Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for SB 7078
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .                                
             04/23/2015 10:56 AM       .                                

       Senator Sobel moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 452 and 453
    4  insert:
    5         Section 4. 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 and therefore, their
   22  personnel shall not be required to be screened. However, all
   23  personnel as defined in s. 402.302 of such membership
   24  organizations shall meet background screening requirements
   25  through the department pursuant to ss. 402.305 and 402.3055.
   26         Section 5. Subsection (3) of section 402.302, Florida
   27  Statutes, is amended to read:
   28         402.302 Definitions.—As used in this chapter, the term:
   29         (3) “Child care personnel” means all owners, operators,
   30  employees, and volunteers working in a child care facility. The
   31  term does not include persons who work in a child care facility
   32  after hours when children are not present or parents of children
   33  in a child care facility. For purposes of screening, the term
   34  includes any member, over the age of 12 years, of a child care
   35  facility operator’s family, or person, over the age of 12 years,
   36  residing with a child care facility operator if the child care
   37  facility is located in or adjacent to the home of the operator
   38  or if the family member of, or person residing with, the child
   39  care facility operator has any direct contact with the children
   40  in the facility during its hours of operation. Members of the
   41  operator’s family or persons residing with the operator who are
   42  between the ages of 12 years and 18 years are not required to be
   43  fingerprinted but must be screened for delinquency records. For
   44  purposes of screening, the term also includes persons who work
   45  in child care programs that provide care for children 15 hours
   46  or more each week in public or nonpublic schools, family day
   47  care homes, membership organizations under s. 402.301, or
   48  programs otherwise exempted under s. 402.316. The term does not
   49  include public or nonpublic school personnel who are providing
   50  care during regular school hours, or after hours for activities
   51  related to a school’s program for grades kindergarten through
   52  12. A volunteer who assists on an intermittent basis for less
   53  than 10 hours per month is not included in the term “personnel”
   54  for the purposes of screening and training if a person who meets
   55  the screening requirement of s. 402.305(2) is always present and
   56  has the volunteer in his or her line of sight. Students who
   57  observe and participate in a child care facility as a part of
   58  their required coursework are not considered child care
   59  personnel, provided such observation and participation are on an
   60  intermittent basis and a person who meets the screening
   61  requirement of s. 402.305(2) is always present and has the
   62  student in his or her line of sight.
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete line 29
   67  and insert: