Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 990
Ì315586IÎ315586
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/12/2023 .
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The Committee on Finance and Tax (Grall) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 122 - 771
4 and insert:
5 Section 1. Present subsections (15) through (18) of section
6 402.302, Florida Statutes, are redesignated as subsections (16)
7 through (19), respectively, and a new subsection (15) is added
8 to that section, to read:
9 402.302 Definitions.—As used in this chapter, the term:
10 (15) “Preschool” means any child care facility licensed
11 under s. 402.305 that serves children under 5 years of age.
12 Section 2. Present paragraph (g) of subsection (2) of
13 section 402.305, Florida Statutes, is redesignated as paragraph
14 (f), present subsection (18) is redesignated as subsection (17),
15 and paragraphs (a) and (b) of subsection (1), paragraphs (a) and
16 (e) and present paragraph (f) of subsection (2), paragraph (a)
17 of subsection (7), paragraphs (b) and (c) of subsection (9),
18 subsection (13), and present subsection (17) of that section are
19 amended, to read:
20 402.305 Licensing standards; child care facilities.—
21 (1) LICENSING STANDARDS.—The department shall establish
22 licensing standards that each licensed child care facility must
23 meet regardless of the origin or source of the fees used to
24 operate the facility or the type of children served by the
25 facility.
26 (a) The standards shall be designed to address the
27 following areas:
28 1. the health, sanitation, safety, and sanitary adequate
29 physical conditions surroundings for all children served by in
30 child care facilities.
31 2. The health and nutrition of all children in child care.
32 3. The child development needs of all children in child
33 care.
34 (b) Fire safety regulations for child care facilities will
35 be directed All standards established under ss. 402.301-402.319
36 must be consistent with the rules adopted by the State Fire
37 Marshal for child care facilities. However, if the facility is
38 operated in a public school, the department must shall use the
39 public school fire code, as provided in the rules of the State
40 Board of Education, as the minimum standard for firesafety.
41 (2) PERSONNEL.—Minimum standards for child care personnel
42 shall include minimum requirements as to:
43 (a) Good moral character based upon screening as defined in
44 s. 402.302 s. 402.302(15). This screening shall be conducted as
45 provided in chapter 435, using the level 2 standards for
46 screening provided set forth in that chapter, and include
47 employment history checks, a search of criminal history records,
48 sexual predator and sexual offender registries, and child abuse
49 and neglect registry of any state in which the current or
50 prospective child care personnel resided during the preceding 5
51 years. The department shall complete the screening and provide
52 the results to the child care facility within 5 business days.
53 If the department is unable to complete the screening within 5
54 business days, the department must issue the current or
55 prospective child care personnel a 45-day provisional hire
56 status while all required information is being requested and the
57 department is awaiting results. During the 45-day period, the
58 current or prospective child care personnel must be under the
59 direct supervision of a screened and trained staff member when
60 in contact with children.
61 (e) Minimum training requirements for child care personnel.
62 1. Such minimum standards for training shall ensure that
63 all child care personnel take an approved 40-clock-hour
64 introductory course in child care, which course covers at least
65 the following topic areas:
66 a. State and local rules and regulations which govern child
67 care.
68 b. Health, safety, and nutrition.
69 c. Identifying and reporting child abuse and neglect.
70 d. Child development, including typical and atypical
71 language, cognitive, motor, social, and self-help skills
72 development.
73 e. Observation of developmental behaviors, including using
74 a checklist or other similar observation tools and techniques to
75 determine the child’s developmental age level.
76 f. Specialized areas, including computer technology for
77 professional and classroom use and early literacy and language
78 development of children from birth to 5 years of age, as
79 determined by the department, for owner-operators and child care
80 personnel of a child care facility.
81 g. Developmental disabilities, including autism spectrum
82 disorder and Down syndrome, and early identification, use of
83 available state and local resources, classroom integration, and
84 positive behavioral supports for children with developmental
85 disabilities.
86 h. Online training coursework, provided at no cost by the
87 department, to meet minimum training standards for child care
88 personnel.
89
90 Within 90 days after employment, child care personnel shall
91 begin training to meet the training requirements. Child care
92 personnel shall successfully complete such training within 1
93 year after the date on which the training began, as evidenced by
94 passage of an in-person or online a competency examination.
