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.
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13 Be It Enacted by the Legislature of the State of Florida:
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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.
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Florida Senate - 2005 SB 336
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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
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Florida Senate - 2005 SB 336
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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.
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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.
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CODING: Words stricken are deletions; words underlined are additions.