Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1520
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Children, Families, and Elder Affairs (Hutson)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (1) through (14) of section
    6  402.302, Florida Statutes, are redesignated as subsections (2)
    7  through (15), respectively, a new subsection (1) is added to
    8  that section, present subsection (2) is amended, present
    9  subsections (15) through (18) of that section are redesignated
   10  as subsections (17) through (20), respectively, and a new
   11  subsection (16) is added to that section, to read:
   12         402.302 Definitions.—As used in this chapter, the term:
   13         (1) “After-school program” means child care for school-age
   14  children during out-of-school times, including, but not limited
   15  to, before school or after school, school breaks, and in-service
   16  planning days.
   17         (a) The term includes, but is not limited to, a program
   18  that does not require a parent to be in attendance while the
   19  child is at the facility and satisfies three or more of the
   20  following elements:
   21         1. Provides transportation to or from the facility where
   22  the program is offered.
   23         2. Provides meals or snacks to children participating in
   24  the program.
   25         3. Provides more than one type of activity, including but
   26  not limited to educational, artistic, athletic, or self-directed
   27  activities.
   28         4. Provides tutoring or homework assistance, or includes a
   29  specific time for children to complete homework while at the
   30  program.
   31         5. Advertises or holds itself out as providing child care
   32  or being an after-school program.
   33         6. Takes children on field trips.
   34         (b) The term does not include:
   35         1. A program on a public or nonpublic school site which is
   36  operated and staffed directly by the school or through a formal
   37  agreement between the school and a provider to serve children
   38  who attend that school. A lease for space or user agreement is
   39  not considered a formal agreement.
   40         2. A program that is solely instructional or tutorial.
   41         3. An open-access program. For purposes of this
   42  subparagraph, the term “open-access program” means a program
   43  that allows children to come and go at will. Such a program may
   44  not serve children for more than 4 hours per regular school day;
   45  may not advertise or otherwise represent that it provides child
   46  care or after school care, is an after-school program, or offers
   47  supervision; may not provide supervision; may not provide
   48  transportation, directly or indirectly; may not provide meals or
   49  snacks outside of the federal Afterschool Meal Program; and may
   50  not deliver a school readiness program pursuant to s. 1002.88.
   51         4. A program that does not hold a Gold Seal Quality Care
   52  designation under s. 402.281 which provides child care
   53  exclusively for children in grades 6 through 12.
   54         (3) (2) “Child care facility” includes any child care
   55  center or child care arrangement which provides child care for
   56  more than five children unrelated to the operator and which
   57  receives a payment, fee, or grant for any of the children
   58  receiving care, wherever operated, and whether or not operated
   59  for profit. The following are not included:
   60         (a) Public schools and nonpublic schools and their integral
   61  programs, except as provided in s. 402.3025;
   62         (b) Summer camps having children in full-time residence;
   63         (c) Summer day camps;
   64         (d) Bible schools normally conducted during vacation
   65  periods; and
   66         (e) Operators of transient establishments, as defined in
   67  chapter 509, which provide child care services solely for the
   68  guests of their establishment or resort, provided that all child
   69  care personnel of the establishment are screened according to
   70  the level 2 screening requirements of chapter 435;. and
   71         (f)After-school progams.
   72         (16) “School age child” means a child who is at least 5
   73  years of age and no older than 12 years of age by September 1 of
   74  the beginning of the school year who is enrolled in kindergarten
   75  or a higher grade.
   76         Section 2. Paragraph (d) of subsection (1) of 402.310,
   77  Florida Statutes, is amended to read:
   78         402.310 Disciplinary actions; hearings upon denial,
   79  suspension, or revocation of license or registration;
   80  administrative fines.—
   81         (1)(a) The department or local licensing agency may
   82  administer any of the following disciplinary sanctions for a
   83  violation of any provision of ss. 402.301-402.319, or the rules
   84  adopted thereunder:
   85         (d) The disciplinary sanctions set forth in this section
   86  apply to licensed child care facilities, licensed large family
   87  child care homes, and licensed or registered family day care
   88  homes,. and registered after-school programs.
   89         Section 3. Section 402.311, Florida Statutes, is amended to
   90  read:
   91         402.311 Inspection.-
   92         (1) A Licensed child care facilities facility and after
   93  school programs registered with the department shall accord to
   94  the department or the local licensing agency, whichever is
   95  applicable, the privilege of inspection, including access to
   96  facilities and personnel and to those records required in s.
   97  402.305, at reasonable times during regular business hours, to
   98  ensure compliance with ss. 402.301-402.319. The right of entry
   99  and inspection shall also extend to any premises which the
  100  department or local licensing agency has reason to believe are
  101  being operated or maintained as either a child care facility
  102  without a license or an after-school program not properly
  103  registered, but no such entry or inspection of any premises
  104  shall be made without the permission of the person in charge
  105  thereof unless a warrant is first obtained from the circuit
  106  court authorizing such entry or inspection. Any application for
  107  a license or renewal made pursuant to this act or the
  108  advertisement to the public for the provision of child care as
  109  defined in s. 402.302 shall constitute permission for any entry
  110  or inspection of the premises for which the license or renewal
  111  is sought in order to facilitate verification of the information
  112  submitted on or in connection with the application. In the event
  113  a licensed facility or registered after-school program refuses
  114  permission for entry or inspection to the department or local
  115  licensing agency, a warrant shall be obtained from the circuit
  116  court authorizing entry or inspection before such entry or
  117  inspection. The department or local licensing agency may
  118  institute disciplinary proceedings pursuant to s. 402.310 for
  119  such refusal.
