Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 156 Ì975840/Î975840 LEGISLATIVE ACTION Senate . House Comm: RCS . 12/01/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Hutson) 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 that membership organizations13 affiliated with national organizations which do not provide14 child care, whose primary purpose is providing activities that15 contribute to the development of good character or good16 sportsmanship or to the education or cultural development of17 minors in this state, which charge only a nominal annual18 membership fee, which are not for profit, and which are19 certified by their national associations as being in compliance20 with the association’s minimum standards and procedures shall21 not be considered child care facilities. However, all personnel22 as defined in s. 402.302 of such membership organizations shall23 meet background screening requirements through the department24 pursuant to ss. 402.305 and 402.3055.25 Section 2. Subsection (5) of section 435.02, Florida 26 Statutes, is amended to read: 27 435.02 Definitions.—For the purposes of this chapter, the 28 term: 29 (5) “Specified agency” means the Department of Health, the 30 Department of Children and Families, the Division of Vocational 31 Rehabilitation within the Department of Education and any 32 division within the Department of Education which conducts 33 background screenings for after-school programs operated by not 34 for-profit organizations or municipal governments, the Agency 35 for Health Care Administration, the Department of Elderly 36 Affairs, the Department of Juvenile Justice, the Agency for 37 Persons with Disabilities, and local licensing agencies approved 38 pursuant to s. 402.307, when these agencies are conducting state 39 and national criminal history background screening on persons 40 who work with children or persons who are elderly or disabled. 41 Section 3. Section 1006.05, Florida Statutes, is created to 42 read: 43 1006.05 After-school programs of not-for-profit 44 organizations and municipal governments.— 45 (1) The Legislature finds that not-for-profit organizations 46 and municipal governments that conduct after-school programs 47 contribute to improved learning and the academic success of the 48 children and youth who attend the organizations’ or municipal 49 governments’ programs. 50 (2) As used in this section, the term “not-for-profit 51 organization or municipal government” means a not-for-profit 52 organization or municipal government after school program that 53 meets all of the following criteria: 54 (a) Conducts school-based or facility-based after-school 55 programs only for children and youth ages 6 to 18. 56 (b) Provides assistance through such programs with 57 homework, delinquency prevention, life skills, and the 58 development of good character. 59 (c) Operates 5 days a week or more during the school year 60 and operates during school holidays and the summer months. 61 (d) Charges only a nominal fee or no fee. 62 (e) Meets the standards for quality set by the Not-for 63 Profit After School Program Standards Advisory Council if such 64 standards are adopted by the Legislature. 65 (3) Sections 402.305-402.319 do not apply to not-for-profit 66 organizations or municipal governments as defined in this 67 section. 68 (4) A not-for-profit organization or municipal government 69 providing an after-school program that is licensed pursuant to 70 s. 402.305 before the effective date of this act may continue to 71 be licensed under s. 402.305 by submitting a notification of its 72 election to the Department of Children and Families. 73 (5) All child care personnel, as defined in s. 402.302, of 74 a not-for-profit organization or municipal government must meet 75 the background screening requirements of ss. 435.04 and 435.12 76 through the Department of Education. 77 Section 4. Not-for-Profit After-School Program Standards 78 Advisory Council.— 79 (1) The Not-for-Profit After-School Program Standards 80 Advisory Council is created within the Department of Education 81 to recommend reasonable and affordable minimum health, 82 sanitation, and safety standards for after-school programs 83 provided by not-for-profit organizations or municipal 84 governments as defined in s. 1006.05, Florida Statutes. 85 (2) The advisory council must consist of the following: 86 (a) A member of the Senate appointed by the President of 87 the Senate. 88 (b) A member of the House of Representatives appointed by 89 the Speaker of the House of Representatives. 90 (c) The Commissioner of Education or his or her designee. 91 (d) Three members appointed by the Governor representing 92 the Florida AfterSchool Network, the Florida Alliance of the 93 Boys and Girls Clubs, and a provider of a not-for-profit after 94 school program. 95 (e) One member appointed by the Governor as a consumer 96 representative whose child is attending or has attended an 97 after-school program provided by a not-for-profit organization. 98 (3) The advisory council shall submit a report to the 99 Governor, the President of the Senate, and the Speaker of the 100 House of Representatives by January 1, 2017. 101 Section 5. The Division of Law Revision and Information is 102 directed to replace the phrase “the effective date of this act” 103 wherever it occurs in this act with such date. 104 Section 6. This act shall take effect upon becoming a law. 105 106 ================= T I T L E A M E N D M E N T ================ 107 And the title is amended as follows: 108 Delete everything before the enacting clause 109 and insert: 110 A bill to be entitled 111 An act relating to after-school programs; amending s. 112 402.301, F.S.; deleting a legislative intent provision 113 regarding certain not-for-profit organizations and 114 background screening for such organizations; amending 115 s. 435.02, F.S.; revising the term “specified agency” 116 to include certain divisions within the Department of 117 Education; creating s. 1006.05, F.S.; providing 118 legislative findings; defining the term “not-for 119 profit organization or municipal government”; 120 providing applicability; authorizing such not-for 121 profit organizations or municipal governments to 122 continue certain licensures; requiring child care 123 personnel of the not-for-profit organizations or 124 municipal governments to meet certain background 125 screening requirements; creating an advisory council; 126 providing for membership of the advisory council; 127 requiring that the advisory council submit a report to 128 the Governor and the Legislature by a specified date; 129 providing a directive to the Division of Law Revision 130 and Information; providing an effective date.