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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 child care and early learning 2
providers; amending s. 170.201, F.S.; providing an 3
exemption for public and private preschools from 4
specified special assessments levied by a 5
municipality; defining the term "preschool"; amending 6
s. 402.305, F.S.; revising licensing standards for all 7
licensed child care facilities and minimum standards 8
and training requirements for child care personnel; 9
requiring the Department of Children and Families to 10
conduct specified screenings of child care personnel 11
within a specified timeframe and issue provisional 12
approval of such personnel under certain conditions; 13
providing an exception; revising minimum standards for 14
sanitation and safety of child care facilities; making 15
technical changes; deleting provisions rela ting to 16
educating parents and children about specified topics; 17
deleting provisions relating to specialized child care 18
facilities for the care of mildly ill children; 19
amending s. 402.306, F.S.; requiring a county 20
commission to annually affirm certain decisi ons; 21
amending s. 402.3115, F.S.; expanding the types of 22
providers to be considered when developing and 23
implementing a plan to eliminate duplicative and 24
unnecessary inspections; revising requirements for an 25
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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
abbreviated inspection plan for certain child care 26
facilities; requiring the department to adopt rules; 27
amending s. 402.316, F.S.; providing that certain 28
child care facilities are exempt from specified 29
requirements; amending s. 627.70161, F.S.; defining 30
the term "large family child care home"; providing 31
that specified insurance provisions apply to large 32
family child care homes; amending s. 1002.59, F.S.; 33
conforming cross-references; providing an effective 34
date. 35
36
Be It Enacted by the Legislature of the State of Florida: 37
38
Section 1. Subsection (2) of section 170.201, Florida 39
Statutes, is amended to read: 40
170.201 Special assessments. — 41
(2) Property owned or occupied by a religious institution 42
and used as a place of worship or education; by a public or 43
private preschool, elementary school, middle school, or high 44
school; or by a governmentally financed, insured, or subsidized 45
housing facility that is used primarily for persons who are 46
elderly or disabled shall be exempt from any special assessment 47
levied by a municipality to fund any service if the mun icipality 48
so desires. As used in this subsection, the term "religious 49
institution" means any church, synagogue, or other established 50
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physical place for worship at which nonprofit religious services 51
and activities are regularly conducted and carried on and the 52
term "governmentally financed, insured, or subsidized housing 53
facility" means a facility that is financed by a mortgage loan 54
made or insured by the United States Department of Housing and 55
Urban Development under s. 8, s. 202, s. 221(d)(3) or (4), s. 56
232, or s. 236 of the National Housing Act and is owned or 57
operated by an entity that qualifies as an exempt charitable 58
organization under s. 501(c)(3) of the Internal Revenue Code. As 59
used in this subsection, the term "preschool" means any child 60
care facility licensed under s. 402.305. 61
Section 2. Paragraphs (a) and (c) of subsection (1), 62
paragraphs (a), (e), and (f) of subsection (2), paragraphs (a) 63
and (c) of subsection (7), and subsections (9), (13), and (17) 64
of section 402.305, Florida Statutes, are a mended to read: 65
402.305 Licensing standards; child care facilities. — 66
(1) LICENSING STANDARDS. —The department shall establish 67
licensing standards that each licensed child care facility must 68
meet regardless of the origin or source of the fees used to 69
operate the facility or the type of children served by the 70
facility. 71
(a) The standards shall be designed to address the 72
following areas: 73
1. the health and nutrition, sanitation, safety, 74
developmental needs, and sanitary adequate physical conditions 75
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surroundings for all children served by in child care 76
facilities. 77
2. The health and nutrition of all children in child care. 78
3. The child development needs of all children in child 79
care. 80
(c) The minimum standards for child care facilities shall 81
be adopted in the rules of the department and shall address the 82
areas delineated in this section. 83
1. The department, in adopting rules to establish minimum 84
standards for child care facilities, shall recognize that 85
different age groups of children may require differ ent 86
standards. 87
2. The department may adopt different minimum standards 88
for facilities that serve children in different age groups, 89
including school-age children. 90
3. The department may create up to three classification 91
levels for violations of licensing standards that directly 92
relate to the health and safety of a child. A class three 93
violation is the least serious in nature and must be the same 94
incident of noncompliance that occurs at least three times 95
within a 2-year period. 96
4. The department shall also adopt by rule a definition 97
for child care which distinguishes between child care programs 98
that require child care licensure and after -school programs that 99
do not require licensure. Notwithstanding any other provision of 100
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law to the contrary, minimum chil d care licensing standards 101
