December 03, 2020
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       Florida Senate - 2010                                    SB 1382
       
       
       
       By Senator Rich
       
       
       
       
       34-00894A-10                                          20101382__
    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. 402.305, F.S.;
   22         prohibiting a person under the age of 18 from being
   23         employed at a child care facility; providing
   24         exceptions; stating the minimum educational standards
   25         for child care facility employees; providing
   26         exceptions; requiring employees who do not meet the
   27         minimum educational standards by a specified date to
   28         do so within 1 year; requiring child care staff to
   29         possess specified credentials; reenacting s.
   30         1007.23(5), F.S., relating to child development
   31         associate credentials, to incorporate the amendment
   32         made to s. 402.305, F.S., in a reference thereto;
   33         providing an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 402.281, Florida Statutes, is amended to
   38  read:
   39         402.281 Gold Seal Quality Care program.—
   40         (1) Child care facilities, large family child care homes,
   41  or family day care homes that are accredited by a nationally
   42  recognized accrediting association whose standards substantially
   43  meet or exceed the National Association for the Education of
   44  Young Children (NAEYC), the National Association of Family Child
   45  Care, or and the National Early Childhood Program Accreditation
   46  Commission, as applicable, may apply to the department to shall
   47  receive a separate “Gold Seal Quality Care” designation to
   48  operate as a gold seal child care facility, large family child
   49  care home, or family day care home.
   50         (2) In developing the Gold Seal Quality Care program
   51  standards, the department shall use the current standards of
   52  each accrediting association, as applicable, specified in
   53  subsection (1) and consult with the Department of Education, the
   54  Agency for Workforce Innovation, the Florida Head Start
   55  Directors Association, the Florida Association of Child Care
   56  Management, the Florida Family Day Care Association, the Florida
   57  Children’s Forum, the State Coordinating Council for School
   58  Readiness Programs, the Early Childhood Association of Florida,
   59  the National Association for Child Development Education,
   60  providers receiving exemptions under s. 402.316, and parents,
   61  for the purpose of approving the accrediting associations.
   62         (a)Upon the adoption of additional or revised standards by
   63  any accrediting association specified in subsection (1), the
   64  department shall notify each accrediting association that has
   65  been approved to participate in the Gold Seal Quality Care
   66  program of the applicable changes and of the department’s intent
   67  to revise the Gold Seal Quality Care program standards
   68  accordingly.
   69         (b)Upon such notification, each accrediting association
   70  must, within 30 days, notify the department of its intent to
   71  revise its accreditation standards or discontinue participation
   72  in the Gold Seal Quality Care program.
   73         1.Upon notification by an accrediting association that it
   74  intends to discontinue participation in the Gold Seal Quality
   75  Care program, the department shall notify any participating
   76  child care provider accredited by that association that the
   77  provider must obtain accreditation from another Gold Seal
   78  accrediting association by the time the provider’s current
   79  accreditation expires in order to maintain designation as a Gold
   80  Seal Quality Care provider.
   81         2.An accrediting association that intends to revise its
   82  accreditation standards must do so within 90 days after the
   83  notification provided pursuant to paragraph (a) and must ensure
   84  that each provider accredited by that association is in
   85  compliance with the revised accreditation standards upon the
   86  provider’s renewal of accreditation.
   87         (3) In order to obtain and maintain a designation as a Gold
   88  Seal Quality Care provider, a child care facility, large family
   89  child care home, or family day care home must meet the following
   90  additional criteria:
   91         (a) The child care provider must not have had any class I
   92  violations, as defined by rule, within the 2 years preceding its
   93  application for designation as a Gold Seal Quality Care
   94  provider. Commission of a class I violation shall be grounds for
   95  termination of the designation as a Gold Seal Quality Care
   96  provider until the provider has no class I violations for a
   97  period of 2 years.
   98         (b) The child care provider must not have had three or more
   99  class II violations, as defined by rule, within the 2 years
  100  preceding its application for designation as a Gold Seal Quality
  101  Care provider. Commission of three or more class II violations
  102  within a 2-year period shall be grounds for termination of the
  103  designation as a Gold Seal Quality Care provider until the
  104  provider has no class II violations for a period of 1 year.
  105         (c) The child care provider must not have been cited for
  106  the same class III violation, as defined by rule, three or more
