Florida Senate - 2013                              CS for SB 630
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Clemens
       
       
       
       586-02280A-13                                          2013630c1
    1                        A bill to be entitled                      
    2         An act relating to regulation of summer camps;
    3         amending s. 409.175, F.S.; providing that Department
    4         of Children and Families license requirements apply to
    5         summer day camps and summer 24-hour camps; providing
    6         duties of the department; providing legislative intent
    7         for children in the state who attend summer day camps
    8         or summer 24-hour camps; requiring specified persons
    9         coming into contact with children to be screened;
   10         requiring summer day camps and summer 24-hour camps to
   11         register with the department; providing registration
   12         and screening requirements for summer camp personal;
   13         requiring a camp to dismiss personnel who are not of
   14         good moral character; authorizing the department to
   15         adopt rules relating to registration and screening;
   16         requiring the department to notify the appropriate
   17         state attorney of a violation of the registration
   18         requirement; requiring camps to allow the department
   19         access to personnel and facilities; providing for the
   20         necessity of a warrant in certain circumstances;
   21         authorizing the department to institute disciplinary
   22         proceedings; requiring the camp to display its
   23         registration on any advertisement; providing criminal
   24         penalties; providing for termination of employment of
   25         summer camp personnel; providing for termination of
   26         the operation of a summer day camp or summer 24-hour
   27         camp; providing for civil relief and criminal
   28         penalties; providing an effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (d) of subsection (4), paragraph (a)
   33  of subsection (5), and paragraphs (d) and (k) of subsection (6)
   34  of section 409.175, Florida Statutes, are amended to read:
   35         409.175 Licensure of family foster homes, residential
   36  child-caring agencies, and child-placing agencies, summer 24
   37  hour camps, and summer day camps; public records exemption.—
   38         (4)
   39         (d) This license requirement does not apply to boarding
   40  schools, recreation and summer camps, nursing homes, or
   41  hospitals, or to persons who care for children of friends or
   42  neighbors in their homes for periods not to exceed 90 days, or
   43  to persons who have received a child for adoption from a
   44  licensed child-placing agency.
   45         (5)(a) The department shall adopt and amend licensing rules
   46  for family foster homes, residential child-caring agencies, and
   47  child-placing agencies, and. The department may also adopt rules
   48  relating to the screening requirements for summer day camps and
   49  summer 24-hour camps. The requirements for licensure and
   50  operation of family foster homes, residential child-caring
   51  agencies, and child-placing agencies, summer day camps, and
   52  summer 24-hour camps shall include:
   53         1. The operation, conduct, and maintenance of these homes
   54  and agencies and the responsibility which they assume for
   55  children served and the evidence of need for that service.
   56         2. The provision of food, clothing, educational
   57  opportunities, services, equipment, and individual supplies to
   58  assure the healthy physical, emotional, and mental development
   59  of the children served.
   60         3. The appropriateness, safety, cleanliness, and general
   61  adequacy of the premises, including fire prevention and health
   62  standards, to provide for the physical comfort, care, and well
   63  being of the children served.
   64         4. The ratio of staff to children required to provide
   65  adequate care and supervision of the children served and, in the
   66  case of foster homes, the maximum number of children in the
   67  home.
   68         5. The good moral character based upon screening,
   69  education, training, and experience requirements for personnel.
   70         6. The department may grant exemptions from
   71  disqualification from working with children or the
   72  developmentally disabled as provided in s. 435.07.
   73         7. The provision of preservice and inservice training for
   74  all foster parents and agency staff.
   75         8. Satisfactory evidence of financial ability to provide
   76  care for the children in compliance with licensing requirements.
   77         9. The maintenance by the agency of records pertaining to
   78  admission, progress, health, and discharge of children served,
   79  including written case plans and reports to the department.
   80         10. The provision for parental involvement to encourage
   81  preservation and strengthening of a child’s relationship with
   82  the family.
   83         11. The transportation safety of children served.
   84         12. The provisions for safeguarding the cultural,
   85  religious, and ethnic values of a child.
   86         13. Provisions to safeguard the legal rights of children
   87  served.
   88         (6)
   89         (d)1. The department may pursue other remedies provided in
   90  this section in addition to denial or revocation of a license
   91  for failure to comply with the screening requirements. The
   92  disciplinary actions determination to be made by the department
   93  and the procedure for hearing for applicants and licensees shall
   94  be in accordance with chapter 120.
   95         2. When the department has reasonable cause to believe that
   96  grounds for denial or termination of employment exist, it shall
   97  notify, in writing, the applicant or, licensee, or summer or
   98  recreation camp, and the personnel affected, stating the
   99  specific record which indicates noncompliance with the screening
  100  requirements.
