| 1 | A bill to be entitled |
| 2 | An act relating to family day care homes; creating s. |
| 3 | 402.31302, F.S.; providing that a deed restriction, |
| 4 | covenants, or similar binding agreement running with the |
| 5 | land may not prohibit the use of a residential dwelling as |
| 6 | a family day care home; providing exceptions and a burden |
| 7 | of proof; specifying certain accommodations and real |
| 8 | property that are exempt from the act; providing |
| 9 | legislative intent; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 402.31302, Florida Statutes, is created |
| 14 | to read: |
| 15 | 402.31302 Family day care homes; deed restrictions.-- |
| 16 | (1) The operation of a family day care home, as defined in |
| 17 | s. 402.302 and licensed under s. 402.313, in a residential |
| 18 | dwelling constitutes a valid residential use for the purpose of |
| 19 | any deed restriction, covenant, or other similar binding |
| 20 | agreement running with the land. A deed restriction, covenant, |
| 21 | or similar binding agreement running with the land may not be |
| 22 | interpreted so that the operation of a family day care home is |
| 23 | considered a business, commercial activity, or trade and does |
| 24 | not prohibit the use of a residential dwelling as a family day |
| 25 | care home unless prohibiting the use is necessary to preserve |
| 26 | the health, safety, and welfare of the other residents in the |
| 27 | neighborhood. |
| 28 | (2) The burden of proof is on the party seeking to enforce |
| 29 | the deed restriction to demonstrate, on a case-by-case basis, |
| 30 | that the restriction is necessary to preserve the health, |
| 31 | safety, and welfare of the residents of the neighborhood who |
| 32 | were meant to benefit from the restriction. |
| 33 | (3) A condominium as defined in s. 718.103, timeshare |
| 34 | property as defined in s. 721.05, or cooperative as defined in |
| 35 | s. 719.103 is exempt from this section. A community as defined |
| 36 | in s. 720.301, which includes in its declaration of covenants a |
| 37 | prohibition against children residing in the community, is also |
| 38 | exempt from this section. |
| 39 | (4) The Legislature intends that families have appropriate |
| 40 | licensed family child care to protect the public health, safety, |
| 41 | and welfare of the children in this state. |
| 42 | (a) The Legislature finds that: |
| 43 | 1. Family child care meets the transportation, scheduling, |
| 44 | financial, and emotional needs of many working families by |
| 45 | providing child care in an atmosphere most closely resembling |
| 46 | the parents' own homes. |
| 47 | 2. Family child care increases the availability of care |
| 48 | for mixed-age groups, including siblings in the same program, |
| 49 | offering children enhanced communication and learning |
| 50 | experiences. |
| 51 | (b) The legislative intent in enacting this section is to |
| 52 | facilitate suitable care for young children by providing that |
| 53 | working parents have the option of child care in a homelike, |
| 54 | neighborhood setting, under ss. 166.0445, 402.26, and 402.313. |
| 55 | (c) The Legislature supports the establishment of family |
| 56 | day care homes by licensing the homes under s. 402.313 and |
| 57 | providing funding for day care services through subsidized child |
| 58 | care. |
| 59 | (d) The Legislature specifically exempts family day care |
| 60 | homes from local zoning restrictions in residential areas under |
| 61 | ss. 125.0109 and 166.0445. |
| 62 | (e) It is in the public interest and a valid public policy |
| 63 | for this Legislature to eliminate the use of deed restrictions, |
| 64 | covenants, or similar binding agreements as barriers to the |
| 65 | establishment or continued operation of licensed family day care |
| 66 | homes. |
| 67 | Section 2. This act shall take effect upon becoming a law. |