95 Successful completion of the 40-clock-hour introductory course
96 shall articulate into community college credit in early
97 childhood education, pursuant to ss. 1007.24 and 1007.25.
98 Exemption from all or a portion of the required training shall
99 be granted to child care personnel based upon educational
100 credentials or passage of competency examinations. Child care
101 personnel possessing a 2-year degree or higher that includes 6
102 college credit hours in early childhood development or child
103 growth and development, or a child development associate
104 credential or an equivalent state-approved child development
105 associate credential, or a child development associate waiver
106 certificate shall be automatically exempted from the training
107 requirements in sub-subparagraphs b., d., and e.
108 2. The introductory course in child care shall stress, to
109 the extent possible, an interdisciplinary approach to the study
110 of children.
111 2.3. The introductory course shall cover recognition and
112 prevention of shaken baby syndrome; prevention of sudden infant
113 death syndrome; recognition and care of infants and toddlers
114 with developmental disabilities, including autism spectrum
115 disorder and Down syndrome; and early childhood brain
116 development within the topic areas identified in this paragraph.
117 3.4. On an annual basis in order to further their child
118 care skills and, if appropriate, administrative skills, child
119 care personnel who have fulfilled the requirements for the child
120 care training shall be required to take an additional 1
121 continuing education unit of approved inservice training, or 10
122 clock hours of equivalent training, as determined by the
123 department.
124 4.5. Child care personnel shall be required to complete 0.5
125 continuing education unit of approved training or 5 clock hours
126 of equivalent training, as determined by the department, in
127 early literacy and language development of children from birth
128 to 5 years of age one time. The year that this training is
129 completed, it shall fulfill the 0.5 continuing education unit or
130 5 clock hours of the annual training required in subparagraph 3.
131 4.
132 5.6. Procedures for ensuring the training of qualified
133 child care professionals to provide training of child care
134 personnel, including onsite training, shall be included in the
135 minimum standards. It is recommended that the state community
136 child care coordination agencies (central agencies) be
137 contracted by the department to coordinate such training when
138 possible. Other district educational resources, such as
139 community colleges and career programs, can be designated in
140 such areas where central agencies may not exist or are
141 determined not to have the capability to meet the coordination
142 requirements set forth by the department.
143 6.7. Training requirements do shall not apply to certain
144 occasional or part-time support staff, including, but not
145 limited to, swimming instructors, piano teachers, dance
146 instructors, and gymnastics instructors.
147 7.8. By December 31, 2023, the department shall evaluate or
148 contract for an evaluation of:
149 a. The current training requirements and coursework offered
150 to child care personnel and make recommendations to increase the
151 quality and relevancy of training.
152 b. The licensing and regulation of child care facilities
153 to:
154 (I) Identify rules that exceed specific delegated
155 legislative authority.
156 (II) Identify rules that are arbitrary, vague, or
157 redundant.
158 (III) Streamline the standards used to classify violations
159 and eliminate redundancy or subjectivity in application by
160 licensing counselors.
161 8. When the evaluation in subparagraph 7. is completed, the
162 department shall begin revising the regulation of child care
163 facilities to simplify ongoing licensure inspections, increase
164 objectivity, and provide a greater emphasis on technical
165 assistance. The evaluation shall be conducted every 5 years for
166 the general purpose of determining the status of and means to
167 improve staff training requirements and testing procedures. The
168 evaluation shall be conducted every 2 years. The evaluation
169 shall include, but not be limited to, determining the
170 availability, quality, scope, and sources of current staff
171 training; determining the need for specialty training; and
172 determining ways to increase inservice training and ways to
173 increase the accessibility, quality, and cost-effectiveness of
174 current and proposed staff training. The evaluation methodology
175 shall include a reliable and valid survey of child care
176 personnel.
177 9. The child care operator shall be required to take basic
178 training in serving children with disabilities within 5 years
179 after employment, either as a part of the introductory training
180 or the annual 8 hours of inservice training.
181 (f) Periodic health examinations.
182 (7) SANITATION AND SAFETY.—
183 (a) Minimum standards shall include requirements for
184 sanitary and safety conditions, first aid treatment, emergency
185 procedures, and pediatric cardiopulmonary resuscitation. The
186 minimum standards shall require that two at least one staff
187 persons person trained in cardiopulmonary resuscitation, as
188 evidenced by current documentation of course completion, must be
189 present at all times that children are present.
