Florida Senate - 2020                                     SB 668
       By Senator Book
       32-00746A-20                                           2020668__
    1                        A bill to be entitled                      
    2         An act relating to government-sponsored recreation
    3         programs; amending s. 402.302, F.S.; revising the
    4         definition of the term “child care facility” to
    5         exclude government-sponsored recreation programs;
    6         defining the term “government-sponsored recreation
    7         program”; amending s. 402.316, F.S.; providing an
    8         exemption for government-sponsored recreation programs
    9         from specified child care facility requirements;
   10         providing that an otherwise exempt government
   11         sponsored recreation program may waive the exemption
   12         by notifying the Department of Children and Families;
   13         providing that such a program may not withdraw its
   14         waiver of the exemption and continue to operate;
   15         amending ss. 39.201, 402.305, and 1002.82,F.S.;
   16         conforming cross-references; providing an effective
   17         date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Present subsections (9) through (18) of section
   22  402.302, Florida Statutes, are redesignated as subsections (10)
   23  through (19), respectively, a new subsection (9) is added to
   24  that section, and subsection (2) of that section is amended, to
   25  read:
   26         402.302 Definitions.—As used in this chapter, the term:
   27         (2) “Child care facility” includes any child care center or
   28  child care arrangement that which provides child care for more
   29  than five children unrelated to the operator and which receives
   30  a payment, fee, or grant for any of the children receiving care,
   31  wherever operated, and whether or not operated for profit. The
   32  following are not included:
   33         (a) Public schools and nonpublic schools and their integral
   34  programs, except as provided in s. 402.3025;
   35         (b) Summer camps having children in full-time residence;
   36         (c) Summer day camps;
   37         (d) Bible schools normally conducted during vacation
   38  periods; and
   39         (e) Operators of transient establishments, as defined in
   40  chapter 509, which provide child care services solely for the
   41  guests of their establishment or resort, provided that all child
   42  care personnel of the establishment are screened according to
   43  the level 2 screening requirements of chapter 435; and
   44         (f) Government-sponsored recreation programs.
   45         (9) “Government-sponsored recreation program” means an
   46  afterschool recreation program for school-age children which has
   47  organized, regularly scheduled activities, including educational
   48  or enrichment activities, and which meets all of the following
   49  requirements:
   50         (a) Offers not more than 4 hours of programming per day.
   51  However, the program may extend its hours in order to provide
   52  services before school and on teacher planning days, holidays,
   53  and intercessions that occur during the school district’s
   54  official calendar year.
   55         (b) Is operated by a county or a municipality that has
   56  adopted for the program by ordinance standards of care that
   57  include, but are not limited to:
   58         1.Meeting minimum staff-to-children ratios in accordance
   59  with s. 402.305(4) and rules adopted by the department
   60  thereunder;
   61         2.Ensuring that all personnel meet the requirements of
   62  this section and ss. 402.305 and 402.3055;
   63         3.Meeting minimum facility, health, and safety standards,
   64  including annual fire inspections conducted by the city or
   65  county Fire Marshal;
   66         4.Ensuring annual health inspections are conducted by the
   67  Department of Health;
   68         5.Conducting regular inspection, cleaning, repair, and
   69  maintenance of buildings, grounds, and equipment;
   70         6.Ensuring at least one staff person trained in
   71  cardiopulmonary resuscitation is present at all times when
   72  children are present;
   73         7.Setting standards related to the provision of food;
   74         8.Training program employees regarding working with
   75  school-age children;
   76         9.Engaging in activities designed to address the ages,
   77  interests, and abilities of participants;
   78         10.Carrying out annual inspections of vehicles
   79  transporting children;
   80         11.Enforcing regulations related to the number of children
   81  in vehicles in accordance with vehicle capacity and searching
   82  vehicles after use to ensure no children are left in the
   83  vehicle;
   84         12.Ensuring custodial parents or guardians have reasonable
   85  access to children while the children are in care; and
   86         13.Developing age-appropriate policies relating to child
   87  discipline practices and making such policies available to
   88  parents or guardians at the time of registration.