shall be developed to provide for reasonable, affordable, and 102
safe before-school and after-school care. After-school programs 103
that otherwise meet the criteria for exclusion from licensure 104
may provide snacks and meals through the federal Afterschool 105
Meal Program (AMP) administered by the Department of Health in 106
accordance with federal regulations and standards. The 107
Department of Health shall consider meals to be provided through 108
the AMP only if the program is actively participating in the 109
AMP, is in good standing with the department, and the meals meet 110
AMP requirements. Standards, at a minimum, shall allow for a 111
credentialed director to supervise multiple before -school and 112
after-school sites. 113
(2) PERSONNEL.—Minimum standards for c hild care personnel 114
shall include minimum requirements as to: 115
(a) Good moral character based upon screening as defined 116
in s. 402.302(15). This screening shall be conducted as provided 117
in chapter 435, using the level 2 standards for screening 118
provided set forth in that chapter, and include employment 119
history checks, a search of criminal history records, sexual 120
predator and sexual offender registries, and child abuse and 121
neglect registry of any state in which the current or 122
prospective child care personnel resided during the preceding 5 123
years. The department shall complete the screening and provide 124
the results to the child care facility within 3 business days. 125
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If the department is unable to complete the screening within 3 126
business days, the department shall issue the current or 127
prospective child care personnel a 45 -day provisional-hire 128
status while all required information is being requested and the 129
department is awaiting results unless the department has reason 130
to believe a disqualifying factor may exist. Du ring the 45-day 131
period, the current or prospective child care personnel must be 132
under the direct supervision of a screened and trained staff 133
member when in contact with children. 134
(e) Minimum training requirements for child care 135
personnel. 136
1. Such minimum standards for training shall ensure that 137
all child care personnel take an approved 40 -clock-hour 138
introductory course in child care, which course covers at least 139
the following topic areas: 140
a. State and local rules and regulations which govern 141
child care. 142
b. Health, safety, and nutrition. 143
c. Identifying and reporting child abuse and neglect. 144
d. Child development, including typical and atypical 145
language, cognitive, motor, social, and self -help skills 146
development. 147
e. Observation of developmental be haviors, including using 148
a checklist or other similar observation tools and techniques to 149
determine the child's developmental age level. 150
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f. Specialized areas, including computer technology for 151
professional and classroom use and early literacy and languag e 152
development of children from birth to 5 years of age, as 153
determined by the department, for owner -operators and child care 154
personnel of a child care facility. 155
g. Developmental disabilities, including autism spectrum 156
disorder and Down syndrome, and early identification, use of 157
available state and local resources, classroom integration, and 158
positive behavioral supports for children with developmental 159
disabilities. 160
h. Online training coursework, provided at no cost by the 161
department, to meet minimum train ing standards for child care 162
personnel. 163
164
Within 90 days after employment, child care personnel shall 165
begin training to meet the training requirements. Child care 166
personnel shall successfully complete such training within 1 167
year after the date on which the training began, as evidenced by 168
passage of an in-person or online a competency examination. 169
Successful completion of the 40 -clock-hour introductory course 170
shall articulate into community college credit in early 171
childhood education, pursuant to ss. 1007.24 and 1007.25. 172
Exemption from all or a portion of the required training shall 173
be granted to child care personnel based upon educational 174
credentials or passage of competency examinations. Child care 175
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personnel possessing a 2 -year degree or higher that includes 6 176
college credit hours in early childhood development or child 177
growth and development, or a child development associate 178
credential or an equivalent state -approved child development 179
associate credential, or a child development associate waiver 180
certificate shall be automatically exempted from the training 181
requirements in sub-subparagraphs b., d., and e. 182
2. The introductory course in child care shall stress, to 183
the extent possible, an interdisciplinary approach to the study 184
of children. 185
2.3. The introductory course shall cover recognition and 186
prevention of shaken baby syndrome; prevention of sudden infant 187
death syndrome; recognition and care of infants and toddlers 188
with developmental disabilities, including autism spectrum 189
disorder and Down syndrome; and e arly childhood brain 190
development within the topic areas identified in this paragraph. 191
3.4. On an annual basis in order to further their child 192
care skills and, if appropriate, administrative skills, child 193
care personnel who have fulfilled the requirements for the child 194
care training shall be required to take an additional 1 195
continuing education unit of approved inservice training, or 10 196
