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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; 15
removing provisions relating to educating parents and 16
children about specified topics; removing provisions 17
relating to specialized child care facilities for the 18
care of mildly ill children; amending s. 402.306, 19
F.S.; requiring a county commission to annually affirm 20
certain decisions; amending s. 402.3115, F.S.; 21
expanding the types of providers to be considered when 22
developing and implementing a plan to eliminate 23
duplicative and unnecessary inspections; revising 24
requirements for an abbreviated inspection plan for 25
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certain child care facilities; amending s. 4 02.313, 26
F.S.; removing a provision requiring family child care 27
homes to annually provide proof that immunization 28
records are kept current to the department; removing a 29
provision requiring the department to institute a 30
certain media campaign for specified p urposes; 31
removing provisions requiring family child care homes 32
to provide specified information to parents; removing 33
provisions requiring the department to develop a 34
specified flyer; amending s. 402.3131, F.S.; removing 35
a provision requiring the department to provide a 36
brochure on large family child care homes for 37
distribution to the general public; removing 38
provisions requiring large family child care homes to 39
provide specified information to parents of children 40
attending the large family child care homes; amending 41
s. 402.316, F.S.; providing that certain child care 42
facilities are exempt from specified requirements; 43
authorizing certain exempt child care facilities to 44
submit an application for licensure to the department 45
or a local licensing agency; requirin g the department 46
and the local licensing agency to adopt rules; 47
amending s. 627.70161, F.S.; defining the term "large 48
family child care home"; prohibiting a residential 49
property insurance policy from providing coverage for 50
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certain claims in connection with large family child 51
care homes; prohibiting an insurer from denying, 52
canceling, or refusing to renew a policy for 53
residential property insurance solely on the basis 54
that the policyholder or applicant operates a large 55
family child care home; amending ss. 39 .202, 125.0109, 56
166.0445, 212.08, 402.302, 402.309, 402.310, 402.312, 57
402.315, 402.318, 402.319, 409.988, 411.203, 1002.59, 58
1002.82, 1002.83, 1002.84, 1002.88, 1002.895, 1002.92, 59
1002.93, 1002.945, and 1002.95, F.S.; conforming 60
provisions to changes made b y the act; providing an 61
effective date. 62
63
Be It Enacted by the Legislature of the State of Florida: 64
65
Section 1. Subsection (2) of section 170.201, Florida 66
Statutes, is amended to read: 67
170.201 Special assessments. — 68
(2) Property owned or occupied by a religious institution 69
and used as a place of worship or education; by a public or 70
private preschool, elementary school, middle school, or high 71
school; or by a governmentally financed, insured, or subsidized 72
housing facility that is used primarily for persons who are 73
elderly or disabled shall be exempt from any special assessment 74
levied by a municipality to fund any service if the municipality 75
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so desires. As used in this subsection, the term "religious 76
institution" means any church, synagogue, or other established 77
physical place for worship at which nonprofit religious services 78
and activities are regularly conducted and carried on and the 79
term "governmentally financed, insured, or subsidized housing 80
facility" means a facility that is financed by a mortg age loan 81
made or insured by the United States Department of Housing and 82
Urban Development under s. 8, s. 202, s. 221(d)(3) or (4), s. 83
232, or s. 236 of the National Housing Act and is owned or 84
operated by an entity that qualifies as an exempt charitable 85
organization under s. 501(c)(3) of the Internal Revenue Code. As 86
used in this subsection, the term "preschool" means any child 87
care facility licensed under s. 402.305. 88
Section 2. Paragraphs (a) and (c) of subsection (1), 89
paragraphs (a), (e), and (f) of s ubsection (2), paragraphs (a) 90
and (c) of subsection (7), subsections (9), (13), and (17), and 91
paragraph (a) of subsection (18) of section 402.305, Florida 92
Statutes, are amended to read: 93
402.305 Licensing standards; child care facilities. — 94
(1) LICENSING STANDARDS.—The department shall establish 95
licensing standards that each licensed child care facility must 96
meet regardless of the origin or source of the fees used to 97
operate the facility or the type of children served by the 98
facility. 99
(a) The standards shall be designed to address the 100
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following areas: 101
1. the health and nutrition, sanitation, safety, 102
developmental needs, and sanitary adequate physical conditions 103
surroundings for all children served by in child care 104
facilities. 105
2. The health and nutrit ion of all children in child care. 106
3. The child development needs of all children in child 107
care. 108
(c) The minimum standards for child care facilities shall 109
be adopted in the rules of the department and shall address the 110
areas delineated in this section. 111
1. The department, in adopting rules to establish minimum 112
standards for child care facilities, shall recognize that 113
different age groups of children may require different 114
standards. 115
2. The department may adopt different minimum standards 116
for facilities that serve children in different age groups, 117
including school-age children. 118
3. The department may create up to three classification 119
levels for violations of licensing standards that di rectly 120
relate to the health and safety of a child. A class three 121
violation is the least serious in nature and must be the same 122
incident of noncompliance that occurs at least three times 123
within a 2-year period. 124
4. The department shall also adopt by rule a definition 125
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for child care which distinguishes between child care programs 126
that require child care licensure and after -school programs that 127
do not require licensure. Notwithstanding any other provision of 128
law to the contrary, minimum child care licensing s tandards 129
shall be developed to provide for reasonable, affordable, and 130
safe before-school and after-school care. After-school programs 131
that otherwise meet the criteria for exclusion from licensure 132
may provide snacks and meals through the federal Afterschoo l 133
Meal Program (AMP) administered by the Department of Health in 134
accordance with federal regulations and standards. The 135
Department of Health shall consider meals to be provided through 136
the AMP only if the program is actively participating in the 137
AMP, is in good standing with the department, and the meals meet 138
AMP requirements. Standards, at a minimum, shall allow for a 139
credentialed director to supervise multiple before -school and 140
after-school sites. 141
(2) PERSONNEL.—Minimum standards for child care personne l 142
shall include minimum requirements as to: 143
(a) Good moral character based upon screening as defined 144
in s. 402.302(15). This screening shall be conducted as provided 145
in chapter 435, using the level 2 standards for screening 146
provided set forth in that chapter, and include employment 147
history checks, a search of criminal history records, sexual 148
predator and sexual offender registries, and child abuse and 149
neglect registry of any state in which the current or 150
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prospective child care personnel resided during the preceding 5 151
years. The department shall complete the screening and provide 152
the results to the child care facility within 3 business days 153
from the receipt of the criminal history record check. If the 154
department is unable to complete the screening within 3 business 155
days, the department shall issue the current or prospective 156
child care personnel a 45 -day provisional-hire status while all 157
required information is being requested and the department is 158
awaiting results unless the department has reason to believe a 159
disqualifying factor may exist. During the 45 -day period, the 160
current or prospective child care personnel must be under the 161
direct supervision of a screened and trained staff member when 162
in contact with children. 163
(e) Minimum training requirements for c hild care 164
personnel. 165
1. Such minimum standards for training shall ensure that 166
all child care personnel take an approved 40 -clock-hour 167
introductory course in child care, which course covers at least 168
the following topic areas: 169
a. State and local rules an d regulations which govern 170
child care. 171
b. Health, safety, and nutrition. 172
c. Identifying and reporting child abuse and neglect. 173
d. Child development, including typical and atypical 174
language, cognitive, motor, social, and self -help skills 175
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development. 176
e. Observation of developmental behaviors, including using 177
a checklist or other similar observation tools and techniques to 178
determine the child's developmental age level. 179
f. Specialized areas, including computer technology for 180
professional and classroo m use and early literacy and language 181
