Florida Senate - 2015                              CS for SB 210
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Gibson
       
       
       
       
       586-01952-15                                           2015210c1
    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.; defining the term “advertise”; redefining the
    5         term “family day care home” to include homes that
    6         advertise the availability of services whether or not
    7         they receive a payment, fee, or grant for any of the
    8         children receiving care and whether or not they are
    9         operated for profit; amending s. 402.313, F.S.;
   10         requiring a family day care home to conspicuously
   11         display its license or registration in the common area
   12         of the home, to provide proof of a written plan that
   13         identifies a designated substitute for the operator,
   14         and to provide proof of screening and background
   15         checks for certain individuals; amending s. 402.3131,
   16         F.S.; requiring a large family child care home to
   17         permanently post its license in a conspicuous location
   18         that is visible by all parents and guardians and the
   19         Department of Children and Families; amending s.
   20         402.318, F.S.; prohibiting certain persons from
   21         advertising a child care facility, a family day care
   22         home, or a large family child care home without
   23         including the facility’s or home’s license number,
   24         registration number, or exemption number in such
   25         advertisement; providing penalties; amending ss.
   26         402.317 and 1002.88, F.S.; conforming cross
   27         references; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Present subsections (1) through (7) and (9)
   32  through (18) of section 402.302, Florida Statutes, are
   33  redesignated as subsections (2) through (8) and (10) through
   34  (19), respectively, present subsection (8) is amended, and a new
   35  subsection (1) is added to that section, to read:
   36         402.302 Definitions.—As used in this chapter, the term:
   37         (1) “Advertise” means to market child care services through
   38  any means, including, but not limited to, online message boards,
   39  motor vehicle signs, newspaper advertisements, roadside signs,
   40  flyers and posters, and radio and television announcements.
   41         (9)(8) “Family day care home” means an occupied residence
   42  in which care, protection, and supervision of a child, for a
   43  period of less than 24 hours a day on a regular basis, which
   44  supplements parental care, enrichment, and health supervision
   45  for the child, in accordance with his or her individual needs,
   46  child care is regularly provided for children from at least two
   47  unrelated families and which either receives a payment, fee, or
   48  grant for any of the children receiving care, whether or not
   49  operated for profit, or advertises the availability of its
   50  services, whether or not it receives a payment, fee, or grant
   51  for any of the children receiving care, and whether or not
   52  operated for profit. Household children under 13 years of age,
   53  when on the premises of the family day care home or on a field
   54  trip with children enrolled in child care, shall be included in
   55  the overall capacity of the licensed home. A family day care
   56  home shall be allowed to provide care for one of the following
   57  groups of children, which shall include household children under
   58  13 years of age:
   59         (a) A maximum of four children from birth to 12 months of
   60  age.
   61         (b) A maximum of three children from birth to 12 months of
   62  age, and other children, for a maximum total of six children.
   63         (c) A maximum of six preschool children if all are older
   64  than 12 months of age.
   65         (d) A maximum of 10 children if no more than 5 are
   66  preschool age and, of those 5, no more than 2 are under 12
   67  months of age.
   68         Section 2. Subsection (1) of section 402.313, Florida
   69  Statutes, is amended to read:
   70         402.313 Family day care homes.—
   71         (1) A family day care home must homes shall be licensed
   72  under this section act if it is they are presently being
   73  licensed under an existing county licensing ordinance or if the
   74  board of county commissioners passes a resolution that family
   75  day care homes be licensed. Each licensed or registered family
   76  day care home must conspicuously display its license or
   77  registration in the common area of the home.
   78         (a) If not subject to license, a family day care home must
   79  homes shall register annually with the department and provide,
   80  providing the following information:
   81         1. The name and address of the home.
   82         2. The name of the operator.
   83         3. The number of children served.
   84         4. Proof of a written plan to identify a provide at least
   85  one other competent adult who has met the screening and training
   86  requirements of the department to serve as a designated
   87  substitute to be available to substitute for the operator in an
   88  emergency. This plan must shall include the name, address, and
   89  telephone number of the designated substitute.
