Senate Bill sb0352c1

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    Florida Senate - 2005                            CS for SB 352

    By the Committee on Commerce and Consumer Services; and
    Senator Lynn




    577-1640-05

  1                      A bill to be entitled

  2         An act relating to religious-exempt child care

  3         programs; providing a short title; amending s.

  4         402.316, F.S.; providing for a child care

  5         program affiliated with a religious

  6         congregation or religious school to be exempt

  7         from regulation by the Department of Children

  8         and Family Services as a religious-exempt child

  9         care program; requiring religious-exempt child

10         care programs to display a certificate of

11         compliance issued by an accrediting agency

12         recognized by the department; providing

13         requirements for accrediting agencies

14         recognized by the department; requiring a

15         recognized accrediting agency to conduct an

16         initial onsite review; providing timeframes

17         within which child care programs must meet the

18         requirements for training and credentials;

19         requiring recognized accrediting agencies for

20         religious exemption to submit standards to the

21         department; requiring the department to create

22         and maintain a list of recognized accrediting

23         agencies; providing that the act does not

24         authorize the department to regulate certain

25         specified elements of a religious-exempt child

26         care program; requiring that the department

27         notify recognized accrediting agencies of any

28         revision in standards; requiring that a

29         recognized accrediting agency submit an annual

30         report; providing timeframes within which an

31         exempt child care program must notify an

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    Florida Senate - 2005                            CS for SB 352
    577-1640-05




 1         accrediting agency of its transfer and

 2         termination of accreditation; prohibiting a

 3         recognized accrediting agency for religious

 4         exemption from owning, operating, or

 5         administering certain programs; requiring the

 6         department to facilitate an annual meeting;

 7         providing an effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  This act may be cited as the "Zaniyah

12  Hinson Act."

13         Section 2.  Section 402.316, Florida Statutes, is

14  amended to read:

15         (Substantial rewording of section. See

16         s. 402.316, F.S., for present text.)

17         402.316  Exemption for child care program or weekday

18  preschool program accredited by a recognized accrediting

19  agency for religious exemption.--

20         (1)  A child care program or weekday preschool program

21  qualifies for the exemption provided in this section if the

22  program is an integral part of an established religious

23  congregation or religious school conducting regularly

24  scheduled classes, courses of study, or educational programs,

25  and is a member or participant of, or accredited by, a state,

26  regional, or national accrediting agency for religious

27  exemption which is recognized by the Department of Children

28  and Family Services. A child care program or weekday preschool

29  program that qualifies as a religious-exempt child care

30  program may choose to be exempt from the requirements for

31  child care licensing established in ss. 402.301-402.319 or may

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    Florida Senate - 2005                            CS for SB 352
    577-1640-05




 1  voluntarily be licensed under ss. 402.301-402.319. If a

 2  religious-exempt child care program chooses to be exempt from

 3  the requirements of ss. 402.301-402.319, the program must meet

 4  the screening requirements in ss. 402.305 and 402.3055 and

 5  must display its certificate of compliance issued by a

 6  recognized accrediting agency for religious exemption in a

 7  conspicuous location in the facility. Failure to post the

 8  certificate of compliance in a conspicuous location will

 9  result in an administrative action as determined by the

10  standards of the program's accrediting agency for religious

11  exemption.

12         (2)  The department shall verify an accrediting agency

13  as a recognized accrediting agency for religious exemption if

14  the accrediting agency:

15         (a)  Adopts minimum standards for operating a child

16  care program or weekday preschool program which meet or exceed

17  the department's minimum standards set forth in s. 402.305

18  (1)-(11), (13), (15), and (16);

19         (b)  Publishes its minimum standards and requires a

20  child care program or weekday preschool program that is a

21  member or participant of, or accredited by, the agency to

22  comply with the accrediting agency's minimum standards;

23         (c)  Requires a program that is a member or participant

24  of, or accredited by, the agency to meet the minimum

25  requirements of the local governing body with respect to

26  health, sanitation, and safety, including minimum requirements

27  for environmental health, firesafety, zoning, and building

28  codes, and provides that the applicable local governing body

29  shall have enforcement authority over such members or

30  participants with respect to their compliance with all such

31  minimum requirements;

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    Florida Senate - 2005                            CS for SB 352
    577-1640-05




