Florida Senate - 2016 SB 536 By Senator Smith 31-00561-16 2016536__ 1 A bill to be entitled 2 An act relating to after-school child care programs; 3 amending s. 402.305, F.S.; requiring the Department of 4 Children and Families to create a tiered after-school 5 licensure program; requiring the department to adopt 6 rules to implement the tiered after-school program; 7 requiring the department to initiate rulemaking to 8 implement the program by a certain date; requiring the 9 department to submit a report to the Governor and 10 Legislature by a certain date; reenacting s. 11 1002.88(1)(a), F.S., relating to school readiness 12 program provider standards, to incorporate the 13 amendment made to s. 402.305, F.S., in a reference 14 thereto; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraph (c) of subsection (1) of section 19 402.305, Florida Statutes, is amended to read: 20 402.305 Licensing standards; child care facilities.— 21 (1) LICENSING STANDARDS.—The department shall establish 22 licensing standards that each licensed child care facility must 23 meet regardless of the origin or source of the fees used to 24 operate the facility or the type of children served by the 25 facility. 26 (c) The minimum standards for child care facilities shall 27 be adopted in the rules of the department and shall address the 28 areas delineated in this section. The department, in adopting 29 rules to establish minimum standards for child care facilities, 30 shall recognize that different age groups of children may 31 require different standards. The department may adopt different 32 minimum standards for facilities that serve children in 33 different age groups, including school-age children. The 34 department shall also adopt by rule a definition for child care 35 which distinguishes between child care programs that require 36 child care licensure and after-school programs that do not 37 require licensure. Notwithstanding any other
provision oflaw to 38 the contrary, minimum child care licensing standards shall be 39 developed to provide for reasonable, affordable, and safe 40 before-school and after-school care. The department shall 41 develop a tiered after-school child care licensure program that 42 applies licensing criteria based on the risk levels of the 43 activities offered in a program and the populations served by 44 that program. The department shall adopt rules to implement the 45 tiered after-school licensure program required by this 46 paragraph. After-school programs that otherwise meet the 47 criteria for exclusion from licensure may provide snacks and 48 meals through the federal Afterschool Meal Program (AMP) 49 administered by the Department of Health in accordance with 50 federal regulations and standards. The Department of Health 51 shall consider meals to be provided through the AMP only if the 52 program is actively participating in the AMP, is in good 53 standing with the department, and the meals meet AMP 54 requirements. Standards, at a minimum, shall allow for a 55 credentialed director to supervise multiple before-school and 56 after-school sites. 57 Section 2. The Department of Children and Families shall 58 initiate rulemaking to implement the tiered after-school child 59 care licensure program required by s. 402.305(1)(c), Florida 60 Statutes, by September 30, 2016. The department shall submit a 61 report, including a description of the licensure program and 62 implementation activities, any public comment received regarding 63 the development of the program, and any recommendations for 64 statutory changes, to the Governor, the President of the Senate, 65 and the Speaker of the House of Representatives by November 30, 66 2016. 67 Section 3. For the purpose of incorporating the amendment 68 made by this act to section 402.305, Florida Statutes, in a 69 reference thereto, paragraph (a) of subsection (1) of section 70 1002.88, Florida Statutes, is reenacted to read: 71 1002.88 School readiness program provider standards; 72 eligibility to deliver the school readiness program.— 73 (1) To be eligible to deliver the school readiness program, 74 a school readiness program provider must: 75 (a) Be a child care facility licensed under s. 402.305, a 76 family day care home licensed or registered under s. 402.313, a 77 large family child care home licensed under s. 402.3131, a 78 public school or nonpublic school exempt from licensure under s. 79 402.3025, a faith-based child care provider exempt from 80 licensure under s. 402.316, a before-school or after-school 81 program described in s. 402.305(1)(c), or an informal child care 82 provider to the extent authorized in the state’s Child Care and 83 Development Fund Plan as approved by the United States 84 Department of Health and Human Services pursuant to 45 C.F.R. s. 85 98.18. 86 Section 4. This act shall take effect July 1, 2016.