Bill Text: FL S0250 | 2015 | Regular Session | Comm Sub


Bill Title: Membership Organizations

Spectrum:

Status: (Failed) 2015-05-01 - Died in Community Affairs, companion bill(s) passed, see CS/SB 7078 (Ch. 2015-79) [S0250 Detail]

Download: Florida-2015-S0250-Comm_Sub.html
       Florida Senate - 2015                              CS for SB 250
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Smith, Margolis, Hays, Stargel, Simpson, and Soto
       
       
       
       
       586-04180-15                                           2015250c1
    1                        A bill to be entitled                      
    2         An act relating to membership organizations; amending
    3         s. 402.301, F.S.; revising legislative intent and
    4         policy; requiring all personnel of membership
    5         organizations to meet specified background screening;
    6         amending s. 402.302, F.S.; adding certain membership
    7         organizations that are excluded from the definition of
    8         the term “child care facility”; requiring all
    9         personnel of membership organizations to meet
   10         specified background screening; amending s. 402.316,
   11         F.S.; providing that certain membership organizations
   12         are exempt from specified provisions; requiring all
   13         personnel of membership organizations to meet
   14         specified background screening; creating s. 402.3201,
   15         F.S.; providing legislative intent; creating a study
   16         group; providing for membership; requiring the study
   17         group to make recommendations and submit a report to
   18         the Governor and the Legislature by a certain date;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (6) of section 402.301, Florida
   24  Statutes, is amended to read:
   25         402.301 Child care facilities; legislative intent and
   26  declaration of purpose and policy.—It is the legislative intent
   27  to protect the health, safety, and well-being of the children of
   28  the state and to promote their emotional and intellectual
   29  development and care. Toward that end:
   30         (6) It is further the intent and policy of the Legislature
   31  that membership organizations affiliated with national
   32  organizations which serve only youth 6 to 18 years of age and
   33  which do not provide child care, whose primary purpose is the
   34  provision of after-school programs, delinquency prevention
   35  programs, and providing activities that contribute to the
   36  development of good character; which operate at least 5 days per
   37  week; which are facility-based or school-based; or good
   38  sportsmanship or to the education or cultural development of
   39  minors in this state, which charge only a nominal annual
   40  membership fee or no fee;, which are not for profit;, and which
   41  are certified by their national associations as being in
   42  compliance with the association’s minimum standards and
   43  procedures are shall not be considered child care facilities and
   44  therefore are not subject to the licensure requirements or the
   45  minimum standards for child care facilities, their personnel
   46  shall not be required to be screened. However, all child care
   47  personnel as defined in s. 402.302 of such membership
   48  organizations shall meet background screening requirements
   49  through the department pursuant to ss. 402.305 and 402.3055.
   50         Section 2. Subsection (2) of section 402.302, Florida
   51  Statutes, to read:
   52         402.302 Definitions.—As used in this chapter, the term:
   53         (2) “Child care facility” includes any child care center or
   54  child care arrangement which provides child care for more than
   55  five children unrelated to the operator and which receives a
   56  payment, fee, or grant for any of the children receiving care,
   57  wherever operated, and whether or not operated for profit. The
   58  following are not included:
   59         (a) Public schools and nonpublic schools and their integral
   60  programs, except as provided in s. 402.3025;
   61         (b) Summer camps having children in full-time residence;
   62         (c) Summer day camps;
   63         (d) Bible schools normally conducted during vacation
   64  periods; and
   65         (e) Operators of transient establishments, as defined in
   66  chapter 509, which provide child care services solely for the
   67  guests of their establishment or resort, provided that all child
   68  care personnel of the establishment are screened according to
   69  the level 2 screening requirements of chapter 435; and.
   70         (f) Membership organizations affiliated with national
   71  organizations which serve only youth 6 to 18 years of age and
   72  whose primary purpose is the provision of after-school programs,
   73  delinquency prevention programs, and activities that contribute
   74  to the development of good character; which operate at least 5
