January 21, 2021
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       Florida Senate - 2010                            (NP)    SB 2812
       
       
       
       By Senator Justice
       
       
       
       
       16-02935-10                                           20102812__
    1                        A bill to be entitled                      
    2         An act relating to Pinellas County; amending chapter
    3         61-2681, Laws of Florida, as amended; redefining the
    4         term “family day care home” and defining the terms
    5         “large family child care home” and “household
    6         children”; revising and providing requirements for
    7         licensing and regulating such homes; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (5) of section 2 of chapter 61-2681,
   13  Laws of Florida, as amended by chapters 70-893 and 2007-277,
   14  Laws of Florida, is amended to read:
   15         Section 2. Definitions; capacity and time limitations.—
   16         (5)(a) A “family child care home” or “family day care home
   17  means an occupied a facility for child care in a place of
   18  residence in which child care and training are regularly
   19  provided for children from at least two unrelated households,
   20  with or without compensation. A family child care home shall be
   21  allowed to provide care for one of the following groups of
   22  children, which shall include in their overall capacity the
   23  preschool household children, whether present or not, and
   24  school-aged household children under 13 years of age, when
   25  present:
   26         1. When three children from birth to 12 months of age are
   27  in care, no more than two additional children 2 years of age or
   28  older may be in care, except when a provider has proof of
   29  completion of an approved training course, in which case the two
   30  additional children must be 18 months of age or older, which
   31  includes preschool household children, whether present or not,
   32  for a total of five children in care, plus additional school
   33  aged household children, when present, for a total capacity of
   34  up to six children.
   35         2. When two children from birth to 12 months of age are in
   36  care, no more than three additional children may be in care and
   37  no more than one of those children may be between 12 and 24
   38  months of age. The remaining children must be 2 years of age or
   39  older, except when a provider has proof of completion of an
   40  approved training course, in which case the two additional
   41  children must be 18 months of age or older, which includes
   42  preschool household children, whether present or not, for a
   43  total of five children in care, plus additional school-aged
   44  household children, when present, for a total capacity of up to
   45  ten children of a family, person, or persons who receive no more
   46  than four (4) children under seventeen (17) years of age away
   47  from their own homes who are not related to such person or
   48  persons by blood, marriage, or adoption, for the purpose of
   49  providing family care and training for such children. No more
   50  than three (3) of the four (4) children may be under two (2)
   51  years of age. This term shall not be construed to include
   52  children above first grade level except in homes where children
   53  below first grade level are also received for care.
   54         (b) A “large family child care home” means an occupied
   55  place of residence of a family, person, or persons who regularly
   56  provide child care for children from at least two unrelated
   57  households, with or without compensation, which has at least two
   58  full-time child care employees on the premises during the hours
   59  of operation. One of the two full-time child care employees must
   60  be the provider or the provider’s substitute. In order to
   61  qualify for licensure as a large family child care home, the
   62  home must first have operated as a licensed family day care home
   63  for 2 consecutive years in Pinellas County, with a provider who
   64  has had a child development associate credential or its
   65  equivalent for 1 year. A large family child care home may
   66  provide care for one of the following groups of children, which
   67  include household children under 13 years of age:
   68         1. A maximum of eight children from birth to 24 months of
   69  age; or
   70         2. A maximum of twelve children, with no more than four
   71  children under 24 months of age.
   72  
   73  A large family child care home must meet and comply with all
   74  standards of this paragraph unless there is an insufficient
   75  number of children in care to meet the definition of a large
   76  family child care home, in which case an additional employee is
   77  not required.
   78         (c) “Household children” means children who reside in the
   79  home and are related by blood, marriage, or legal adoption to,
   80  or who are the legal wards of, an adult household member who
   81  meets the level 2 screening requirements as provided in s.
   82  435.04, Florida Statutes. Supervision of the provider’s
   83  household children shall be left to the discretion of the
   84  provider unless those children receive subsidized child care to
   85  be in the home.
   86         (d)(b) Child care may be provided for 24 hours or longer
   87  for a child whose parent or legal guardian works a shift of 24
   88  hours or more. The requirement that a parent or legal guardian
   89  work a shift of 24 hours or more must be certified in writing by
   90  the employer, and the written certification must be maintained
   91  in the facility by the child care provider and made available to
   92  the license board and the state child care licensing agency. The
   93  time that a child remains in child care, however, may not exceed
   94  72 consecutive hours in any 7-day period. During a declared
   95  state of emergency, the license board or the state child care
   96  licensing agency may temporarily waive the time limitations
   97  provided in this paragraph.
   98         Section 2. This act shall take effect July 1, 2010.

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