Bill Text: FL S1382 | 2010 | Regular Session | Engrossed
Bill Title: Child Care Facilities [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Messages, companion bill(s) passed, see CS/CS/CS/SB 2014 (Ch. 2010-210) [S1382 Detail]
Download: Florida-2010-S1382-Engrossed.html
CS for CS for SB 1382 First Engrossed 20101382e1 1 A bill to be entitled 2 An act relating to child care facilities; amending s. 3 402.281, F.S.; providing that certain child care 4 facilities, large family child care homes, and family 5 day care homes that are accredited by a nationally 6 recognized accrediting association may apply to the 7 Department of Children and Family Services to receive 8 a “Gold Seal Quality Care” designation; requiring the 9 department to use certain standards and to consult 10 with specified organizations when developing the Gold 11 Seal Quality Care program standards; requiring the 12 department to notify accrediting associations if the 13 department proposes to revise the Gold Seal Quality 14 Care program standards; requiring each accrediting 15 association to notify the department within a stated 16 time of its intent to revise its accreditation 17 standards or discontinue participation in the Gold 18 Seal Quality Care program; requiring an accrediting 19 association that intends to revise its accreditation 20 standards to do so within 90 days after notification 21 from the department; amending s. 402.302, F.S.; 22 revising and providing definitions; providing for 23 certain household children to be included in 24 calculations regarding the capacity of licensed family 25 day care homes and large family child care homes; 26 providing conditions for supervision of household 27 children of operators of family day care homes and 28 large family child care homes; amending s. 402.305, 29 F.S.; prohibiting a person under the age of 18 from 30 being the operator of a child care facility; requiring 31 the department to address minimum age requirements for 32 before-school and after-school care; providing 33 exceptions; stating the minimum educational standards 34 for child care facility employees; providing 35 exceptions; requiring employees who do not meet the 36 minimum educational standards by a specified date to 37 do so within 1 year; requiring child care staff to 38 possess specified credentials; amending s. 402.318, 39 F.S.; revising advertising requirements applicable to 40 child care facilities; providing penalties; reenacting 41 s. 1007.23(5), F.S., relating to child development 42 associate credentials, to incorporate the amendment 43 made to s. 402.305, F.S., in a reference thereto; 44 providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Section 402.281, Florida Statutes, is amended to 49 read: 50 402.281 Gold Seal Quality Care program.— 51 (1) Child care facilities, large family child care homes, 52 or family day care homes that are accredited by a nationally 53 recognized accrediting association whose standards substantially 54 meet or exceed the National Association for the Education of 55 Young Children (NAEYC), the National Association of Family Child 56 Care, orandthe National Early Childhood Program Accreditation 57 Commission, as applicable, may apply to the department toshall58 receive a separate “Gold Seal Quality Care” designationto59operate as a gold seal child care facility, large family child60care home, or family day care home. 61 (2) In developing the Gold Seal Quality Care program 62 standards, the department shall use the current standards of 63 each accrediting association, as applicable, specified in 64 subsection (1) and consult with the Department of Education, the 65 Agency for Workforce Innovation, the Florida Head Start 66 Directors Association, the Florida Association of Child Care 67 Management, the Florida Family Day Care Association, the Florida 68 Children’s Forum,the State Coordinating Council for School69Readiness Programs,the Early Childhood Association of Florida, 70 the National Association for Child Development Education, 71 providers receiving exemptions under s. 402.316, and parents, 72 for the purpose of approving the accrediting associations. 73 (a) Upon the adoption of additional or revised standards by 74 any accrediting association specified in subsection (1), the 75 department shall notify each accrediting association that has 76 been approved to participate in the Gold Seal Quality Care 77 program of the applicable changes and of the department’s intent 78 to revise the Gold Seal Quality Care program standards 79 accordingly. 80 (b) Upon such notification, each accrediting association 81 must, within 30 days, notify the department of its intent to 82 revise its accreditation standards or discontinue participation 83 in the Gold Seal Quality Care program. 84 1. Upon notification by an accrediting association that it 85 intends to discontinue participation in the Gold Seal Quality 86 Care program, the department shall notify any participating 87 child care provider accredited by that association that the 88 provider must obtain accreditation from another Gold Seal 89 accrediting association by the time the provider’s current 90 accreditation expires in order to maintain designation as a Gold 91 Seal Quality Care provider. 92 2. An accrediting association that intends to revise its 93 accreditation standards must do so within 90 days after the 94 notification provided pursuant to paragraph (a) and must ensure 95 that each provider accredited by that association is in 96 compliance with the revised accreditation standards upon the 97 provider’s renewal of accreditation. 