development of children from birth to 5 years of age, as 182
determined by the department, for owner -operators and child care 183
personnel of a child care facility. 184
g. Developmental disabilities, including autism spectrum 185
disorder and Down syndrome, and early identification, use of 186
available state and local resources, classroom integration, and 187
positive behavioral supports for children with developmental 188
disabilities. 189
h. Online training coursework, provided at no cost by t he 190
department, to meet minimum training standards for child care 191
personnel. 192
193
Within 90 days after employment, child care personnel shall 194
begin training to meet the training requirements. Child care 195
personnel shall successfully complete such training within 1 196
year after the date on which the training began, as evidenced by 197
passage of an in-person or online a competency examination. 198
Successful completion of the 40 -clock-hour introductory course 199
shall articulate into community college credit in early 200
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childhood education, pursuant to ss. 1007.24 and 1007.25. 201
Exemption from all or a portion of the required training shall 202
be granted to child care personnel based upon educational 203
credentials or passage of competency examinations. Child care 204
personnel possessing a 2 -year degree or higher that includes 6 205
college credit hours in early childhood development or child 206
growth and development, or a child development associate 207
credential or an equivalent state -approved child development 208
associate credential, or a child devel opment associate waiver 209
certificate shall be automatically exempted from the training 210
requirements in sub-subparagraphs b., d., and e. 211
2. The introductory course in child care shall stress, to 212
the extent possible, an interdisciplinary approach to the stu dy 213
of children. 214
2.3. The introductory course shall cover recognition and 215
prevention of shaken baby syndrome; prevention of sudden infant 216
death syndrome; recognition and care of infants and toddlers 217
with developmental disabilities, including autism spectrum 218
disorder and Down syndrome; and early childhood brain 219
development within the topic areas identified in this paragraph. 220
3.4. On an annual basis in order to further their child 221
care skills and, if appropriate, administrative skills, child 222
care personnel who have fulfilled t he requirements for the child 223
care training shall be required to take an additional 1 224
continuing education unit of approved inservice training, or 10 225
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clock hours of equivalent training, as determined by the 226
department. 227
4.5. Child care personnel shall be required to complete 228
0.5 continuing education unit of approved training or 5 clock 229
hours of equivalent training, as determined by the department, 230
in early literacy and language development of children from 231
birth to 5 years of age one time. The year that th is training is 232
completed, it shall fulfill the 0.5 continuing education unit or 233
5 clock hours of the annual training required in subparagraph 3. 234
4. 235
5.6. Procedures for ensuring the training of qualified 236
child care professionals to provide training of chi ld care 237
personnel, including onsite training, shall be included in the 238
minimum standards. It is recommended that the state community 239
child care coordination agencies (central agencies) be 240
contracted by the department to coordinate such training when 241
possible. Other district educational resources, such as 242
community colleges and career programs, can be designated in 243
such areas where central agencies may not exist or are 244
determined not to have the capability to meet the coordination 245
requirements set forth by t he department. 246
6.7. Training requirements do shall not apply to certain 247
occasional or part-time support staff, including, but not 248
limited to, swimming instructors, piano teachers, dance 249
instructors, and gymnastics instructors. 250
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7.8. The child care opera tor shall be required to take 251
basic training in serving children with disabilities within 5 252
years after employment, either as a part of the introductory 253
training or the annual 8 hours of inservice training. 254
(f) Periodic health examinations for child care facility 255
drivers. 256
(7) SANITATION AND SAFETY. — 257
(a) Minimum standards must shall include requirements for 258
sanitary and safety conditions, first aid treatment, emergency 259
procedures, and pediatric cardiopulmonary resuscitation. The 260
minimum standards must shall require that at least one staff 261
person trained in person in cardiopulmonary resuscitation, as 262
evidenced by current documentation of course completion, must be 263
present at all times that children are present. 264
(c) Some type of communications system, s uch as a pocket 265
pager or beeper, shall be provided to a parent whose child is in 266
drop-in child care to ensure the immediate return of the parent 267
to the child, if necessary. 268
(9) ADMISSIONS AND RECORDKEEPING. — 269
(a) Minimum standards shall include requirements for 270
preadmission and periodic health examinations, requirements for 271
immunizations, and requirements for maintaining emergency 272
information and health records on all children. 273
(b) During the months of August and September of each 274
year, each child care facility shall provide parents of children 275
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enrolled in the facility detailed information regarding the 276
causes, symptoms, and transmission of the influenza virus in an 277
effort to educate those parents regarding the importance of 278
immunizing their chi ldren against influenza as recommended by 279
the Advisory Committee on Immunization Practices of the Centers 280
for Disease Control and Prevention. 281
(c) During the months of April and September of each year, 282
at a minimum, each facility shall provide parents of children 283
enrolled in the facility information regarding the potential for 284
a distracted adult to fail to drop off a child at the facility 285
and instead leave the child in the adult's vehicle upon arrival 286
at the adult's destination. The child care facility sha ll also 287
give parents information about resources with suggestions to 288
avoid this occurrence. The department shall develop a flyer or 289
brochure with this information that shall be posted to the 290
department's website, which child care facilities may choose to 291
reproduce and provide to parents to satisfy the requirements of 292
this paragraph. 293
(b)(d) Because of the nature and duration of drop -in child 294
care, requirements for preadmission and periodic health 295
examinations and requirements for medically signed records o f 296
immunization required for child care facilities shall not apply. 297
A parent of a child in drop -in child care shall, however, be 298
required to attest to the child's health condition and the type 299
and current status of the child's immunizations. 300
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(c)(e) Any child shall be exempt from medical or physical 301
examination or medical or surgical treatment upon written 302
request of the parent or guardian of such child who objects to 303
the examination and treatment. However, the laws, rules, and 304
regulations relating to conta gious or communicable diseases and 305
sanitary matters shall not be violated because of any exemption 306
from or variation of the health and immunization minimum 307
standards. 308
(13) PLAN OF ACTIVITIES. —Minimum standards shall ensure 309
that each child care facility h as and implements a written plan 310
for the daily provision of varied activities and active and 311
quiet play opportunities appropriate to the age of the child. 312
The written plan must include a program, to be implemented 313
periodically for children of an appropriat e age, which will 314
assist the children in preventing and avoiding physical and 315
mental abuse. 316
(17) SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF 317
MILDLY ILL CHILDREN. —Minimum standards shall be developed by the 318
department, in conjunction with the Depart ment of Health, for 319
specialized child care facilities for the care of mildly ill 320
children. The minimum standards shall address the following 321
areas: personnel requirements; staff -to-child ratios; staff 322
training and credentials; health and safety; physical f acility 323
requirements, including square footage; client eligibility, 324
including a definition of "mildly ill children"; sanitation and 325
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safety; admission and recordkeeping; dispensing of medication; 326
and a schedule of activities. 327
(18) TRANSFER OF OWNERSHIP. — 328
(a) One week before prior to the transfer of ownership of 329
a child care facility or family child day care home, the 330
transferor shall notify the parent or caretaker of each child of 331
the impending transfer. 332
Section 3. Subsections (1) and (3) of section 402.306, 333
Florida Statutes, are amended to read: 334
402.306 Designation of licensing agency; dissemination by 335
the department and local licensing agency of information on 336
child care.— 337
(1)(a) Any county whose licensing standards meet or exceed 338
state minimum standards may: 339
1.(a) Designate a local licensing agency to license child 340
care facilities in the county; or 341
2.(b) Contract with the department to delegate the 342