  120         Section 4.  Section 402.3132, Florida Statutes, is created
  121  to read:
  122         403.3132 After-school programs.—
  123         (1) After-school programs, as defined in s. 402.302(1),
  124         must register with the department, providing the following
  125  information:
  126         (a) The name and address of the program.
  127         (b) The name of the owner/operator of the program.
  128         (c) The number of children served.
  129         (d) Proof of a written plan to provide at least one other
  130         competent adult to be available for the owner/operator in
  131  an emergency. This plan should include the name, address, and
  132  telephone number of the designated substitute.
  133         (2) After-school programs must provide proof to the
  134         department that all employed personnel have completed a
  135  safety training program of at least 120 minutes in duration
  136  which includes training in, at a minimum, the following subject
  137  areas:
  138         (a) Appropriate interactions between adults and children;
  139         (b) Basic supervision of activities offered;
  140         (c) Reporting accidents and incidents; and
  141         (d) Emergency response procedures including first aid and
  142  CPR.
  143         (3) After-school programs must provide proof to the
  144  department that all employed personnel have undergone a
  145  background screening conducted as provided in chapter 435, using
  146  the level 2 standards for screening set forth in that chapter,
  147  and have not been found guilty of, regardless of adjudication,
  148  or entered a plea of nolo contendere or guilty to, any of the
  149  offenses listed in ss. 435.03 or 453.04.
  150         (4) After-school programs must allow for annual inspections
  151  by the department to ensure compliance with the following
  152  standards:
  153         (a) When caring for school-age children, after-school
  154  program personnel will be responsible for the supervision of the
  155  children in care and capable of responding to emergencies, and
  156  are accountable for the children at all times, including when
  157  children are separated from their groups.
  158         1. At all times, lighting within the program facility must
  159  allow after-school program personnel to see and supervise all
  160  children while in care.
  161         2. Supervision standards apply at all times away from the
  162  program facility, including during field trips, outdoor play,
  163  and when picking up or dropping off children at designated
  164  locations, such as bus stops, schools or a child’s home.
  165  Personnel must know where children are and what they are doing
  166  at all times.
  167         3. Personnel must respond appropriately to the individual
  168  needs and special interests, abilities and cultures of children.
  169         4.The facility must have and communicate to staff and
  170  parents/guardians a plan for safe, supervised drop-off and pick
  171  up points and pedestrian crosswalks in the vicinity of the
  172  facility. The plan must require the drop-off and pick-up are in
  173  a location protected from traffic.
  174         5.Personnel are required to supervise drop-off and loading
  175  to assure that children are clear of the perimeter of all
  176  vehicles before the vehicle moves. The personnel supervising the
  177  children are required to stay with each child and remain
  178  responsible until the custody of the child has been accepted by
  179  the individual designated in advance to care for that child.
  180         6. Personnel are responsible for picking up a child from a
  181  designated location agreed upon by the provider and the parent.
  182  The provider is responsible for the timely arrival of its
  183  personnel at the designated location and supervision of the
  184  child upon the child’s arrival. If a child is not present at the
  185  time of pick-up, prior to leaving the designated location,
  186  personnel must verify the whereabouts of the child.
  187         7. No person shall be an operator, owner or employee in a
  188  program while using or under the influence of narcotics, alcohol
  189  or other drugs that impair an individual’s ability to provide
  190  supervision and safe child care.
  191         8. For the purpose of safety, one additional adult must be
  192  present on all field trips away from the school-age child care
  193  program to assist in providing direct supervision. The
  194  individual could be a parent volunteer as long as that person is
  195  under direct and constant supervision of a screened and trained
  196  staff member of the after-school program. When a program
  197  facility that utilizes an area away from the facility or on a
  198  field trip that is subject to use by persons outside of the
  199  program and does not allow the program to have exclusive control
  200  of such area, the children must be under direct supervision
  201  (within sight and sound) of a screened and trained staff member.
  202         9. A telephone or other means of instant communication must
  203  be available to staff responsible for children during all field
  204  trips. Cellular phones, two-way radio devices, citizen band
  205  radios, and other means of instant communication are acceptable.
  206         10. If an after-school program uses a swimming pool that
  207  exceeds 3 feet in depth or uses beach or lake areas for water
  208  activities, there must either be one person with a certified
  209  lifeguard certificate or equivalent present, or a certified
  210  lifeguard must be on duty and present when any children are in
  211  the swimming area.
  212         11.During meal/snack times, children must be individually
  213  fed and provided their own tableware and be supervised
  214  appropriately for their ages.
  215         12. A program must not release a child to any unauthorized
  216  individual. All individuals authorized to pick up a child must
  217  be identified in writing by the custodial parent or legal
  218  guardian to the program, and the program must verify using
  219  picture identification. Identification is required on a
  220  continuous basis or until staff become familiar with the people
  221  picking up the children.
  222         (b) It is necessary for the safety of children to require
  223  that the caregiver comply with minimum requirements for
  224  governing the transportation of children in care in the absence
  225  of the parent/guardian.
  226         1. All vehicles regularly used to transport children must
  227  be inspected annually by a mechanic to ensure that they are in
  228  proper working order. Documentation by the mechanic must be
  229  maintained in the vehicle.
  230         2. The maximum number of individuals transported in a
  231  vehicle may not exceed the manufacturer’s designated seating
  232  capacity or the number of factory installed seat belts.
  233         3. Each child, when transported, must be seated in a back
  234  seat in an individual factory installed seat belt or federally
  235  approved child safety restraint. The child safety restraint must
  236  be installed, secured and used in accordance with the
  237  manufacturer’s instructions and a copy of such instructions must
  238  be maintained on file with the program. All children under age 5
  239  must be in a car seat or booster seat, and all children age 5
  240  and older must be in seat belts.
  241         4.Contact information for the parent or custodian of each
  242  child being transported must be in the vehicle during transport.
