Florida Senate - 2016                                     SB 156
       By Senator Smith
       31-00077A-16                                           2016156__
    1                        A bill to be entitled                      
    2         An act relating to after-school programs; amending s.
    3         402.301, F.S.; deleting a legislative intent provision
    4         regarding certain not-for-profit organizations and
    5         background screening for such organizations; creating
    6         s. 1006.05, F.S.; providing legislative findings;
    7         defining the term “not-for-profit organization”;
    8         requiring certain employees of not-for-profit
    9         organizations to meet certain background screening
   10         requirements; creating a study group; providing for
   11         membership of the study group; requiring that the
   12         study group make recommendations and submit a report
   13         to the Governor and the Legislature by a specified
   14         date; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Subsection (6) of section 402.301, Florida
   19  Statutes, is amended to read:
   20         402.301 Child care facilities; legislative intent and
   21  declaration of purpose and policy.—It is the legislative intent
   22  to protect the health, safety, and well-being of the children of
   23  the state and to promote their emotional and intellectual
   24  development and care. Toward that end:
   25         (6) It is further the intent that membership organizations
   26  affiliated with national organizations which do not provide
   27  child care, whose primary purpose is providing activities that
   28  contribute to the development of good character or good
   29  sportsmanship or to the education or cultural development of
   30  minors in this state, which charge only a nominal annual
   31  membership fee, which are not for profit, and which are
   32  certified by their national associations as being in compliance
   33  with the association’s minimum standards and procedures shall
   34  not be considered child care facilities. However, all personnel
   35  as defined in s. 402.302 of such membership organizations shall
   36  meet background screening requirements through the department
   37  pursuant to ss. 402.305 and 402.3055.
   38         Section 2. Section 1006.05, Florida Statutes, is created to
   39  read:
   40         1006.05After-school programs of not-for-profit
   41  organizations.—
   42         (1) The Legislature finds that not-for-profit organizations
   43  that conduct after-school programs contribute to improved
   44  learning and the academic success of the children and youth who
   45  attend the organization’s programs.
   46         (2) As used in this section, the term “not-for-profit
   47  organization” means a not-for-profit organization that meets all
   48  of the following criteria:
   49         (a) Conducts school-based or facility-based after-school
   50  programs only for children and youth ages 6 to 18.
   51         (b) Provides assistance through such programs with
   52  homework, delinquency prevention, life skills, and the
   53  development of good character.
   54         (c) Operates 5 days a week or more during the school year
   55  and operates during school holidays and the summer months.
   56         (d) Charges only a nominal fee or no fee.
   57         (e) Meets the standards for quality set by the Not-for
   58  Profit After School Program Standards Study Group if such
   59  standards are adopted by the Legislature.
   60         (3) Sections 402.305-402.319 do not apply to not-for-profit
   61  organizations as defined in this section.
   62         (4) An employee of a not-for-profit organization who works
   63  directly with children and youth participating in an after
   64  school program must meet the background screening requirements
   65  of ss. 435.04 and 435.12.
   66         Section 3. Not-for-Profit After School Program Standards
   67  Study Group.—
   68         (1) The Not-for-Profit After School Program Standards Study
   69  Group is created to recommend reasonable and affordable minimum
   70  health, sanitation, and safety standards for after-school
   71  programs provided by not-for-profit organizations as defined in
   72  s. 1006.05, Florida Statutes.
   73         (2) The study group consists of seven members and must
   74  include:
   75         (a) A member of the Senate appointed by the President of
   76  the Senate.
   77         (b) A member of the House of Representatives appointed by
   78  the Speaker of the House of Representatives.
   79         (c) The Commissioner of Education or his or her designee.
   80         (d) Three members appointed by the Governor representing
   81  the Florida AfterSchool Network, the Florida Alliance of the
   82  Boys and Girls Clubs, and a provider of a not-for-profit after
   83  school program, respectively.
   84         (e) One member appointed by the Governor as a consumer
   85  representative whose child is attending or has attended an
   86  after-school program provided by a not-for-profit organization.
   87         (3) The study group shall submit a report to the Governor,
   88  the President of the Senate, and the Speaker of the House of
   89  Representatives by January 1, 2017.
   90         Section 4. This act shall take effect upon becoming a law.