  101         3. Procedures established for hearing under chapter 120
  102  shall be available to the applicant or, licensee, summer day
  103  camp, or summer 24-hour camp, and affected personnel, in order
  104  to present evidence relating either to the accuracy of the basis
  105  for exclusion or to the denial of an exemption from
  106  disqualification.
  107         4. Refusal on the part of an applicant to dismiss personnel
  108  who have been found not to be in compliance with the
  109  requirements for good moral character of personnel shall result
  110  in automatic denial or revocation of license in addition to any
  111  other remedies provided in this section which may be pursued by
  112  the department.
  113         (k) The department shall may not license summer day camps
  114  and or summer 24-hour camps and. However, the department shall
  115  have access to the personnel records of such camps facilities to
  116  ensure compliance with the screening requirements.
  117         Section 2. Registration of summer camps.—
  118         (1)The intent and purpose of this section is to protect
  119  all children attending summer day camps or summer 24-hour camps
  120  by establishing registration and screening requirements for such
  121  camps and providing procedures to determine adherence to these
  122  requirements.
  123         (a)All owners, operators, employees, and volunteers who
  124  have any contact with children in a summer day camp or summer
  125  24-hour camp are considered “summer camp personnel” as defined
  126  in s. 402.302, Florida Statutes. All such persons must be
  127  screened using the level 2 standards in chapter 435, Florida
  128  Statutes.
  129         (b)Registration means a document issued by the Department
  130  of Children and Families certifying an applicant meets the
  131  requirements in statute and rule to operate a summer day camp or
  132  summer 24-hour camp. A registration under this section is issued
  133  to a summer day camp or summer 24-hour camp and is not a
  134  professional license of any person. Receipt of a registration
  135  under this section does not create a property right in the
  136  recipient. A registration under this section is a public trust
  137  and a privilege and is not an entitlement. In an administrative
  138  proceeding, the department must produce competent substantial
  139  evidence to support its stated reasons for denying a
  140  registration or for sanctioning an existing registration.
  141         (2)An application for registration shall be made on forms
  142  provided and in the manner prescribed by the department. The
  143  department shall determine the good moral character of the
  144  applicant based on the screening requirements provided in s.
  145  402.302, Florida Statutes.
  146         (3)(a)Failure on the part of an owner or operator of a
  147  summer day camp or summer 24-hour camp, after written
  148  notification, to dismiss personnel who have been found not to be
  149  in compliance with the requirements for good moral character of
  150  personnel shall constitute an immediate serious danger to the
  151  public health, safety, or welfare to support an emergency
  152  suspension, restriction, or limitation of an existing
  153  registration under s. 120.60, Florida Statutes.
  154         (b)The department may adopt rules relating to the
  155  registration and screening requirements for summer day camps and
  156  summer 24-hour camps.
  157         (c)The department shall have access to the personnel
  158  records of summer day camps and summer 24-hour camps to ensure
  159  compliance with registration and screening requirements.
  160         (4)If the department finds that a person or entity, after
  161  written notification of the registration requirement, continues
  162  to operate a summer day camp or summer 24-hour camp without a
  163  registration, the department shall notify the appropriate state
  164  attorney of the violation of 420.319, Florida Statutes.
  165         (5)A summer day camp or summer 24-hour camp shall accord
  166  to the department the privilege of inspection, including access
  167  to facilities and personnel and to those records required
  168  pursuant to s. 402.305, Florida Statutes, at reasonable times
  169  during regular business hours. The right of entry and inspection
  170  shall also extend to any premises that the department has reason
  171  to believe are being operated or maintained as part of the
  172  summer day camp or summer 24-hour camp, but no such entry or
  173  inspection of any premises shall be made without the permission
  174  of the person in charge thereof unless a warrant is first
  175  obtained from the circuit court authorizing same. Any
  176  application for registration or renewal of registration made
  177  pursuant to this act or the advertisement to the public for
  178  provision of a summer day camp or a summer 24-hour camp
  179  constitutes permission for any entry or inspection of the summer
  180  day camp or summer 24-hour camp for which the registration is
  181  sought in order to facilitate verification of the information
  182  submitted on or in connection with the registration application.
  183  In the event a summer day camp or summer 24-hour camp refuses
  184  permission for entry or inspection to the department, a warrant
  185  shall be obtained from the circuit court authorizing the same
  186  prior to such entry or inspection. The department may institute
  187  disciplinary proceedings pursuant to s. 402.310, Florida
  188  Statutes, for such refusal.
  189         (6)A summer day camp or summer 24-hour camp may not
  190  advertise without including within such advertisement the
  191  registration number of such summer day camp or summer 24-hour
  192  camp.
  193         (7)It is a misdemeanor of the first degree, punishable as
  194  provided in s. 775.082 or s. 775.083, Florida Statutes, for any
  195  person to knowingly:
  196         (a) Operate or attempt to operate a summer day camp or
  197  summer 24-hour camp without registering with the department.
