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3038 OPd)INANCE NO. 3038 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 16-12 OF THE SANFORD CITY CODE TO PROVIDE FOR AN EXCEPTION TO THE DAY NURSERY OR KINDERGARTEN LICENSE TAN; PROVIDING AN EXCEPTION FOR FAMILY DAY CARE HOMES; DEFINING "FAMILY DAY CANE HOMES"; ESTABLISHING LICENSE TAN AMOUNT FOR FAMILY DAY CARE HOMES; PROVIDING CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sanford, Florida, finds that many of the providers of family day care home services are single mothers, grandmothers and low-income families who are in need of the income received from providing this service to working parents; and WHEREAS, the City Commission of the City of Sanford, Florida, desires to carve out an exception from the day nursery or kindergarten license tax to create a lower license tax for family day care homes. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: Section 16-12, Day Nursery or Kindergarten, of the City of Sanford Code is hereby amended to read as follows: DAY NURSERY OR KINDERGARTEN ................. $37.50 Definition: An institution or place in which two (2) or more children not of common parentage are received for periods of not less than four (4) hours at any one time, for care apart from their parents, for compensation. Must be approved by the State of Florida Health and Rehabilitative Services. .~ Exception A--Family Day Care Homes .......... $ 5.00 "Family day care home" means an occupied residence in which child care is regularly provided for no more than five preschool children from more than one unrelated family and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. The maximum number of five preschool children includes preschool children living in the home and preschool children received for day care who are not related to the resident caregiver. Elementary school siblings of the preschool children received from day care may also be cared for outside of school hours provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed 10. SECTION 3: The Code of Ordinances of the City of Sanford, Florida, be and the same is hereby amended in accordance with the terms, provisions, and conditions of this Ordinance. Further, that the sections of this Ordinance may be tenumbered or relettered to accomplish said amendment and the word "ordinance" may be changes to "Section", "Article", or other appropriate word. SECTION 4: If any section or portion of a section of this ordinance provides to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 5: That all ordinances or parts of ordinances in conflict hereby be and the same are hereby revoked. SECTION 6: That this ordinance shall become effective inmediately upon its passage and adoption. A.D. 1990. ATTEST: City of Sanford, Florida ORDINANCE NO. 3038 --2-- CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3038, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 12th day of November, 1990, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 13th day of November, 1990. In witness whereof, I have hereunto set my hand and the official seal of the City of Sanfords_Florida, this 13th day of November, 1990.