Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 250
       
       
       
       
       
       
                                Ì908786^Î908786                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2015           .                                
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       The Committee on Children, Families, and Elder Affairs (Ring)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) of section 402.301, Florida
    6  Statutes, is amended to read:
    7         402.301 Child care facilities; legislative intent and
    8  declaration of purpose and policy.—It is the legislative intent
    9  to protect the health, safety, and well-being of the children of
   10  the state and to promote their emotional and intellectual
   11  development and care. Toward that end:
   12         (6) It is further the intent and policy of the Legislature
   13  that membership organizations affiliated with national
   14  organizations which serve only youth 6 to 18 years of age and
   15  which do not provide child care, whose primary purpose is the
   16  provision of after-school programs, delinquency prevention
   17  programs, and providing activities that contribute to the
   18  development of good character; which operate at least 5 days per
   19  week; which are facility-based or school-based; or good
   20  sportsmanship or to the education or cultural development of
   21  minors in this state, which charge only a nominal annual
   22  membership fee or no fee;, which are not for profit;, and which
   23  are certified by their national associations as being in
   24  compliance with the association’s minimum standards and
   25  procedures are shall not be considered child care facilities and
   26  therefore are not subject to the licensure requirements or the
   27  minimum standards for child care facilities, their personnel
   28  shall not be required to be screened. However, all personnel as
   29  defined in s. 402.302 of such membership organizations shall
   30  meet background screening requirements through the department
   31  pursuant to ss. 402.305 and 402.3055.
   32         Section 2. Subsection (2) of section 402.302, Florida
   33  Statutes, to read:
   34         402.302 Definitions.—As used in this chapter, the term:
   35         (2) “Child care facility” includes any child care center or
   36  child care arrangement which provides child care for more than
   37  five children unrelated to the operator and which receives a
   38  payment, fee, or grant for any of the children receiving care,
   39  wherever operated, and whether or not operated for profit. The
   40  following are not included:
   41         (a) Public schools and nonpublic schools and their integral
   42  programs, except as provided in s. 402.3025;
   43         (b) Summer camps having children in full-time residence;
   44         (c) Summer day camps;
   45         (d) Bible schools normally conducted during vacation
   46  periods; and
   47         (e) Operators of transient establishments, as defined in
   48  chapter 509, which provide child care services solely for the
   49  guests of their establishment or resort, provided that all child
   50  care personnel of the establishment are screened according to
   51  the level 2 screening requirements of chapter 435; and.
   52         (f) Membership organizations affiliated with national
   53  organizations which serve only youth 6 to 18 years of age and
   54  whose primary purpose is the provision of after-school programs,
   55  delinquency prevention programs, and activities that contribute
   56  to the development of good character; which operate at least 5
   57  days per week; which are facility-based or school-based; which
   58  charge only a nominal annual membership fee or no fee; which are
   59  not for profit; and which are certified by their national
   60  associations as being in compliance with the association’s
   61  minimum standards and procedures. However, all personnel as
   62  defined in s. 402.302 of such membership organizations shall
   63  meet background screening requirements through the department
   64  pursuant to ss. 402.305 and 402.3055.
   65         Section 3. Section 402.316, Florida Statutes, is amended to
   66  read:
   67         402.316 Exemptions.—
   68         (1) The provisions of ss. 402.301-402.319, except for the
   69  requirements regarding screening of child care personnel, do
   70  shall not apply to a child care facility which is an integral
   71  part of church or parochial schools conducting regularly
   72  scheduled classes, courses of study, or educational programs
   73  accredited by, or by a member of, an organization which
   74  publishes and requires compliance with its standards for health,
   75  safety, and sanitation. However, such facilities shall meet
   76  minimum requirements of the applicable local governing body as
   77  to health, sanitation, and safety and shall meet the screening
