Senate Bill sb0336

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 336

    By Senator Wilson





    33-25-05

  1                      A bill to be entitled

  2         An act relating to family day care homes;

  3         creating s. 402.31302, F.S.; providing that a

  4         deed restriction, covenant, or similar binding

  5         agreement running with the land may not

  6         prohibit the use of a residential dwelling as a

  7         family day care home; providing an exception

  8         and a burden of proof; specifying certain

  9         accommodations and real property that are

10         exempt from the act; providing legislative

11         intent; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 402.31302, Florida Statutes, is

16  created to read:

17         402.31302  Family day care homes; deed restrictions.--

18         (1)  The operation of a family day care home, as

19  defined in s. 402.302 and licensed under s. 402.313, in a

20  residential dwelling constitutes a valid residential use for

21  the purpose of any deed restriction, covenant, or other

22  similar binding agreement running with the land. A deed

23  restriction, covenant, or similar binding agreement running

24  with the land may not be interpreted so that the operation of

25  a family day care home is considered a business, commercial

26  activity, or trade and does not prohibit the use of a

27  residential dwelling as a family day care home unless

28  prohibiting the use is necessary to preserve the health,

29  safety, and welfare of the other residents in the

30  neighborhood.

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                   SB 336
    33-25-05




 1         (2)  The burden of proof is on the party seeking to

 2  enforce the deed restriction to demonstrate, on a case-by-case

 3  basis, that the restriction is necessary to preserve the

 4  health, safety, and welfare of the residents of the

 5  neighborhood who were meant to benefit from the restriction.

 6         (3)  A condominium as defined in s. 718.103, timeshare

 7  property as defined in s. 721.05, or cooperative as defined in

 8  s. 719.103, is exempt from this section. A community as

 9  defined in s. 720.301, which includes in its declaration of

10  covenants a prohibition against children residing in the

11  community, is also exempt from this section.

12         (4)  The Legislature intends that families have

13  appropriate licensed family child care to protect the public

14  health, safety, and welfare of the children in this state.

15         (a)  The Legislature finds that:

16         1.  Family child care meets the transportation,

17  scheduling, financial, and emotional needs of many working

18  families by providing child care in an atmosphere most closely

19  resembling the parents' own homes.

20         2.  Family child care increases the availability of

21  care for mixed-age groups, including siblings in the same

22  program, offering children enhanced communication and learning

23  experiences.

24         (b)  The legislative intent in enacting this section is

25  to facilitate suitable care for young children by providing

26  that working parents have the option of child care in a

27  homelike, neighborhood setting, under ss. 166.0445, 402.26,

28  and 402.313.

29         (c)  The Legislature supports the establishment of

30  family day care homes by licensing the homes under s. 402.313

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                   SB 336
    33-25-05




 1  and providing funding for day care services through subsidized

 2  child care.

 3         (d)  The Legislature specifically exempts family day

 4  care homes from local zoning restrictions in residential areas

 5  under ss. 125.0109 and 166.0445.

 6         (e)  It is in the public interest and a valid public

 7  policy for this Legislature to eliminate the use of deed

 8  restrictions, covenants, or similar binding agreements as

 9  barriers to the establishment or continued operation of

10  licensed family day care homes.

11         Section 2.  This act shall take effect upon becoming a

12  law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Provides that a deed restriction, covenant, or similar
      binding agreement running with the land may not prohibit
17    the use of a residential dwelling as a family day care
      home. Provides certain exemptions. Provides legislative
18    intent.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.