Florida Senate - 2016 CS for SB 156 By the Committee on Community Affairs; and Senators Smith, Stargel, and Thompson 578-01768-16 2016156c1 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; amending 6 s. 435.02, F.S.; revising the term “specified agency” 7 to include certain divisions within the Department of 8 Education; creating s. 1006.05, F.S.; providing 9 legislative findings; defining the term “not-for 10 profit organization or municipal government”; 11 providing applicability; authorizing such not-for 12 profit organizations or municipal governments to 13 continue certain licensures; requiring child care 14 personnel of the not-for-profit organizations or 15 municipal governments to meet certain background 16 screening requirements; creating an advisory council; 17 providing for membership of the advisory council; 18 requiring that the advisory council submit a report to 19 the Governor and the Legislature by a specified date; 20 providing a directive to the Division of Law Revision 21 and Information; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Subsection (6) of section 402.301, Florida 26 Statutes, is amended to read: 27 402.301 Child care facilities; legislative intent and 28 declaration of purpose and policy.—It is the legislative intent 29 to protect the health, safety, and well-being of the children of 30 the state and to promote their emotional and intellectual 31 development and care. Toward that end: 32
(6) It is further the intent that membership organizations33 affiliated with national organizations which do not provide34 child care, whose primary purpose is providing activities that35 contribute to the development of good character or good36 sportsmanship or to the education or cultural development of37 minors in this state, which charge only a nominal annual38 membership fee, which are not for profit, and which are39 certified by their national associations as being in compliance40 with the association’s minimum standards and procedures shall41 not be considered child care facilities. However, all personnel42 as defined in s. 402.302 of such membership organizations shall43 meet background screening requirements through the department44 pursuant to ss. 402.305 and 402.3055.45 Section 2. Subsection (5) of section 435.02, Florida 46 Statutes, is amended to read: 47 435.02 Definitions.—For the purposes of this chapter, the 48 term: 49 (5) “Specified agency” means the Department of Health, the 50 Department of Children and Families, the Division of Vocational 51 Rehabilitation within the Department of Education and any 52 division within the Department of Education which conducts 53 background screenings for after-school programs operated by not 54 for-profit organizations or municipal governments, the Agency 55 for Health Care Administration, the Department of Elderly 56 Affairs, the Department of Juvenile Justice, the Agency for 57 Persons with Disabilities, and local licensing agencies approved 58 pursuant to s. 402.307, when these agencies are conducting state 59 and national criminal history background screening on persons 60 who work with children or persons who are elderly or disabled. 61 Section 3. Section 1006.05, Florida Statutes, is created to 62 read: 63 1006.05 After-school programs of not-for-profit 64 organizations and municipal governments.— 65 (1) The Legislature finds that not-for-profit organizations 66 and municipal governments that conduct after-school programs 67 contribute to improved learning and the academic success of the 68 children and youth who attend the organizations’ or municipal 69 governments’ programs. 70 (2) As used in this section, the term “not-for-profit 71 organization or municipal government” means a not-for-profit 72 organization or municipal government after school program that 73 meets all of the following criteria: 74 (a) Conducts school-based or facility-based after-school 75 programs only for children and youth ages 6 to 18. 76 (b) Provides assistance through such programs with 77 homework, delinquency prevention, life skills, and the 78 development of good character. 79 (c) Operates 5 days a week or more during the school year 80 and operates during school holidays and the summer months. 81 (d) Charges only a nominal fee or no fee. 82 (e) Meets the standards for quality set by the Not-for 83 Profit After School Program Standards Advisory Council if such 84 standards are adopted by the Legislature. 85 (3) Sections 402.305-402.319 do not apply to not-for-profit 86 organizations or municipal governments as defined in this 87 section. 88 (4) A not-for-profit organization or municipal government 89 providing an after-school program that is licensed pursuant to 90 s. 402.305 before the effective date of this act may continue to 91 be licensed under s. 402.305 by submitting a notification of its 92 election to the Department of Children and Families. 93 (5) All child care personnel, as defined in s. 402.302, of 94 a not-for-profit organization or municipal government must meet 95 the background screening requirements of ss. 435.04 and 435.12 96 through the Department of Education. 97 Section 4. Not-for-Profit After-School Program Standards 98 Advisory Council.— 99 (1) The Not-for-Profit After-School Program Standards 100 Advisory Council is created within the Department of Education 101 to recommend reasonable and affordable minimum health, 102 sanitation, and safety standards for after-school programs 103 provided by not-for-profit organizations or municipal 104 governments as defined in s. 1006.05, Florida Statutes. 105 (2) The advisory council must consist of the following: 106 (a) A member of the Senate appointed by the President of 107 the Senate. 108 (b) A member of the House of Representatives appointed by 109 the Speaker of the House of Representatives. 110 (c) The Commissioner of Education or his or her designee. 111 (d) Three members appointed by the Governor representing 112 the Florida AfterSchool Network, the Florida Alliance of the 113 Boys and Girls Clubs, and a provider of a not-for-profit after 114 school program. 115 (e) One member appointed by the Governor as a consumer 116 representative whose child is attending or has attended an 117 after-school program provided by a not-for-profit organization. 118 (3) The advisory council shall submit a report to the 119 Governor, the President of the Senate, and the Speaker of the 120 House of Representatives by January 1, 2017. 121 Section 5. The Division of Law Revision and Information is 122 directed to replace the phrase “the effective date of this act” 123 wherever it occurs in this act with such date. 124 Section 6. This act shall take effect upon becoming a law.