administration of state minimum standards in the county to the 343
department. 344
(b) The decision to designate a local licensing agency 345
under subparagraph (a)1. must be annually affirmed by a majority 346
vote of the county commission. 347
(3) The department and local licensing agencies, or the 348
designees thereof, shall be responsible for coordination and 349
dissemination of information on child care to the community and 350
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shall make available through electronic means all licensing 351
standards and procedures, health and safety standards for school 352
readiness providers, monitoring and inspection reports, and the 353
names and addresses of licensed child care facilities, school 354
readiness program providers, and, where applicable pursuant to 355
s. 402.313, licensed or registered family child day care homes. 356
This information shall also include the number of deaths, 357
serious injuries, and instances of substantiated child abuse 358
that have occurred in child care settings each year; research 359
and best practices in child development; and resources regardi ng 360
social-emotional development, parent and family engagement, 361
healthy eating, and physical activity. 362
Section 4. Section 402.3115, Florida Statutes, is amended 363
to read: 364
402.3115 Elimination of duplicative and unnecessary 365
inspections; abbreviated insp ections.— 366
(1) The Department of Children and Families and local 367
governmental agencies that license child care facilities shall 368
develop and implement a plan to eliminate duplicative and 369
unnecessary inspections of child care facilities , family child 370
care homes, and large family child care homes . 371
(2)(a) In addition, The department and the local 372
governmental agencies shall develop and implement an abbreviated 373
inspection plan for child care facilities , family child care 374
homes, and large family child care hom es that meet all of the 375
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following conditions: 376
1. Have been licensed for at least 2 consecutive years. 377
2. Have not had a no Class 1 deficiency, as defined by 378
rule, for at least 2 consecutive years. 379
3. Have not had more than three of the same or Class 2 380
deficiencies, as defined by rule, for at least 2 consecutive 381
years. 382
4. Have received at least two full onsite renewal 383
inspections in the most recent 2 years. 384
5. Do not have any current uncorrected violations. 385
6. Do not have any open regulatory comp laints or active 386
child protective services investigations . 387
(b) The abbreviated inspection must include those elements 388
identified by the department and the local governmental agencies 389
as being key indicators of whether the child care facility 390
continues to provide quality care and programming and must be 391
updated every 5 years . 392
(3) The department shall revise the plan under subsection 393
(1) as necessary to maintain the validity and effectiveness of 394
inspections. 395
Section 5. Section 402.313, Florida Statute s, is amended 396
to read: 397
402.313 Family child day care homes.— 398
(1) Family child day care homes shall be licensed under 399
this act if they are presently being licensed under an existing 400
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county licensing ordinance or if the board of county 401
commissioners passes a resolution that family child day care 402
homes be licensed. 403
(a) If not subject to license, family child day care homes 404
shall register annually with the department, providing the 405
following information: 406
1. The name and address of the home. 407
2. The name of the operator. 408
3. The number of children served. 409
4. Proof of a written plan to provide at least one other 410
competent adult to be available to substitute for the operator 411
in an emergency. This plan shall include the name, address, and 412
telephone number of the designated substitute. 413
5. Proof of screening and background checks. 414
6. Proof of successful completion of the 30 -hour training 415
course, as evidenced by passage of a competenc y examination, 416
which shall include: 417
a. State and local rules and regulations that govern child 418
care. 419
b. Health, safety, and nutrition. 420
c. Identifying and reporting child abuse and neglect. 421
d. Child development, including typical and atypical 422
language development; and cognitive, motor, social, and self -423
help skills development. 424
e. Observation of developmental behaviors, including using 425
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a checklist or other similar observation tools and techniques to 426
determine a child's developmental level. 427
f. Specialized areas, including early literacy and 428
language development of children from birth to 5 years of age, 429
as determined by the department, for owner -operators of family 430
child day care homes. 431
7. Proof that immunization records are kept current. 432
7.8. Proof of completion of the required continuing 433
education units or clock hours. 434
(b) Operators of registered family child care homes shall 435
annually complete a health and safety home inspection self -436
evaluation checklist developed by the department in conjunct ion 437
with the statewide resource and referral program. The completed 438
checklist shall be signed by the operator of the family child 439
care home and provided to parents as certification that basic 440
health and safety standards are being met. 441
(c)(b) A registered family child day care home may 442
volunteer to be licensed under this act. 443
(d)(c) The department may provide technical assistance to 444
counties and family child day care home providers to enable 445
counties and family child day care providers to achieve 446
compliance with family child day care homes standards. 447
(2) This information shall be included in a directory to 448
be published annually by the department to inform the public of 449
available child care facilities. 450
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(3) Child care personnel in family child day care homes 451
shall be subject to the applicable screening provisions 452
contained in ss. 402.305(2) and 402.3055. For purposes of 453
screening child care personnel in family child day care homes, 454
the term "child care personnel" includes any member of a family 455
child care home operator's family over the age of 12 years of 456
age or older a family day care home operator's family , or any 457
persons over the age of 12 years of age or older residing with 458
the operator in the family child day care home. Members of the 459
operator's family, or persons residing with the operator, who 460
are between the ages of 12 years and 18 years , inclusive shall 461
not be required to be fingerprinted, but shall be screened for 462
delinquency records. 463
(4) Operators of family child day care homes must 464
successfully complete an approved 30 -clock-hour introductory 465
course in child care, as evidenced by passage of a competency 466
examination, before caring for children. 467
(5) In order to further develop their child care skills 468
and, if appropriate, their administrative skills, operators of 469
family child day care homes shall be required to complete an 470
additional 1 continuing education unit of approved training or 471
10 clock hours of equivalent training, as determined by the 472
department, annually. 473
(6) Operators of family child day care homes shall be 474
required to complete 0.5 continuing education unit of approved 475
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training in early literacy and language development of children 476
from birth to 5 years of age one time. The year that this 477
training is completed, it shall fulfill the 0.5 continuing 478
education unit or 5 clock hours of the annual training required 479
in subsection (5). 480
(7) Operators of family day care homes shall be required 481
annually to complete a health and safety home inspection self -482
evaluation checklist developed by the department in conjunction 483
with the statewide resource and referral program. The completed 484
checklist shall be signed by the operator of the family day care 485
home and provided to parents as certification that basic health 486
and safety standards are being met. 487
(7)(8) Family child day care home operators may avail 488
themselves of supportive services offered by the department. 489
(8)(9) The department shall prepare a brochure on family 490
child day care for distribution by the departmen t and by local 491
licensing agencies, if appropriate, to family child day care 492
homes for distribution to parents utilizing such child care, and 493
to all interested persons, including physicians and other health 494
professionals; mental health professionals; school teachers or 495
other school personnel; social workers or other professional 496
child care, foster care, residential, or institutional workers; 497
and law enforcement officers. The brochure shall, at a minimum, 498
contain the following information: 499
(a) A brief description of the requirements for family 500
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child day care registration, training, and fingerprinting and 501
screening. 502
(b) A listing of those counties that require licensure of 503
family child day care homes. Such counties shall provide an 504
addendum to the brochure that provides a brief description of 505
the licensure requirements or may provide a brochure in lieu of 506
the one described in this subsection, provided it contains all 507
the required informatio n on licensure and the required 508
