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A bill to be entitled

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An act relating to religious-exempt child care programs;

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amending s. 402.316, F.S.; providing that a child care

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program affiliated with a religious congregation or

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religious school is exempt from regulation by the

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Department of Children and Family Services as a religious-

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exempt child care program; requiring a religious-exempt

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child care program to display a certificate of compliance

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issued by an accrediting agency recognized by the

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department; providing requirements for accrediting

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agencies recognized by the department; requiring a

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recognized accrediting agency to conduct an initial onsite

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review; providing timeframes within which a child care

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program must meet the requirements for training and

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credentials; requiring recognized accrediting agencies for

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religious exemption to submit standards to the department;

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requiring the department to create and maintain a list of

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recognized accrediting agencies; providing that the act

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does not authorize the department to regulate certain

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specified elements of a religious-exempt child care

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program; requiring that the department notify recognized

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accrediting agencies of any revision in standards;

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requiring that a recognized accrediting agency submit an

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annual report; providing timeframes within which an exempt

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child care program must notify an accrediting agency of

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its transfer and termination of accreditation; prohibiting

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a recognized accrediting agency for religious exemption

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from owning, operating, or administering certain programs;

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requiring the department to facilitate an annual meeting;

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providing an effective date.

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

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     Section 1. This act may be cited as the "Zaniyah Hinson

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Act."

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     Section 2.  Section 402.316, Florida Statutes, is amended to

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read:

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     (Substantial rewording of section. See

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     s. 402.316, F.S., for present text.)

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     402.316 Exemption for child care program or weekday

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preschool program accredited by a recognized accrediting agency

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for religious exemption.--

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     (1) A child care program or weekday preschool program

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qualifies for the exemption provided in this section if the

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program is an integral part of an established religious

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congregation or religious school that conducts regularly

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scheduled classes, courses of study, or educational programs and

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is a member or participant of, or accredited by, a state,

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regional, or national accrediting agency for religious exemption

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which is recognized by the Department of Children and Family

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Services. A child care program or weekday preschool program that

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qualifies as a religious-exempt child care program may choose to

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be exempt from the requirements for child care licensing

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established in ss. 402.301-402.319 or may be licensed voluntarily

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under ss. 402.301-402.319. If a religious-exempt child care

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program chooses to be exempt from ss. 402.301-402.319, the

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program must meet the screening requirements in ss. 402.305 and

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402.3055 and must display in a conspicuous location in the

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facility its certificate of compliance issued by a recognized

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accrediting agency for religious exemption. A program that fails

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to post its certificate of compliance in a conspicuous location

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is subject to administrative action as determined by the

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standards of the program's accrediting agency for religious

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exemption.

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     (2) In any county in which there is a local licensing

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agency approved by the department, the local licensing agency may

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continue to recognize a county accrediting agency for religious

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exemption.

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     (3) The department shall verify an accrediting agency as a

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recognized accrediting agency for religious exemption if the

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accrediting agency:

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     (a) Adopts minimum standards for operating a child care

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program or weekday preschool program which meet or exceed the

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department's minimum standards set forth in s. 402.305 (1)-(11),

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(13), (15), and (16);

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     (b) Publishes its minimum standards and requires a child

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care program or weekday preschool program that is a member or

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participant of, or accredited by, the agency to comply with the

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accrediting agency's minimum standards;

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     (c) Requires a program that is a member or participant of,

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or accredited by, the agency to meet the minimum requirements of

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the local governing body with respect to health, sanitation, and

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safety, including minimum requirements for environmental health,

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firesafety, zoning, and building codes, and provides that the

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applicable local governing body has enforcement authority over

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such members or participants with respect to their compliance

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with all such minimum requirements;

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     (d) Requires a program that is a member or participant of,

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or accredited by, the agency to inform parents that the program

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is exempt from state licensing requirements but meets the

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standards of the program's accrediting agency, which meet or

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exceed the department's minimum standards;

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     (e) Conducts an initial onsite review of each program that

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is a member or participant of, or accredited by, the agency. Each

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year thereafter, each program must submit to the accrediting

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agency a notarized statement verifying compliance with applicable

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state laws and the accrediting agency's published minimum

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standards; and

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     (f) Requires child care personnel employed by a program

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that is a member or participant of, or accredited by, the agency

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to comply with standards that meet or exceed the standards set

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forth in s. 402.305(2)(d). A recognized accrediting agency for

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religious exemption must require child care personnel to begin a

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40-clock-hour introductory course in child care, approved by the

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department, by October 1, 2008, or within 90 days after

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employment, and to complete the training within 1 year after the

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date on which the training begins. In addition, a recognized

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accrediting agency shall require a program that is a member or

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participant of, or accredited by, the agency to meet or exceed

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the requirements for staff credentials set forth in s. 402.305(3)

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by July 1, 2012. The department and accrediting agencies for

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religious exemption shall work collaboratively to expedite the

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approval of equivalency programs developed by the accrediting

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agencies.

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     (4) Each accrediting agency for religious exemption seeking

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recognition by the department under this section must submit a

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copy of its published standards to the department for review. The

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department shall review these standards within 30 days after

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submission. The department shall recognize an accrediting agency

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if the agency is in compliance with subsection (3). The

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department shall create and maintain a complete and accurate list

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of all recognized accrediting agencies for religious exemption

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and specify the agencies' standards.

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     (5) This section does not authorize the department to

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regulate or control an accrediting agency for religious exemption

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or to regulate or control the governance, religious curriculum,

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academic curriculum, testing or assessments, evaluation

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procedures, academic requirements of the staff, discipline, or

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hiring practices of any religious-exempt child care program.

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     (6) The department shall distribute to each recognized

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accrediting agency for religious exemption any revision made to

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the department's minimum standards within 30 days after the

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revision is adopted. Within 30 days after the receipt of revised

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minimum standards from the department, each recognized

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accrediting agency for religious exemption shall notify the

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department by written statement documenting that the agency has

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notified each exempt program of the revised standards. The new

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standards must be incorporated during the next revision of the

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accrediting agency's minimum standards. Each recognized

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accrediting agency for religious exemption shall maintain and

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must submit to the department an annual report that includes an

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updated listing of programs that are members or participants of,

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or accredited by, that agency and must submit a written notice of

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a new program coming into affiliation thereafter, or terminating

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affiliation, within 30 days after such action. A religious-exempt

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child care program that transfers its affiliation from one

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accrediting agency to another must notify the accrediting agency

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from which it is transferring 30 days before the transfer.

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     (7) A recognized accrediting agency for religious exemption

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may not own, operate, or administer a child care program or

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weekday preschool program under its certificate of approval. A

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child care program or weekday preschool program that is exempt

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from ss. 402.301-402.319 under this section is solely responsible

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for its day-to-day operations and compliance with applicable

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state laws and the minimum standards of its accrediting agency

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for religious exemption.

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     (8) The department shall facilitate an annual meeting of

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the accrediting agencies for religious exemption, health and

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safety officials, and other interested child advocates in order

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to exchange ideas for ensuring the health and safety of children

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in child care and preschool programs.

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     Section 3.  This act shall take effect July 1, 2008.