Florida 2020 Regular Session Status: In Committee

SB 668 — Recreation Programs

Last action — Died in Rules

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Recreation Programs; Revising the definition of the term “child care facility” to exclude government-sponsored recreation programs; providing that certain requirements imposed on child care facilities do not apply to summer day camps and summer 24-hour camps, with an exception; prohibiting persons convicted of certain sex offenses from residing within a specified distance of government-sponsored recreation programs, etc.

Bill Text

What changed in the latest version

136 added · 344 removed

136 line(s) added, 344 removed.

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Florida Senate - 2020 CS for CS for SB 668 By the Committees on Governmental Oversight and Accountability;
Florida Senate - 2020 CS for SB 668 By the Committee on Children, Families, and Elder Affairs;
and Children, Families, and Elder Affairs;
and Senator Book 586-02041-20 2020668c1 A bill to be entitled An act relating to government-sponsored recreation programs;
and Senators Book and Torres 585-03003-20 2020668c2 A bill to be entitled An act relating to recreation programs;
defining terms;
creating s.
402.3132, F.S.;
providing that certain requirements imposed on child care facilities do not apply to summer day camps and summer 24-hour camps, with an exception;
requiring such camps to meet any minimum local requirements imposed which relate to health, sanitation, and safety and specified screening requirements;
authorizing the Department of Children and Families or the local licensing agency, as applicable, to commence certain actions and proceedings for specified purposes;
requiring summer day camps and summer 24-hour camps to register with the department and be included in a specified listing in order to be recognized as complying;
amending s.
775.21, F.S.;
including government-sponsored recreation programs in the notification and penalty provisions of the Florida Sexual Predators Act;
amending s.
775.215, F.S.;
defining the term “government-sponsored recreation program”;
prohibiting persons convicted of certain sex offenses from residing within a specified distance of government sponsored recreation programs;
providing an exception;
expanding penalty provisions to conform to changes made by the act;
amending s.
893.13, F.S.;
prohibiting persons from selling, manufacturing, or delivering a controlled substance within a specified distance of government-sponsored recreation programs;
expanding penalty provisions to conform to changes made by the act;
providing an exception;
39.201, 402.305, and 1002.82, F.S.;
39.201, 402.305, and 1002.82,F.S.;
conforming cross references;
conforming cross-references;
38 Be It Enacted by the Legislature of the State of Florida:
11 Be It Enacted by the Legislature of the State of Florida:
40 Section 1. Present subsections (9) through (17) and (18) of section 402.302, Florida Statutes, are redesignated as subsections (10) through (18) and (21), respectively, a new subsection (9) and subsections (19) and (20) are added to that section, and subsection (2) of that section is amended, to read:
13 Section 1. Present subsections (9) through (18) of section 402.302, Florida Statutes, are redesignated as subsections (10) through (19), respectively, a new subsection (9) is added to that section, and subsection (2) of that section is amended, to read:
(2) “Child care facility” includes any child care center or child care arrangement that which provides child care for more than five children unrelated to the operator and that which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.
(2) “Child care facility” includes any child care center or child care arrangement that which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.
However, the program may extend its hours in order to provide services before school and on teacher planning days, holidays, and intersessions that occur during the school district’s official calendar year.
However, the program may extend its hours in order to provide services before school and on teacher planning days, holidays, and intercessions that occur during the school district’s official calendar year.
3. Meeting minimum facility, health, and safety standards, including annual fire inspections conducted by the city or county fire marshal;
3. Meeting minimum facility, health, and safety standards, including annual fire inspections conducted by the city or county Fire Marshal;
6. Ensuring that at least one staff person trained in cardiopulmonary resuscitation is present at all times when children are present;
6. Ensuring at least one staff person trained in cardiopulmonary resuscitation is present at all times when children are present;
10. Carrying out annual inspections of vehicles that are used to transport children;
10. Carrying out annual inspections of vehicles transporting children;
11. Enforcing regulations related to the number of children that may be transported in vehicles in accordance with vehicle capacity and searching vehicles after use to ensure that no children are left in the vehicle;
11. Enforcing regulations related to the number of children in vehicles in accordance with vehicle capacity and searching vehicles after use to ensure no children are left in the vehicle;
12. Ensuring that custodial parents or guardians have reasonable access to children while the children are in care;
12. Ensuring custodial parents or guardians have reasonable access to children while the children are in care;
(e) Does not receive funding through the federal Child Care and Development Block Grant Act of 2014, does not contract to provide a school readiness program pursuant to s.
(e) Does not receive funding through the Child Care Development Block Grant of 2014, does not contract to provide a school readiness program pursuant to s.
1002.88, and does not have a Gold Seal Quality Care designation under s.
1002.88, and does not have a Gold Seal Quality Care designation pursuant to s.
(19) “Summer day camp” has the same meaning as provided in s.
Section 2. Subsection (6) of section 39.201, Florida Statutes, is amended to read:
409.175.
(20) “Summer 24-hour camp” has the same meaning as provided in s.
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409.175.
Section 2. Section 402.3132, Florida Statutes, is created to read:
402.3132 Summer day camps and summer 24-hour camps.— (1) Except for the requirements regarding screening of child care personnel, ss.
402.301-402.319 do not apply to a summer day camp or summer 24-hour camp.
However, a summer day camp or summer 24-hour camp must meet any minimum requirements imposed by a local governing body which are applicable to health, sanitation, and safety and must meet the screening requirements established under ss.
402.305 and 402.3055.
A summer day camp’s or a summer 24-hour camp’s failure to comply with such screening requirements shall result in the loss of the summer day camp’s or summer 24-hour camp’s ability to operate.
(2) The department or local licensing agency may commence and maintain all proper and necessary actions and proceedings for any of the following purposes:
(a) To protect the health, sanitation, safety, and well being of all children under its care.
(b) To enforce its rules and regulations.
(c) To make application for injunction to the proper circuit court.