clock hours of equivalent training, as determined by the 197
department. 198
4.5. Child care personnel shall be required to complete 199
0.5 continuing education unit of approved training or 5 clock 200
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hours of equivalent training, as determined by the department, 201
in early literacy and language development of children from 202
birth to 5 years of age one time. The year that this training is 203
completed, it shall fulfill the 0.5 continuing education unit or 204
5 clock hours of the annual training required in subparagraph 3. 205
4. 206
5.6. Procedures for ensuring the training of qualified 207
child care professionals to provide training of child care 208
personnel, including onsite training, shall be included in the 209
minimum standards. It is recommended that the state community 210
child care coordination agencies (central agencies) be 211
contracted by the department to coor dinate such training when 212
possible. Other district educational resources, such as 213
community colleges and career programs, can be designated in 214
such areas where central agencies may not exist or are 215
determined not to have the capability to meet the coordina tion 216
requirements set forth by the department. 217
6.7. Training requirements do shall not apply to certain 218
occasional or part-time support staff, including, but not 219
limited to, swimming instructors, piano teachers, dance 220
instructors, and gymnastics instruct ors. 221
7.8. The child care operator shall be required to take 222
basic training in serving children with disabilities within 5 223
years after employment, either as a part of the introductory 224
training or the annual 8 hours of inservice training. 225
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(f) Periodic health examinations for child care facility 226
drivers. 227
(7) SANITATION AND SAFETY. — 228
(a) Minimum standards must shall include requirements for 229
sanitary and safety conditions, first aid treatment, emergency 230
procedures, and pediatric cardiopulmonary resuscitat ion. The 231
minimum standards must shall require that at least one staff 232
person trained in person in cardiopulmonary resuscitation, as 233
evidenced by current documentation of course completion, must be 234
present at all times that children are present. 235
(c) Some type of communications system, such as a pocket 236
pager or beeper, shall be provided to a parent whose child is in 237
drop-in child care to ensure the immediate return of the parent 238
to the child, if necessary. 239
(9) ADMISSIONS AND RECORDKEEPING. — 240
(a) Minimum standards shall include requirements for 241
preadmission and periodic health examinations, requirements for 242
immunizations, and requirements for maintaining emergency 243
information and health records on all children. 244
(b) During the months of August and September of each 245
year, each child care facility shall provide parents of children 246
enrolled in the facility detailed information regarding the 247
causes, symptoms, and transmission of the influenza virus in an 248
effort to educate those parents regarding the importance of 249
immunizing their children against influenza as recommended by 250
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the Advisory Committee on Immunization Practices of the Centers 251
for Disease Control and Prevention. 252
(c) During the months of April and September of each year, 253
at a minimum, each facility shall provide parents of children 254
enrolled in the facility information regarding the potential for 255
a distracted adult to fail to drop off a child at the facility 256
and instead leave the child in the adult's vehicle upon arrival 257
at the adult's destination. The child care facility shall also 258
give parents information about resources with suggestions to 259
avoid this occurrence. The department shall develop a flyer or 260
brochure with this information that shall be posted to t he 261
department's website, which child care facilities may choose to 262
reproduce and provide to parents to satisfy the requirements of 263
this paragraph. 264
(b)(d) Because of the nature and duration of drop -in child 265
care, requirements for preadmission and periodic health 266
examinations and requirements for medically signed records of 267
immunization required for child care facilities shall not apply. 268
A parent of a child in drop -in child care shall, however, be 269
required to attest to the child's health condition and the t ype 270
and current status of the child's immunizations. 271
(c)(e) Any child shall be exempt from medical or physical 272
examination or medical or surgical treatment upon written 273
request of the parent or guardian of such child who objects to 274
the examination and tr eatment. However, the laws, rules, and 275
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regulations relating to contagious or communicable diseases and 276
sanitary matters shall not be violated because of any exemption 277
from or variation of the health and immunization minimum 278
standards. 279
(13) PLAN OF ACTIVI TIES.—Minimum standards shall ensure 280
that each child care facility has and implements a written plan 281
for the daily provision of varied activities and active and 282
quiet play opportunities appropriate to the age of the child. 283
The written plan must include a p rogram, to be implemented 284
periodically for children of an appropriate age, which will 285
assist the children in preventing and avoiding physical and 286
mental abuse. 287
(17) SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF 288
MILDLY ILL CHILDREN. —Minimum standards shall be developed by the 289
department, in conjunction with the Department of Health, for 290