  243  When transporting children with chronic medical conditions (such
  244  as asthma, diabetes or seizures), their emergency care plans and
  245  supplies or medication must be available in the vehicle. The
  246  responsible adult in the vehicle must be trained to recognize
  247  and respond appropriately to a medical emergency.
  248         5. When transporting children, staff-to-child ratios must
  249  be maintained at all times. The driver may be included in the
  250  staff-to-child ratio if he or she meets screening and training
  251  requirements.
  252         6.All after-school programs must comply with the insurance
  253  requirements found in s. 316.615(4), F.S.
  254         (c) The driver of any vehicle used by an after-school
  255  program to provide transportation must have the following:
  256         1. A valid Florida driver’s license;
  257         2. An annual physical examination which grants medical
  258  approval to drive, and valid certificate(s) of course completion
  259  for first aid training and infant and child cardiopulmonary
  260  resuscitation (CPR) procedures; and
  261         3.A log which must be maintained for all children being
  262  transported in the vehicle. The log must be retained on file at
  263  the facility for a minimum of 12 months and available for review
  264  by the licensing authority. The log must include each child’s
  265  name, date, time of departure, time of arrival, the signature of
  266  the driver, and the signature of a second staff member or
  267  person(s) authorized by the parent to verify the driver’s log
  268  and that all children have left the vehicle.
  269         4. Prior to transporting children, the transportation log
  270  must be recorded, signed, and dated immediately, verifying that
  271  all children were accounted for and that the log is complete.
  272         5.Upon arrival at the destination, the driver of the
  273  vehicle must mark each child off the log as the child departs
  274  the vehicle; conduct a physical inspection and visual sweep of
  275  the vehicle interior to ensure that no child is left in the
  276  vehicle; and record, sign, and date the transportation log
  277  immediately, verifying that all children were accounted for, and
  278  that the visual sweep was conducted, ensure that a second staff
  279  member signs and dates the transportation log verifying that all
  280  children were accounted for, and that the log is complete.
  281         6.Upon arrival at the destination, a second and different
  282  staff member must conduct a physical inspection and visual sweep
  283  of the vehicle to ensure that no child is left in the vehicle,
  284  and sign, date and record the driver’s log immediately,
  285  verifying that all children were accounted for, and that the log
  286  is complete.
  287         (d)Field trip activities:
  288         1. Parents must be advised in advance of each field trip
  289  activity.
  290         2. The date, time, and location of the field trip must be
  291  posted in an easily seen location at least two working days
  292  prior to each field trip.
  293         3.Written parental permission must be obtained in the form
  294  of a general or event-specific permission slip.
  295         4. If special circumstances arise where notification of an
  296  event cannot be posted for two working days, individual
  297  permission slips must be obtained from the custodial parent or
  298  legal guardian for each child participating on the field trip.
  299         5.Documentation of parental permission for field trips
  300  must be maintained for a minimum of 12 months.
  301         (e) General health and safety requirements:
  302         1.All school-age program facilities must be clean, in good
  303  repair, and free from health and safety hazards and vermin.
  304  During the hours that the program is in operation, no portion of
  305  the building can be used for any activity that presents a risk
  306  to the health and safety of the children.
  307         2. It is the responsibility of the owner/operator to ensure
  308  that all areas and equipment of the program facility are free
  309  from fire hazards, such as lint and dust build-up in heating and
  310  air vents, filters, exhaust fans, ceiling fans and dryer vents.
  311  This includes grease build-up in ovens, stoves and food
  312  equipment.
  313         3. Animals must be properly vaccinated, free from disease,
  314  and clean. Parents must be informed in writing of all animals on
  315  the premises. Notice may be provided by a conspicuously posted
  316  notice or bulletin, policy handbook, parent flier, or a
  317  statement included on the enrollment form. Current vaccinations
  318  records must be available for review by the licensing authority.
  319  No animal may freely roam the indoor/outdoor premises. Animals
  320  are prohibited in areas where food is prepared or served. If
  321  animals or birds are kept in classrooms, cages must be kept away
  322  from the food storage area and preparation or service area and
  323  kept clean.
  324         4. Pursuant to Chapter 386, F.S., smoking is prohibited
  325  within the after-school program facility, all outdoor areas,
  326  during field trips, and in vehicles when being used to transport
  327  children. Owners/operators are to notify custodial parents and
  328  legal guardians, in writing, that smoking is prohibited on the
  329  premises of the after-school program facility.
  330         5.Design and construction of a new after-school program
  331  facility or modifications to an existing program facility must
  332  meet the requirements of the applicable local governing body.
  333  The program facility must provide current written approval from
  334  the local governing body to verify compliance with building
  335  requirements.
  336         (f) Toxic/hazardous material/firearms/weapons:
  337         1. All areas and surfaces accessible to children must be
  338  free from toxic substances, bio-contaminants, and hazardous
  339  materials/equipment/tools, including power tools.
  340         2. All potentially harmful items, including cleaning
  341  supplies, flammable products, poisonous, toxic, and hazardous
  342  materials, must be labeled. These items, as well as knives,
  343  sharp tools, and other potentially dangerous hazards, must be
  344  stored in a locked area or must be inaccessible and out of a
  345  child’s reach at all times.
  346         3.Firearms and weapons, as defined in section 790.001,
  347  F.S., are prohibited within any building or upon any person
  348  located on the premises, excluding federal, state or local law
  349  enforcement officers.
  350         4.Narcotics, alcohol or other impairing drugs must not be
  351  present on the premises.
  352         (g) Rooms occupied by children:
  353         1. All areas of the program facility must have lighting
  354  that provides adequate illumination and comfort for program
  355  facility activities, a minimum of 20 foot-candles of lighting is
  356  required.
