HB 0351 2004
1	A bill to be entitled
2	An act relating to family day care homes; creating s.
3	402.31302, F.S.; providing that no deed restrictions,
4	covenants, or similar binding agreements running with the
5	land shall prohibit the use of a residential dwelling as a
6	family day care home; providing exceptions; providing for
7	a burden of proof; providing legislative intent; providing
8	an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Section 402.31302, Florida Statutes, is created
13	to read:
14	402.31302 Family day care homes; deed restrictions.--
15	(1) No deed restrictions, covenants, or similar binding
16	agreements running with the land shall prohibit or have the
17	effect of prohibiting the use of a residential dwelling as a
18	family day care home as defined in s. 402.302, and licensed
19	under s. 402.313, unless prohibiting that use is necessary for
20	the preservation of the health, safety, and welfare of the other
21	residents in the neighborhood.
22	(2) The burden of proof shall be on the party seeking to
23	enforce the deed restriction to demonstrate, on a case-by-case
24	basis, that the restriction is necessary for the preservation of
25	the health, safety, and welfare of the residents of the
26	neighborhood who were meant to benefit from the restriction.
27	(3) Condominiums, as defined in s. 718.103, timeshare
28	property, as defined in s. 721.05, and cooperatives, as defined
29	in s. 719.103, are exempt from the provisions of this section.
30	(4) The Legislature intends that families have appropriate
31	licensed family child care to protect the public health, safety,
32	and welfare of Florida’s children.
33	(a) The Legislature finds that:
34	1. Family child care meets the transportation, scheduling,
35	financial, and emotional needs of many working families by
36	providing child care in an atmosphere most closely resembling
37	the parents’ own homes.
38	2. Family child care increases the availability of care
39	for mixed age groups, including siblings in the same program,
40	offering children enhanced communication and learning
41	experiences.
42	(b) The legislative intent in enacting this section is to
43	facilitate suitable care for young children by providing that
44	working parents have the option of child care in a homelike,
45	neighborhood setting, pursuant to ss. 166.0445, 402.26, and
46	402.313.
47	(c) The Legislature supports the establishment of family
48	day care homes by licensing them pursuant to s. 402.313 and
49	providing funding for their services through subsidized child
50	care.
51	(d) The Legislature specifically exempts family day care
52	homes from local zoning restrictions in residential areas
53	pursuant to ss. 125.0109 and 166.0445.
54	(e) It is in the public interest and a valid public policy
55	for this Legislature to eliminate the use of deed restrictions,
56	covenants, or similar binding agreements as barriers to the
57	establishment or continued operation of licensed family day care
58	homes.
59	Section 2. This act shall take effect upon becoming a law.