Bill Text: FL S0668 | 2020 | Regular Session | Comm Sub
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 CS for SB 668 By the Committees on Governmental Oversight and Accountability; and Children, Families, and Elder Affairs; and Senators Book and Torres 585-03003-20 2020668c2 1 A bill to be entitled 2 An act relating to recreation programs; amending s. 3 402.302, F.S.; revising the definition of the term 4 “child care facility” to exclude government-sponsored 5 recreation programs; defining terms; creating s. 6 402.3132, F.S.; providing that certain requirements 7 imposed on child care facilities do not apply to 8 summer day camps and summer 24-hour camps, with an 9 exception; requiring such camps to meet any minimum 10 local requirements imposed which relate to health, 11 sanitation, and safety and specified screening 12 requirements; authorizing the Department of Children 13 and Families or the local licensing agency, as 14 applicable, to commence certain actions and 15 proceedings for specified purposes; requiring summer 16 day camps and summer 24-hour camps to register with 17 the department and be included in a specified listing 18 in order to be recognized as complying; amending s. 19 775.21, F.S.; defining the term “government-sponsored 20 recreation program”; including government-sponsored 21 recreation programs in the notification and penalty 22 provisions of the Florida Sexual Predators Act; 23 amending s. 775.215, F.S.; defining the term 24 “government-sponsored recreation program”; prohibiting 25 persons convicted of certain sex offenses from 26 residing within a specified distance of government 27 sponsored recreation programs; providing an exception; 28 expanding penalty provisions to conform to changes 29 made by the act; amending s. 893.13, F.S.; prohibiting 30 persons from selling, manufacturing, or delivering a 31 controlled substance within a specified distance of 32 government-sponsored recreation programs; expanding 33 penalty provisions to conform to changes made by the 34 act; providing an exception; amending ss. 39.201, 35 402.305, and 1002.82, F.S.; conforming cross 36 references; providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Present subsections (9) through (17) and (18) of 41 section 402.302, Florida Statutes, are redesignated as 42 subsections (10) through (18) and (21), respectively, a new 43 subsection (9) and subsections (19) and (20) are added to that 44 section, and subsection (2) of that section is amended, to read: 45 402.302 Definitions.—As used in this chapter, the term: 46 (2) “Child care facility” includes any child care center or 47 child care arrangement thatwhichprovides child care for more 48 than five children unrelated to the operator and thatwhich49 receives a payment, fee, or grant for any of the children 50 receiving care, wherever operated, and whether or not operated 51 for profit. The following are not included: 52 (a) Public schools and nonpublic schools and their integral 53 programs, except as provided in s. 402.3025; 54 (b) Summer camps having children in full-time residence; 55 (c) Summer day camps; 56 (d) Bible schools normally conducted during vacation 57 periods;and58 (e) Operators of transient establishments, as defined in 59 chapter 509, which provide child care services solely for the 60 guests of their establishment or resort, provided that all child 61 care personnel of the establishment are screened according to 62 the level 2 screening requirements of chapter 435; and 63 (f) Government-sponsored recreation programs. 64 (9) “Government-sponsored recreation program” means an 65 afterschool recreation program for school-age children which has 66 organized, regularly scheduled activities, including educational 67 or enrichment activities, and which meets all of the following 68 requirements: 69 (a) Offers not more than 4 hours of programming per day. 70 However, the program may extend its hours in order to provide 71 services before school and on teacher planning days, holidays, 72 and intersessions that occur during the school district’s 73 official calendar year. 74 (b) Is operated by a county, a municipality, or a school 75 district that has adopted by ordinance or policy standards of 76 care for the program which include, but are not limited to: 77 1. Meeting minimum staff-to-children ratios in accordance 78 with s. 402.305(4) and rules adopted by the department 79 thereunder; 80 2. Ensuring that all personnel meet the requirements of 81 this section and ss. 402.305 and 402.3055; 82 3. Meeting minimum facility, health, and safety standards, 83 including annual fire inspections conducted by the city or 84 county fire marshal; 85 4. Ensuring annual health inspections are conducted by the 86 Department of Health; 87 5. Conducting