  357         2. For reading, homework, painting and other close work
  358  areas, 50 foot-candles at the work surface is required.
  359         3.When the windows or doors are open, for more than
  360  entering/exiting purposes, all buildings must have and maintain
  361  screens to prevent entrance of any insects or rodents. Screens
  362  are not required for open-air classrooms and picnic areas.
  363         4. An inside temperature of 65 – 82 degrees Fahrenheit must
  364  be maintained at all times.
  365         5. Adequate ventilation must be maintained in all areas of
  366  the program facility, in particular in those areas where arts
  367  and crafts are conducted, and during any cleaning, sanitizing or
  368  disinfecting procedure, to prevent children and child care
  369  personnel from inhaling harmful or potentially toxic fumes.
  370         (h) Restrooms and bathroom facilities:
  371         1. Each after-school program must provide and maintain
  372  bathroom facilities that are easily accessible and at a height
  373  usable by the children. Platforms are acceptable when safely
  374  constructed, with impervious surfaces that can be easily cleaned
  375  and sanitized or disinfected.
  376         2. After-school program facilities must have a sufficient
  377  number of toilets and sinks for the number of children being
  378  served. For program facilities having from one to 15 children,
  379  there must be at least one toilet and one sink. There shall be
  380  at least one additional toilet and sink for every 30 children
  381  thereafter. For design and construction of a new child care
  382  facility or modification to an existing facility, the program
  383  must submit copies of permits obtained to do the work or proof
  384  that the permit was satisfied according to the city/county local
  385  jurisdiction.
  386         3. Bathrooms shall not open directly into an area where
  387  food is prepared. A toilet facility may open directly into an
  388  area used by children where food is served, such as into a
  389  classroom where tables/chairs have multiple uses.
  390         4. Running water, soap, trash receptacles, toilet paper,
  391  and disposable towels or hand-drying machines that are properly
  392  installed and maintained must be available and within reach of
  393  children using the bathroom.
  394         5. Each sink and toilet must be maintained in good
  395  operating condition, cleaned and sanitized or disinfected as
  396  needed, but at least once per day.
  397         (i)Fire safety and emergency preparedness:
  398         1. There must be at least one operable corded telephone
  399  that is neither locked nor located at a pay station that is
  400  available to all personnel at all times during the hours of
  401  operation.
  402         2. Unless statutorily exempted, all after-school programs
  403  must conform to state standards adopted by the State Fire
  404  Marshal, Chapter 69A-36, F.A.C., Uniform Fire Safety Standards
  405  for Nonresidential Child Care Facilities, and must be inspected
  406  annually. A copy of the current and approved annual fire
  407  inspection report by a certified fire inspector must be on file
  408  with the licensing authority. If the program is granted a fire
  409  inspection exemption by the local fire inspection office, the
  410  exemption must be documented and maintained on file at the
  411  program.
  412         3. The after-school program facility must properly maintain
  413  fire extinguishers with a minimum rating of 2A10BC at all times.
  414  All staff must be trained in the use and operation of a fire
  415  extinguisher within 30 days of their employment date.
  416  Documentation of such training must be maintained in the
  417  personnel file. Travel distance to the nearest extinguisher must
  418  not be more than 75 feet from rooms occupied by children. A fire
  419  extinguisher must be present in vehicles used to transport
  420  children and areas where food is prepared.
  421         4.Automatic range-top fire suppression systems are
  422  required in the kitchen for program facilities that deep fry
  423  food. Suppression hood systems must be maintained and inspected
  424  in accordance with the Florida Fire Prevention Code as adopted
  425  in Chapter 69A-60, F.A.C.
  426         5. Exits should be clearly identified and visible at all
  427  times during operation of the after-school program.
  428         6. The exits should be clearly marked, identifying the path
  429  to safety in case of an emergency. The exits should not be
  430  blocked at any time.
  431         7. During the program’s registration year, fire drills
  432  utilizing the approved alarm system must be conducted monthly at
  433  various dates and times when children are in care.
  434         8. A current attendance record must accompany staff out of
  435  the building during a drill or actual evacuation and be used to
  436  account for all children. When the program’s approved alarm
  437  system is activated, all adults and children must evacuate. The
  438  operator must maintain a written record of the fire drills
  439  showing the date, number of children and staff in attendance,
  440  evacuation route used, and time taken for all individuals to
  441  evacuate the premises. Each fire drill record must be maintained
  442  for a minimum of two years from the date of the fire drill. The
  443  fire drills conducted must include, at a minimum, one fire drill
  444  using an alternate evacuation route and one drill in the
  445  presence of and at the request of the licensing authority in
  446  coordination with the operator or designee.
  447         9. The operator must develop a written emergency
  448  preparedness plan that includes, at a minimum, procedures to be
  449  taken by the program during a fire, shelter in place, lockdown
  450  and inclement weather (for example: hurricanes, tropical storms
  451  or tornadoes), and to facilitate parent/guardian reunification
  452  onsite and offsite. The plan must describe how the program will
  453  meet the needs of all children, including children with special
  454  needs, during and following an emergency event.
  455         10.Emergency preparedness drills must be conducted when
  456  children are in care. Each drill outlined in the emergency
  457  preparedness plan must be practiced a minimum of one time per
  458  year, and may substitute for up to three monthly fire drills.
  459  Documentation of this substitution must be maintained for one
  460  year. A current attendance record must accompany staff during
  461  the drill or actual emergency and must be used to account for
  462  all children.
  463         11. The operator must maintain and post in an easily seen
  464  location a written record of emergency preparedness drills
  465  showing the type of drill, date conducted, number of children
  466  and staff in attendance, and time taken for all individuals to
  467  complete the drill.
