Senate Bill sb0352c1
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Florida Senate - 2005 CS for SB 352
By the Committee on Commerce and Consumer Services; and
Senator Lynn
577-1640-05
1 A bill to be entitled
2 An act relating to religious-exempt child care
3 programs; providing a short title; amending s.
4 402.316, F.S.; providing for a child care
5 program affiliated with a religious
6 congregation or religious school to be exempt
7 from regulation by the Department of Children
8 and Family Services as a religious-exempt child
9 care program; requiring religious-exempt child
10 care programs to display a certificate of
11 compliance issued by an accrediting agency
12 recognized by the department; providing
13 requirements for accrediting agencies
14 recognized by the department; requiring a
15 recognized accrediting agency to conduct an
16 initial onsite review; providing timeframes
17 within which child care programs must meet the
18 requirements for training and credentials;
19 requiring recognized accrediting agencies for
20 religious exemption to submit standards to the
21 department; requiring the department to create
22 and maintain a list of recognized accrediting
23 agencies; providing that the act does not
24 authorize the department to regulate certain
25 specified elements of a religious-exempt child
26 care program; requiring that the department
27 notify recognized accrediting agencies of any
28 revision in standards; requiring that a
29 recognized accrediting agency submit an annual
30 report; providing timeframes within which an
31 exempt child care program must notify an
1
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Florida Senate - 2005 CS for SB 352
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1 accrediting agency of its transfer and
2 termination of accreditation; prohibiting a
3 recognized accrediting agency for religious
4 exemption from owning, operating, or
5 administering certain programs; requiring the
6 department to facilitate an annual meeting;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. This act may be cited as the "Zaniyah
12 Hinson Act."
13 Section 2. Section 402.316, Florida Statutes, is
14 amended to read:
15 (Substantial rewording of section. See
16 s. 402.316, F.S., for present text.)
17 402.316 Exemption for child care program or weekday
18 preschool program accredited by a recognized accrediting
19 agency for religious exemption.--
20 (1) A child care program or weekday preschool program
21 qualifies for the exemption provided in this section if the
22 program is an integral part of an established religious
23 congregation or religious school conducting regularly
24 scheduled classes, courses of study, or educational programs,
25 and is a member or participant of, or accredited by, a state,
26 regional, or national accrediting agency for religious
27 exemption which is recognized by the Department of Children
28 and Family Services. A child care program or weekday preschool
29 program that qualifies as a religious-exempt child care
30 program may choose to be exempt from the requirements for
31 child care licensing established in ss. 402.301-402.319 or may
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Florida Senate - 2005 CS for SB 352
577-1640-05
1 voluntarily be licensed under ss. 402.301-402.319. If a
2 religious-exempt child care program chooses to be exempt from
3 the requirements of ss. 402.301-402.319, the program must meet
4 the screening requirements in ss. 402.305 and 402.3055 and
5 must display its certificate of compliance issued by a
6 recognized accrediting agency for religious exemption in a
7 conspicuous location in the facility. Failure to post the
8 certificate of compliance in a conspicuous location will
9 result in an administrative action as determined by the
10 standards of the program's accrediting agency for religious
11 exemption.
