§ 26-26. Definitions.

(a)

A "children's center" includes any day nursery, nursery school, kindergarten, or other facility whatsoever which, with or without compensation, cares for five or more children 17 years of age or under, not related to the operator by blood, marriage, or adoption, away from the child's own home for from two to 12 hours per day per child. This term shall not be construed to include any center under the jurisdiction of the state board of education or to include any nonpublic academic school except in regard to children below first grade level.

(b)

A "day nursery" means a children's center consisting of improved realty, equipment, and staff, conducted for children ranging in age from two years through six years nine months for the purpose of providing shelter, food, rest and care and training. Such centers may accept schoolchildren under 17 years before and after school hours.

(c)

A "nursery school" means a children's center consisting of improved realty, equipment and staff, conducted for children ranging in age from two years through five years nine months for the purpose of offering an educational program of directed, organized play and training at the level of the child's growth and development, and providing shelter, food, rest and care, for from two to seven hours per day per child.

(d)

A "kindergarten" means a children's center consisting of improved realty, equipment and staff, conducted for children ranging from five years through six years nine months in age, for the purpose of offering an educational program of directed, organized play and training at the level of the children's growth and development, and providing shelter, food, rest, and care for from two to seven hours per day per child.

(e)

A "family day care home" means a facility for child care in a place of residence of a family, person, or persons who receive no more than four children under 17 years of age away from their own homes who are not related to such person or persons by blood, marriage, or adoption, for the purpose of providing family care and training for such children for from two to 12 hours per day. No more than three of the four children may be under two years of age. This term shall not be construed to include children above first grade level except in homes where children below first grade level are also received for care.

Under special circumstances, family day care homes may be licensed to care for children 24 hours a day. To fall under the administration of the license board, these family day care homes may not receive children from any licensed child-placing agencies. These family day care homes shall meet the same minimum standards established by the state welfare board for the care of children under 17 years of age being cared for away from their own parents or guardians, except where the requirements are in conflict with this article or changed as provided herein.

(f)

"Children's centers" licensed hereunder shall not provide regular overnight care for children. Overnight care on New Year's Eve and other similar occasions to be specified by the license board for a number not in excess of the total enrollment authorized on its license is permissive, subject to the determination by the license board that such overnight care is reasonable under the circumstances.

(g)

An "operator" means any person responsible for the operation of a children's center or family day care home as previously defined, whether or not he is the owner.

(h)

"Child care staff" means all persons who participate daily in direct care, teaching or training children cared for by any children's center or family day care home.

(i)

"Maintenance staff" means all persons engaged by any children's center or family day care home, full or part time, in preparation of food, cleaning, janitor service, chauffeuring, or nonsupervisory assistance with children.

(Laws of Fla. ch. 61-2681, § 2; Laws of Fla. ch. 70-893, § 1)

Cross reference

Definitions generally, § 1-2.