  468         12. Documentation of conducted fire and emergency
  469  preparedness drills must be available at the time of inspection.
  470  Documentation produced after the inspection will not be used to
  471  meet the registration standard or corrective action
  472  requirements.
  473         13. The operator must prepare and post an emergency
  474  evacuation plan in each room of the program facility, excluding
  475  restrooms, including a diagram of safe routes by which the
  476  personnel and children may exit in the event of fire or other
  477  emergency requiring evacuation.
  478         14. After a fire or natural disaster, the operator must
  479  notify the licensing authority within 24 hours of operational
  480  status in order for the licensing authority to ensure health
  481  standards are being met for continued operation.
  482         (j) Food preparation area/food service: A food preparation
  483  area is required for program facilities that choose to prepare
  484  food in a manner consistent with the definition of “preparation
  485  of food”. Specific requirements for the food preparation area
  486  include:
  487         1. Ventilation provided either by mechanical or natural
  488  means to provide fresh air and control of unpleasant odors, such
  489  as a fan, vent or open window with a screen.
  490         2.  Smooth, nonabsorbent food contact surfaces with no
  491  unsealed cracks or seams. Food-contact surfaces are surfaces of
  492  equipment, countertops, utensils, etc., that food comes into
  493  contact with during food preparation.
  494         3. Food equipment maintained and stored in a sanitary
  495  manner and out of the reach of children.
  496         4. Shielded lighting.
  497         5. Nonabsorbent and easily-cleaned flooring and floor
  498  covering.
  499         6. Easily cleanable or replaceable ceiling in the event of
  500  water and other damage, mildew, or mold.
  501         7. A separate hand washing station with hot running water a
  502  minimum of 100 degrees Fahrenheit. A hand washing station must
  503  include a sink with running water and drainage, soap, trash can,
  504  and disposable towels or hand-drying machines that are properly
  505  installed and maintained. Hand washing stations must include
  506  posted signs visible to employees and children, demonstrating
  507  proper hand washing technique. Portable sinks may not be used
  508  for dishwashing or food preparation. If a portable sink is used
  509  for handwashing in the food preparation area, hot water must be
  510  provided.
  511         8. Leak-proof, nonabsorbent containers, covered with a
  512  tight-fitting lid, for all food waste stored inside the program
  513  facility. The container must be emptied, cleaned and sanitized
  514  or disinfected daily.
  515         9. A food preparation area clean and free of dust, dirt,
  516  food particles and grease deposits. Employees, volunteers and
  517  substitutes, while working in the food preparation area, must
  518  wear proper head covering, such as a hair net or hat. To prevent
  519  contact with ready-to-eat foods, staff must use clean disposable
  520  gloves, utensils, or similar items in the food preparation area.
  521         10. For safety, children must not be present in the food
  522  preparation area when meals and snacks are prepared unless while
  523  being supervised or participating in a cooking activity.
  524         (k) Food storage:
  525         1.Food containers, such as cans, plastic containers,
  526  boxes, and bags, must be stored above the floor on clean
  527  surfaces protected from splash and other contamination.
  528         2. Food must be consumed or discarded on or before the
  529  expiration dates listed by the manufacturer.
  530         3. Poisonous/toxic chemicals or cleaning products must be
  531  stored separately from food.
  532         4. Opened packages of perishable or leftover food items
  533  must be properly covered or sealed in containers or bags,
  534  labeled with the date, and properly stored and discarded within
  535  seven calendar days.
  536         5. Opened packages of dried goods must be properly
  537  covered/sealed, properly stored, and discarded according to the
  538  manufacturer’s recommended date or if the quality of the goods
  539  has been compromised.
  540         6.An accurate alchohol thermometer designed to measure
  541  cold storage temperature must be placed inside each
  542  refrigeration and freezer unit. Thermometers in refrigerators
  543  must show a reading of 41 degrees Fahrenheit or below, and
  544  thermometers in freezers must show a reading of 0 degrees
  545  Fahrenheit or below. The thermometer must be located in the
  546  center of the unit and be readily accessible. Thermometer
  547  temperature readings higher than specified above require further
  548  temperature testing of food samples stored in the unit using a
  549  probe type thermometer; and adjustments to the unit setting to
  550  reach and maintain the required readings.
  551         7. Food may be frozen prior to the expiration date, but
  552  when thawed, it must be labeled with the date it was removed
  553  from the freezer and discarded within seven calendar days.
  554         (l) Food safety:
  555         1. If an after-school program provides food to children in
  556  care, it must provide nutritious meals and snacks of a quantity
  557  and quality to help meet the daily nutritional needs of the
  558  children. The USDA My Plate, is to be used to determine which
  559  food groups to serve at each meal or snack and the serving size
  560  of the selected foods for children ages 2 and older. Copies of
  561  the USDA My Plate dieting guidelines, incorporated by reference
  562  in 65C-22.008(6)(c),F.A.C., may be obtained from the USDA
  563  website athttp://www.choosemyplate.gov.
  564         2. If a program chooses to provide food to children
  565  directly or by contract with an outside source such as a
  566  caterer, the food must be free from spoilage and contamination
  567  and safe for human consumption, and must be stored and handled
  568  in a sanitary manner at all times. The program must have
  569  adequate equipment available to maintain food safety.
  570         3.Meat, poultry, fish, dairy products, and processed foods
  571  must have been inspected under the United States Department of
  572  Agriculture requirements.
  573         4.No raw milk or unpasteurized juice may be served without
  574  the written consent of the parent or legal guardian.
  575         5.No home-canned food may be served.
  576         6. No homegrown eggs may be served.
  577         7. No recalled food products may be served.
  578         8.All raw fruits and vegetables must be washed thoroughly
  579  before being served or cooked.