12 (2) The department shall verify an accrediting agency
13 as a recognized accrediting agency for religious exemption if
14 the accrediting agency:
15 (a) Adopts minimum standards for operating a child
16 care program or weekday preschool program which meet or exceed
17 the department's minimum standards set forth in s. 402.305
18 (1)-(11), (13), (15), and (16);
19 (b) Publishes its minimum standards and requires a
20 child care program or weekday preschool program that is a
21 member or participant of, or accredited by, the agency to
22 comply with the accrediting agency's minimum standards;
23 (c) Requires a program that is a member or participant
24 of, or accredited by, the agency to meet the minimum
25 requirements of the local governing body with respect to
26 health, sanitation, and safety, including minimum requirements
27 for environmental health, firesafety, zoning, and building
28 codes, and provides that the applicable local governing body
29 shall have enforcement authority over such members or
30 participants with respect to their compliance with all such
31 minimum requirements;
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Florida Senate - 2005 CS for SB 352
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1 (d) Requires a program that is a member or participant
2 of, or accredited by, the agency to inform parents that the
3 program is exempt from state licensing requirements but meets
4 the standards of the program's accrediting agency, which meet
5 or exceed the department's minimum standards;
6 (e) Conducts an initial onsite review of each program
7 that is a member or participant of, or accredited by, the
8 agency. Each year thereafter, a notarized statement must be
9 submitted to the accrediting agency by each program verifying
10 compliance with applicable state laws and the accrediting
11 agency's published minimum standards; and
12 (f) Requires child care personnel employed by a
13 program that is a member or participant of, or accredited by,
14 the agency to comply with standards that meet or exceed the
15 standards set forth in s. 402.305(2)(d). A recognized
16 accrediting agency for religious exemption must require child
17 care personnel to begin a 40-clock-hour introductory course in
18 child care, approved by the department, by October 1, 2005, or
19 within 90 days after employment and complete the training
20 within 1 year after the date on which the training begins. In
21 addition, a recognized accrediting agency shall require a
22 program that is a member or participant of, or accredited by,
23 the agency to meet or exceed the requirements for staff
24 credentials set forth in s. 402.305(3) by July 1, 2009. The
25 department and accrediting agencies for religious exemption
26 shall work collaboratively to expedite the approval of
27 equivalency programs developed by the accrediting agencies.
28 (3) Each accrediting agency for religious exemption
29 that seeks recognition by the department under this section
30 must submit a copy of its published standards to the
31 department for review. These standards shall be reviewed by
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1 the department within 30 days after submission. The department
2 shall recognize an accrediting agency if the agency is in
3 compliance with subsection (2). The department shall create
4 and maintain a complete and accurate list of all recognized
5 accrediting agencies for religious exemption and specify the
6 agencies' standards.
7 (4) This section does not authorize the department to
8 regulate or control an accrediting agency for religious
9 exemption or to regulate or control the governance, religious
10 curriculum, academic curriculum, testing or assessments,
11 evaluation procedures, academic requirements of the staff,
12 discipline, or hiring practices of any religious-exempt child
13 care program.
14 (5) The department shall distribute to each recognized
15 accrediting agency for religious exemption any revision made
16 to the department's minimum standards within 30 days after the
17 revision is adopted. Within 30 days after the receipt of
18 revised minimum standards from the department, each recognized
19 accrediting agency for religious exemption shall notify the
20 department by written statement documenting that they have
21 notified each exempt program of the revised standards. The new
22 standards shall be incorporated during the next revision of
23 the accrediting agency's minimum standards. Each recognized
24 accrediting agency for religious exemption shall maintain and
25 submit to the department an annual report that includes an
26 updated listing of programs that are members or participants
27 of, or accredited by, that agency and submit a written notice
28 of a new program coming into affiliation thereafter, or
29 terminating affiliation, within 30 days after such action. A
30 religious-exempt child care program that transfers its
31 affiliation from one accrediting agency to another must notify
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1 the accrediting agency from which it is transferring 30 days
2 in advance of the transfer.
3 (6) A recognized accrediting agency for religious
4 exemption may not own, operate, or administer a child care
5 program or weekday preschool program under its certificate of
6 approval. A child care program or weekday preschool program
7 exempt from ss. 402.301-402.319 under this section is solely
8 responsible for its day-to-day operations and compliance with
9 applicable state laws and the minimum standards of its
10 accrediting agency for religious exemption.
11 (7) The department shall facilitate an annual meeting
12 with the accrediting agencies for religious exemption, health
13 and safety officials, and other interested child advocates to
14 exchange ideas for ensuring the health and safety of children
15 in child care and preschool programs.
16 Section 3. This act shall take effect July 1, 2005.
17
18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 Senate Bill 352
20
21 This Committee Substitute differs from Senate Bill 352 in the
following ways:
22
1. Replaces the word "parochial" with "religious" to clarify
23 that the bill applies to all religiously affiliated
childcare programs; and
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2. Clarifies that local governing bodies have the authority
25 to enforce all fire, safety, health, building and zoning
codes over religiously affiliated child care programs.
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