specialized child care facilities for the care of mildly ill 291
children. The minimum standards shall address the following 292
areas: personnel requirements; staff -to-child ratios; staff 293
training and credentials; health and safety; physical facility 294
requirements, including square footage; client eligibility, 295
including a definition of "mildly ill children"; sanitation and 296
safety; admission and recordkeeping; dispensing of medic ation; 297
and a schedule of activities. 298
Section 3. Subsection (1) of section 402.306, Florida 299
Statutes, is amended to read: 300
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402.306 Designation of licensing agency; dissemination by 301
the department and local licensing agency of information on 302
child care.— 303
(1)(a) Any county whose licensing standards meet or exceed 304
state minimum standards may: 305
1.(a) Designate a local licensing agency to license child 306
care facilities in the county; or 307
2.(b) Contract with the department to delegate the 308
administration of state minimum standards in the county to the 309
department. 310
(b) The decision to designate a local licensing agency 311
under subparagraph (a)1. must be annually affirmed by a majority 312
vote of the county commission. 313
Section 4. Section 402.3115, Florida Stat utes, is amended 314
to read: 315
402.3115 Elimination of duplicative and unnecessary 316
inspections; abbreviated inspections. — 317
(1) The Department of Children and Families and local 318
governmental agencies that license child care facilities shall 319
develop and implement a plan to eliminate duplicative and 320
unnecessary inspections of child care facilities , family day 321
care homes, and large family child care homes . 322
(2)(a) In addition, The department and the local 323
governmental agencies shall develop and implement an abbr eviated 324
inspection plan for child care facilities that meets all of the 325
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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
following conditions: 326
1. Have been licensed for at least 2 consecutive years. 327
2. Have not had a no Class 1 deficiency, as defined by 328
rule, for at least 2 consecutive years. 329
3. Have not had more than three of the same or Class 2 330
deficiencies, as defined by rule, for at least 2 consecutive 331
years. 332
4. Have received at least two full onsite renewal 333
inspections in the most recent 2 years. 334
5. Do not have any current uncorrected vio lations. 335
6. Do not have any open regulatory complaints or active 336
child protective services investigations . 337
(b) The abbreviated inspection must include those elements 338
identified by the department and the local governmental agencies 339
as being key indicato rs of whether the child care facility 340
continues to provide quality care and programming and must be 341
updated every 5 years . 342
(3) The department shall adopt rules and revise policies 343
based on the recommendations in the report. 344
(4) The department shall rev ise the plan under subsection 345
(1) as necessary to maintain the validity and effectiveness of 346
inspections. 347
Section 5. Subsection (1) of section 402.316, Florida 348
Statutes, is amended to read: 349
402.316 Exemptions. — 350
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(1) The provisions of ss. 402.301 -402.319, except for the 351
requirements regarding screening of child care personnel, shall 352
not apply to a child care facility which is an integral part of 353
church or parochial schools , or a child care facility that 354
solely provides child care to eligible children as defined in s. 355
402.261(1)(c), conducting regularly scheduled classes, courses 356
of study, or educational programs accredited by, or by a member 357
of, an organization which publishes and requires compliance with 358
its standards for health, safety, and sanitatio n. However, such 359
facilities shall meet minimum requirements of the applicable 360
local governing body as to health, sanitation, and safety and 361
shall meet the screening requirements pursuant to ss. 402.305 362
and 402.3055. Failure by a facility to comply with suc h 363
screening requirements shall result in the loss of the 364
facility's exemption from licensure. 365
Section 6. Section 627.70161, Florida Statutes, is amended 366
to read: 367
627.70161 Family day care and large family child care 368
insurance.— 369
(1) PURPOSE AND INTENT. —The Legislature recognizes that 370
family day care homes and large family child care homes fulfill 371
a vital role in providing child care in Florida. It is the 372
intent of the Legislature that residential property insurance 373
coverage should not be canceled, denied, or nonrenewed solely on 374
the basis of the family day care or child care services at the 375
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residence. The Legislature also recognizes that the potential 376
liability of residential property insurers is substantially 377
increased by the ren dition of child care services on the 378
premises. The Legislature therefore finds that there is a public 379
need to specify that contractual liabilities that arise in 380
connection with the operation of the family day care home or 381
large family child care home are excluded from residential 382
property insurance policies unless they are specifically 383
included in such coverage. 384
(2) DEFINITIONS.—As used in this section, the term: 385
(a) "Child care" means the care, protection, and 386
supervision of a child, for a period of le ss than 24 hours a day 387
on a regular basis, which supplements parental care, enrichment, 388