  580         9.To prevent food from becoming potentially hazardous, hot
  581  foods must be maintained at a temperature of 135 degrees
  582  Fahrenheit or above, and cold foods must be maintained.
  583         10.Foods that comprise meals included on a program’s menu
  584  may not be prepared or partially prepared outside of the program
  585  facility unless prepared by a caterer or an after-school program
  586  under the same ownership that includes a food preparation area
  587  that meets licensing standards.
  588         11. If a program chooses to provide or make available food
  589  to children in care from an outside source, such as a caterer,
  590  or as the result of a learning activity provided by an after
  591  school program, such as a garden, it is the responsibility of
  592  the provider to ensure all food intended for consumption by a
  593  child in care is free from spoilage and contamination and safe
  594  for human consumption.
  595         12. A log must be maintained for all prepared meals being
  596  transported into the program facility. The log must be retained
  597  for a minimum of 12 months. The log must include the date, time
  598  of arrival, quantity and types of food, verification by the
  599  recipient of condition of the food, verification by the
  600  recipient of adequate temperatures of food, and the name and
  601  signature of the recipient.
  602         13. Parents and legal guardians must be advised in advance
  603  of each food-related activity, such as special occasions and
  604  learning activities that include food consumption. Written
  605  parental permission may be obtained in the form of a general or
  606  specific permission slip. Documentation of parent permission for
  607  food activities must be maintained for a minimum of 12 months
  608  from the date of each activity.
  609         14.If an after-school program chooses not to provide meals
  610  and snacks, arrangements must be made with the custodial parent
  611  or legal guardian to provide nutritional food for the child. In
  612  the event that a child’s parent fails to provide nutritious
  613  meals/snacks, the program must provide supplemental food items
  614  to complete the child’s meal.
  615         15. If a special diet is required for a child by a
  616  physician, a copy of the physician’s order, a copy of the diet,
  617  and a sample meal plan for the special diet must be maintained
  618  in the child’s file and followed. If the custodial parent or
  619  legal guardian notifies the program of any known food allergies,
  620  written documentation must be maintained in the child’s file for
  621  as long as the child is in care. Special food restrictions must
  622  be shared with staff and must be posted in an easily seen
  623  location that is not readily visible by parents or non-staff.
  624         16.Meal and snack menus must be planned, written, dated,
  625  and posted at the beginning of each week in an easily seen place
  626  accessible to parents. Any menu substitution must be noted on
  627  the menu. A generalized menu of possible snack choices for
  628  programs that receive food donations is acceptable. All meals
  629  and snacks prepared outside of the facility’s kitchen or
  630  designated food preparation area, such as catered food, must be
  631  listed along with the source. Daily meal and snack menus must be
  632  maintained for a minimum of 12 months for registration purposes.
  633  Operators who participate in the USDA Food Program must keep
  634  menus in accordance with the Department of Health and USDA
  635  requirements.
  636         (m) Dishwashing and sanitization: For programs that prepare
  637  food, non-disposable food equipment, tableware, and utensils
  638  utilized for food preparation and food consumption must be
  639  properly cleaned by pre-rinsing or scraping, washing, rinsing,
  640  sanitizing, and air drying. If the after-school program lacks
  641  adequate dishwashing and sanitation described in this section
  642  for dishes, equipment, and utensils, only disposable single-use
  643  items may be used. All single service items must be discarded
  644  after each use. Food equipment, tableware and utensils used to
  645  prepare food must be washed and sanitized on-site, except when a
  646  caterer is used and the caterer is responsible for dishwashing
  647  as evidenced by a written agreement. Dishwashing and
  648  sanitization must be accomplished by using either a dishwasher
  649  with a sanitization cycle, an installed three-compartment sink
  650  or an installed two-compartment sink with a non-stationary or
  651  portable compartment receptacle, chemical sanitization, or hot
  652  water sanitization.
  653         1. The dishwasher must use heat or chemical injection for
  654  sanitization.
  655         2. If chemical sanitization is used, the wash water
  656  temperature must be set at a minimum of 120 degrees Fahrenheit,
  657  and the rinse water must be a minimum of 75 degrees Fahrenheit.
  658  If the dishwasher does not have a built-in thermometer to
  659  display the temperature of each cycle, a thermometer or
  660  thermometer test strips must be available to determine the rinse
  661  cycle temperature.
  662         3. Automatic sanitizing dispenser must be properly
  663  installed and maintained.
  664         4.A test kit or other device that accurately measures the
  665  concentration of the sanitizing solution must be available and
  666  used to confirm appropriate concentration of solution during one
  667  full cycle per day.
  668         5.If hot water is used for sanitization, the dishwasher
  669  must achieve a temperature of 160 degrees Fahrenheit on the
  670  surface of equipment/dishes/utensils being washed. If the
  671  dishwasher does not have a built-in thermometer to display the
  672  temperature of each cycle, a thermometer or thermometer test
  673  strips must be available to determine the rinse cycle
  674  temperature.
  675         6.The program facility must have a means for measuring the
  676  required temperature either by an irreversible registering
  677  temperature indicator (heat strip) or an external temperature
  678  display built into the machine.
  679         7.Installed compartment sinks may be used to wash produce
  680  and to fill cooking pots and pans with water when not in use for
  681  dishwashing.
  682         8. Sinks must be sanitized before and after each use.
  683         9.The first compartment must be used for washing; the
  684  second compartment must be used for rinsing; and the third
  685  compartment must be used for sanitizing.
  686         10. If only an installed two-compartment sink is available,
  687  the second compartment must be used for rinsing and a non
  688  stationary or portable compartment receptacle must be available
  689  and used to sanitize.
