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. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 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 organizations26 affiliated with national organizations which do not provide27 child care, whose primary purpose is providing activities that28 contribute to the development of good character or good29 sportsmanship or to the education or cultural development of30 minors in this state, which charge only a nominal annual31 membership fee, which are not for profit, and which are32 certified by their national associations as being in compliance33 with the association’s minimum standards and procedures shall34 not be considered child care facilities. However, all personnel35 as defined in s. 402.302 of such membership organizations shall36 meet background screening requirements through the department37 pursuant to ss. 402.305 and 402.3055.38 Section 2. Section 1006.05, Florida Statutes, is created to 39 read: 40 1006.05 After-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.