Bill Text: FL H0487 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Licensing Standards for Child Care Facilities

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Care Appropriations (CGHC) [H0487 Detail]

Download: Florida-2010-H0487-Introduced.html

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HB 487

1	A bill to be entitled
2	An act relating to licensing standards for child care
3	facilities; providing a short title; amending s. 402.305,
4	F.S.; providing minimum licensing requirements for window
5	blinds and other window coverings; providing for facility
6	liability under certain circumstances; providing a
7	definition; authorizing the Department of Children and
8	Family Services to provide certain information regarding
9	window blinds and window coverings; providing an effective
10	date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. This act may be cited as the "John F. Serrano,
15	Rachel Lou Napier, and Alexandra Ali Safety and Accountability
16	Act."
17	Section 2. Subsection (5) of section 402.305, Florida
18	Statutes, is amended to read:
19	402.305 Licensing standards; child care facilities.-
20	(5) PHYSICAL FACILITIES.-Minimum standards shall include
21	requirements for building conditions, indoor play space, outdoor
22	play space, napping space, bathroom facilities, food preparation
23	facilities, outdoor equipment, and indoor equipment.
24	(a) Because of the nature and duration of drop-in child
25	care, outdoor play space and outdoor equipment shall not be
26	required for licensure; however, if such play space and
27	equipment are provided, then the minimum standards shall apply
28	to drop-in child care. With respect to minimum standards for
29	physical facilities of a child care program for school-age
30	children which is operated in a public school facility, the
31	department shall adopt the State Uniform Building Code for
32	Public Educational Facilities Construction as the minimum
33	standards, regardless of the operator of the program. The
34	Legislature intends that if a child care program for school-age
35	children is operated in a public school, the program need not
36	conform to standards for physical facilities other than the
37	standards adopted by the Commissioner of Education.
38	(b) Minimum requirements for licensure of a child care
39	facility shall prohibit the use or installation of window blinds
40	or other window coverings with long dangling cords, pull cords,
41	or inner cords capable of forming a loop and which thereby pose
42	a risk of strangulation to young children. Window blinds and
43	other window coverings that have been manufactured or properly
44	retrofitted in a manner that eliminates long dangling cords,
45	pull cords, inner cords, or the formation of loops that pose a
46	risk of strangulation are not prohibited under this subsection.
47	Cordless window blinds are recommended and are in compliance
48	with this subsection.
49	1. When developing and periodically reviewing minimum
50	licensing requirements related to the safety and installation of
51	window blinds and other window coverings in child care
52	facilities, the department shall review and take into
53	consideration the recommendations of the United States Consumer
54	Product Safety Commission.
55	2. Child care facilities that do not properly retrofit
56	existing window blinds, window coverings, pull cords, or inner
57	cords in accordance with this paragraph by January 1, 2011,
58	shall be held liable for civil damages for any act that is a
59	result of the failure to retrofit existing window blinds, window
60	coverings, pull cords, or inner cords. For purposes of this
61	subparagraph, "properly retrofit" means to modify in a manner
62	that eliminates long dangling cords or the formation of inner or
63	outer cord loops that pose a risk of child strangulation.
64	3. The department may provide information regarding
65	reduced-cost or no-cost options for retrofitting or replacing
66	unsafe window blinds and window coverings.
67	Section 3. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.