   75  days per week; which are facility-based or school-based; which
   76  charge only a nominal annual membership fee or no fee; which are
   77  not for profit; and which are certified by their national
   78  associations as being in compliance with the association’s
   79  minimum standards and procedures. However, all child care
   80  personnel as defined in s. 402.302 of such membership
   81  organizations shall meet background screening requirements
   82  through the department pursuant to ss. 402.305 and 402.3055.
   83         Section 3. Section 402.316, Florida Statutes, is amended to
   84  read:
   85         402.316 Exemptions.—
   86         (1) The provisions of ss. 402.301-402.319, except for the
   87  requirements regarding screening of child care personnel, do
   88  shall not apply to a child care facility which is an integral
   89  part of church or parochial schools conducting regularly
   90  scheduled classes, courses of study, or educational programs
   91  accredited by, or by a member of, an organization which
   92  publishes and requires compliance with its standards for health,
   93  safety, and sanitation. However, such facilities shall meet
   94  minimum requirements of the applicable local governing body as
   95  to health, sanitation, and safety and shall meet the screening
   96  requirements pursuant to ss. 402.305 and 402.3055. Failure by a
   97  facility to comply with such screening requirements shall result
   98  in the loss of the facility’s exemption from licensure.
   99         (2) The provisions of ss. 402.305-402.319, except for the
  100  requirements regarding background screening of personnel, do not
  101  apply to membership organizations affiliated with national
  102  organizations which serve youth 6 to 18 years of age and whose
  103  primary purpose is the provision of after-school programs,
  104  delinquency prevention programs, and activities that contribute
  105  to the development of good character; which operate at least 5
  106  days per week; which are facility-based or school-based; which
  107  charge only a nominal annual membership fee or no fee; which are
  108  not for profit; and which are certified by their national
  109  associations as being in compliance with the association’s
  110  minimum standards and procedures. However, all child care
  111  personnel as defined in s. 402.302 of such membership
  112  organizations shall meet background screening requirements
  113  through the department pursuant to ss. 402.305 and 402.3055.
  114         (3)(2) Any county or city with state or local child care
  115  licensing programs in existence on July 1, 1974, will continue
  116  to license the child care facilities as covered by such
  117  programs, notwithstanding the provisions of subsection (1),
  118  until and unless the licensing agency makes a determination to
  119  exempt them.
  120         (4)(3) Any child care facility covered by the exemption
  121  provisions of subsection (1), but desiring to be included in
  122  this act, is authorized to do so by submitting notification to
  123  the department. Once licensed, such facility cannot withdraw
  124  from the act and continue to operate.
  125         Section 4. Section 402.3201, Florida Statutes, is created
  126  to read:
  127         402.3201Not-for-Profit Standards Study Group.—
  128         (1) The Legislature recognizes that not-for-profit after
  129  school programs provide important and much needed programs and
  130  services to youth who are 6 to 18 years of age at little or no
  131  cost to the youth.
  132         (2) It is the intent of the Legislature to study the need
  133  for minimum standards related to the health, sanitation, and
  134  safety of youth who attend not-for-profit after-school programs.
  135         (3) The Legislature hereby establishes a Not-for-Profit
  136  Standards Study Group for the purpose of reviewing and making
  137  recommendations related to the establishment of minimum
  138  standards for not-for-profit after-school programs that are not
  139  required to be licensed.
  140         (4) The study group shall consist of 4 members who shall be
  141  appointed by the Governor. Membership must include a
  142  representative from the Florida Alliance of the Boys and Girls
  143  Clubs, a representative from the Florida Afterschool Network, a
  144  representative from the Florida After School Alliance, and a
  145  representative from a not-for-profit after-school program
  146  provider.
  147         (5) The study group shall make recommendations for
  148  establishing reasonable and affordable minimum standards for
  149  not-for-profit after-school programs that are not required to be
  150  licensed.
  151         (6) The study group shall submit a report to the Governor,
  152  the President of the Senate, and the Speaker of the House of
  153  Representatives by November 1, 2015.
  154         Section 5. This act shall take effect July 1, 2015.

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