information in the subsequent paragraphs. 509
(c) A statement indicating that information about the 510
family child day care home's compliance with applicable state or 511
local requirements can be obtained by telephoning the departm ent 512
office or the office of the local licensing agency, if 513
appropriate, at a telephone number or numbers which shall be 514
affixed to the brochure. 515
(d) The statewide toll -free telephone number of the 516
central abuse hotline, together with a notice that report s of 517
suspected and actual child physical abuse, sexual abuse, and 518
neglect are received and referred for investigation by the 519
hotline. 520
(e) Any other information relating to competent child care 521
that the department or local licensing agency, if preparing a 522
separate brochure, deems would be helpful to parents and other 523
caretakers in their selection of a family child day care home. 524
(9)(10) On an annual basis, the department shall evaluate 525
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the registration and licensure system for family child day care 526
homes. Such evaluation shall, at a minimum, address the 527
following: 528
(a) The number of family child day care homes registered 529
and licensed and the dates of such registration and licensure. 530
(b) The number of children being served in both registered 531
and licensed family child day care homes and any available slots 532
in such homes. 533
(c) The number of complaints received concerning family 534
child day care, the nature of the complaints, and the resolution 535
of such complaints. 536
(d) The training activities utilized by ch ild care 537
personnel in family child day care homes for meeting the state 538
or local training requirements. 539
540
The evaluation shall be utilized by the department in any 541
administrative modifications or adjustments to be made in the 542
registration of family child day care homes or in any 543
legislative requests for modifications to the system of 544
registration or to other requirements for family child day care 545
homes. 546
(11) In order to inform the public of the state 547
requirement for registration of family day care homes as well as 548
the other requirements for such homes to legally operate in the 549
state, the department shall institute a media campaign to 550
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accomplish this end. Such a campaign shall include, at a 551
minimum, flyers, newspaper advertisements, radio advertisements, 552
and television advertisements. 553
(10)(12) Notwithstanding any other state or local law or 554
ordinance, any family child day care home licensed pursuant to 555
this chapter or pursuant to a county ordinance shall be charged 556
the utility rates accorded to a residentia l home. A licensed 557
family child day care home may not be charged commercial utility 558
rates. 559
(11)(13) The department shall, by rule, establish minimum 560
standards for family child day care homes that are required to 561
be licensed by county licensing ordinance or county licensing 562
resolution or that voluntarily choose to be licensed. The 563
standards should include requirements for staffing, training, 564
maintenance of immunization records, minimum health and safety 565
standards, reduced standards for the regulation of ch ild care 566
during evening hours by municipalities and counties, and 567
enforcement of standards. 568
(14) During the months of August and September of each 569
year, each family day care home shall provide parents of 570
children enrolled in the home detailed information regarding the 571
causes, symptoms, and transmission of the influenza virus in an 572
effort to educate those parents regarding the importance of 573
immunizing their children against influenza as recommended by 574
the Advisory Committee on Immunization Practices of the Centers 575
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for Disease Control and Prevention. 576
(15) During the months of April and September of each 577
year, at a minimum, each family day care home shall provide 578
parents of children attending the family day care home 579
information regarding the potential for a distracted adult to 580
fail to drop off a child at the family day care home and instead 581
leave the child in the adult's vehicle upon arrival at the 582
adult's destination. The family day care home shall also give 583
parents information about resources with suggest ions to avoid 584
this occurrence. The department shall develop a flyer or 585
brochure with this information that shall be posted to the 586
department's website, which family day care homes may choose to 587
reproduce and provide to parents to satisfy the requirements o f 588
this subsection. 589
Section 6. Subsections (1), (6), (9), and (10) of section 590
402.3131, Florida Statutes, are amended to read: 591
402.3131 Large family child care homes. — 592
(1) Large family child care homes shall be licensed under 593
this section. 594
(a) A licensed family child day care home must first have 595
operated for a minimum of 2 consecutive years, with an operator 596
who has had a child development associate credential or its 597
equivalent for 1 year, before seeking licensure as a large 598
family child care home . 599
(b) The department may provide technical assistance to 600
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counties and family child day care home providers to enable the 601
counties and providers to achieve compliance with minimum 602
standards for large family child care homes. 603
(6) The department shall pre pare a brochure on large 604
family child care homes for distribution to the general public. 605
(9) During the months of August and September of each 606
year, each large family child care home shall provide parents of 607
children enrolled in the home detailed informa tion regarding the 608
causes, symptoms, and transmission of the influenza virus in an 609
effort to educate those parents regarding the importance of 610
immunizing their children against influenza as recommended by 611
the Advisory Committee on Immunization Practices of the Centers 612
for Disease Control and Prevention. 613
(10) During the months of April and September of each 614
year, at a minimum, each large family child care home shall 615
provide parents of children attending the large family child 616
care home information regardin g the potential for a distracted 617
adult to fail to drop off a child at the large family child care 618
home and instead leave the child in the adult's vehicle upon 619
arrival at the adult's destination. The large family child care 620
home shall also give parents info rmation about resources with 621
suggestions to avoid this occurrence. The department shall 622
develop a flyer or brochure with this information that shall be 623
posted to the department's website, which large family child 624
care homes may choose to reproduce and prov ide to parents to 625
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satisfy the requirements of this subsection. 626
Section 7. Section 402.316, Florida Statutes, is amended 627
to read: 628
402.316 Exemptions. — 629
(1) The provisions of ss. 402.301 -402.319, except for the 630
requirements regarding screening of chil d care personnel, do 631
shall not apply to a child care facility which is an integral 632
part of church or parochial schools , or a child care facility 633
that solely provides child care to eligible children as defined 634
in s. 402.261(1)(c), conducting regularly scheduled classes, 635
courses of study, or educational programs accredited by, or by a 636
member of, an organization which publishes and requires 637
compliance with its standards for health, safety, and 638
sanitation. However, such facilities sha ll meet minimum 639
requirements of the applicable local governing body as to 640
health, sanitation, and safety and shall meet the screening 641
requirements pursuant to ss. 402.305 and 402.3055. Failure by a 642
facility to comply with such screening requirements shall result 643
in the loss of the facility's exemption from licensure. 644
(2) The provisions of ss. 402.301 -402.319 do not apply to 645
a child care facility or family child care home if the child 646
care facility or family child care home has a certificate issued 647
by the United States Department of Defense or by the United 648
States Coast Guard to provide child care and has completed 649
background screening by the United States Department of Defense 650
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pursuant to 34 U.S.C. s. 20351 and 32 C.F.R. part 86 and 651
received a favorable su itability and fitness determination. If 652
the child care facility or family child care home elects to 653
serve children ineligible for care under the Department of 654
Defense Instruction 6060.02, the child care facility or family 655
child care home must be licensed u nder chapter 402. 656
(3)(2) Any county or city with state or local child care 657
licensing programs in existence on July 1, 1974, will continue 658
to license the child care facility facilities as covered by such 659
programs, notwithstanding the exemption under provisions of 660
subsection (1), desiring to be licensed, is authorized to do so 661
by submitting an application to the department or local 662
licensing agency pursuant to s. 402.308(4) until and unless the 663
licensing agency makes a determination to exempt them . 664
(4)(3) The department and the local licensing agency 665
pursuant to s. 402.308(4) shall adopt rules to administer and 666
implement the this section, including, but not limited to, any 667
