Florida Senate - 2015                                     SB 250
       By Senator Smith
       31-00086A-15                                           2015250__
    1                        A bill to be entitled                      
    2         An act relating to child care facilities; amending s.
    3         402.301, F.S.; revising legislative intent and policy;
    4         requiring that certain membership organizations
    5         conduct level 2 background screening for child care
    6         personnel; requiring such organizations to demonstrate
    7         compliance upon request; amending s. 402.302, F.S.;
    8         excluding certain membership organizations from the
    9         definition of the term “child care facility”;
   10         providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Subsection (6) of section 402.301, Florida
   15  Statutes, is amended to read:
   16         402.301 Child care facilities; legislative intent and
   17  declaration of purpose and policy.—It is the legislative intent
   18  to protect the health, safety, and well-being of the children of
   19  the state and to promote their emotional and intellectual
   20  development and care. Toward that end:
   21         (6) It is further the intent and policy of the Legislature
   22  that membership organizations affiliated with national
   23  organizations which do not provide child care as defined in s.
   24  402.302;, whose primary purpose is the provision of after school
   25  programs, delinquency prevention programs, and providing
   26  activities that contribute to the development of good character;
   27  which are operated 5 days per week or more; which are facility
   28  based or school-based; or good sportsmanship or to the education
   29  or cultural development of minors in this state, which charge
   30  only a nominal annual membership fee or no fee;, which are not
   31  for profit;, and which are certified by their national
   32  associations as being in compliance with the association’s
   33  minimum standards and procedures are shall not be considered
   34  child care facilities and therefore are not subject to the
   35  licensing requirements or minimum standards for child care
   36  facilities, their personnel shall not be required to be
   37  screened. However, such membership organizations shall conduct
   38  background screening of child care personnel in compliance with
   39  ss. 435.04 and 435.12 and, upon request of an authorized state
   40  agency, shall demonstrate compliance with this subsection.
   41         Section 2. Paragraph (f) is added to subsection (2) of
   42  section 402.302, Florida Statutes, to read:
   43         402.302 Definitions.—As used in this chapter, the term:
   44         (2) “Child care facility” includes any child care center or
   45  child care arrangement which provides child care for more than
   46  five children unrelated to the operator and which receives a
   47  payment, fee, or grant for any of the children receiving care,
   48  wherever operated, and whether or not operated for profit. The
   49  following are not included:
   50         (a) Public schools and nonpublic schools and their integral
   51  programs, except as provided in s. 402.3025.;
   52         (b) Summer camps having children in full-time residence.;
   53         (c) Summer day camps.;
   54         (d) Bible schools normally conducted during vacation
   55  periods.; and
   56         (e) Operators of transient establishments, as defined in
   57  chapter 509, which provide child care services solely for the
   58  guests of their establishment or resort, provided that all child
   59  care personnel of the establishment are screened according to
   60  the level 2 screening requirements of chapter 435.
   61         (f) Membership organizations whose primary purpose is the
   62  provision of activities that contribute to the development of
   63  good character; after school programs; and delinquency
   64  prevention programs, if those activities and programs are
   65  operated at least 5 days a week, are facility or school based,
   66  are not for profit, and are certified by their national
   67  organizations as being in compliance with their minimum
   68  standards and procedures.
   69         Section 3. This act shall take effect July 1, 2015.