Florida Senate - 2018                                    SB 1520
       By Senator Hutson
       7-01352-18                                            20181520__
    1                        A bill to be entitled                      
    2         An act relating to licensure of child care programs;
    3         amending s. 402.301, F.S.; requiring certain
    4         organizations offering child care through after-school
    5         programs to be licensed as child care facilities;
    6         amending s. 402.302, F.S.; defining the term “after
    7         school program”; amending s. 402.305, F.S.; conforming
    8         provisions to changes made by the act; amending ss.
    9         39.201, 402.317, 435.07, 1002.82, and 1002.88, F.S.;
   10         conforming cross-references; providing an effective
   11         date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (6) of section 402.301, Florida
   16  Statutes, is amended to read:
   17         402.301 Child care facilities; legislative intent and
   18  declaration of purpose and policy.—It is the legislative intent
   19  to protect the health, safety, and well-being of the children of
   20  the state and to promote their emotional and intellectual
   21  development and care. Toward that end:
   22         (6) It is further the intent that membership organizations
   23  affiliated with national organizations which do not provide
   24  child care, whose primary purpose is providing activities that
   25  contribute to the development of good character or good
   26  sportsmanship or to the education or cultural development of
   27  minors in this state, which charge only a nominal annual
   28  membership fee, which are not for profit, and which are
   29  certified by their national associations as being in compliance
   30  with the association’s minimum standards and procedures shall
   31  not be considered child care facilities. However, such
   32  membership organizations that provide child care, including, but
   33  not limited to, child care offered through an after-school
   34  program, must be licensed as a child care facility as required
   35  under this chapter. Notwithstanding licensure or registration
   36  status, all personnel as defined in s. 402.302 of such
   37  membership organizations shall meet background screening
   38  requirements through the department pursuant to ss. 402.305 and
   39  402.3055.
   40         Section 2. Subsections (1) through (18) of section 402.302,
   41  Florida Statutes, are redesignated as subsections (2) through
   42  (19), respectively, and a new subsection (1) is added to that
   43  section, to read:
   44         402.302 Definitions.—As used in this chapter, the term:
   45         (1)“After-school program” means a program that offers
   46  child care for school-age children during out-of-school times,
   47  including, but not limited to, before school or after school.
   48  The term does not include:
   49         (a)A program on a school site that is operated by the
   50  school or through a formal agreement between the school and a
   51  provider to serve children who attend that school.
   52         (b)A program that is solely instructional or tutorial.
   53         (c)An open-access program.
   54         (d)A program that provides child care exclusively for
   55  children in grades 6 through 12 and does not hold a Gold Seal
   56  Quality Care designation under s. 402.281.
   57         Section 3. Paragraph (c) of subsection (1) of section
   58  402.305, Florida Statutes, is amended to read:
   59         402.305 Licensing standards; child care facilities.—
   60         (1) LICENSING STANDARDS.—The department shall establish
   61  licensing standards that each licensed child care facility must
   62  meet regardless of the origin or source of the fees used to
   63  operate the facility or the type of children served by the
   64  facility.
   65         (c) The minimum standards for child care facilities shall
   66  be adopted in the rules of the department and shall address the
   67  areas delineated in this section.
   68         1. The department, in adopting rules to establish minimum
   69  standards for child care facilities, shall recognize that
   70  different age groups of children may require different
   71  standards. The department may adopt different minimum standards
   72  for facilities that serve children in different age groups,
   73  including school-age children. The department shall also adopt
   74  by rule a definition for child care which distinguishes between
   75  child care programs that require child care licensure and after
   76  school programs that do not require licensure.
   77         2. Notwithstanding any other provision of law to the
   78  contrary, minimum child care licensing standards shall be
   79  developed to provide for reasonable, affordable, and safe
   80  before-school and after-school care.
   81         3.After-school Programs that otherwise meet the criteria
   82  for exclusion from child care licensure as an after-school
   83  program may provide snacks and meals through the federal
   84  Afterschool Meal Program (AMP) administered by the Department of
   85  Health in accordance with federal regulations and standards. The
   86  Department of Health shall consider meals to be provided through
   87  the AMP only if the program is actively participating in the
   88  AMP, is in good standing with the department, and the meals meet
   89  AMP requirements.
   90         4. Standards, at a minimum, shall allow for a credentialed
   91  director to supervise multiple before-school and after-school
   92  program sites.
   93         Section 4. Subsection (6) of section 39.201, Florida
   94  Statutes, is amended to read:
   95         39.201 Mandatory reports of child abuse, abandonment, or
   96  neglect; mandatory reports of death; central abuse hotline.—
   97         (6) Information in the central abuse hotline may not be
   98  used for employment screening, except as provided in s.
   99  39.202(2)(a) and (h) or s. 402.302(16) s. 402.302(15).
  100  Information in the central abuse hotline and the department’s
  101  automated abuse information system may be used by the
  102  department, its authorized agents or contract providers, the
  103  Department of Health, or county agencies as part of the
  104  licensure or registration process pursuant to ss. 402.301
  105  402.319 and ss. 409.175-409.176. Pursuant to s. 39.202(2)(q),
  106  the information in the central abuse hotline may also be used by
  107  the Department of Education for purposes of educator
  108  certification discipline and review.
