Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 364
       
       
       
       
       
       
                                Barcode 699730                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2011           .                                
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       The Committee on Commerce and Tourism (Lynn) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 181 and 182
    4  insert:
    5         Section 2. Section 402.316, Florida Statutes, is amended to
    6  read:
    7         402.316 Exemptions.—
    8         (1) The provisions of ss. 402.301-402.319, except for the
    9  requirements regarding screening of child care personnel, do
   10  shall not apply to a child care facility that which is an
   11  integral part of church or parochial schools conducting
   12  regularly scheduled classes, courses of study, or educational
   13  programs accredited by, or by a member of, an organization that
   14  which publishes and requires compliance with its standards for
   15  health, safety, and sanitation. Such standards must meet or
   16  exceed the minimum health, safety, and sanitation standards as
   17  prescribed under chapter 65C-22, Florida Administrative Code.
   18  However, Such facilities shall meet minimum requirements of the
   19  applicable local governing body as to health, sanitation, and
   20  safety and shall meet the screening requirements pursuant to ss.
   21  402.305 and 402.3055. Failure by a facility to comply with the
   22  such screening requirements shall result in the loss of the
   23  facility’s exemption from licensure.
   24         (2) A child care facility covered by the religious
   25  exemption set forth in subsection (1) must display in a
   26  conspicuous location at the facility its certificate of
   27  compliance issued by the agency accrediting the child care
   28  facility for a religious exemption. The certificate must state
   29  that it is issued specifically for the purpose of providing the
   30  child care facility with a religious exemption from licensure.
   31         (3)(2) Any county or city with state or local child care
   32  licensing programs in existence on July 1, 1974, will continue
   33  to license the child care facilities as covered by such
   34  programs, notwithstanding the provisions of subsection (1),
   35  until and unless the licensing agency makes a determination to
   36  exempt them.
   37         (4)(3) Any child care facility covered by the exemption
   38  provisions of subsection (1), but desiring to be included in
   39  this act, is authorized to do so by submitting notification to
   40  the department. Once licensed, such facility cannot withdraw
   41  from the act and continue to operate.
   42         (5) A recognized accrediting agency for religious exemption
   43  may not own, operate, or administer a child care program that
   44  the agency accredits. This limitation applies to programs owned,
   45  operated, or administered by relatives of the accrediting agency
   46  who are within the fifth degree by blood or marriage.
   47         (6) This section does not authorize the department to
   48  regulate or control the governance, curriculum, academic
   49  curriculum, testing or assessments, evaluation procedures,
   50  academic requirements of the staff, disciplinary practices, or
   51  hiring practices of any child care program under this section.
   52  
   53  ================= T I T L E  A M E N D M E N T ================
   54         And the title is amended as follows:
   55         Delete line 9
   56  and insert:
   57         homes and large family child care homes; amending s.
   58         402.316, F.S.; requiring that the health, safety, and
   59         sanitation standards of an accrediting agency
   60         applicable to child care facilities that are exempt
   61         from licensure meet or exceed the minimum health,
   62         safety, and sanitation standards set forth by the
   63         Department of Children and Family Services; requiring
   64         a child care facility to prominently display a
   65         certificate indicating that the facility qualifies for
   66         a religious exemption from licensure; prohibiting an
   67         accrediting agency for religious exemption from
   68         owning, operating, or administering a child care
   69         program that it accredits, including a program owned
   70         by relatives; providing that application of the
   71         accrediting standards does not authorize the
   72         department to regulate or control the governance,
   73         curriculum, testing or assessments, evaluation
   74         procedures, academic requirements of the staff or the
   75         disciplinary or hiring practices of any child care
   76         program; amending s.