98 (3) In order to obtain and maintain a designation as a Gold 99 Seal Quality Care provider, a child care facility, large family 100 child care home, or family day care home must meet the following 101 additional criteria: 102 (a) The child care provider must not have had any class I 103 violations, as defined by rule, within the 2 years preceding its 104 application for designation as a Gold Seal Quality Care 105 provider. Commission of a class I violation shall be grounds for 106 termination of the designation as a Gold Seal Quality Care 107 provider until the provider has no class I violations for a 108 period of 2 years. 109 (b) The child care provider must not have had three or more 110 class II violations, as defined by rule, within the 2 years 111 preceding its application for designation as a Gold Seal Quality 112 Care provider. Commission of three or more class II violations 113 within a 2-year period shall be grounds for termination of the 114 designation as a Gold Seal Quality Care provider until the 115 provider has no class II violations for a period of 1 year. 116 (c) The child care provider must not have been cited for 117 the same class III violation, as defined by rule, three or more 118 times within the 2 years preceding its application for 119 designation as a Gold Seal Quality Care provider. Commission of 120 the same class III violation three or more times during a 2-year 121 period shall be grounds for termination of the designation as a 122 Gold Seal Quality Care provider until the provider has no class 123 III violations for a period of 1 year. 124 (4) The Department of Children and Family Services shall 125 adopt rules pursuant tounderss. 120.536(1) and 120.54 which 126 provide criteria and procedures for reviewing and approving 127 accrediting associations for participation in the Gold Seal 128 Quality Care program, conferring and revoking designations of 129 Gold Seal Quality Care providers, and classifying violations. 130 Section 2. Section 402.302, Florida Statutes, is amended to 131 read: 132 402.302 Definitions.—As used in this chapter, the term: 133 (1) “Child care” means the care, protection, and 134 supervision of a child, for a period of less than 24 hours a day 135 on a regular basis, which supplements parental care, enrichment, 136 and health supervision for the child, in accordance with his or 137 her individual needs, and for which a payment, fee, or grant is 138 made for care. 139 (2) “Child care facility” includes any child care center or 140 child care arrangement which provides child care for more than 141 five children unrelated to the operator and which receives a 142 payment, fee, or grant for any of the children receiving care, 143 wherever operated, and whether or not operated for profit. The 144 following are not included: 145 (a) Public schools and nonpublic schools and their integral 146 programs, except as provided in s. 402.3025; 147 (b) Summer camps having children in full-time residence; 148 (c) Summer day camps; 149 (d) Bible schools normally conducted during vacation 150 periods; and 151 (e) Operators of transient establishments, as defined in 152 chapter 509, which provide child care services solely for the 153 guests of their establishment or resort, provided that all child 154 care personnel of the establishment are screened according to 155 the level 2 screening requirements of chapter 435. 156 (3) “Child care personnel” means all owners, operators, 157 employees, and volunteers working in a child care facility. The 158 term does not include persons who work in a child care facility 159 after hours when children are not present or parents of children 160 in Head Start. For purposes of screening, the term includes any 161 member, over the age of 12 years, of a child care facility 162 operator’s family, or person, over the age of 12 years, residing 163 with a child care facility operator if the child care facility 164 is located in or adjacent to the home of the operator or if the 165 family member of, or person residing with, the child care 166 facility operator has any direct contact with the children in 167 the facility during its hours of operation. Members of the 168 operator’s family or persons residing with the operator who are 169 between the ages of 12 years and 18 years shall not be required 170 to be fingerprinted but shall be screened for delinquency 171 records. For purposes of screening, the term shall also include 172 persons who work in child care programs which provide care for 173 children 15 hours or more each week in public or nonpublic 174 schools, summer day camps, family day care homes, or those 175 programs otherwise exempted under s. 402.316. The term does not 176 include public or nonpublic school personnel who are providing 177 care during regular school hours, or after hours for activities 178 related to a school’s program for grades kindergarten through 179 12. A volunteer who assists on an intermittent basis for less 180 than 40 hours per month is not included in the term “personnel” 181 for the purposes of screening and training, provided that the 182 volunteer is under direct and constant supervision by persons 183 who meet the personnel requirements of s. 402.305(2). Students 184 who observe and participate in a child care facility as a part 185 of their required coursework shall not be considered child care 186 personnel, provided such observation and participation are on an 187 intermittent basis and the students are under direct and 188 constant supervision of child care personnel. 