December 03, 2020
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       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, or and the National Early Childhood Program Accreditation
   57  Commission, as applicable, may apply to the department to shall
   58  receive a separate “Gold Seal Quality Care” designation to
   59  operate as a gold seal child care facility, large family child
   60  care 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 School
   69  Readiness 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 to under ss. 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 household those children
  212  under 13 years of age who 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 household those children
  248  under 13 years of age who 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. The Such minimum standards
  300  must shall prohibit 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  18 16 from being employed at such facility unless he or she such
  303  person is 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 calculating computing the staff
  306  to-child personnel-to-child ratio. 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
  311  shall be a required 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 week By July 1, 1996, for every 20 children in
  338  the a licensed child care facility, beginning with the first
  339  child if 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.

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