   90         5. Proof of screening and background checks for the
   91  operator, each household member, and the designated substitute.
   92         6. Proof of successful completion of the 30-hour training
   93  course, as evidenced by passage of a competency examination,
   94  which must shall include:
   95         a. State and local rules and regulations that govern child
   96  care.
   97         b. Health, safety, and nutrition.
   98         c. Identifying and reporting child abuse and neglect.
   99         d. Child development, including typical and atypical
  100  language development; and cognitive, motor, social, and self
  101  help skills development.
  102         e. Observation of developmental behaviors, including using
  103  a checklist or other similar observation tools and techniques to
  104  determine a child’s developmental level.
  105         f. Specialized areas, including early literacy and language
  106  development of children from birth to 5 years of age, as
  107  determined by the department, for owner-operators of family day
  108  care homes.
  109         7. Proof that immunization records are kept current.
  110         8. Proof of completion of the required continuing education
  111  units or clock hours.
  112         (b) A family day care home may volunteer to be licensed
  113  under this act.
  114         (c) The department may provide technical assistance to
  115  counties and family day care home providers to enable counties
  116  and family day care providers to achieve compliance with family
  117  day care homes standards.
  118         Section 3. Subsection (1) of section 402.3131, Florida
  119  Statutes, is amended to read:
  120         402.3131 Large family child care homes.—
  121         (1) A large family child care home must homes shall be
  122  licensed under this section and permanently post its license in
  123  a conspicuous location that is visible by all parents and
  124  guardians and the department.
  125         (a) A licensed family day care home must first have
  126  operated for a minimum of 2 consecutive years, with an operator
  127  who has had a child development associate credential or its
  128  equivalent for 1 year, before seeking licensure as a large
  129  family child care home.
  130         (b) The department may provide technical assistance to
  131  counties and family day care home providers to enable the
  132  counties and providers to achieve compliance with minimum
  133  standards for large family child care homes.
  134         Section 4. Section 402.318, Florida Statutes, is amended to
  135  read:
  136         402.318 Advertisement.—A person, as defined in s. 1.01 s.
  137  1.01(3), may not advertise a child care facility as defined in
  138  s. 402.302, a child care facility that is exempt from licensing
  139  requirements pursuant to s. 402.316, a family day care home as
  140  defined in s. 402.302, or a large family child care home as
  141  defined in s. 402.302 without including within such
  142  advertisement the state or local agency license number,
  143  exemption number, or registration number of the such facility or
  144  home. A person who violates Violation of this section commits is
  145  a misdemeanor of the first degree, punishable as provided in s.
  146  775.082 or s. 775.083.
  147         Section 5. Section 402.317, Florida Statutes, is amended to
  148  read:
  149         402.317 Prolonged child care.—Notwithstanding the time
  150  restriction specified in s. 402.302(2) 402.302(1), child care
  151  may be provided for 24 hours or longer for a child whose parent
  152  or legal guardian works a shift of 24 hours or more. The
  153  requirement that a parent or legal guardian work a shift of 24
  154  hours or more must be certified in writing by the employer, and
  155  the written certification shall be maintained in the facility by
  156  the child care provider and made available to the licensing
  157  agency. The time that a child remains in child care, however,
  158  may not exceed 72 consecutive hours in any 7-day period. During
  159  a declared state of emergency, the child care licensing agency
  160  may temporarily waive the time limitations provided in this
  161  section.
  162         Section 6. Paragraph (d) of subsection (1) of section
  163  1002.88, Florida Statutes, is amended to read:
  164         1002.88 School readiness program provider standards;
  165  eligibility to deliver the school readiness program.—
  166         (1) To be eligible to deliver the school readiness program,
  167  a school readiness program provider must:
  168         (d) Provide an appropriate staff-to-children ratio,
  169  pursuant to s. 402.305(4) or s. 402.302(9) s. 402.302(8) or s.
  170  402.302(12) (11), as applicable, and as verified pursuant to s.
  171  402.311.
  172         Section 7. This act shall take effect July 1, 2015.