  198         (b)Operate or attempt to operate a summer day camp or
  199  summer 24-hour camp under a registration that is suspended,
  200  revoked, or terminated.
  201         (c)Misrepresent, by act or omission, a summer day camp or
  202  summer 24 hour camp, to be duly registered pursuant to this
  203  section without being so registered.
  204         (d)Make any other misrepresentation, by act or omission,
  205  regarding the registration or operation of a summer day camp or
  206  summer 24-hour camp to a parent or guardian who has a child
  207  placed in the summer day camp or summer 24-hour camp or is
  208  inquiring as to placing a child in the summer day camp or summer
  209  24-hour camp, to a representative of the department, or to a
  210  representative of a law enforcement agency, including, but not
  211  limited to, any misrepresentation as to whether the summer day
  212  camp or summer 24-hour camp complies with the screening
  213  requirements of s. 402.302, Florida Statutes.
  214         (8)If any summer camp personnel makes any
  215  misrepresentation in violation of this section to a parent or
  216  guardian who has placed a children in the summer day camp or
  217  summer 24-hour camp and the parent or guardian relied upon the
  218  misrepresentation, and the child suffers great bodily harm,
  219  permanent disfigurement, permanent disability, or death as a
  220  result of an intentional act or negligence by the summer camp
  221  personnel, the summer camp personnel commits a felony of the
  222  second degree, punishable as provided in s. 775.082, s. 775.083,
  223  or s. 775.084, Florida Statutes.
  224         (9)When the department has reasonable cause to believe
  225  that grounds for denial or termination of employment exist, it
  226  shall notify, in writing, the applicant, or owner and operator
  227  of the summer day camp or summer 24-hour camp, and the personnel
  228  affected, stating the specific record which indicates
  229  noncompliance with the screening requirements. Procedures
  230  established for hearing under chapter 120, Florida Statutes,
  231  shall be available to the applicant, owner and operator, and
  232  affected personnel, in order to present evidence relating either
  233  to the accuracy of the basis for exclusion or to the denial of
  234  an exemption from disqualification.
  235         (10)(a) If a summer day camp or summer 24-hour camp has
  236  failed to take preventive or corrective measures in accordance
  237  with any order of the department to maintain conformity with the
  238  registration requirements, or if there is a violation of any of
  239  the provisions of any registration requirement pursuant to this
  240  act, which violation threatens harm to any child or which
  241  constitutes an emergency requiring immediate action, the
  242  department may institute injunctive proceedings in a court of
  243  competent jurisdiction to terminate the operation of the summer
  244  day camp or summer 24-hour camp providing care for children when
  245  such camp has willfully and knowingly refused to comply with the
  246  screening requirements for personnel or has refused to terminate
  247  the employment of personnel found to be in noncompliance with
  248  the registration requirements.
  249         (b)If the department finds, within 30 days after written
  250  notification by registered mail of the requirement for
  251  registration or of the violation of screening requirements, that
  252  a summer day camp or summer 24-hour camp continues to provide
  253  care for children without complying, the department shall notify
  254  the appropriate state attorney of the violation of law and, if
  255  necessary shall institute a civil suit to enjoin the summer day
  256  camp or summer 24-hour camp from continuing the care of
  257  children.
  258         (11)(a)It is unlawful for any summer day camp or summer
  259  24-hour camp providing care for children to:
  260         1.Willfully or intentionally fail to comply with the
  261  requirements for the screening of personnel or the dismissal of
  262  personnel found to not be in compliance with chapter 435,
  263  Florida Statutes.
  264         2.Use information from the criminal records obtained under
  265  this section for any purpose other than screening a person for
  266  employment as specified in this section or to release such
  267  information to any other person for any purpose other than
  268  screening for employment as specified in this section.
  269         3.Use information from the juvenile records of any person
  270  obtained under this section for any purpose other than screening
  271  for employment as specified in this section or to release
  272  information from such records to any other person for any
  273  purpose other than screening for employment as specified in this
  274  section.
  275         (b)1.A first violation of subparagraph (a)1., subparagraph
  276  (a)2.,or subparagraph (a)3. is a misdemeanor of the first
  277  degree, punishable as provided in s. 775.082 or s. 775.083,
  278  Florida Statutes.
  279         2.A second violation of subparagraph (a)1., subparagraph
  280  (a)2.,or subparagraph (a)3., is a felony of the third degree,
  281  punishable as provided in s. 775.082 or s. 775.083, Florida
  282  Statutes.
  283         3.A violation of subparagraph (a)3. is a felony of the
  284  third degree, punishable as provided in s. 775.082, s. 775.083,
  285  or s. 775.084, Florida Statutes.
  286         Section 3. This act shall take effect July 1, 2013.