   89         (c) Has been certified by the county or municipality as
   90  compliant with such standards of care and provides annual
   91  attestation to the department of compliance with such standards
   92  of care.
   93         (d) Provides notice to the parent or guardian of each child
   94  participating in the program that the program is not state
   95  licensed or advertised as a child care facility and provides the
   96  parent or guardian with the county’s or municipality’s standards
   97  of care.
   98         (e)Does not receive funding through the Child Care
   99  Development Block Grant of 2014, does not contract to provide a
  100  school readiness program pursuant to s. 1002.88, and does not
  101  have a Gold Seal Quality Care designation pursuant to s.
  102  402.281.
  103         Section 2. Subsections (1) and (3) of section 402.316,
  104  Florida Statutes, are amended to read:
  105         402.316 Exemptions.—
  106         (1) The provisions of ss. 402.301-402.319, except for the
  107  requirements regarding screening of child care personnel, do
  108  shall not apply to a government-sponsored recreation program or
  109  to a child care facility that which is an integral part of
  110  church or parochial schools conducting regularly scheduled
  111  classes, courses of study, or educational programs accredited
  112  by, or by a member of, an organization that which publishes and
  113  requires compliance with its standards for health, safety, and
  114  sanitation. However, such facilities shall meet minimum
  115  requirements of the applicable local governing body as to
  116  health, sanitation, and safety and shall meet the screening
  117  requirements pursuant to ss. 402.305 and 402.3055. Failure by a
  118  facility to comply with such screening requirements shall result
  119  in the loss of the facility’s exemption from licensure.
  120         (3) Any government-sponsored recreation program or child
  121  care facility covered by the exemption provisions of subsection
  122  (1) may waive the exemption, but desiring to be included in this
  123  act, is authorized to do so by submitting notification to the
  124  department. Once licensed, such a program or facility may not
  125  cannot withdraw from its waiver of the exemption and, except for
  126  the requirements regarding screening of child care personnel,
  127  must continue to comply with ss. 402.301-402.319 in order to
  128  continue operating the act and continue to operate.
  129         Section 3. Subsection (6) of section 39.201, Florida
  130  Statutes, is amended to read:
  131         39.201 Mandatory reports of child abuse, abandonment, or
  132  neglect; mandatory reports of death; central abuse hotline.—
  133         (6) Information in the central abuse hotline may not be
  134  used for employment screening, except as provided in s.
  135  39.202(2)(a) and (h) or s. 402.302(16) s. 402.302(15).
  136  Information in the central abuse hotline and the department’s
  137  automated abuse information system may be used by the
  138  department, its authorized agents or contract providers, the
  139  Department of Health, or county agencies as part of the
  140  licensure or registration process pursuant to ss. 402.301
  141  402.319 and ss. 409.175-409.176. Pursuant to s. 39.202(2)(q),
  142  the information in the central abuse hotline may also be used by
  143  the Department of Education for purposes of educator
  144  certification discipline and review.
  145         Section 4. Paragraph (a) of subsection (2) of section
  146  402.305, Florida Statutes, is amended to read:
  147         402.305 Licensing standards; child care facilities.—
  148         (2) PERSONNEL.—Minimum standards for child care personnel
  149  shall include minimum requirements as to:
  150         (a) Good moral character based upon screening as defined in
  151  s. 402.302(16) s. 402.302(15). This screening shall be conducted
  152  as provided in chapter 435, using the level 2 standards for
  153  screening set forth in that chapter, and include employment
  154  history checks, and a search of criminal history records, sexual
  155  predator and sexual offender registries, and child abuse and
  156  neglect registries registry of any state in which the current or
  157  prospective child care personnel resided during the preceding 5
  158  years.
  159         Section 5. Paragraph (y) of subsection (2) of section
  160  1002.82, Florida Statutes, is amended to read:
  161         1002.82 Office of Early Learning; powers and duties.—
  162         (2) The office shall:
  163         (y) Establish staff-to-children ratios that do not exceed
  164  the requirements of s. 402.302(8) or (12) s. 402.302(8) or (11)
  165  or s. 402.305(4), as applicable, for school readiness program
  166  providers.
  167         Section 6. This act shall take effect July 1, 2020.