assessments of previous licensure history Any child care 668
facility covered by the ex emption provisions of subsection (1), 669
but desiring to be included in this act, is authorized to do so 670
by submitting notification to the department. Once licensed, 671
such facility cannot withdraw from the act and continue to 672
operate. 673
Section 8. Section 62 7.70161, Florida Statutes, is amended 674
to read: 675
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627.70161 Family child day care and large family child 676
care insurance.— 677
(1) PURPOSE AND INTENT. —The Legislature recognizes that 678
family child day care and large family child care homes fulfill 679
a vital role in providing child care in Florida. It is the 680
intent of the Legislature that residential property insurance 681
coverage should not be canceled, denied, or nonrenewed solely on 682
the basis of the child care family day care services at the 683
residence. The Legislat ure also recognizes that the potential 684
liability of residential property insurers is substantially 685
increased by the rendition of child care services on the 686
premises. The Legislature therefore finds that there is a public 687
need to specify that contractual li abilities that arise in 688
connection with the operation of the family child day care home 689
or the large family child care home are excluded from 690
residential property insurance policies unless they are 691
specifically included in such coverage. 692
(2) DEFINITIONS.—As used in this section, the term: 693
(a) "Child care" means the care, protection, and 694
supervision of a child, for a period of less than 24 hours a day 695
on a regular basis, which supplements parental care, enrichment, 696
and health supervision for the child, i n accordance with his or 697
her individual needs, and for which a payment, fee, or grant is 698
made for care. 699
(b) "Family child day care home" means an occupied 700
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residence in which child care is regularly provided for children 701
from at least two unrelated famili es and which receives a 702
payment, fee, or grant for any of the children receiving care, 703
whether or not operated for a profit. 704
(c) "Large family child care home" means an occupied 705
residence in which child care is regularly provided for children 706
from at least two unrelated families, which receives a payment, 707
fee, or grant for any of the children receiving care, regardless 708
of whether operated for profit, and which has at least two full -709
time child care personnel on the premises during the hours of 710
operation. One of the two full-time child care personnel must be 711
the owner or occupant of the residence. A large family child 712
care home must first have operated as a licensed family child 713
care home for at least 2 years, with an operator who has held a 714
child development associate credential or its equivalent for at 715
least 1 year, before seeking licensure as a large family child 716
care home. Household children under 13 years of age, when on the 717
premises of the large family child care home or on a field trip 718
with children enrolled in child care, must be included in the 719
overall capacity of the licensed home. A large family child care 720
home may provide care for one of the following groups of 721
children, which must include household children under 13 years 722
of age: 723
1. A maximum of eight children from birth to 24 months of 724
age. 725
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2. A maximum of 12 children, with no more than four 726
children under 24 months of age. 727
(3) FAMILY CHILD DAY CARE AND LARGE FAMILY CHILD CARE 728
HOMES; COVERAGE.—A residential property insurance policy may 729
shall not provide coverage for liability for claims arising out 730
of, or in connection with, the operation of a family child day 731
care home or a large family child care home , and the insurer 732
shall be under no obligation to defend against lawsuits covering 733
such claims, unless: 734
(a) Specifically covered in a policy; or 735
(b) Covered by a rider or endorsement for business 736
coverage attached to a policy. 737
(4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED. —An 738
insurer may not deny, cancel, or refuse to renew a policy for 739
residential property insurance solely on the basis that the 740
policyholder or applicant operates a family child day care home 741
or a large family child care home . In addition to other lawful 742
reasons for refusing to insure, an insurer may deny, cancel, or 743
refuse to renew a policy of a family child day care home or a 744
large family child care home provider if one or more of the 745
following conditions occur: 746
(a) The policyholder or applicant provides care for more 747
children than authorized for family day care homes by s. 748
402.302; 749
(b) The policyholder or applicant fails to maintain a 750
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separate commercial liability policy or an endorsement providing 751
liability coverage for the family child day care home or the 752
large family child care home operations; 753
(c) The policyholder or applicant fails to comply with the 754
applicable family day care home licensure and registration 755
requirements specified in chapter 402 s. 402.313; or 756
(d) Discovery of willful or grossly ne gligent acts or 757
omissions or any violations of state laws or regulations 758
establishing safety standards for family child day care homes or 759
large family child care homes by the named insured or his or her 760
representative which materially increase any of the r isks 761
insured. 762
Section 9. Paragraph (a) of subsection (2) of section 763
39.202, Florida Statutes, is amended to read: 764
39.202 Confidentiality of reports and records in cases of 765
child abuse or neglect; exception. — 766
(2) Except as provided in subsection (4) , access to such 767
records, excluding the name of, or other identifying information 768
with respect to, the reporter which may only be released as 769
provided in subsection (5), may only be granted to the following 770
persons, officials, and agencies: 771
(a) Employees, authorized agents, or contract providers of 772
the department, the Department of Health, the Agency for Persons 773
with Disabilities, the Agency for Health Care Administration, 774
the Department of Education, or county agencies responsible for 775
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carrying out: 776
1. Child or adult protective investigations; 777
2. Ongoing child or adult protective services; 778
3. Early intervention and prevention services; 779
4. Healthy Start services; 780
5. Licensure or approval of adoptive homes, foster homes, 781
child care facilities, faci lities licensed under chapters 393 782
and 394, family child day care homes, providers who receive 783
school readiness funding under part VI of chapter 1002, or other 784
homes used to provide for the care and welfare of children; 785
6. Employment screening for caregi vers in residential 786
group homes and facilities licensed under chapters 393, 394, and 787
409; or 788
7. Services for victims of domestic violence when provided 789
by certified domestic violence centers working at the 790
department's request as case consultants or with shared clients. 791
792
Also, employees or agents of the Department of Juvenile Justice 793
responsible for the provision of services to children, pursuant 794
to chapters 984 and 985. 795
Section 10. Section 125.0109, Florida Statutes, is amended 796
to read: 797
125.0109 Family child day care homes; local zoning 798
regulation.—The operation of a residence as a family child day 799
care home, as defined by law, registered or licensed with the 800
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Department of Children and Families shall constitute a valid 801
residential use for purposes of any local zoning regulations, 802
and no such regulation shall require the owner or operator of 803
such family child day care home to obtain any special exemption 804
or use permit or waiver, or to pay any special fee in excess of 805
$50, to operate in an area zoned for residential use. 806
Section 11. Section 166.0445, Florida Statutes, is amended 807
to read: 808
166.0445 Family child day care homes; local zoning 809
regulation.—The operation of a residence as a family child day 810
care home, as defined by law, regist ered or licensed with the 811
Department of Children and Families shall constitute a valid 812
residential use for purposes of any local zoning regulations, 813
and no such regulation shall require the owner or operator of 814
such family child day care home to obtain any special exemption 815
or use permit or waiver, or to pay any special fee in excess of 816
$50, to operate in an area zoned for residential use. 817
Section 12. Paragraph (j) of subsection (7) of section 818
212.08, Florida Statutes, is amended to read: 819
212.08 Sales, rental, use, consumption, distribution, and 820
storage tax; specified exemptions. —The sale at retail, the 821
rental, the use, the consumption, the distribution, and the 822
storage to be used or consumed in this state of the following 823
are hereby specifically exemp t from the tax imposed by this 824
chapter. 825
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(7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 826
entity by this chapter do not inure to any transaction that is 827
otherwise taxable under this chapter when payment is made by a 828
representative or employee of t he entity by any means, 829
including, but not limited to, cash, check, or credit card, even 830
