Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 156
Ì975840/Î975840
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
12/01/2015 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Community Affairs (Hutson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (6) of section 402.301, Florida
6 Statutes, is amended to read:
7 402.301 Child care facilities; legislative intent and
8 declaration of purpose and policy.—It is the legislative intent
9 to protect the health, safety, and well-being of the children of
10 the state and to promote their emotional and intellectual
11 development and care. Toward that end:
12 (6) It is further the intent that membership organizations
13 affiliated with national organizations which do not provide
14 child care, whose primary purpose is providing activities that
15 contribute to the development of good character or good
16 sportsmanship or to the education or cultural development of
17 minors in this state, which charge only a nominal annual
18 membership fee, which are not for profit, and which are
19 certified by their national associations as being in compliance
20 with the association’s minimum standards and procedures shall
21 not be considered child care facilities. However, all personnel
22 as defined in s. 402.302 of such membership organizations shall
23 meet background screening requirements through the department
24 pursuant to ss. 402.305 and 402.3055.
25 Section 2. Subsection (5) of section 435.02, Florida
26 Statutes, is amended to read:
27 435.02 Definitions.—For the purposes of this chapter, the
28 term:
29 (5) “Specified agency” means the Department of Health, the
30 Department of Children and Families, the Division of Vocational
31 Rehabilitation within the Department of Education and any
32 division within the Department of Education which conducts
33 background screenings for after-school programs operated by not
34 for-profit organizations or municipal governments, the Agency
35 for Health Care Administration, the Department of Elderly
36 Affairs, the Department of Juvenile Justice, the Agency for
37 Persons with Disabilities, and local licensing agencies approved
38 pursuant to s. 402.307, when these agencies are conducting state
39 and national criminal history background screening on persons
40 who work with children or persons who are elderly or disabled.
41 Section 3. Section 1006.05, Florida Statutes, is created to
42 read:
43 1006.05 After-school programs of not-for-profit
44 organizations and municipal governments.—
45 (1) The Legislature finds that not-for-profit organizations
46 and municipal governments that conduct after-school programs
47 contribute to improved learning and the academic success of the
48 children and youth who attend the organizations’ or municipal
49 governments’ programs.
50 (2) As used in this section, the term “not-for-profit
51 organization or municipal government” means a not-for-profit
52 organization or municipal government after school program that
53 meets all of the following criteria:
54 (a) Conducts school-based or facility-based after-school
55 programs only for children and youth ages 6 to 18.
56 (b) Provides assistance through such programs with
57 homework, delinquency prevention, life skills, and the
58 development of good character.
59 (c) Operates 5 days a week or more during the school year
60 and operates during school holidays and the summer months.
61 (d) Charges only a nominal fee or no fee.
62 (e) Meets the standards for quality set by the Not-for
63 Profit After School Program Standards Advisory Council if such
64 standards are adopted by the Legislature.
65 (3) Sections 402.305-402.319 do not apply to not-for-profit
66 organizations or municipal governments as defined in this
67 section.
68 (4) A not-for-profit organization or municipal government
69 providing an after-school program that is licensed pursuant to
70 s. 402.305 before the effective date of this act may continue to
71 be licensed under s. 402.305 by submitting a notification of its
72 election to the Department of Children and Families.
73 (5) All child care personnel, as defined in s. 402.302, of
74 a not-for-profit organization or municipal government must meet
75 the background screening requirements of ss. 435.04 and 435.12
76 through the Department of Education.
77 Section 4. Not-for-Profit After-School Program Standards
78 Advisory Council.—
79 (1) The Not-for-Profit After-School Program Standards
80 Advisory Council is created within the Department of Education
81 to recommend reasonable and affordable minimum health,
82 sanitation, and safety standards for after-school programs
83 provided by not-for-profit organizations or municipal
84 governments as defined in s. 1006.05, Florida Statutes.
85 (2) The advisory council must consist of the following:
86 (a) A member of the Senate appointed by the President of
87 the Senate.
88 (b) A member of the House of Representatives appointed by
89 the Speaker of the House of Representatives.
90 (c) The Commissioner of Education or his or her designee.
91 (d) Three members appointed by the Governor representing
92 the Florida AfterSchool Network, the Florida Alliance of the
93 Boys and Girls Clubs, and a provider of a not-for-profit after
94 school program.
95 (e) One member appointed by the Governor as a consumer
96 representative whose child is attending or has attended an
97 after-school program provided by a not-for-profit organization.
98 (3) The advisory council shall submit a report to the
99 Governor, the President of the Senate, and the Speaker of the
100 House of Representatives by January 1, 2017.
101 Section 5. The Division of Law Revision and Information is
102 directed to replace the phrase “the effective date of this act”
103 wherever it occurs in this act with such date.
104 Section 6. This act shall take effect upon becoming a law.
105
106 ================= T I T L E A M E N D M E N T ================
107 And the title is amended as follows:
108 Delete everything before the enacting clause
109 and insert:
110 A bill to be entitled
111 An act relating to after-school programs; amending s.
112 402.301, F.S.; deleting a legislative intent provision
113 regarding certain not-for-profit organizations and
114 background screening for such organizations; amending
115 s. 435.02, F.S.; revising the term “specified agency”
116 to include certain divisions within the Department of
117 Education; creating s. 1006.05, F.S.; providing
118 legislative findings; defining the term “not-for
119 profit organization or municipal government”;
120 providing applicability; authorizing such not-for
121 profit organizations or municipal governments to
122 continue certain licensures; requiring child care
123 personnel of the not-for-profit organizations or
124 municipal governments to meet certain background
125 screening requirements; creating an advisory council;
126 providing for membership of the advisory council;
127 requiring that the advisory council submit a report to
128 the Governor and the Legislature by a specified date;
129 providing a directive to the Division of Law Revision
130 and Information; providing an effective date.