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.
   16  Be It Enacted by the Legislature of the State of Florida:
   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 of law 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.