The judge of that court has jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining any person or entity from violating or continuing to violate any of the child care personnel screening provisions of ss.
402.305-402.3055.
(d) To impose an administrative fine, not to exceed $100 per violation, per day, for each violation of the child care personnel screening provisions under ss.
402.305-402.3055.
(3) All summer day camps or 24-hour summer camps shall register with the department and must be included in the department’s summer camp listing in order to be recognized as meeting the provisions of this section.
Section 3. Present paragraphs (i) through (p) of subsection (2) of section 775.21, Florida Statutes, are redesignated as paragraphs (j) through (q), respectively, a new paragraph (i) is added to that subsection, and paragraph (a) of subsection (7) and paragraph (b) of subsection (10) of that section are amended, to read:
775.21 The Florida Sexual Predators Act.— (2) DEFINITIONS.—As used in this section, the term:
(i) “Government-sponsored recreation program” has the same meaning as provided in s.
402.302.
(7) COMMUNITY AND PUBLIC NOTIFICATION.— (a) Law enforcement agencies must inform members of the community and the public of a sexual predator’s presence.
Upon notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator establishes or maintains a permanent or temporary residence shall notify members of the community and the public of the presence of the sexual predator in a manner deemed appropriate by the sheriff or the chief of police.
Within 48 hours after receiving notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator temporarily or permanently resides shall notify each licensed child care facility, government-sponsored recreation program, elementary school, middle school, and high school within a 1-mile radius of the temporary or permanent residence of the sexual predator of the presence of the sexual predator.
Information provided to members of the community and the public regarding a sexual predator must include:
1. The name of the sexual predator;
2. A description of the sexual predator, including a photograph;
3. The sexual predator’s current permanent, temporary, and transient addresses, and descriptions of registered locations that have no specific street address, including the name of the county or municipality if known;
4. The circumstances of the sexual predator’s offense or offenses;
and 5. Whether the victim of the sexual predator’s offense or offenses was, at the time of the offense, a minor or an adult.
200 This paragraph does not authorize the release of the name of any victim of the sexual predator.
(10) PENALTIES.— (b) A sexual predator who has been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation, or attempted violation, of s.
787.01, s.
787.02, or s.
787.025(2)(c), where the victim is a minor;
s.
794.011, excluding s.
794.011(10);
s.
794.05;
former s.
796.03;
former s.
796.035;
s.
800.04;
s.
827.071;
s.
847.0133;
s.
847.0135(5);
s.
847.0145;
or s.
985.701(1);
or a violation of a similar law of another jurisdiction when the victim of the offense was a minor, and who works, whether for compensation or as a volunteer, at any business, school, child care facility, government-sponsored recreation program, park, playground, or other place where children regularly congregate, commits a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
Section 4. Present paragraphs (b), (c), and (d) of subsection (1) of section 775.215, Florida Statutes, are redesignated as paragraphs (c), (d), and (e), respectively, a new paragraph (b) is added to that subsection, and paragraph (a) of subsection (2) and paragraph (a) of subsection (3) of that section are amended, to read:
775.215 Residency restriction for persons convicted of certain sex offenses.— (1) As used in this section, the term:
(b) “Government-sponsored recreation program” has the same meaning as provided in s.
402.302.
(2)(a) A person who has been convicted of a violation of s.
794.011, s.
800.04, s.
827.071, s.
847.0135(5), or s.
847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, government-sponsored recreation program, park, or playground.
However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, government-sponsored recreation program, park, or playground is subsequently established within 1,000 feet of his or her residence.
(3)(a) A person who has been convicted of an offense in another jurisdiction that is similar to a violation of s.
794.011, s.
800.04, s.
827.071, s.
847.0135(5), or s.
847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, government-sponsored recreation program, park, or playground.
However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, government-sponsored recreation program, park, or playground is subsequently established within 1,000 feet of his or her residence.
Section 5. Paragraph (c) of subsection (1) of section 893.13, Florida Statutes, is amended to read:
893.13 Prohibited acts;
penalties.— (1) (c) Except as authorized by this chapter, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility or comprising a government-sponsored recreation program, as those terms are defined in s.
402.302, or a public or private elementary, middle, or secondary school between the hours of 6 a.m.
and 12 midnight, or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility.
As used in this paragraph, the term “community center” means a facility operated by a nonprofit community-based organization for the provision of recreational, social, or educational services to the public.
A person who violates this paragraph with respect to:
1. A controlled substance named or described in s.
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
The defendant must be sentenced to a minimum term of imprisonment of 3 calendar years unless the offense was committed within 1,000 feet of the real property comprising a child care facility or comprising a government-sponsored recreation program, as those terms are defined in s.
402.302.
2. A controlled substance named or described in s.
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.
292 This paragraph does not apply to a child care facility or a government-sponsored recreation program as those terms are defined in s.
402.302 unless the owner or operator of the facility or program posts a sign that is not less than 2 square feet in size with a word legend identifying the facility as a licensed child care facility or a government-sponsored recreation program and that is posted on the property of the child care facility or on the property of the government sponsored recreation program, as applicable, in a conspicuous place where the sign is reasonably visible to the public.
Section 6. Subsection (6) of section 39.201, Florida Statutes, is amended to read:
Section 7. Paragraph (a) of subsection (2) of section 402.305, Florida Statutes, is amended to read:
Section 3. Paragraph (a) of subsection (2) of section 402.305, Florida Statutes, is amended to read:
Section 8. Paragraph (y) of subsection (2) of section 1002.82, Florida Statutes, is amended to read:
Section 4. Paragraph (y) of subsection (2) of section 1002.82, Florida Statutes, is amended to read:
Section 9. This act shall take effect July 1, 2020.
Section 5. This act shall take effect July 1, 2020.
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Action History

