CS/CS/HB 1155 2023
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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
A bill to be entitled 1
An act relating to provisional child care licensing; 2
amending s. 402.309, F.S.; requiring a local licensing 3
agency or the Department of Children and Families to 4
issue a provisional license or registration for a 5
family day care home under certain circumstances; 6
providing an effective date. 7
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Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Subsections (3), (4), and (5) of section 11
402.309, Florida Statutes, are renumbered as subsections (4), 12
(5), and (6), respectively, subsection (2) is amended, and a new 13
subsection (3) is added to that section, to read: 14
402.309 Provisional license or registration. — 15
(2) A provisional license or registr ation may not be 16
issued unless the operator or owner makes adequate provisions 17
for the health and safety of the child and has timely submitted . 18
A provisional license may be issued for a child care facility if 19
all of the screening materials have been timely submitted. A 20
provisional license or registration may not be issued unless the 21
child care facility, family day care home, or large family child 22
care home is in compliance with the requirements for screening 23
of child care personnel in ss. 402.305, 402.3055, 402.313, and 24
402.3131, respectively. 25
CS/CS/HB 1155 2023
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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
(3) Notwithstanding subsection (2), a local licensing 26
agency or the department, as applicable, must issue a 27
provisional license or registration within 30 calendar days 28
after receiving a complete application, with the exception of 29
the applicant's background screening results, for licensure or 30
registration, as appropriate, to operate a child care facility, 31
family day care home, or a large family child care home if the 32
operator or owner: 33
(a) Is applying for an initial license or registration for 34
a child care facility, a family day care home, or a large family 35
child care home. 36
(b) Has made adequate provisions for the health and safety 37
of the child. 38
(c)1. Has a valid certificate issued by the United States 39
Department of Defense to provide child care; or 40
2. Provides evidence that he or she has, within the 41
previous 12 months: 42
a. Completed training pursuant to United States Department 43
of Defense Instruction 6060.02 and background screening by the 44
United States Departm ent of Defense pursuant to 34 U.S.C. s. 45
20351 and 32 C.F.R. part 86 and received a favorable suitability 46
determination; or 47
b. Possessed a valid license, certificate, or similar 48
authorization to provide child care in another jurisdiction of 49
the United States that has screening and training requirements 50
CS/CS/HB 1155 2023
CODING: Words stricken are deletions; words underlined are additions.
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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
that are substantially similar to the requirements under ss. 51
402.305 and 402.3055, and that has not been subject to 52
disciplinary action in that other jurisdiction. 53
Section 2. This act shall take effect upon becoming law. 54