regular inspection, cleaning, repair, and 88 maintenance of buildings, grounds, and equipment; 89 6. Ensuring that at least one staff person trained in 90 cardiopulmonary resuscitation is present at all times when 91 children are present; 92 7. Setting standards related to the provision of food; 93 8. Training program employees regarding working with 94 school-age children; 95 9. Engaging in activities designed to address the ages, 96 interests, and abilities of participants; 97 10. Carrying out annual inspections of vehicles that are 98 used to transport children; 99 11. Enforcing regulations related to the number of children 100 that may be transported in vehicles in accordance with vehicle 101 capacity and searching vehicles after use to ensure that no 102 children are left in the vehicle; 103 12. Ensuring that custodial parents or guardians have 104 reasonable access to children while the children are in care; 105 and 106 13. Developing age-appropriate policies relating to child 107 discipline practices and making such policies available to 108 parents or guardians at the time of registration. 109 (c) Has been certified by the county, municipality, or 110 school district as compliant with such standards of care and 111 provides annual attestation to the department of compliance with 112 such standards of care. 113 (d) Provides notice to the parent or guardian of each child 114 participating in the program that the program is not state 115 licensed or advertised as a child care facility and provides the 116 parent or guardian with the county’s, municipality’s, or school 117 district’s standards of care. 118 (e) Does not receive funding through the federal Child Care 119 and Development Block Grant Act of 2014, does not contract to 120 provide a school readiness program pursuant to s. 1002.88, and 121 does not have a Gold Seal Quality Care designation under s. 122 402.281. 123 (19) “Summer day camp” has the same meaning as provided in 124 s. 409.175. 125 (20) “Summer 24-hour camp” has the same meaning as provided 126 in s. 409.175. 127 Section 2. Section 402.3132, Florida Statutes, is created 128 to read: 129 402.3132 Summer day camps and summer 24-hour camps.— 130 (1) Except for the requirements regarding screening of 131 child care personnel, ss. 402.301-402.319 do not apply to a 132 summer day camp or summer 24-hour camp. However, a summer day 133 camp or summer 24-hour camp must meet any minimum requirements 134 imposed by a local governing body which are applicable to 135 health, sanitation, and safety and must meet the screening 136 requirements established under ss. 402.305 and 402.3055. A 137 summer day camp’s or a summer 24-hour camp’s failure to comply 138 with such screening requirements shall result in the loss of the 139 summer day camp’s or summer 24-hour camp’s ability to operate. 140 (2) The department or local licensing agency may commence 141 and maintain all proper and necessary actions and proceedings 142 for any of the following purposes: 143 (a) To protect the health, sanitation, safety, and well 144 being of all children under its care. 145 (b) To enforce its rules and regulations. 146 (c) To make application for injunction to the proper 147 circuit court. The judge of that court has jurisdiction, upon 148 hearing and for cause shown, to grant a temporary or permanent 149 injunction, or both, restraining any person or entity from 150 violating or continuing to violate any of the child care 151 personnel screening provisions of ss. 402.305-402.3055. 152 (d) To impose an administrative fine, not to exceed $100 153 per violation, per day, for each violation of the child care 154 personnel screening provisions under ss. 402.305-402.3055. 155 (3) All summer day camps or 24-hour summer camps shall 156 register with the department and must be included in the 157 department’s summer camp listing in order to be recognized as 158 meeting the provisions of this section. 159 Section 3. Present paragraphs (i) through (p) of subsection 160 (2) of section 775.21, Florida Statutes, are redesignated as 161 paragraphs (j) through (q), respectively, a new paragraph (i) is 162 added to that subsection, and paragraph (a) of subsection (7) 163 and paragraph (b) of subsection (10) of that section are 164 amended, to read: 165 775.21 The Florida Sexual Predators Act.— 166 (2) DEFINITIONS.—As used in this section, the term: 167 (i) “Government-sponsored recreation program” has the same 168 meaning as provided in s. 402.302. 169 (7) COMMUNITY AND PUBLIC NOTIFICATION.