  107  times within the 2 years preceding its application for
  108  designation as a Gold Seal Quality Care provider. Commission of
  109  the same class III violation three or more times during a 2-year
  110  period shall be grounds for termination of the designation as a
  111  Gold Seal Quality Care provider until the provider has no class
  112  III violations for a period of 1 year.
  113         (4) The Department of Children and Family Services shall
  114  adopt rules pursuant to under ss. 120.536(1) and 120.54 which
  115  provide criteria and procedures for reviewing and approving
  116  accrediting associations for participation in the Gold Seal
  117  Quality Care program, conferring and revoking designations of
  118  Gold Seal Quality Care providers, and classifying violations.
  119         Section 2. Paragraphs (c) and (f) of subsection (2) and
  120  subsection (3) of section 402.305, Florida Statutes, are
  121  amended, and paragraph (g) is added to subsection (2) of that
  122  section, to read:
  123         402.305 Licensing standards; child care facilities.—
  124         (2) PERSONNEL.—Minimum standards for child care personnel
  125  shall include minimum requirements as to:
  126         (c) Minimum age requirements. Such minimum standards shall
  127  prohibit a person under the age of 21 from being the operator of
  128  a child care facility and a person under the age of 18 16 from
  129  being employed at such facility unless such person is under
  130  direct and constant supervision of screened and trained staff
  131  who are 18 years of age or older and such person is not counted
  132  for the purposes of calculating computing the staff-to-child
  133  personnel-to-child ratio.
  134         (f) By January 1, 2000, A credential for child care
  135  facility directors. By January 1, 2004, The credential is the
  136  shall be a required minimum standard for licensing child care
  137  facility directors.
  138         (g)Minimum education standards for child care personnel.
  139  Minimum education standards shall prohibit persons who have not
  140  obtained a high school diploma or high school equivalency
  141  diploma under s. 1003.435 from being employed as child care
  142  personnel unless such a person is:
  143         1.Under the direct and constant supervision of screened
  144  and trained staff and is not counted for purposes of calculating
  145  the staff-to-child ratio;
  146         2.Not serving in an instructional position and is not
  147  counted for purposes of calculating the staff-to-child ratio;
  148  and
  149         3.Employed in an instructional position on July 1, 2010,
  150  and has 10 or more continuous years of documented experience
  151  working with children in a child care setting or in a public
  152  school.
  153  
  154  Those child care personnel who are employed by a child care
  155  facility on July 1, 2010, who do not possess the minimum
  156  educational requirements set forth in this paragraph and who are
  157  not exempt from the requirements of this paragraph must complete
  158  the educational requirements by July 1, 2011. Persons who do not
  159  complete the appropriate educational requirements are prohibited
  160  from employment as child care personnel until such time as they
  161  are in compliance with this paragraph.
  162         (3) MINIMUM STAFF CREDENTIALS.—If a facility operates for 8
  163  or more hours per week By July 1, 1996, for every 20 children in
  164  the a licensed child care facility, beginning with the first
  165  child if the facility operates 8 hours or more per week, one of
  166  the child care personnel in the facility must have:
  167         (a) A current child development associate credential;
  168         (b) A current child care professional credential, unless
  169  the department determines that such child care professional
  170  credential is not equivalent to or greater than a child
  171  development associate credential; or
  172         (c) A current credential that is equivalent to or greater
  173  than the credential required in paragraph (a) or paragraph (b).
  174  
  175  The department shall establish by rule those hours of operation,
  176  such as during rest periods and transitional periods, when this
  177  subsection does not apply.
  178         Section 3. For the purpose of incorporating the amendment
  179  made by this act to section 402.305, Florida Statutes, in a
  180  reference thereto, subsection (5) of section 1007.23, Florida
  181  Statutes, is reenacted to read:
  182         1007.23 Statewide articulation agreement.—
  183         (5) The articulation agreement must guarantee the
  184  articulation of 9 credit hours toward a postsecondary degree in
  185  early childhood education for programs approved by the State
  186  Board of Education and the Board of Governors which:
  187         (a) Award a child development associate credential issued
  188  by the National Credentialing Program of the Council for
  189  Professional Recognition or award a credential approved under s.
  190  1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
  191  child development associate credential; and
  192         (b) Include training in emergent literacy which meets or
  193  exceeds the minimum standards for training courses for
  194  prekindergarten instructors of the Voluntary Prekindergarten
  195  Education Program in s. 1002.59.
  196         Section 4. This act shall take effect July 1, 2010.

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