Bill Text: FL S0394 | 2014 | Regular Session | Introduced
Bill Title: Licensing of Facilities that offer Health and Human Services
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-05-02 - Died in Appropriations [S0394 Detail]
Download: Florida-2014-S0394-Introduced.html
Florida Senate - 2014 SB 394 By Senator Gibson 9-00225D-14 2014394__ 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.; redefining the term “child care” to include a 5 person or facility that does not receive compensation; 6 redefining the term “child care facility” to include a 7 child care center or child care arrangement that does 8 not receive compensation and provides child care for 9 more than four, rather than five, children unrelated 10 to the operator; conforming terminology; amending ss. 11 402.313, F.S.; requiring a family day care home to 12 conspicuously display its license or registration in 13 the common area of the home, to provide proof of a 14 written plan that identifies a designated substitute 15 for the operator, and to provide proof of screening 16 and background checks for certain individuals; 17 amending s. 402.3131, F.S.; requiring a large family 18 child care home to permanently post its license in a 19 conspicuous location that is visible by all parents 20 and guardians and the department; amending s. 402.315, 21 F.S.; revising the licensing fee for a child care 22 facility that has certain licensed capacity; amending 23 s. 402.318, F.S.; prohibiting the advertising of a 24 child care facility, family day care home, or large 25 family day care home unless it is licensed or 26 registered; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsections (1), (2), and (5) of section 31 402.302, Florida Statutes, are amended to read: 32 402.302 Definitions.—As used in this chapter, the term: 33 (1) “Child care” means the care, protection, and 34 supervision of a child, fora period ofless than 24 hours a day 35 on a regular basis, which supplements parental care, enrichment, 36 and health supervision for the child, in accordance with his or 37 her individual needs, and for which a payment, fee, or grant is38made for care. 39 (2) “Child care facility” means aincludesanychild care 40 center or child care arrangement thatwhichprovides child care 41 for more than fourfivechildren unrelated to the operatorand42which receives a payment, fee, or grant for any of the children43receiving care, wherever operated, and whether or not operated 44 for profit. The following are not included: 45 (a) Public schools and nonpublic schools and their integral 46 programs, except as provided in s. 402.3025; 47 (b) Summer camps having children in full-time residence; 48 (c) Summer day camps; 49 (d) Bible schools normally conducted during vacation 50 periods; and 51 (e) Operators of transient establishments,as defined in 52 chapter 509,which provide child care services solely for the 53 guests of their establishment or resort, ifprovided thatall 54 child care personnel of the establishment or resort are screened 55 according to the level 2 screening requirements of chapter 435. 56 (5) “Department” means the Department of Children and 57 FamiliesFamily Services. 58 Section 2. Subsection (1) of section 402.313, Florida 59 Statutes, is amended to read: 60 402.313 Family day care homes.— 61 (1) A family day care home musthomes shallbe licensed 62 under this sectionactif it isthey arepresently being 63 licensed under an existing county licensing ordinance or if the 64 board of county commissioners passes a resolution that family 65 day care homes be licensed. Each licensed or registered family 66 day care home must conspicuously display its license or 67 registration in the common area of the home. 68 (a) If not subject to license, a family day care home must 69homes shallregister annually with the department and provide,70providingthe following information: 71 1. The name and address of the home. 72 2. The name of the operator. 73 3. The number of children served. 74 4. Proof of a written plan to identify aprovide at least75one othercompetent adult who has met the screening and training 76 requirements of the department to serve as a designated 77 substituteto be available to substitutefor the operator in an 78 emergency. This plan mustshallinclude the name, address, and 79 telephone number of the designated substitute. 80 5. Proof of screening and background checks for the 81 operator, each household member, and the designated substitute. 82 6. Proof of successful completion of the 30-hour training 83 course, as evidenced by passage of a competency examination, 84 which mustshallinclude: 85 a. State and local rules and regulations that govern child 86 care. 87 b. Health, safety, and nutrition. 88 c. Identifying and reporting child abuse and neglect. 89 d. Child development, including typical and atypical 90 language development; and cognitive, motor, social, and self 91 help skills development. 92 e. Observation of developmental behaviors, including using 93 a checklist or other similar observation tools and techniques to 94 determine a child’s developmental level. 95 f. Specialized areas, including early literacy and language 96 development of children from birth to 5 years of age, as 97 determined by the department, for owner-operators of family day 98 care homes. 99 7. Proof that immunization records are kept current. 100 8. Proof of completion of the required continuing education 101 units or clock hours. 102 (b) A family day care home may volunteer to be licensed 103under this act. 104 (c) The department may provide technical assistance to 105 counties and family day care home providers to enable counties 106 and family day care providers to achieve compliance with family 107 day care homes standards. 108 Section 3. Subsection (1) of section 402.3131, Florida 109 Statutes, is amended to read: 110 402.3131 Large family child care homes.— 111 (1) A large family child care home musthomes shallbe 112 licensed under this section and permanently post its license in 113 a conspicuous location that is visible by all parents and 114 guardians and the department. 115 (a) A licensed family day care home must first have 116 operated for a minimum of 2 consecutive years, with an operator 117 who has had a child development associate credential or its 118 equivalent for 1 year, before seeking licensure as a large 119 family child care home. 120 (b) The department may provide technical assistance to 121 counties and family day care home providers to enable the 122 counties and providers to achieve compliance with minimum 123 standards for large family child care homes. 124 Section 4. Subsection (3) of section 402.315, Florida 125 Statutes, is amended to read: 126 402.315 Funding; license fees.— 127 (3) The department shall collect a fee for aanylicense it 128 issues for a child care facility, family day care home, or large 129 family child care home underpursuant toss. 402.305, 402.313, 130 and 402.3131. 131 (a) For a child care facility licensed underpursuant tos. 132 402.305, thesuchfee isshall be$1 per child, based on the 133 licensed capacity of the facility. However, if a facility has a 134 licensed capacity of 25 children or fewer,except thatthe 135minimumfee isshall be$25 per facilityand the maximum fee136shall be $100 per facility. 137 (b) For a family day care home registered underpursuant to138 s. 402.313, thesuchfee isshall be$25. 139 (c) For a family day care home licensed underpursuant to140 s. 402.313, thesuchfee isshall be$50. 141 (d) For a large family child care home licensed under 142pursuant tos. 402.3131, thesuchfee isshall be$60. 143 Section 5. Section 402.318, Florida Statutes, is amended to 144 read: 145 402.318 Advertisement.—A person, as defined in s. 1.01s.1461.01(3), may not advertise a child care facility as defined in 147 s. 402.302, a child care facility that is exempt from licensing 148 requirements pursuant to s. 402.316, a family day care home as 149 defined in s. 402.302, or a large family child care home as 150 defined in s. 402.302 without including within such 151 advertisement the state or local agency license number, 152 exemption number, or registration number of thesuchfacility or 153 home. As used in this section, the term “advertisement” 154 includes, but is not limited to, the marketing of child care 155 services to the public on vehicles; print materials; electronic 156 media, including Internet sites; and radio and television 157 announcements. A person who violatesViolation ofthis section 158 commitsisa misdemeanor of the first degree, punishable as 159 provided in s. 775.082 or s. 775.083. 160 Section 6. This act shall take effect July 1, 2014.