— 170 (a) Law enforcement agencies must inform members of the 171 community and the public of a sexual predator’s presence. Upon 172 notification of the presence of a sexual predator, the sheriff 173 of the county or the chief of police of the municipality where 174 the sexual predator establishes or maintains a permanent or 175 temporary residence shall notify members of the community and 176 the public of the presence of the sexual predator in a manner 177 deemed appropriate by the sheriff or the chief of police. Within 178 48 hours after receiving notification of the presence of a 179 sexual predator, the sheriff of the county or the chief of 180 police of the municipality where the sexual predator temporarily 181 or permanently resides shall notify each licensed child care 182 facility, government-sponsored recreation program, elementary 183 school, middle school, and high school within a 1-mile radius of 184 the temporary or permanent residence of the sexual predator of 185 the presence of the sexual predator. Information provided to 186 members of the community and the public regarding a sexual 187 predator must include: 188 1. The name of the sexual predator; 189 2. A description of the sexual predator, including a 190 photograph; 191 3. The sexual predator’s current permanent, temporary, and 192 transient addresses, and descriptions of registered locations 193 that have no specific street address, including the name of the 194 county or municipality if known; 195 4. The circumstances of the sexual predator’s offense or 196 offenses; and 197 5. Whether the victim of the sexual predator’s offense or 198 offenses was, at the time of the offense, a minor or an adult. 199 200 This paragraph does not authorize the release of the name of any 201 victim of the sexual predator. 202 (10) PENALTIES.— 203 (b) A sexual predator who has been convicted of or found to 204 have committed, or has pled nolo contendere or guilty to, 205 regardless of adjudication, any violation, or attempted 206 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where 207 the victim is a minor; s. 794.011, excluding s. 794.011(10); s. 208 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 209 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s. 210 985.701(1); or a violation of a similar law of another 211 jurisdiction when the victim of the offense was a minor, and who 212 works, whether for compensation or as a volunteer, at any 213 business, school, child care facility, government-sponsored 214 recreation program, park, playground, or other place where 215 children regularly congregate, commits a felony of the third 216 degree, punishable as provided in s. 775.082, s. 775.083, or s. 217 775.084. 218 Section 4. Present paragraphs (b), (c), and (d) of 219 subsection (1) of section 775.215, Florida Statutes, are 220 redesignated as paragraphs (c), (d), and (e), respectively, a 221 new paragraph (b) is added to that subsection, and paragraph (a) 222 of subsection (2) and paragraph (a) of subsection (3) of that 223 section are amended, to read: 224 775.215 Residency restriction for persons convicted of 225 certain sex offenses.— 226 (1) As used in this section, the term: 227 (b) “Government-sponsored recreation program” has the same 228 meaning as provided in s. 402.302. 229 (2)(a) A person who has been convicted of a violation of s. 230 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, 231 regardless of whether adjudication has been withheld, in which 232 the victim of the offense was less than 16 years of age, may not 233 reside within 1,000 feet of any school, child care facility, 234 government-sponsored recreation program, park, or playground. 235 However, a person does not violate this subsection and may not 236 be forced to relocate if he or she is living in a residence that 237 meets the requirements of this subsection and a school, child 238 care facility, government-sponsored recreation program, park, or 239 playground is subsequently established within 1,000 feet of his 240 or her residence. 241 (3)(a) A person who has been convicted of an offense in 242 another jurisdiction that is similar to a violation of s. 243 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, 244 regardless of whether adjudication has been withheld, in which 245 the victim of the offense was less than 16 years of age, may not 246 reside within 1,000 feet of any school, child care facility, 247 government-sponsored recreation program, park, or playground. 248 However, a person does not violate this subsection and may not 249 be forced to relocate if he or she is living in a residence that 250 meets the requirements of this subsection and a school, child 251 care facility, government-sponsored recreation program, park, or 252 playground is subsequently established within 1,000 feet of his 253 or her residence. 254 Section 5. Paragraph (c) of subsection (1) of section 255 893.13, Florida Statutes, is amended to read: 256 893.13 Prohibited acts; penalties.