when that representative or employee is subsequently reimbursed 831
by the entity. In addition, exemptions provided to any entity by 832
this subsection do not inure to any tr ansaction that is 833
otherwise taxable under this chapter unless the entity has 834
obtained a sales tax exemption certificate from the department 835
or the entity obtains or provides other documentation as 836
required by the department. Eligible purchases or leases ma de 837
with such a certificate must be in strict compliance with this 838
subsection and departmental rules, and any person who makes an 839
exempt purchase with a certificate that is not in strict 840
compliance with this subsection and the rules is liable for and 841
shall pay the tax. The department may adopt rules to administer 842
this subsection. 843
(j) Household fuels. —Also exempt from payment of the tax 844
imposed by this chapter are sales of utilities to residential 845
households or owners of residential models in this state by 846
utility companies who pay the gross receipts tax imposed under 847
s. 203.01, and sales of fuel to residential households or owners 848
of residential models, including oil, kerosene, liquefied 849
petroleum gas, coal, wood, and other fuel products used in the 850
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household or residential model for the purposes of heating, 851
cooking, lighting, and refrigeration, regardless of whether such 852
sales of utilities and fuels are separately metered and billed 853
direct to the residents or are metered and billed to the 854
landlord. If any part of the utility or fuel is used for a 855
nonexempt purpose, the entire sale is taxable. The landlord 856
shall provide a separate meter for nonexempt utility or fuel 857
consumption. For the purposes of this paragraph, licensed family 858
child day care homes shall also be exempt. 859
Section 13. Subsections (3), (8), (9), and (11) of section 860
402.302, Florida Statutes, are amended to read: 861
402.302 Definitions. —As used in this chapter, the term: 862
(3) "Child care personnel" means all owners, operat ors, 863
employees, and volunteers working in a child care facility. The 864
term does not include persons who work in a child care facility 865
after hours when children are not present or parents of children 866
in a child care facility. For purposes of screening, the t erm 867
includes any member, over the age of 12 years, of a child care 868
facility operator's family, or person, over the age of 12 years, 869
residing with a child care facility operator if the child care 870
facility is located in or adjacent to the home of the operato r 871
or if the family member of, or person residing with, the child 872
care facility operator has any direct contact with the children 873
in the facility during its hours of operation. Members of the 874
operator's family or persons residing with the operator who are 875
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between the ages of 12 years and 18 years are not required to be 876
fingerprinted but must be screened for delinquency records. For 877
purposes of screening, the term also includes persons who work 878
in child care programs that provide care for children 15 hours 879
or more each week in public or nonpublic schools, family child 880
day care homes, membership organizations under s. 402.301, or 881
programs otherwise exempted under s. 402.316. The term does not 882
include public or nonpublic school personnel who are providing 883
care during regular school hours, or after hours for activities 884
related to a school's program for grades kindergarten through 885
12. A volunteer who assists on an intermittent basis for less 886
than 10 hours per month is not included in the term "personnel" 887
for the purposes of screening and training if a person who meets 888
the screening requirement of s. 402.305(2) is always present and 889
has the volunteer in his or her line of sight. Students who 890
observe and participate in a child care facility as a part of 891
their required coursework are not considered child care 892
personnel, provided such observation and participation are on an 893
intermittent basis and a person who meets the screening 894
requirement of s. 402.305(2) is always present and has the 895
student in his or her line of sigh t. 896
(8) "Family child day care home" means an occupied 897
residence in which child care is regularly provided for children 898
from at least two unrelated families and which receives a 899
payment, fee, or grant for any of the children receiving care, 900
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whether or not operated for profit. Household children under 13 901
years of age, when on the premises of the family child day care 902
home or on a field trip with children enrolled in child care, 903
shall be included in the overall capacity of the licensed home. 904
A family child day care home shall be allowed to provide care 905
for one of the following groups of children, which shall include 906
household children under 13 years of age: 907
(a) A maximum of four children from birth to 12 months of 908
age. 909
(b) A maximum of three children from birth to 12 months of 910
age, and other children, for a maximum total of six children. 911
(c) A maximum of six preschool children if all are older 912
than 12 months of age. 913
(d) A maximum of 10 children if no more than 5 are 914
preschool age and, of those 5, no mo re than 2 are under 12 915
months of age. 916
(9) "Household children" means children who are related by 917
blood, marriage, or legal adoption to, or who are the legal 918
wards of, the family child day care home operator, the large 919
family child care home operator, or an adult household member 920
who permanently or temporarily resides in the home. Supervision 921
of the operator's household children shall be left to the 922
discretion of the operator unless those children receive 923
subsidized child care through the school readiness program 924
pursuant to s. 1002.92 to be in the home. 925
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(11) "Large family child care home" means an occupied 926
residence in which child care is regularly provided for children 927
from at least two unrelated families, which receives a payment, 928
fee, or grant for any of the children receiving care, whether or 929
not operated for profit, and which has at least two full -time 930
child care personnel on the premises during the hours of 931
operation. One of the two full -time child care personnel must be 932
the owner or occupant of the residence. A large family child 933
care home must first have operated as a licensed family child 934
day care home for 2 years, with an operator who has had a child 935
development associate credential or its equivalent for 1 year, 936
before seeking licensure as a larg e family child care home. 937
Household children under 13 years of age, when on the premises 938
of the large family child care home or on a field trip with 939
children enrolled in child care, shall be included in the 940
overall capacity of the licensed home. A large fa mily child care 941
home shall be allowed to provide care for one of the following 942
groups of children, which shall include household children under 943
13 years of age: 944
(a) A maximum of 8 children from birth to 24 months of 945
age. 946
(b) A maximum of 12 children, w ith no more than 4 children 947
under 24 months of age. 948
Section 14. Subsections (1) and (2) and paragraph (a) of 949
subsection (3) of section 402.309, Florida Statutes, are amended 950
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to read: 951
402.309 Provisional license or registration. — 952
(1) The local licen sing agency or the department, 953
whichever is authorized to license child care facilities in a 954
county, may issue a provisional license for child care 955
facilities, family child day care homes, or large family child 956
care homes, or a provisional registration for family child day 957
care homes to applicants for an initial license or registration 958
or to licensees or registrants seeking a renewal who are unable 959
to meet all the standards provided for in ss. 402.301 -402.319. 960
(2) A provisional license or registration may not be 961
issued unless the operator or owner makes adequate provisions 962
for the health and safety of the child. A provisional license 963
may be issued for a child care facility if all of the screening 964
materials have been timely submitted. A provisional license or 965
registration may not be issued unless the child care facility, 966
family child day care home, or large family child care home is 967
in compliance with the requirements for screening of child care 968
personnel in ss. 402.305, 402.3055, 402.313, and 402.3131, 969
respectively. 970
(3) Notwithstanding subsection (2), a local licensing 971
agency or the department, whichever is authorized to license 972
child care facilities in a county, must issue a provisional 973
license or registration if the operator or owner: 974
(a) Is applying for an initial license or registration for 975
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a child care facility, a family child day care home, or a large 976
family child care home; 977
Section 15. Paragraph (d) of subsection (1) and subsection 978
(4) of section 402.310, Florida Statutes, are amended to read: 979
402.310 Disciplinary actions; hearings upon denial, 980
suspension, or revocation of license or registration; 981
administrative fines. — 982
(1) 983
(d) The disciplinary sanctions set forth in this section 984
apply to licensed child care facilities, licensed large famil y 985
