Bill Text: FL S0668 | 2020 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Recreation Programs
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Rules [S0668 Detail]
Download: Florida-2020-S0668-Comm_Sub.html
Bill Title: Recreation Programs
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Rules [S0668 Detail]
Download: Florida-2020-S0668-Comm_Sub.html
Florida Senate - 2020 CS for SB 668 By the Committee on Children, Families, and Elder Affairs; and Senator Book 586-02041-20 2020668c1 1 A bill to be entitled 2 An act relating to government-sponsored recreation 3 programs; amending s. 402.302, F.S.; revising the 4 definition of the term “child care facility” to 5 exclude government-sponsored recreation programs; 6 defining the term “government-sponsored recreation 7 program”; amending ss. 39.201, 402.305, and 8 1002.82,F.S.; conforming cross-references; providing 9 an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Present subsections (9) through (18) of section 14 402.302, Florida Statutes, are redesignated as subsections (10) 15 through (19), respectively, a new subsection (9) is added to 16 that section, and subsection (2) of that section is amended, to 17 read: 18 402.302 Definitions.—As used in this chapter, the term: 19 (2) “Child care facility” includes any child care center or 20 child care arrangement thatwhichprovides child care for more 21 than five children unrelated to the operator and which receives 22 a payment, fee, or grant for any of the children receiving care, 23 wherever operated, and whether or not operated for profit. The 24 following are not included: 25 (a) Public schools and nonpublic schools and their integral 26 programs, except as provided in s. 402.3025; 27 (b) Summer camps having children in full-time residence; 28 (c) Summer day camps; 29 (d) Bible schools normally conducted during vacation 30 periods;and31 (e) Operators of transient establishments, as defined in 32 chapter 509, which provide child care services solely for the 33 guests of their establishment or resort, provided that all child 34 care personnel of the establishment are screened according to 35 the level 2 screening requirements of chapter 435; and 36 (f) Government-sponsored recreation programs. 37 (9) “Government-sponsored recreation program” means an 38 afterschool recreation program for school-age children which has 39 organized, regularly scheduled activities, including educational 40 or enrichment activities, and which meets all of the following 41 requirements: 42 (a) Offers not more than 4 hours of programming per day. 43 However, the program may extend its hours in order to provide 44 services before school and on teacher planning days, holidays, 45 and intercessions that occur during the school district’s 46 official calendar year. 47 (b) Is operated by a county, a municipality, or a school 48 district that has adopted by ordinance or policy standards of 49 care for the program which include, but are not limited to: 50 1. Meeting minimum staff-to-children ratios in accordance 51 with s. 402.305(4) and rules adopted by the department 52 thereunder; 53 2. Ensuring that all personnel meet the requirements of 54 this section and ss. 402.305 and 402.3055; 55 3. Meeting minimum facility, health, and safety standards, 56 including annual fire inspections conducted by the city or 57 county Fire Marshal; 58 4. Ensuring annual health inspections are conducted by the 59 Department of Health; 60 5. Conducting regular inspection, cleaning, repair, and 61 maintenance of buildings, grounds, and equipment; 62 6. Ensuring at least one staff person trained in 63 cardiopulmonary resuscitation is present at all times when 64 children are present; 65 7. Setting standards related to the provision of food; 66 8. Training program employees regarding working with 67 school-age children; 68 9. Engaging in activities designed to address the ages, 69 interests, and abilities of participants; 70 10. Carrying out annual inspections of vehicles 71 transporting children; 72 11. Enforcing regulations related to the number of children 73 in vehicles in accordance with vehicle capacity and searching 74 vehicles after use to ensure no children are left in the 75 vehicle; 76 12. Ensuring custodial parents or guardians have reasonable 77 access to children while the children are in care; and 78 13. Developing age-appropriate policies relating to child 79 discipline practices and making such policies available to 80 parents or guardians at the time of registration. 81 (c) Has been certified by the county, municipality, or 82 school district as compliant with such standards of care and 83 provides annual attestation to the department of compliance with 84 such standards of care. 85 (d) Provides notice to the parent or guardian of each child 86 participating in the program that the program is not state 87 licensed or advertised as a child care facility and provides the 88 parent or guardian with the county’s, municipality’s, or school 89 district’s standards of care. 90 (e) Does not receive funding through the Child Care 91 Development Block Grant of 2014, does not contract to provide a 92 school readiness program pursuant to s. 1002.88, and does not 93 have a Gold Seal Quality Care designation pursuant to s. 94 402.281. 95 Section 2. Subsection (6) of section 39.201, Florida 96 Statutes, is amended to read: 97 39.201 Mandatory reports of child abuse, abandonment, or 98 neglect; mandatory reports of death; central abuse hotline.— 99 (6) Information in the central abuse hotline may not be 100 used for employment screening, except as provided in s. 101 39.202(2)(a) and (h) or s. 402.302(16)s. 402.302(15). 102 Information in the central abuse hotline and the department’s 103 automated abuse information system may be used by the 104 department, its authorized agents or contract providers, the 105 Department of Health, or county agencies as part of the 106 licensure or registration process pursuant to ss. 402.301 107 402.319 and ss. 409.175-409.176. Pursuant to s. 39.202(2)(q), 108 the information in the central abuse hotline may also be used by 109 the Department of Education for purposes of educator 110 certification discipline and review. 111 Section 3. Paragraph (a) of subsection (2) of section 112 402.305, Florida Statutes, is amended to read: 113 402.305 Licensing standards; child care facilities.— 114 (2) PERSONNEL.—Minimum standards for child care personnel 115 shall include minimum requirements as to: 116 (a) Good moral character based upon screening as defined in 117 s. 402.302(16)s. 402.302(15). This screening shall be conducted 118 as provided in chapter 435, using the level 2 standards for 119 screening set forth in that chapter, and include employment 120 history checks,and a search of criminal history records, sexual 121 predator and sexual offender registries, and child abuse and 122 neglect registriesregistryof any state in which the current or 123 prospective child care personnel resided during the preceding 5 124 years. 125 Section 4. Paragraph (y) of subsection (2) of section 126 1002.82, Florida Statutes, is amended to read: 127 1002.82 Office of Early Learning; powers and duties.— 128 (2) The office shall: 129 (y) Establish staff-to-children ratios that do not exceed 130 the requirements of s. 402.302(8) or (12)s. 402.302(8) or (11)131 or s. 402.305(4), as applicable, for school readiness program 132 providers. 133 Section 5. This act shall take effect July 1, 2020.