189 (4) “Department” means the Department of Children and 190 Family Services. 191 (5) “Drop-in child care” means child care provided 192 occasionally in a child care facility in a shopping mall or 193 business establishment where a child is in care for no more than 194 a 4-hour period and the parent remains on the premises of the 195 shopping mall or business establishment at all times. Drop-in 196 child care arrangements shall meet all requirements for a child 197 care facility unless specifically exempted. 198 (6) “Evening child care” means child care provided during 199 the evening hours and may encompass the hours of 6:00 p.m. to 200 7:00 a.m. to accommodate parents who work evenings and late 201 night shifts. 202 (7) “Family day care home” means an occupied residence in 203 which child care is regularly provided for children from at 204 least two unrelated families and which receives a payment, fee, 205 or grant for any of the children receiving care, whether or not 206 operated for profit. Household children under 13 years of age, 207 when on the premises of the family day care home or on a field 208 trip with children enrolled in child care, shall be included in 209 the overall capacity of the licensed home. A family day care 210 home shall be allowed to provide care for one of the following 211 groups of children, which shall include householdthosechildren 212 under 13 years of agewho are related to the caregiver: 213 (a) A maximum of four children from birth to 12 months of 214 age. 215 (b) A maximum of three children from birth to 12 months of 216 age, and other children, for a maximum total of six children. 217 (c) A maximum of six preschool children if all are older 218 than 12 months of age. 219 (d) A maximum of 10 children if no more than 5 are 220 preschool age and, of those 5, no more than 2 are under 12 221 months of age. 222 (8) “Household children” means children who are related by 223 blood, marriage, or legal adoption to, or who are the legal 224 wards of, the family day care home operator, the large family 225 child care home operator, or an adult household member who 226 permanently or temporarily resides in the home. Supervision of 227 the operator’s household children shall be left to the 228 discretion of the operator unless those children receive 229 subsidized child care to be in the home. 230 (9)(8)“Large family child care home” means an occupied 231 residence in which child care is regularly provided for children 232 from at least two unrelated families, which receives a payment, 233 fee, or grant for any of the children receiving care, whether or 234 not operated for profit, and which has at least two full-time 235 child care personnel on the premises during the hours of 236 operation. One of the two full-time child care personnel must be 237 the owner or occupant of the residence. A large family child 238 care home must first have operated as a licensed family day care 239 home for 2 years, with an operator who has had a child 240 development associate credential or its equivalent for 1 year, 241 before seeking licensure as a large family child care home. 242 Household children under 13 years of age, when on the premises 243 of the large family child care home or on a field trip with 244 children enrolled in child care, shall be included in the 245 overall capacity of the licensed home. A large family child care 246 home shall be allowed to provide care for one of the following 247 groups of children, which shall include householdthosechildren 248 under 13 years of agewho are related to the caregiver: 249 (a) A maximum of 8 children from birth to 24 months of age. 250 (b) A maximum of 12 children, with no more than 4 children 251 under 24 months of age. 252 (10)(9)“Indoor recreational facility” means an indoor 253 commercial facility which is established for the primary purpose 254 of entertaining children in a planned fitness environment 255 through equipment, games, and activities in conjunction with 256 food service and which provides child care for a particular 257 child no more than 4 hours on any one day. An indoor 258 recreational facility must be licensed as a child care facility 259 under s. 402.305, but is exempt from the minimum outdoor-square 260 footage-per-child requirement specified in that section, if the 261 indoor recreational facility has, at a minimum, 3,000 square 262 feet of usable indoor floor space. 263 (11)(10)“Local licensing agency” means any agency or 264 individual designated by the county to license child care 265 facilities. 266 (12)(11)“Operator” means any onsite person ultimately 267 responsible for the overall operation of a child care facility, 268 whether or not he or she is the owner or administrator of such 269 facility. 270 (13)(12)“Owner” means the person who is licensed to 271 operate the child care facility. 272 (14)(13)“Screening” means the act of assessing the 273 background of child care personnel and volunteers and includes, 274 but is not limited to, employment history checks, local criminal 275 records checks through local law enforcement agencies, 276 fingerprinting for all purposes and checks in this subsection, 277 statewide criminal records checks through the Department of Law 278 Enforcement, and federal criminal records checks through the 279 Federal Bureau of Investigation. 280 (15)(14)“Secretary” means the Secretary of Children and 281 Family Services. 