   78  requirements pursuant to ss. 402.305 and 402.3055. Failure by a
   79  facility to comply with such screening requirements shall result
   80  in the loss of the facility’s exemption from licensure.
   81         (2) The provisions of ss. 402.305-402.319, except for the
   82  requirements regarding background screening of personnel, do not
   83  apply to membership organizations affiliated with national
   84  organizations which serve youth 6 to 18 years of age and whose
   85  primary purpose is the provision of after-school programs,
   86  delinquency prevention programs, and activities that contribute
   87  to the development of good character; which operate at least 5
   88  days per week; which are facility-based or school-based; which
   89  charge only a nominal annual membership fee or no fee; which are
   90  not for profit; and which are certified by their national
   91  associations as being in compliance with the association’s
   92  minimum standards and procedures. However, all personnel as
   93  defined in s. 402.302 of such membership organizations shall
   94  meet background screening requirements through the department
   95  pursuant to ss. 402.305 and 402.3055.
   96         (3)(2) Any county or city with state or local child care
   97  licensing programs in existence on July 1, 1974, will continue
   98  to license the child care facilities as covered by such
   99  programs, notwithstanding the provisions of subsection (1),
  100  until and unless the licensing agency makes a determination to
  101  exempt them.
  102         (4)(3) Any child care facility covered by the exemption
  103  provisions of subsection (1), but desiring to be included in
  104  this act, is authorized to do so by submitting notification to
  105  the department. Once licensed, such facility cannot withdraw
  106  from the act and continue to operate.
  107         Section 4. Section 402.3201, Florida Statutes, is created
  108  to read:
  109         402.3201Not-for-Profit Standards Study Group.—
  110         (1) The Legislature recognizes that not-for-profit after
  111  school programs provide important and much needed programs and
  112  services to youth who are 6 to 18 years of age at little or no
  113  cost to the youth.
  114         (2) It is the intent of the Legislature to study the need
  115  for minimum standards related to the health, sanitation, and
  116  safety of youth who attend not-for-profit after-school programs.
  117         (3) The Legislature hereby establishes a Not-for-Profit
  118  Standards Study Group for the purpose of reviewing and making
  119  recommendations related to the establishment of minimum
  120  standards for not-for-profit after-school programs that are not
  121  required to be licensed.
  122         (4) The study group shall consist of 4 members who shall be
  123  appointed by the Governor. Membership must include a
  124  representative from the Florida Alliance of the Boys and Girls
  125  Clubs, a representative from the Florida Afterschool Network, a
  126  representative from the Florida After School Alliance, and a
  127  representative from a not-for-profit after-school program
  128  provider.
  129         (5) The study group shall make recommendations for
  130  establishing reasonable and affordable minimum standards for
  131  not-for-profit after-school programs that are not required to be
  132  licensed.
  133         (6) The study group shall submit a report to the Governor,
  134  the President of the Senate, and the Speaker of the House of
  135  Representatives by November 1, 2015.
  136         Section 5. This act shall take effect July 1, 2015.
  137  ================= T I T L E  A M E N D M E N T ================
  138  And the title is amended as follows:
  139         Delete everything before the enacting clause
  140  and insert:
  141                        A bill to be entitled                      
  142         An act relating to membership organizations; amending
  143         s. 402.301, F.S.; revising legislative intent and
  144         policy; requiring all personnel of membership
  145         organizations to meet specified background screening;
  146         amending s. 402.302, F.S.; adding certain membership
  147         organizations that are excluded from the definition of
  148         the term “child care facility”; requiring all
  149         personnel of membership organizations to meet
  150         specified background screening; amending s. 402.316,
  151         F.S.; providing that certain membership organizations
  152         are exempt from specified provisions; requiring all
  153         personnel of membership organizations to meet
  154         specified background screening; creating s. 402.3201,
  155         F.S.; providing legislative intent; creating a study
  156         group; providing for membership; requiring the study
  157         group to make recommendations and submit a report to
  158         the Governor and the Legislature by a certain date;
  159         providing an effective date.