Bill Text: FL S1234 | 2010 | Regular Session | Introduced

Florida Senate Bill 1234 (Prior Session Legislation)

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

Bill Title: Child Care Facilities/Licensing Standards [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages [S1234 Detail]

Download: Florida-2010-S1234-Introduced.html

 
Florida Senate - 2010                                    SB 1234 
 
By Senator Garcia 
40-01300-10                                           20101234__ 
1                        A bill to be entitled 
2         An act relating to licensing standards for child care 
3         facilities; providing a short title; amending s. 
4         402.305, F.S.; providing minimum licensing 
5         requirements for window blinds and other window 
6         coverings; providing for facility liability under 
7         certain circumstances; providing a definition; 
8         authorizing the Department of Children and Family 
9         Services to provide certain information regarding 
10         window blinds and window coverings; providing an 
11         effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. This act may be cited as the “John F. Serrano, 
16  Rachel Lou Napier, and Alexandra Ali Safety and Accountability 
17  Act.” 
18         Section 2. Subsection (5) of section 402.305, Florida 
19  Statutes, is amended to read: 
20         402.305 Licensing standards; child care facilities.— 
21         (5) PHYSICAL FACILITIES.—Minimum standards shall include 
22  requirements for building conditions, indoor play space, outdoor 
23  play space, napping space, bathroom facilities, food preparation 
24  facilities, outdoor equipment, and indoor equipment. 
25         (a) Because of the nature and duration of drop-in child 
26  care, outdoor play space and outdoor equipment shall not be 
27  required for licensure; however, if such play space and 
28  equipment are provided, then the minimum standards shall apply 
29  to drop-in child care. With respect to minimum standards for 
30  physical facilities of a child care program for school-age 
31  children which is operated in a public school facility, the 
32  department shall adopt the State Uniform Building Code for 
33  Public Educational Facilities Construction as the minimum 
34  standards, regardless of the operator of the program. The 
35  Legislature intends that if a child care program for school-age 
36  children is operated in a public school, the program need not 
37  conform to standards for physical facilities other than the 
38  standards adopted by the Commissioner of Education. 
39         (b) Minimum requirements for licensure of a child care 
40  facility shall prohibit the use or installation of window blinds 
41  or other window coverings with long dangling cords, pull cords, 
42  or inner cords capable of forming a loop and which thereby pose 
43  a risk of strangulation to young children. Window blinds and 
44  other window coverings that have been manufactured or properly 
45  retrofitted in a manner that eliminates long dangling cords, 
46  pull cords, inner cords, or the formation of loops that pose a 
47  risk of strangulation are not prohibited under this subsection. 
48  Cordless window blinds are recommended and are in compliance 
49  with this subsection. 
50         1. When developing and periodically reviewing minimum 
51  licensing requirements related to the safety and installation of 
52  window blinds and other window coverings in child care 
53  facilities, the department shall review and take into 
54  consideration the recommendations of the United States Consumer 
55  Product Safety Commission. 
56         2. Child care facilities that do not properly retrofit 
57  existing window blinds, window coverings, pull cords, or inner 
58  cords in accordance with this paragraph by January 1, 2011, 
59  shall be held liable for civil damages for any act that is a 
60  result of the failure to retrofit existing window blinds, window 
61  coverings, pull cords, or inner cords. For purposes of this 
62  subparagraph, “properly retrofit” means to modify in a manner 
63  that eliminates long dangling cords or the formation of inner or 
64  outer cord loops that pose a risk of child strangulation. 
65         3. The department may provide information regarding 
66  reduced-cost or no-cost options for retrofitting or replacing 
67  unsafe window blinds and window coverings. 
68         Section 3. This act shall take effect July 1, 2010.