amending s. 402.302,
784 F.S.; revising the definition of the term “substantial
785 compliance”; requiring the Department of Children and
786 Families to adopt rules for compliance by certain
787 programs not licensed by the department; amending s.
788 402.3025, F.S.; providing requirements for nonpublic
789 schools delivering certain voluntary prekindergarten
790 education programs and school readiness programs;
791 amending s. 402.305, F.S.; revising certain minimum
792 standards for child care facilities; creating s.
793 402.3085, F.S.; requiring nonpublic schools or
794 providers seeking to operate certain programs to
795 annually obtain a certificate from the department or a
796 local licensing agency; providing for issuance of the
797 certificate upon examination of the applicant’s
798 premises and records; prohibiting a provider from
799 participating in the programs without a certificate;
800 authorizing local licensing agencies to apply their
801 own minimum child care standards under certain
802 circumstances; amending s. 402.311, F.S.; providing
803 for the inspection of programs regulated by the
804 department; amending s. 402.3115, F.S.; providing for
805 abbreviated inspections of specified child care and
806 day care homes; requiring the department to adopt
807 rules; amending s. 402.313, F.S.; revising provisions
808 for licensure, registration, and operation of family
809 day care homes; amending s. 402.3131, F.S.; revising
810 requirements for large family child care homes;
811 amending s. 402.316, F.S., relating to exemptions from
812 child care facility licensing standards; requiring a
813 child care facility operating as a provider of certain
814 voluntary prekindergarten education programs or child
815 care programs to comply with minimum standards;
816 providing penalties for failure to disclose or for use
817 of certain information; requiring the department to
818 establish a fee for inspection and compliance
819 activities; amending s. 627.70161, F.S.; revising
820 restrictions on residential property insurance
821 coverage to include coverage for large family child
822 care homes; amending s. 1001.213, F.S.; providing
823 additional duties of the Office of Early Learning;