190 (9) ADMISSIONS AND RECORDKEEPING.—
191 (b) During the months of August and September of each year,
192 each child care facility shall provide parents of children
193 enrolled in the facility detailed information regarding the
194 causes, symptoms, and transmission of the influenza virus in an
195 effort to educate those parents regarding the importance of
196 immunizing their children against influenza as recommended by
197 the Advisory Committee on Immunization Practices of the Centers
198 for Disease Control and Prevention.
199 (c) During the months of April and September of each year,
200 at a minimum, each facility shall provide parents of children
201 enrolled in the facility information regarding the potential for
202 a distracted adult to fail to drop off a child at the facility
203 and instead leave the child in the adult’s vehicle upon arrival
204 at the adult’s destination. The child care facility shall also
205 give parents information about resources with suggestions to
206 avoid this occurrence. The department shall develop a flyer or
207 brochure with this information that shall be posted to the
208 department’s website, which child care facilities may choose to
209 reproduce and provide to parents to satisfy the requirements of
210 this paragraph.
211 (13) PLAN OF ACTIVITIES.—Minimum standards shall ensure
212 that each child care facility has and implements a written plan
213 for the daily provision of varied activities and active and
214 quiet play opportunities appropriate to the age of the child.
215 The written plan must include a program, to be implemented
216 periodically for children of an appropriate age, which will
217 assist the children in preventing and avoiding physical and
218 mental abuse.
219 (17) SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF
220 MILDLY ILL CHILDREN.—Minimum standards shall be developed by the
221 department, in conjunction with the Department of Health, for
222 specialized child care facilities for the care of mildly ill
223 children. The minimum standards shall address the following
224 areas: personnel requirements; staff-to-child ratios; staff
225 training and credentials; health and safety; physical facility
226 requirements, including square footage; client eligibility,
227 including a definition of “mildly ill children”; sanitation and
228 safety; admission and recordkeeping; dispensing of medication;
229 and a schedule of activities.
230 Section 3. Section 402.3115, Florida Statutes, is amended
231 to read:
232 402.3115 Elimination of duplicative and unnecessary
233 inspections; abbreviated inspections.—The Department of Children
234 and Families and local governmental agencies that license child
235 care facilities shall develop and implement a plan to eliminate
236 duplicative and unnecessary inspections of child care
237 facilities, family day care homes, and large family child care
238 homes. In addition, the department and the local governmental
239 agencies shall develop and implement an abbreviated inspection
240 plan for child care facilities that have been licensed for a
241 period of not less than 2 consecutive years, and do not have a
242 had no Class 1 and no more than two of the same or Class 2
243 deficiencies, as defined by rule, for at least 2 consecutive
244 years, have received at least two full onsite renewals in the
245 most recent 2 years, do not have any current uncorrected
246 violations, and do not have any open regulatory complaints or
247 active child protective services investigations. The department
248 shall annually calculate efficiencies and moneys saved due to
249 the implementation of abbreviated inspections. Such savings
250 shall be used to focus resources and technical assistance to
251 support child care facilities, family day care homes, and large
252 family child care homes that are having difficulty maintaining
253 compliance with the licensing requirements of s. 402.305, s.
254 402.313, or s. 402.3131. The abbreviated inspection must include
255 those elements identified by the department and the local
256 governmental agencies as being key indicators of whether the
257 child care facility continues to provide quality care and
258 programming and shall be updated every 5 years.
259 Section 4. Section 627.70161, Florida Statutes, is amended
260 to read:
261 627.70161 Family day care and large family child care home
262 insurance.—
263 (1) PURPOSE AND INTENT.—The Legislature recognizes that
264 family day care homes and large family child care homes fulfill
265 a vital role in providing child care in Florida. It is the
266 intent of the Legislature that residential property insurance
267 coverage should not be canceled, denied, or nonrenewed solely on
268 the basis of the family day care or large family child care home
269 services at the residence. The Legislature also recognizes that
270 the potential liability of residential property insurers is
271 substantially increased by the rendition of child care services
272 on the premises. The Legislature therefore finds that there is a
273 public need to specify that contractual liabilities that arise
274 in connection with the operation of the family day care home or
275 large family child care home are excluded from residential
276 property insurance policies unless they are specifically
277 included in such coverage.