  1. Died in Rules

  2. Indefinitely postponed and withdrawn from consideration

  3. CS/CS by Governmental Oversight and Accountability read 1st time

  4. Now in Rules

  5. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  6. CS/CS by Governmental Oversight and Accountability; YEAS 5 NAYS 0

  7. On Committee agenda-- Governmental Oversight and Accountability, 02/03/20, 1:30 pm, 301 Senate Building

  8. CS by Children, Families, and Elder Affairs read 1st time

  9. Introduced

  10. Now in Governmental Oversight and Accountability

  11. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  12. CS by Children, Families, and Elder Affairs; YEAS 5 NAYS 0

  13. On Committee agenda-- Children, Families, and Elder Affairs, 12/10/19, 2:00 pm, 301 Senate Building

  14. Referred to Children, Families, and Elder Affairs; Governmental Oversight and Accountability; Rules

  15. Filed

Sponsors

  • Book · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Book

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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Frequently asked questions

What does SB 668 do?
Recreation Programs; Revising the definition of the term “child care facility” to exclude government-sponsored recreation programs; providing that certain requirements imposed on child care facilities do not apply to summer day camps and summer 24-hour camps, with an exception; prohibiting persons convicted of certain sex offenses from residing within a specified distance of government-sponsored recreation programs, etc.
Who sponsors SB 668?
SB 668 is sponsored by Book.
What is the current status of SB 668?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 668?
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