Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1492
       
       
       
       
       
       
                                Ì465640ÂÎ465640                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2019           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Children, Families, and Elder Affairs (Book)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 37 - 51
    4  and insert:
    5         (9) “Government-sponsored recreation program” means an
    6  afterschool recreation program for school-age children which has
    7  organized, regularly scheduled activities, including educational
    8  or enrichment activities, and which meets all of the following
    9  requirements:
   10         (a) Offers not more than 4 hours of programming per day.
   11  However, the program may extend its hours in order to provide
   12  services before school and on teacher planning days, holidays,
   13  and intercessions that occur during the school district’s
   14  official calendar year.
   15         (b) Is operated by a county or a municipality that has
   16  adopted for the program by ordinance standards of care, which
   17  include, but are not limited to, meeting minimum staff-to
   18  children ratios in accordance with s. 402.305(4) and rules
   19  adopted by the department thereunder; ensuring that all
   20  personnel meet the requirements of ss. 402.302, 402.305, and
   21  402.3055; meeting minimum facility, health, and safety
   22  standards, including annual fire inspections conducted by the
   23  city or county Fire Marshal; ensuring annual health inspections
   24  are conducted by the Department of Health; conducting regular
   25  inspection, cleaning, repair, and maintenance of buildings,
   26  grounds, and equipment; ensuring at least one staff person
   27  trained in cardiopulmonary resuscitation is present at all times
   28  when children are present; setting standards related to the
   29  provision of food; training program employees regarding working
   30  with school-age children; engaging in activities designed to
   31  address the ages, interests, and abilities of participants;
   32  carrying out annual inspections of vehicles transporting
   33  children; enforcing regulations related to the number of
   34  children in vehicles in accordance with vehicle capacity and
   35  searching vehicles after use to ensure no children are left in
   36  the vehicle; ensuring custodial parents or guardians have
   37  reasonable access to children while the children are in care;
   38  developing age-appropriate policies relating to child discipline
   39  practices and making such policies available to parents or
   40  guardians at the time of registration.
   41         (c) Has been certified by the county or municipality as
   42  compliant with such standards of care and provides annual
   43  attestation to the department of compliance with such standards
   44  of care.
   45         (d) Provides notice to the parent or guardian of each child
   46  participating in the program that the program is not state
   47  licensed or advertised as a child care facility and provides
   48  them with the county’s or municipality’s standards of care.
   49         (e)Does not receive funding through the Child Care
   50  Development Block Grant of 2014, does not contract to provide a
   51  school readiness program pursuant to s. 1002.88, and does not
   52  have a Gold Seal Quality Care designation pursuant to s.
   53  402.281.
   54         Section 2. Subsections (1) and (3) of section 402.316,
   55  Florida Statutes, are amended to read:
   56         402.316 Exemptions.—
   57         (1) The provisions of ss. 402.301-402.319, except for the
   58  requirements regarding screening of child care personnel, do
   59  shall not apply to a government-sponsored recreation program or
   60  to a child care facility that which is an integral part of
   61  church or parochial schools conducting regularly scheduled
   62  classes, courses of study, or educational programs accredited
   63  by, or by a member of, an organization that which publishes and
   64  requires compliance with its standards for health, safety, and
   65  sanitation. However, such facilities shall meet minimum
   66  requirements of the applicable local governing body as to
   67  health, sanitation, and safety and shall meet the screening
   68  requirements pursuant to ss. 402.305 and 402.3055. Failure by a
   69  facility to comply with such screening requirements shall result
   70  in the loss of the facility’s exemption from licensure.
   71         (3) Any government-sponsored recreation program or child
   72  care facility covered by the exemption provisions of subsection
   73  (1) may waive the exemption, but desiring to be included in this
   74  act, is authorized to do so by submitting notification to the
   75  department. Once licensed, such a program or facility may not
   76  cannot withdraw from its waiver of the exemption, and except for
   77  the requirements regarding screening of child care personnel,
   78  must continue to comply with ss. 402.301-402.319, in order to
   79  continue in operation the act and continue to operate.
   80  
   81  ================= T I T L E  A M E N D M E N T ================
   82  And the title is amended as follows:
   83         Delete line 7
   84  and insert:
   85         program”; amending s. 402.316, F.S.; providing an
   86         exemption for government-sponsored recreation programs
   87         from specified child care facility requirements;
   88         providing that an otherwise exempt government
   89         sponsored recreation program may waive the exemption
   90         by notifying the department; providing that such a
   91         program may not withdraw its waiver of the exemption
   92         and continue to operate; amending ss. 39.201, 402.305,
   93         and 1002.82,
   94