  690         11.If chemical sanitization is used, an exposure time of
  691  at least 7 seconds is required for a chlorine solution of 50
  692  mg/L that has a pH of 10 or less and a temperature of at least
  693  75 degrees Fahrenheit.
  694         12. If other sanitizers are used, the manufacturer
  695  instructions must be strictly followed.
  696         13. A test kit or other device that accurately measures the
  697  concentration of the sanitizing solution must be available and
  698  used to confirm appropriate concentration of solution during
  699  each use.
  700         14. If hot water is used for sanitizing,
  701  equipment/dishes/utensils must be immersed for a period of at
  702  least one-half minute in hot water at a temperature of 170
  703  degrees Fahrenheit or above. A probe type thermometer must be
  704  available for staff to measure water temperature.
  705         (n) Food handling:
  706         1. Milk (including cow, soy and other forms) and food that
  707  is normally maintained under refrigeration must not sit out of
  708  refrigeration for longer than 15 minutes prior to the beginning
  709  of the meal.
  710         2.Employees, volunteers and substitutes, while
  711  distributing snacks or serving food, must use clean disposable
  712  gloves, utensils and similar items to prevent skin contact with
  713  food.
  714         3. Food provided by parents must be stored and handled in a
  715  sanitary manner at all times. If food is supposed to be kept
  716  cold, the food must be stored until eaten, or parents must
  717  include ice packs to keep food they provide cold.
  718         4.Hot food served to the children must be kept at the
  719  appropriate temperature until plated and served to the children.
  720  Excessively hot food must have a cool down period within a 15
  721  minute timeframe to avoid danger of scalding.
  722         (o)Sanitation – hand-washing: employees, volunteers,
  723  substitutes, and children must wash their hands with soap and
  724  running water, dry thoroughly and follow personal hygiene
  725  procedures for themselves and while assisting others. Examples
  726  of activities when hand washing is required include, but are not
  727  limited to: before and after eating, immediately following
  728  outdoor play, after toileting, following the use of any cleaners
  729  or toxic chemicals, before and after administering medication,
  730  and during food preparation and snack distribution.
  731         1.Employees, volunteers, substitutes and children must
  732  follow the Centers for Disease Control guidelines for hand
  733  washing incorporated by reference in 65C-22.008(6)(d), F.A.C.
  734         2. The use of hand sanitizers does not substitute for hand
  735  washing. However, in areas away from the facility where no
  736  running water is available, hand sanitizers may be used.
  737  Examples of such places are field trips, nature trails or picnic
  738  areas where running water is not readily available.
  739         3. Employees, volunteers, and substitutes with open wounds
  740  and/or any injury that inhibits hand washing, such as casts,
  741  bandages, or braces, must not prepare food.
  742         (p)  Sanitation – drinking water: safe drinking water must
  743  be available to all children. If disposable cups are used, they
  744  must be discarded after each use.
  745         (q) Indoor equipment: equipment, materials, furnishings and
  746  play areas should be sturdy, safe and in good repair. Walls,
  747  ceilings, floors, furnishings, equipment, toys, and other
  748  surfaces should be suitable to the location and the users. They
  749  should be maintained in good repair, free from visible soil and
  750  clean. Equipment and furnishings should be placed to help
  751  prevent collisions and injuries, ensure proper supervision while
  752  meeting the objectives of the curriculum and permit freedom of
  753  movement by children. Televisions should be anchored or mounted
  754  to prevent tipping over. Chairs and other furnishings that
  755  children can easily climb should be kept away from cabinets and
  756  shelves to discourage children from climbing to a dangerous
  757  height or reaching something hazardous. The program should make
  758  reasonable accommodations to the program environment and
  759  schedule so that children with special needs may participate.
  760         1. An after-school program must make available enough toys,
  761  equipment and furnishings suitable to each child’s age and
  762  development for each child to be involved in activities. These
  763  items must be accessible and in good working order.
  764         2. Toys, equipment, and furnishings must be safe and
  765  maintained in a sanitary condition, and must be cleaned and
  766  sanitized or disinfected immediately if exposed to bodily
  767  fluids, such as saliva.
  768         3. Program facilities must provide age-appropriate seating
  769  at meal and snack time for all children.
  770         (r) Outdoor equipment: an after-school program must provide
  771  and maintain enough usable equipment and offer play activities
  772  suitable to the age and development of each child.
  773         1. All playground equipment must be securely anchored,
  774  unless portable or stationary by design, in good repair,
  775  maintained in safe condition, and placed to ensure safe use by
  776  the children. Maintenance must include inspections conducted
  777  every month of all supports above and below the ground and of
  778  all connectors and moving parts. Documentation of maintenance
  779  inspections must be maintained for two years.
  780         2. Permanent or stationary playground equipment must have a
  781  ground cover or other protective surface under the equipment and
  782  within the fall zone that provides resilience, and is maintained
  783  to reduce the incidence of injuries to children in the event of
  784  falls. Equipment used for climbing should not be placed over, or
  785  immediately next to, hard surfaces such as asphalt, concrete,
  786  dirt, grass, or flooring covered by carpet or gym mats not
  787  intended for use as surfacing for climbing equipment. All pieces
  788  of playground equipment should be placed over and surrounded by
  789  a shock-absorbing surface.
  790         3. All equipment, fences and objects on the program’s
  791  premises must be free from sharp, broken and jagged edges, and
  792  must be properly placed to prevent overcrowding or safety
  793  hazards in any one area.
  794         4. All equipment used in the outdoor play area must be
  795  constructed and maintained to allow for water drainage, and must
  796  be maintained in a safe and sanitary condition.
  797         5. Sandboxes must be covered at the end of each day. The
  798  covering used must prevent access to the sandbox by animals.