and health supervision for the child, in accordance with his or 389
her individual needs, and for which a payment, fee, or grant is 390
made for care. 391
(b) "Family day care ho me" means an occupied residence in 392
which child care is regularly provided for children from at 393
least two unrelated families and which receives a payment, fee, 394
or grant for any of the children receiving care, whether or not 395
operated for a profit. 396
(c) "Large family child care home" means an occupied 397
residence in which child care is regularly provided for children 398
from at least two unrelated families, which receives a payment, 399
fee, or grant for any of the children receiving care, regardless 400
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of whether operated for profit, and which has at least two full -401
time child care personnel on the premises during the hours of 402
operation. One of the two full -time child care personnel must be 403
the owner or occupant of the residence. A large family child 404
care home must first have operated as a licensed family day care 405
home for at least 2 years, with an operator who has held a child 406
development associate credential or its equivalent for at least 407
1 year, before seeking licensure as a large family child care 408
home. Household child ren under 13 years of age, when on the 409
premises of the large family child care home or on a field trip 410
with children enrolled in child care, must be included in the 411
overall capacity of the licensed home. A large family child care 412
home may provide care for one of the following groups of 413
children, which must include household children under 13 years 414
of age: 415
1. A maximum of eight children from birth to 24 months of 416
age. 417
2. A maximum of 12 children, with no more than four 418
children under 24 months of age. 419
(3) FAMILY DAY CARE AND LARGE FAMILY CHILD CARE ; 420
COVERAGE.—A residential property insurance policy may shall not 421
provide coverage for liability for claims arising out of, or in 422
connection with, the operation of a family day care home or 423
large family child care home, and the insurer shall be under no 424
obligation to defend against lawsuits covering such claims, 425
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unless: 426
(a) Specifically covered in a policy; or 427
(b) Covered by a rider or endorsement for business 428
coverage attached to a policy. 429
(4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED. —An 430
insurer may not deny, cancel, or refuse to renew a policy for 431
residential property insurance solely on the basis that the 432
policyholder or applicant operates a family day care home or 433
large family child care home . In addition to other lawful 434
reasons for refusing to insure, an insurer may deny, cancel, or 435
refuse to renew a policy of a family day care home or large 436
family child care home provider if one or more of the following 437
conditions occur: 438
(a) The policyholde r or applicant provides care for more 439
children than authorized for family day care homes by s. 440
402.302; 441
(b) The policyholder or applicant fails to maintain a 442
separate commercial liability policy or an endorsement providing 443
liability coverage for the fami ly day care home or large family 444
child care home operations; 445
(c) The policyholder or applicant fails to comply with the 446
applicable family day care home licensure and registration 447
requirements specified in chapter 402 s. 402.313; or 448
(d) Discovery of wil lful or grossly negligent acts or 449
omissions or any violations of state laws or regulations 450
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establishing safety standards for family day care homes or large 451
family child care home by the named insured or his or her 452
representative which materially increase a ny of the risks 453
insured. 454
Section 7. Subsection (1) of section 1002.59, Florida 455
Statutes, is amended to read: 456
1002.59 Emergent literacy and performance standards 457
training courses.— 458
(1) The department, in collaboration with the Just Read, 459
Florida! Office, shall adopt minimum standards for courses in 460
emergent literacy for prekindergarten instructors. Each course 461
must consist of 5 clock hours and provide instruction in 462
strategies and techniques to address the age -appropriate 463
progress of prekindergarten students in developing emergent 464
literacy skills, including oral communication, knowledge of 465
print and letters, phonological and phonemic awareness, 466
vocabulary and comprehension development, and foundational 467
background knowledge designed to correlate with t he content that 468
students will encounter in grades K -12, consistent with the 469
evidence-based content and strategies grounded in the science of 470
reading identified pursuant to s. 1001.215(7). The course 471
standards must be reviewed as part of any review of subje ct 472
coverage or endorsement requirements in the elementary, reading, 473
and exceptional student educational areas conducted pursuant to 474
s. 1012.586. Each course must also provide resources containing 475
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strategies that allow students with disabilities and other 476
special needs to derive maximum benefit from the Voluntary 477
Prekindergarten Education Program. Successful completion of an 478
emergent literacy training course approved under this section 479
satisfies requirements for approved training in early literacy 480
and language development under ss. 402.305(2)(e)4., 402.313(6), 481
and 402.3131(5) ss. 402.305(2)(e)5., 402.313(6), and 482
402.3131(5). 483
Section 8. This act shall take effect July 1, 2025. 484