— 257 (1) 258 (c) Except as authorized by this chapter, a person may not 259 sell, manufacture, or deliver, or possess with intent to sell, 260 manufacture, or deliver, a controlled substance in, on, or 261 within 1,000 feet of the real property comprising a child care 262 facility or comprising a government-sponsored recreation 263 program, as those terms are defined in s. 402.302, or a public 264 or private elementary, middle, or secondary school between the 265 hours of 6 a.m. and 12 midnight, or at any time in, on, or 266 within 1,000 feet of real property comprising a state, county, 267 or municipal park, a community center, or a publicly owned 268 recreational facility. As used in this paragraph, the term 269 “community center” means a facility operated by a nonprofit 270 community-based organization for the provision of recreational, 271 social, or educational services to the public. A person who 272 violates this paragraph with respect to: 273 1. A controlled substance named or described in s. 274 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. 275 commits a felony of the first degree, punishable as provided in 276 s. 775.082, s. 775.083, or s. 775.084. The defendant must be 277 sentenced to a minimum term of imprisonment of 3 calendar years 278 unless the offense was committed within 1,000 feet of the real 279 property comprising a child care facility or comprising a 280 government-sponsored recreation program, as those terms are 281 defined in s. 402.302. 282 2. A controlled substance named or described in s. 283 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., 284 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of 285 the second degree, punishable as provided in s. 775.082, s. 286 775.083, or s. 775.084. 287 3. Any other controlled substance, except as lawfully sold, 288 manufactured, or delivered, must be sentenced to pay a $500 fine 289 and to serve 100 hours of public service in addition to any 290 other penalty prescribed by law. 291 292 This paragraph does not apply to a child care facility or a 293 government-sponsored recreation program as those terms are 294 defined in s. 402.302 unless the owner or operator of the 295 facility or program posts a sign that is not less than 2 square 296 feet in size with a word legend identifying the facility as a 297 licensed child care facility or a government-sponsored 298 recreation program and that is posted on the property of the 299 child care facility or on the property of the government 300 sponsored recreation program, as applicable, in a conspicuous 301 place where the sign is reasonably visible to the public. 302 Section 6. Subsection (6) of section 39.201, Florida 303 Statutes, is amended to read: 304 39.201 Mandatory reports of child abuse, abandonment, or 305 neglect; mandatory reports of death; central abuse hotline.— 306 (6) Information in the central abuse hotline may not be 307 used for employment screening, except as provided in s. 308 39.202(2)(a) and (h) or s. 402.302(16)s. 402.302(15). 309 Information in the central abuse hotline and the department’s 310 automated abuse information system may be used by the 311 department, its authorized agents or contract providers, the 312 Department of Health, or county agencies as part of the 313 licensure or registration process pursuant to ss. 402.301 314 402.319 and ss. 409.175-409.176. Pursuant to s. 39.202(2)(q), 315 the information in the central abuse hotline may also be used by 316 the Department of Education for purposes of educator 317 certification discipline and review. 318 Section 7. Paragraph (a) of subsection (2) of section 319 402.305, Florida Statutes, is amended to read: 320 402.305 Licensing standards; child care facilities.— 321 (2) PERSONNEL.—Minimum standards for child care personnel 322 shall include minimum requirements as to: 323 (a) Good moral character based upon screening as defined in 324 s. 402.302(16)s. 402.302(15). This screening shall be conducted 325 as provided in chapter 435, using the level 2 standards for 326 screening set forth in that chapter, and include employment 327 history checks,and a search of criminal history records, sexual 328 predator and sexual offender registries, and child abuse and 329 neglect registriesregistryof any state in which the current or 330 prospective child care personnel resided during the preceding 5 331 years. 332 Section 8. Paragraph (y) of subsection (2) of section 333 1002.82, Florida Statutes, is amended to read: 334 1002.82 Office of Early Learning; powers and duties.— 335 (2) The office shall: 336 (y) Establish staff-to-children ratios that do not exceed 337 the requirements of s. 402.302(8) or (12)s. 402.302(8) or (11)338 or s. 402.305(4), as applicable, for school readiness program 339 providers. 340 Section 9. This act shall take effect July 1, 2020.