Florida 2023 Regular Session

Florida House Bill H0447 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 447 2023
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to child care facilities exempt from 2
16	16	licensing; amending s. 402.316, F.S.; exempting a 3
17	17	child care facility licensed or certified by a branch 4
18	18	of the United States Department of Defense or the 5
19	19	United States Coast Guard from certain state licensing 6
20	20	requirements; requiring exempt facilities to meet 7
21	21	certain screening requirements; amending ss. 1002.55, 8
22	22	1002.82, and 1002.88, F.S.; conforming provisio ns to 9
23	23	changes made by the act; providing an effective date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
26	26	13
27	27	Section 1. Subsection (1) of section 402.316, Florida 14
28	28	Statutes, is amended to read: 15
29	29	402.316 Exemptions. — 16
30	30	(1) Sections The provisions of ss. 402.301-402.319, except 17
31	31	for the requirements regarding screening of child care 18
32	32	personnel, do shall not apply to a child care facility that: 19
33	33	which 20
34	34	(a) Is an integral part of church or parochial schools 21
35	35	conducting regularly scheduled classe s, courses of study, or 22
36	36	educational programs accredited by, or by a member of, an 23
37	37	organization that which publishes and requires compliance with 24
38	38	its standards for health, safety, and sanitation. However, Such 25
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40	40	HB 447 2023
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	facility must facilities shall meet minimum requirements of the 26
52	52	applicable local governing body as to health, sanitation, and 27
53	53	safety; or 28
54	54	(b) Is licensed or certified as a child care facility by a 29
55	55	branch of the United States Department of Defense or the United 30
56	56	States Coast Guard. 31
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58	58	To qualify for an exemption under this subsection, a facility 33
59	59	must, at a minimum, comply with and shall meet the screening 34
60	60	requirements under pursuant to ss. 402.305 and 402.3055 , or with 35
61	61	equivalent or more stringent screening requirements . Failure by 36
62	62	A facility loses its exemption from licensure if the facility 37
63	63	fails to comply with such screening requirements shall result in 38
64	64	the loss of the facility's exemption from licensure . 39
65	65	Section 2. Paragraph (a) of subsection (3) of section 40
66	66	1002.55, Florida Statutes, is amended to read: 41
67	67	1002.55 School-year prekindergarten program delivered by 42
68	68	private prekindergarten providers. — 43
69	69	(3) To be eligible to deliver the prekindergarten program, 44
70	70	a private prekindergarten provider must meet each of the 45
71	71	following requirements: 46
72	72	(a) The private prekindergarten provider must be a child 47
73	73	care facility licensed under s. 402.305, family day care home 48
74	74	licensed under s. 402.313, large family child care home licensed 49
75	75	under s. 402.3131, nonpublic school exempt from licensure under 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	s. 402.3025(2), faith-based child care provider exempt from 51
89	89	licensure under s. 402.316, child development program that is 52
90	90	accredited by a national accrediting body and operates on a 53
91	91	military installation that is certified by the United States 54
92	92	Department of Defense, or privat e prekindergarten provider that 55
93	93	has been issued a provisional license under s. 402.309. A 56
94	94	private prekindergarten provider may not deliver the program 57
95	95	while holding a probation -status license under s. 402.310. 58
96	96	Section 3. Paragraph (i) of subsection (2) of section 59
97	97	1002.82, Florida Statutes, is amended to read: 60
98	98	1002.82 Department of Education; powers and duties. — 61
99	99	(2) The department shall: 62
100	100	(i) Enter into a memorandum of understanding with local 63
101	101	licensing agencies and the Child Care Services Program Office of 64
102	102	the Department of Children and Families for inspections of 65
103	103	school readiness program providers to monitor and verify 66
104	104	compliance with s. 1002.88 and the health and safety checklist 67
105	105	adopted by the department. The provider contract of a school 68
106	106	readiness program provider that refuses permission for entry or 69
107	107	inspection shall be terminated. The health and safety checklist 70
108	108	may not exceed the requirements of s. 402.305 and the Child Care 71
109	109	and Development Fund pursuant to 45 C.F.R. part 98. A child care 72
110	110	provider exempt from licensure under s. 402.316(1)(b) or a child 73
111	111	development program that is accredited by a national accrediting 74
112	112	body and operates on a military installation that is certified 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	by the United States Department of Defense are is exempted from 76
126	126	the inspection requirements under s. 1002.88. 77
127	127	Section 4. Paragraph (a) of subsection (1) of section 78
128	128	1002.88, Florida Statutes, is amended to read: 79
129	129	1002.88 School readiness program provider standards ; 80
130	130	eligibility to deliver the school readiness program. — 81
131	131	(1) To be eligible to deliver the school readiness 82
132	132	program, a school readiness program provider must: 83
133	133	(a) Be a child care facility licensed under s. 402.305, a 84
134	134	family day care home licensed or reg istered under s. 402.313, a 85
135	135	large family child care home licensed under s. 402.3131, a 86
136	136	public school or nonpublic school exempt from licensure under s. 87
137	137	402.3025, a faith-based child care provider exempt from 88
138	138	licensure under s. 402.316, a before -school or after-school 89
139	139	program described in s. 402.305(1)(c), a child development 90
140	140	program that is accredited by a national accrediting body and 91
141	141	operates on a military installation that is certified by the 92
142	142	United States Department of Defense, an informal child care 93
143	143	provider to the extent authorized in the state's Child Care and 94
144	144	Development Fund Plan as approved by the United States 95
145	145	Department of Health and Human Services pursuant to 45 C.F.R. s. 96
146	146	98.18, or a provider who has been issued a provisional license 97
147	147	pursuant to s. 402.309. A provider may not deliver the program 98
148	148	while holding a probation -status license under s. 402.310. 99
149	149	Section 5. This act shall take effect July 1, 2023. 100