child care homes, and licensed or registered family child day 986
care homes. 987
(4) An applicant, registrant, or licensee shall have the 988
right to appeal a decision of the local licensing agency to a 989
representative of the department. Any required hearing shal l be 990
held in the county in which the child care facility, family 991
child day care home, or large family child care home is being 992
operated or is to be established. The hearing shall be conducted 993
in accordance with the provisions of chapter 120. 994
Section 16. Section 402.312, Florida Statutes, is amended 995
to read: 996
402.312 License required; injunctive relief. — 997
(1) The operation of a child care facility without a 998
license, a family child day care home without a license or 999
registration, or a large family child care home without a 1000
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license is prohibited. If the department or the local licensing 1001
agency discovers that a child care facility is being operated 1002
without a license, a family child day care home is being 1003
operated without a license or registration, or a lar ge family 1004
child care home is being operated without a license, the 1005
department or local licensing agency is authorized to seek an 1006
injunction in the circuit court where the facility is located to 1007
enjoin continued operation of such facility, family child day 1008
care home, or large family child care home. When the court is 1009
closed for the transaction of judicial business, the department 1010
or local licensing agency is authorized to seek an emergency 1011
injunction to enjoin continued operation of such unlicensed 1012
facility, unregistered or unlicensed family child day care home, 1013
or unlicensed large family child care home, which injunction 1014
shall be continued, modified, or revoked on the next day of 1015
judicial business. 1016
(2) Other grounds for seeking an injunction to close a 1017
child care facility, family child day care home, or a large 1018
family child care home are that: 1019
(a) There is any violation of the standards applied under 1020
ss. 402.301-402.319 which threatens harm to any child in the 1021
child care facility, a family child day care home, or large 1022
family child care home. 1023
(b) A licensee or registrant has repeatedly violated the 1024
standards provided for under ss. 402.301 -402.319. 1025
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(c) A child care facility, family child day care home, or 1026
large family child care home continues to have children in 1027
attendance after the closing date established by the department 1028
or the local licensing agency. 1029
(3) The department or local licensing agency may impose an 1030
administrative fine on any chi ld care facility, family child day 1031
care home, or large family child care home operating without a 1032
license or registration, consistent with the provisions of s. 1033
402.310. 1034
Section 17. Paragraphs (a), (b), and (c) of subsection (3) 1035
of section 402.315, Flor ida Statutes, are amended to read: 1036
402.315 Funding; license fees. — 1037
(3) The department shall collect a fee for any license it 1038
issues for a child care facility, family child day care home, or 1039
large family child care home pursuant to ss. 402.305, 402.313, 1040
and 402.3131. 1041
(a) For a child care facility licensed pursuant to s. 1042
402.305, such fee shall be $1 per child, based on the licensed 1043
capacity of the facility, except that the minimum fee shall be 1044
$25 per facility and the maximum fee shall be $100 per faci lity. 1045
(b) For a family child day care home registered pursuant 1046
to s. 402.313, such fee shall be $25. 1047
(c) For a family child day care home licensed pursuant to 1048
s. 402.313, such fee shall be $50. 1049
Section 18. Section 402.318, Florida Statutes, is amen ded 1050
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to read: 1051
402.318 Advertisement. —A person, as defined in s. 1.01(3), 1052
may not advertise a child care facility, family child day care 1053
home, or large family child care home without including within 1054
such advertisement the state or local agency license num ber or 1055
registration number of such facility or home. Violation of this 1056
section is a misdemeanor of the first degree, punishable as 1057
provided in s. 775.082 or s. 775.083. 1058
Section 19. Section 402.319, Florida Statutes, is amended 1059
to read: 1060
402.319 Penalties.— 1061
(1) It is a misdemeanor of the first degree, punishable as 1062
provided in s. 775.082 or s. 775.083, for any person knowingly 1063
to: 1064
(a) Fail, by false statement, misrepresentation, 1065
impersonation, or other fraudulent means, to disclose in any 1066
application for voluntary or paid employment or licensure 1067
regulated under ss. 402.301 -402.318 all information required 1068
under those sections or a material fact used in making a 1069
determination as to such person's qualifications to be child 1070
care personnel, as defined in s. 402.302, in a child care 1071
facility, family child day care home, or other child care 1072
program. 1073
(b) Operate or attempt to operate a child care facility 1074
without having procured a license as required by this act. 1075
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(c) Operate or attempt to operate a famil y child day care 1076
home without a license or without registering with the 1077
department, whichever is applicable. 1078
(d) Operate or attempt to operate a child care facility or 1079
family child day care home under a license that is suspended, 1080
revoked, or terminated. 1081
(e) Misrepresent, by act or omission, a child care 1082
facility or family child day care home to be duly licensed 1083
pursuant to this act without being so licensed. 1084
(f) Make any other misrepresentation, by act or omission, 1085
regarding the licensure or operation of a child care facility or 1086
family child day care home to a parent or guardian who has a 1087
child placed in the facility or is inquiring as to placing a 1088
child in the facility, or to a representative of the licensing 1089
authority, or to a representative of a law enforcement agency, 1090
including, but not limited to, any misrepresentation as to: 1091
1. The number of children at the child care facility or 1092
the family child day care home; 1093
2. The part of the child care facility or family child day 1094
care home designated for child care; 1095
3. The qualifications or credentials of child care 1096
personnel; 1097
4. Whether a family child day care home or child care 1098
facility complies with the screening requirements of s. 402.305; 1099
or 1100
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5. Whether child care person nel have the training as 1101
required by s. 402.305. 1102
(2) If any child care personnel makes any 1103
misrepresentation in violation of this section to a parent or 1104
guardian who has placed a child in the child care facility or 1105
family child day care home, and the par ent or guardian relied 1106
upon the misrepresentation, and the child suffers great bodily 1107
harm, permanent disfigurement, permanent disability, or death as 1108
a result of an intentional act or negligence by the child care 1109
personnel, then the child care personnel c ommits a felony of the 1110
second degree, punishable as provided in s. 775.082, s. 775.083, 1111
or s. 775.084. 1112
(3) Each child care facility, family child day care home, 1113
and large family child care home shall annually submit an 1114
affidavit of compliance with s. 39.201. 1115
Section 20. Paragraph (c) of subsection (2) of section 1116
409.988, Florida Statutes, is amended to read: 1117
409.988 Community-based care lead agen cy duties; general 1118
provisions.— 1119
(2) LICENSURE.— 1120
(c) Substitute care providers who are licensed under s. 1121
409.175 and who have contracted with a lead agency are also 1122
authorized to provide registered or licensed family child day 1123
care under s. 402.313 if s uch care is consistent with federal 1124
law and if the home has met the requirements of s. 402.313. 1125
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Section 21. Paragraph (b) of subsection (8) of section 1126
411.203, Florida Statutes, is amended to read: 1127
411.203 Continuum of comprehensive services. —The 1128
Department of Education and the Department of Health shall 1129
utilize the continuum of prevention and early assistance 1130
services for high-risk pregnant women and for high -risk and 1131
handicapped children and their families, as outlined in this 1132
section, as a basis fo r the intraagency and interagency program 1133
coordination, monitoring, and analysis required in this chapter. 1134
The continuum shall be the guide for the comprehensive statewide 1135
approach for services for high -risk pregnant women and for high -1136
risk and handicapped children and their families, and may be 1137
expanded or reduced as necessary for the enhancement of those 1138
services. Expansion or reduction of the continuum shall be 1139
determined by intraagency or interagency findings and agreement, 1140
whichever is applicable. Impl ementation of the continuum shall 1141
be based upon applicable eligibility criteria, availability of 1142
resources, and interagency prioritization when programs impact 1143
both agencies, or upon single agency prioritization when 1144
programs impact only one agency. The co ntinuum shall include, 1145
but not be limited to: 1146
(8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS 1147
OF HIGH-RISK CHILDREN.— 1148
(b) Child care and early childhood programs, including, 1149
