Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 156
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/01/2015           .                                

       The Committee on Community Affairs (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    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 organizations
   13  affiliated with national organizations which do not provide
   14  child care, whose primary purpose is providing activities that
   15  contribute to the development of good character or good
   16  sportsmanship or to the education or cultural development of
   17  minors in this state, which charge only a nominal annual
   18  membership fee, which are not for profit, and which are
   19  certified by their national associations as being in compliance
   20  with the association’s minimum standards and procedures shall
   21  not be considered child care facilities. However, all personnel
   22  as defined in s. 402.302 of such membership organizations shall
   23  meet background screening requirements through the department
   24  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         1006.05After-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.
  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.