Bill Text: FL S0210 | 2015 | Regular Session | Comm Sub
Bill Title: Licensing of Facilities that Offer Health and Human Services
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Appropriations [S0210 Detail]
Download: Florida-2015-S0210-Comm_Sub.html
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, 46child careis 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 musthomes shallbe licensed 72 under this sectionactif it isthey arepresently 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 79homes shallregister annually with the department and provide,80providingthe 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 aprovide at least85one othercompetent adult who has met the screening and training 86 requirements of the department to serve as a designated 87 substituteto be available to substitutefor the operator in an 88 emergency. This plan mustshallinclude 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 mustshallinclude: 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 113under 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 musthomes shallbe 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. 1.01s.1371.01(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 thesuchfacility or 144 home. A person who violatesViolation ofthis section commitsis145 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.