282 (16)(15)“Substantial compliance” means that level of 283 adherence which is sufficient to safeguard the health, safety, 284 and well-being of all children under care. Substantial 285 compliance is greater than minimal adherence but not to the 286 level of absolute adherence. Where a violation or variation is 287 identified as the type which impacts, or can be reasonably 288 expected within 90 days to impact, the health, safety, or well 289 being of a child, there is no substantial compliance. 290 (17)(16)“Weekend child care” means child care provided 291 between the hours of 6 p.m. on Friday and 6 a.m. on Monday. 292 Section 3. Paragraphs (c) and (f) of subsection (2) and 293 subsection (3) of section 402.305, Florida Statutes, are 294 amended, and paragraph (g) is added to subsection (2) of that 295 section, to read: 296 402.305 Licensing standards; child care facilities.— 297 (2) PERSONNEL.—Minimum standards for child care personnel 298 shall include minimum requirements as to: 299 (c) Minimum age requirements. TheSuchminimum standards 300 mustshallprohibit a person under the age of 21 from being the 301 operator of a child care facility and a person under the age of 302 1816from being employed at such facility unless he or shesuch303personis under direct and constant supervision of screened and 304 trained staff who are 18 years of age or older and he or she is 305 not counted for the purposes of calculatingcomputingthe staff 306 to-childpersonnel-to-childratio. The standards established for 307 before-school and after-school care pursuant to paragraph (1)(c) 308 must address minimum age requirements. 309 (f)By January 1, 2000,A credential for child care 310 facility directors.By January 1, 2004,The credential is the 311shall be arequired minimum standard for licensing child care 312 facility directors. 313 (g) Minimum education standards for child care personnel. 314 Minimum education standards shall prohibit persons who have not 315 obtained a high school diploma or high school equivalency 316 diploma under s. 1003.435 from being employed as child care 317 personnel unless such a person is: 318 1. Under the direct and constant supervision of screened 319 and trained staff and is not counted for purposes of calculating 320 the staff-to-child ratio; 321 2. Not serving in an instructional position and is not 322 counted for purposes of calculating the staff-to-child ratio; or 323 3. Employed in an instructional position on July 1, 2010, 324 and has 10 or more continuous years of documented experience 325 working with children in a child care setting or in a public 326 school. 327 328 Those child care personnel who are employed by a child care 329 facility on July 1, 2010, who do not possess the minimum 330 educational requirements set forth in this paragraph and who are 331 not exempt from the requirements of this paragraph must complete 332 the educational requirements by July 1, 2011. Persons who do not 333 complete the appropriate educational requirements are prohibited 334 from employment as child care personnel until such time as they 335 are in compliance with this paragraph. 336 (3) MINIMUM STAFF CREDENTIALS.—If a facility operates for 8 337 or more hours per weekBy July 1, 1996, for every 20 children in 338 thealicensed child care facility, beginning with the first 339 childif the facility operates 8 hours or more per week, one of 340 the child care personnel in the facility must have: 341 (a) A current child development associate credential; 342 (b) A current child care professional credential, unless 343 the department determines that such child care professional 344 credential is not equivalent to or greater than a child 345 development associate credential; or 346 (c) A current credential that is equivalent to or greater 347 than the credential required in paragraph (a) or paragraph (b). 348 349 The department shall establish by rule those hours of operation, 350 such as during rest periods and transitional periods, when this 351 subsection does not apply. 352 Section 4. Section 402.318, Florida Statutes, is amended to 353 read: 354 402.318 Advertisement.—No person, as defined in s. 1.01(3), 355 shall advertise or publish an advertisement for a child care 356 facility, family day care home, or large family child care home 357 without including within such advertisement the state or local 358 agency license number or registration number of such facility or 359 home. Violation of this section is a misdemeanor of the first 360 degree, punishable as provided in s. 775.082 or s. 775.083. 361 Section 5. For the purpose of incorporating the amendment 362 made by this act to section 402.305, Florida Statutes, in a 363 reference thereto, subsection (5) of section 1007.23, Florida 364 Statutes, is reenacted to read: 365 1007.23 Statewide articulation agreement.— 366 (5) The articulation agreement must guarantee the 367 articulation of 9 credit hours toward a postsecondary degree in 368 early childhood education for programs approved by the State 369 Board of Education and the Board of Governors which: 370 (a) Award a child development associate credential issued 371 by the National Credentialing Program of the Council for 372 Professional Recognition or award a credential approved under s. 373 1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the 374 child development associate credential; and 375 (b) Include training in emergent literacy which meets or 376 exceeds the minimum standards for training courses for 377 prekindergarten instructors of the Voluntary Prekindergarten 378 Education Program in s. 1002.59. 379 Section 6. This act shall take effect July 1, 2010.