  109         Section 5. Section 402.317, Florida Statutes, is amended to
  110  read:
  111         402.317 Prolonged child care.—Notwithstanding the time
  112  restriction specified in s. 402.302(2) s. 402.302(1), child care
  113  may be provided for 24 hours or longer for a child whose parent
  114  or legal guardian works a shift of 24 hours or more. The
  115  requirement that a parent or legal guardian work a shift of 24
  116  hours or more must be certified in writing by the employer, and
  117  the written certification shall be maintained in the facility by
  118  the child care provider and made available to the licensing
  119  agency. The time that a child remains in child care, however,
  120  may not exceed 72 consecutive hours in any 7-day period. During
  121  a declared state of emergency, the child care licensing agency
  122  may temporarily waive the time limitations provided in this
  123  section.
  124         Section 6. Paragraph (c) of subsection (4) of section
  125  435.07, Florida Statutes, is amended to read:
  126         435.07 Exemptions from disqualification.—Unless otherwise
  127  provided by law, the provisions of this section apply to
  128  exemptions from disqualification for disqualifying offenses
  129  revealed pursuant to background screenings required under this
  130  chapter, regardless of whether those disqualifying offenses are
  131  listed in this chapter or other laws.
  132         (4)
  133         (c) Disqualification from employment under this chapter may
  134  not be removed from, and an exemption may not be granted to, any
  135  current or prospective child care personnel, as defined in s.
  136  402.302(4) s. 402.302(3), and such a person is disqualified from
  137  employment as child care personnel, regardless of any previous
  138  exemptions from disqualification, if the person has been
  139  registered as a sex offender as described in 42 U.S.C. s.
  140  9858f(c)(1)(C) or has been arrested for and is awaiting final
  141  disposition of, has been convicted or found guilty of, or
  142  entered a plea of guilty or nolo contendere to, regardless of
  143  adjudication, or has been adjudicated delinquent and the record
  144  has not been sealed or expunged for, any offense prohibited
  145  under any of the following provisions of state law or a similar
  146  law of another jurisdiction:
  147         1. A felony offense prohibited under any of the following
  148  statutes:
  149         a. Chapter 741, relating to domestic violence.
  150         b. Section 782.04, relating to murder.
  151         c. Section 782.07, relating to manslaughter, aggravated
  152  manslaughter of an elderly person or disabled adult, aggravated
  153  manslaughter of a child, or aggravated manslaughter of an
  154  officer, a firefighter, an emergency medical technician, or a
  155  paramedic.
  156         d. Section 784.021, relating to aggravated assault.
  157         e. Section 784.045, relating to aggravated battery.
  158         f. Section 787.01, relating to kidnapping.
  159         g. Section 787.025, relating to luring or enticing a child.
  160         h. Section 787.04(2), relating to leading, taking,
  161  enticing, or removing a minor beyond the state limits, or
  162  concealing the location of a minor, with criminal intent pending
  163  custody proceedings.
  164         i. Section 787.04(3), relating to leading, taking,
  165  enticing, or removing a minor beyond the state limits, or
  166  concealing the location of a minor, with criminal intent pending
  167  dependency proceedings or proceedings concerning alleged abuse
  168  or neglect of a minor.
  169         j. Section 794.011, relating to sexual battery.
  170         k. Former s. 794.041, relating to sexual activity with or
  171  solicitation of a child by a person in familial or custodial
  172  authority.
  173         l. Section 794.05, relating to unlawful sexual activity
  174  with certain minors.
  175         m. Section 794.08, relating to female genital mutilation.
  176         n. Section 806.01, relating to arson.
  177         o. Section 826.04, relating to incest.
  178         p. Section 827.03, relating to child abuse, aggravated
  179  child abuse, or neglect of a child.
  180         q. Section 827.04, relating to contributing to the
  181  delinquency or dependency of a child.
  182         r. Section 827.071, relating to sexual performance by a
  183  child.
  184         s. Chapter 847, relating to child pornography.
  185         t. Section 985.701, relating to sexual misconduct in
  186  juvenile justice programs.
  187         2. A misdemeanor offense prohibited under any of the
  188  following statutes:
  189         a. Section 784.03, relating to battery, if the victim of
  190  the offense was a minor.
  191         b. Section 787.025, relating to luring or enticing a child.
  192         c. Chapter 847, relating to child pornography.
  193         3. A criminal act committed in another state or under
  194  federal law which, if committed in this state, constitutes an
  195  offense prohibited under any statute listed in subparagraph 1.
  196  or subparagraph 2.
  197         Section 7. Paragraph (w) of subsection (2) of section
  198  1002.82, Florida Statutes, is amended to read:
  199         1002.82 Office of Early Learning; powers and duties.—
  200         (2) The office shall:
  201         (w) Establish staff-to-children ratios that do not exceed
  202  the requirements of s. 402.302(9) or (12) s. 402.302(8) or (11)
  203  or s. 402.305(4), as applicable, for school readiness program
  204  providers.
  205         Section 8. Paragraph (e) of subsection (1) of section
  206  1002.88, Florida Statutes, is amended to read:
  207         1002.88 School readiness program provider standards;
  208  eligibility to deliver the school readiness program.—
  209         (1) To be eligible to deliver the school readiness program,
  210  a school readiness program provider must:
  211         (e) Employ child care personnel, as defined in s.
  212  402.302(4) s. 402.302(3), who have satisfied the screening
  213  requirements of chapter 402 and fulfilled the training
  214  requirements of the office.
  215         Section 9. This act shall take effect July 1, 2018.