 1         (d)  Requires a program that is a member or participant

 2  of, or accredited by, the agency to inform parents that the

 3  program is exempt from state licensing requirements but meets

 4  the standards of the program's accrediting agency, which meet

 5  or exceed the department's minimum standards;

 6         (e)  Conducts an initial onsite review of each program

 7  that is a member or participant of, or accredited by, the

 8  agency. Each year thereafter, a notarized statement must be

 9  submitted to the accrediting agency by each program verifying

10  compliance with applicable state laws and the accrediting

11  agency's published minimum standards; and

12         (f)  Requires child care personnel employed by a

13  program that is a member or participant of, or accredited by,

14  the agency to comply with standards that meet or exceed the

15  standards set forth in s. 402.305(2)(d). A recognized

16  accrediting agency for religious exemption must require child

17  care personnel to begin a 40-clock-hour introductory course in

18  child care, approved by the department, by October 1, 2005, or

19  within 90 days after employment and complete the training

20  within 1 year after the date on which the training begins. In

21  addition, a recognized accrediting agency shall require a

22  program that is a member or participant of, or accredited by,

23  the agency to meet or exceed the requirements for staff

24  credentials set forth in s. 402.305(3) by July 1, 2009. The

25  department and accrediting agencies for religious exemption

26  shall work collaboratively to expedite the approval of

27  equivalency programs developed by the accrediting agencies.

28         (3)  Each accrediting agency for religious exemption

29  that seeks recognition by the department under this section

30  must submit a copy of its published standards to the

31  department for review. These standards shall be reviewed by

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    Florida Senate - 2005                            CS for SB 352
    577-1640-05




 1  the department within 30 days after submission. The department

 2  shall recognize an accrediting agency if the agency is in

 3  compliance with subsection (2). The department shall create

 4  and maintain a complete and accurate list of all recognized

 5  accrediting agencies for religious exemption and specify the

 6  agencies' standards.

 7         (4)  This section does not authorize the department to

 8  regulate or control an accrediting agency for religious

 9  exemption or to regulate or control the governance, religious

10  curriculum, academic curriculum, testing or assessments,

11  evaluation procedures, academic requirements of the staff,

12  discipline, or hiring practices of any religious-exempt child

13  care program.

14         (5)  The department shall distribute to each recognized

15  accrediting agency for religious exemption any revision made

16  to the department's minimum standards within 30 days after the

17  revision is adopted. Within 30 days after the receipt of

18  revised minimum standards from the department, each recognized

19  accrediting agency for religious exemption shall notify the

20  department by written statement documenting that they have

21  notified each exempt program of the revised standards. The new

22  standards shall be incorporated during the next revision of

23  the accrediting agency's minimum standards. Each recognized

24  accrediting agency for religious exemption shall maintain and

25  submit to the department an annual report that includes an

26  updated listing of programs that are members or participants

27  of, or accredited by, that agency and submit a written notice

28  of a new program coming into affiliation thereafter, or

29  terminating affiliation, within 30 days after such action. A

30  religious-exempt child care program that transfers its

31  affiliation from one accrediting agency to another must notify

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    Florida Senate - 2005                            CS for SB 352
    577-1640-05




 1  the accrediting agency from which it is transferring 30 days

 2  in advance of the transfer.

 3         (6)  A recognized accrediting agency for religious

 4  exemption may not own, operate, or administer a child care

 5  program or weekday preschool program under its certificate of

 6  approval. A child care program or weekday preschool program

 7  exempt from ss. 402.301-402.319 under this section is solely

 8  responsible for its day-to-day operations and compliance with

 9  applicable state laws and the minimum standards of its

10  accrediting agency for religious exemption.

11         (7)  The department shall facilitate an annual meeting

12  with the accrediting agencies for religious exemption, health

13  and safety officials, and other interested child advocates to

14  exchange ideas for ensuring the health and safety of children

15  in child care and preschool programs.

16         Section 3.  This act shall take effect July 1, 2005.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 352

20                                 

21  This Committee Substitute differs from Senate Bill 352 in the
    following ways:
22  
    1.   Replaces the word "parochial" with "religious" to clarify
23       that the bill applies to all religiously affiliated
         childcare programs; and
24  
    2.   Clarifies that local governing bodies have the authority
25       to enforce all fire, safety, health, building and zoning
         codes over religiously affiliated child care programs.
26  

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28  

29  

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31  

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