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A bill to be entitled |
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An act relating to family day care homes; creating s. |
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402.31302, F.S.; providing that no deed restrictions, |
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covenants, or similar binding agreements running with the |
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land shall prohibit the use of a residential dwelling as a |
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family day care home; providing exceptions; providing for |
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a burden of proof; providing legislative intent; providing |
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an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 402.31302, Florida Statutes, is created |
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to read: |
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402.31302 Family day care homes; deed restrictions.--
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(1) No deed restrictions, covenants, or similar binding |
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agreements running with the land shall prohibit or have the |
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effect of prohibiting the use of a residential dwelling as a |
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family day care home as defined in s. 402.302, and licensed |
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under s. 402.313, unless prohibiting that use is necessary for |
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the preservation of the health, safety, and welfare of the other |
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residents in the neighborhood.
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(2) The burden of proof shall be on the party seeking to |
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enforce the deed restriction to demonstrate, on a case-by-case |
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basis, that the restriction is necessary for the preservation of |
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the health, safety, and welfare of the residents of the |
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neighborhood who were meant to benefit from the restriction.
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(3) Condominiums, as defined in s. 718.103, timeshare |
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property, as defined in s. 721.05, and cooperatives, as defined |
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in s. 719.103, are exempt from the provisions of this section.
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(4) The Legislature intends that families have |
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appropriate, licensed family child care to protect the public |
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health, safety, and welfare of Florida’s children.
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(a) The Legislature finds that:
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1. Family child care meets the transportation, scheduling, |
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financial, and emotional needs of many working families by |
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providing child care in an atmosphere most closely resembling |
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the parents’ own homes.
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2. Family child care increases the availability of care |
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for mixed age groups, including siblings in the same program, |
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offering children enhanced communication and learning |
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experiences.
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(b) The legislative intent in enacting this section is to |
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facilitate suitable care for young children by providing that |
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working parents have the option of child care in a homelike, |
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neighborhood setting, pursuant to ss. 166.0445, 402.26, and |
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402.313.
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(c) The Legislature supports the establishment of family |
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day care homes by licensing them pursuant to s. 402.313 and |
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providing funding for their services through subsidized child |
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care.
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(d) The Legislature specifically exempts family day care |
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homes from local zoning restrictions in residential areas |
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pursuant to ss. 125.0109 and 166.0445.
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(e) It is in the public interest and a valid public policy |
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for this Legislature to eliminate the use of deed restrictions, |
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covenants, or similar binding agreements as barriers to the |
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establishment or continued operation of licensed family day care |
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homes.
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Section 2. This act shall take effect upon becoming a law. |