  799         (s) First aid, cardiopulmonary resuscitation and emergency
  800  procedures:
  801         1. Each after-school program must have at least one staff
  802  member with a current and valid certificate(s) of course
  803  completion for first aid training and child cardiopulmonary
  804  resuscitation (CPR) procedures.
  805         2. One staff member satisfying these training requirements
  806  must be present at all times that children are in care, both on
  807  site and on field trips.
  808         3. A field trip includes all activities away from the
  809  program, excluding regular transportation to and from the
  810  program (i.e., pick-up and drop-off).
  811         4. Certificates of course completion are valid based on the
  812  time frames established by each first aid and CPR training
  813  program, not to exceed three years.
  814         5. CPR courses must include on-site, instructor-based skill
  815  assessments by a certified CPR instructor. Documentation of
  816  completion of the online course and on-site assessment must be
  817  maintained at the facility and available for review by the
  818  licensing authority.
  819         6. Documentation identifying which staff members have met
  820  the first aid and child CPR training requirement must be kept on
  821  file.
  822         7. At least one first aid kit must be maintained on the
  823  premises at all times.
  824         8. A first aid kit must also accompany child care staff
  825  when children are participating on fieldtrips.
  826         9. Each kit must be in a closed container and labeled
  827  “First Aid.” The kits must be accessible to the child care staff
  828  at all times and kept out of the reach of children.
  829         10. If the first aid kit is stored in the food preparation
  830  area, it must be stored in a manner to prevent contamination of
  831  food, food contact surfaces, or first aid supplies.
  832         (t) First-aid kit minimum requirements - Each kit must
  833  include, at a minimum, the following:
  834         1. Liquid soap and/or hand sanitizer (to be used with
  835  supervision if hands are not visibly soiled and if no water is
  836  present)
  837         2. Adhesive bandages
  838         3. Disposable non-porous gloves
  839         4. Cotton balls or applicators
  840         5. Sterile gauze pads or rolls
  841         6. Adhesive tape
  842         7. Digital Thermometer
  843         8. Tweezers
  844         9. Pre-moistened wipes
  845         10. Scissors
  846         11. Bottled water (for cleaning wombs or eyes
  847         12. A current resource guide on first aid and CPR
  848  procedures.
  849         (u) Emergency telephone numbers:
  850         1. Emergency telephone numbers must be posted on or near
  851  all telephones, including 911, ambulance, fire, police, poison
  852  control center, Florida Abuse Hotline, and the county public
  853  health department. Additionally, the address and directions to
  854  the facility must be posted with descriptions of major
  855  intersections and local landmarks.
  856         2. For serious injuries, the provider shall call 911 and
  857  then notify the parent.
  858         3. Custodial parents or legal guardians must be notified
  859  immediately in the event of any serious illness, accident,
  860  injury or emergency to their child, and their specific
  861  instructions regarding action to be taken under such
  862  circumstances must be obtained and followed.
  863         4. If the custodial parent or legal guardian cannot be
  864  reached, the after-school program operator or owner will contact
  865  those persons designated by the custodial parent or legal
  866  guardian to be contacted under such circumstances, and must
  867  follow any written instructions provided by the custodial parent
  868  or legal guardian on the enrollment form.
  869         (v) Accident/incident notification:
  870         1. All accidents and incidents that occur while a child is
  871  in the care of program staff must be documented on the same day
  872  they occur.
  873         2. This documentation must be shared with the custodial
  874  parent or legal guardian on the date of occurrence.
  875         3. Documentation must include the name of the affected
  876  party, date and time of the occurrence, description of the
  877  occurrence, actions taken and by whom, and appropriate
  878  signatures of program staff and the custodial parent or legal
  879  guardian.
  880         4. The documentation must be maintained for one year. If
  881  the parent or legal guardian does not pick up the child on the
  882  date of occurrence of the accident or incident, the individual
  883  authorized to pick up the child must sign and be provided a copy
  884  of the accident/incident form.
  885         (w) Access: an after-school program must provide the
  886  custodial parent or legal guardian access, in person and by
  887  telephone, to the program during normal hours of operation or
  888  during the time the child is in care.
  889         (x) Child safety: acts or omissions that meet the
  890  definition of child abuse or neglect provided in Chapter 39,
  891  F.S., constitute a violation of the standards is s. 402.301
  892  .319, F.S., and will support imposition of a sanction, as
  893  provided in s. 402.310, F.S.
  894         Section 5. Section 402.315, Florida Statutes, is amended to
  895  read:
  896         402.315 Funding; License fees.-
  897         (3) The department shall collect a fee for any license it
  898  issues for a child care facility, family day care home, or large
  899  family child care home pursuant to ss. 402.305, 402.313, and
  900  402.3131.
  901         (e) For an after-school program registered pursuant to s.
  902  402.3132, such fee shall be $100.
  903         Section 6. The department is granted rule making authority
  904  to implement this act.
  905         Section 7. This act shall take effect October 1, 2018.
  907  ================= T I T L E  A M E N D M E N T ================
  908  And the title is amended as follows:
  909         Delete everything before the enacting clause
  910  and insert:
  911                        A bill to be entitled                      
  912         An act relating to licensure of child care programs;
  913         amending s. 402.302, F.S.; defining the term “after
  914         school program”; creating s. 402.3132; requiring
  915         after-school programs to register with the Department
  916         of Children and Families; requiring certain
  917         information be provided to the department; requiring
  918         proof of completion of a training program; requiring
  919         annual inspections; amending s. 402.310, F.S.;
  920         providing for disciplinary action under certain
  921         conditions for registered after-school programs;
  922         amending s. 402.311, F.S.; providing for inspections
  923         of registered after-school programs; amending
  924         s.402.315, F.S.; requiring a fee for registration of
  925         after-school programs; providing an effective date.