278 (2) DEFINITIONS.—As used in this section, the term:
279 (a) “Child care” has the same meaning as in s. 402.302
280 means the care, protection, and supervision of a child, for a
281 period of less than 24 hours a day on a regular basis, which
282 supplements parental care, enrichment, and health supervision
283 for the child, in accordance with his or her individual needs,
284 and for which a payment, fee, or grant is made for care.
285 (b) “Family day care home” has the same meaning as in s.
286 402.302 means an occupied residence in which child care is
287 regularly provided for children from at least two unrelated
288 families and which receives a payment, fee, or grant for any of
289 the children receiving care, whether or not operated for a
290 profit.
291 (3) FAMILY DAY CARE AND LARGE FAMILY CHILD CARE; COVERAGE.
292 A residential property insurance policy shall not provide
293 coverage for liability for claims arising out of, or in
294 connection with, the operation of a family day care home or
295 large family child care home, and the insurer shall be under no
296 obligation to defend against lawsuits covering such claims,
297 unless:
298 (a) Specifically covered in a policy; or
299 (b) Covered by a rider or endorsement for business coverage
300 attached to a policy.
301 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
302 insurer may not deny, cancel, or refuse to renew a policy for
303 residential property insurance solely on the basis that the
304 policyholder or applicant operates a family day care home or
305 large family child care home. In addition to other lawful
306 reasons for refusing to insure, an insurer may deny, cancel, or
307 refuse to renew a policy of a family day care home or large
308 family child care home provider if one or more of the following
309 conditions occur:
310 (a) The policyholder or applicant provides care for more
311 children than authorized for family day care homes or large
312 family child care homes under by s. 402.302.;
313 (b) The policyholder or applicant fails to maintain a
314 separate commercial liability policy or an endorsement providing
315 liability coverage for the family day care home or large family
316 child care home operations.;
317 (c) The policyholder or applicant fails to comply with the
318 family day care home or large family child care home licensure
319 and registration requirements specified in s. 402.313 or s.
320 402.3131.; or
321 (d) Discovery of willful or grossly negligent acts or
322 omissions or any violations of state laws or regulations
323 establishing safety standards for family day care homes or large
324 family child care homes by the named insured or his or her
325 representative which materially increase any of the risks
326 insured.
327 Section 5. Paragraph (c) of subsection (3) of section
328 1002.55, Florida Statutes, is amended to read:
329 1002.55 School-year prekindergarten program delivered by
330 private prekindergarten providers.—
331 (3) To be eligible to deliver the prekindergarten program,
332 a private prekindergarten provider must meet each of the
333 following requirements:
334
335 ================= T I T L E A M E N D M E N T ================
336 And the title is amended as follows:
337 Delete lines 3 - 78
338 and insert:
339 providers; amending s. 402.302, F.S.; defining the
340 term “preschool”; amending s. 402.305, F.S.; revising
341 licensing standards for all licensed child care
342 facilities; revising minimum standards and training
343 requirements for child care personnel; requiring the
344 Department of Children and Families to conduct
345 specified screening of child care personnel within a
346 specified timeframe and issue provisional approval of
347 such personnel; requiring the department to evaluate
348 certain training and coursework requirements for child
349 care personnel and the licensing and regulation of
350 child care facilities by a specified date; deleting
351 provisions relating to educating parents about the
352 importance of specified immunizations, addressing the
353 danger of a child being accidentally left in an
354 adult’s vehicle, having a plan to assist children in
355 preventing and avoiding physical and mental abuse, and
356 the department developing minimum standards for
357 specialized child care facilities for the care of
358 mildly ill children; amending s. 402.3115, F.S.;
359 requiring the department and certain local
360 governmental agencies to develop and implement a plan
361 to eliminate duplicative and unnecessary inspections
362 of home child care providers; revising abbreviated
363 inspection requirements for certain child care
364 facilities; amending s. 627.70161, F.S.; revising
365 legislative purpose and intent; revising the
366 definitions of the terms “child care” and “family day
367 care home”; providing that residential property
368 insurance does not cover liability or claims arising
369 out of the operation of a large family child care
370 home; amending s. 1002.55, F.S.; revising