but not limited to, licensed child care facilities, family child 1150
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day care homes, therapeutic child care, Head Start, and 1151
preschool programs in public and private schools. 1152
Section 22. Subsection (1) of section 1002.59, Florida 1153
Statutes, is amended to read: 1154
1002.59 Emergent literacy and performance standards 1155
training courses.— 1156
(1) The department, in collaboration with the Just Read, 1157
Florida! Office, shall adopt minimum standards for courses in 1158
emergent literacy for prekindergarten instructors. Each course 1159
must consist of 5 clock hours and provide instruction in 1160
strategies and techniques to address the age -appropriate 1161
progress of prekindergarten students in developing emergent 1162
literacy skills, including oral communication, knowledge of 1163
print and letters, phonological and phonemic awareness, 1164
vocabulary and comprehension development, and foundational 1165
background knowledge designed to correlate with the content that 1166
students will encounter in grades K -12, consistent with the 1167
evidence-based content and strategies grounded in the science of 1168
reading identified pursuant to s. 1 001.215(7). The course 1169
standards must be reviewed as part of any review of subject 1170
coverage or endorsement requirements in the elementary, reading, 1171
and exceptional student educational areas conducted pursuant to 1172
s. 1012.586. Each course must also provide r esources containing 1173
strategies that allow students with disabilities and other 1174
special needs to derive maximum benefit from the Voluntary 1175
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Prekindergarten Education Program. Successful completion of an 1176
emergent literacy training course approved under this s ection 1177
satisfies requirements for approved training in early literacy 1178
and language development under ss. 402.305(2)(e)4., 402.313(6), 1179
and 402.3131(5) ss. 402.305(2)(e)5., 402.313(6), and 1180
402.3131(5). 1181
Section 23. Paragraph (u) of subsection (2) of secti on 1182
1002.82, Florida Statutes, is amended to read: 1183
1002.82 Department of Education; powers and duties. — 1184
(2) The department shall: 1185
(u) Administer a statewide toll -free Warm-Line to provide 1186
assistance and consultation to child care facilities and family 1187
child day care homes regarding health, developmental, 1188
disability, and special needs issues of the children they are 1189
serving, particularly children with disabilities and other 1190
special needs. The department shall: 1191
1. Annually inform child care facilities and family child 1192
day care homes of the availability of this service through the 1193
child care resource and referral network under s. 1002.92. 1194
2. Expand or contract for the expansion of the Warm -Line 1195
to maintain at least one Warm -Line in each early learning 1196
coalition service area. 1197
Section 24. Paragraph (j) of subsection (4) of section 1198
1002.83, Florida Statutes, is amended to read: 1199
1002.83 Early learning coalitions. — 1200
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(4) Each early learning coalition must include the 1201
following member positions; however , in a multicounty coalition, 1202
each ex officio member position may be filled by multiple 1203
nonvoting members but no more than one voting member shall be 1204
seated per member position. If an early learning coalition has 1205
more than one member representing the same entity, only one of 1206
such members may serve as a voting member: 1207
(j) A representative of private for -profit child care 1208
providers, including private for -profit family child day care 1209
homes. 1210
Section 25. Subsection (4) of section 1002.84, Florida 1211
Statutes, is amended to read: 1212
1002.84 Early learning coalitions; school readiness powers 1213
and duties.—Each early learning coalition shall: 1214
(4) Establish a regional Warm -Line as directed by the 1215
department pursuant to s. 1002.82(2)(u). Regional Warm -Line 1216
staff shall provide onsite technical assistance, when requested, 1217
to assist child care facilities and family child day care homes 1218
with inquiries relating to the strategies, curriculum, and 1219
environmental adaptations the child care facilities and family 1220
child day care homes may need as they serve children with 1221
disabilities and other special needs. 1222
Section 26. Paragraphs (a) and (c) of subsecti on (1) of 1223
section 1002.88, Florida Statutes, are amended to read: 1224
1002.88 School readiness program provider standards; 1225
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eligibility to deliver the school readiness program. — 1226
(1) To be eligible to deliver the school readiness 1227
program, a school readiness program provider must: 1228
(a) Be a child care facility licensed under s. 402.305, a 1229
family child day care home licensed or registered under s. 1230
402.313, a large family child care home licensed under s. 1231
402.3131, a public school or nonpublic school exempt fro m 1232
licensure under s. 402.3025, a faith -based child care provider 1233
exempt from licensure under s. 402.316, a before -school or 1234
after-school program described in s. 402.305(1)(c), a child 1235
development program that is accredited by a national accrediting 1236
body and operates on a military installation that is certified 1237
by the United States Department of Defense, an informal child 1238
care provider to the extent authorized in the state's Child Care 1239
and Development Fund Plan as approved by the United States 1240
Department of Health and Human Services pursuant to 45 C.F.R. s. 1241
98.18, or a provider who has been issued a provisional license 1242
pursuant to s. 402.309. A provider may not deliver the program 1243
while holding a probation -status license under s. 402.310. 1244
(c) Provide basic health and safety of its premises and 1245
facilities and compliance with requirements for age -appropriate 1246
immunizations of children enrolled in the school readiness 1247
program. 1248
1. For a provider that is licensed, compliance with s. 1249
402.305, s. 402.3131, or s. 4 02.313 and this subsection, as 1250
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verified pursuant to s. 402.311, satisfies this requirement. 1251
2. For a provider that is a registered family child day 1252
care home or is not subject to licensure or registration by the 1253
Department of Children and Families, compl iance with this 1254
subsection, as verified pursuant to s. 402.311, satisfies this 1255
requirement. Upon verification pursuant to s. 402.311, the 1256
provider shall annually post the health and safety checklist 1257
adopted by the department prominently on its premises in plain 1258
sight for visitors and parents and shall annually submit the 1259
checklist to its local early learning coalition. 1260
3. For a child development program that is accredited by a 1261
national accrediting body and operates on a military 1262
installation that is certi fied by the United States Department 1263
of Defense, the submission and verification of annual 1264
inspections pursuant to United States Department of Defense 1265
Instructions 6060.2 and 1402.05 satisfies this requirement. 1266
Section 27. Paragraph (c) of subsection ( 2) of section 1267
1002.895, Florida Statutes, is amended to read: 1268
1002.895 Market rate schedule. —The school readiness 1269
program market rate schedule shall be implemented as follows: 1270
(2) The market rate schedule must differentiate rates by 1271
provider type, including, but not limited to: 1272
(c) Family child day care homes licensed or registered 1273
under s. 402.313. 1274
Section 28. Paragraph (a) of subsection (3) and subsection 1275
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(4) of section 1002.92, Florida Statutes, are amended to read: 1276
1002.92 Child care and ear ly childhood resource and 1277
referral.— 1278
(3) Child care resource and referral agencies shall 1279
provide the following services: 1280
(a) Identification of existing public and private child 1281
care and early childhood education services, including child 1282
care services by public and private employers, and the 1283
development of an early learning provider performance profile of 1284
those services through the single statewide information system 1285
developed by the department under s. 1002.82(2)(q). These 1286
services may include family child day care, public and private 1287
child care programs, the Voluntary Prekindergarten Education 1288
Program, Head Start, the school readiness program, special 1289
education programs for prekindergarten children with 1290
disabilities, services for children with developm ental 1291
disabilities, full-time and part-time programs, before -school 1292
and after-school programs, and vacation care programs. The early 1293
learning provider performance profile shall include, but not be 1294
limited to: 1295
1. Type of program. 1296
2. Hours of service. 1297
3. Ages of children served. 1298
4. Number of children served. 1299
5. Program information. 1300
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6. Fees and eligibility for services. 1301
7. Availability of transportation. 1302
8. Participation in the Child Care Food Program, if 1303
applicable. 1304
9. A link to licensing in spection reports, if applicable. 1305
10. The components of the Voluntary Prekindergarten 1306
Education Program performance metric calculated under s. 1002.68 1307
which must consist of the program assessment composite score, 1308
learning gains score, achievement score, a nd its designations, 1309
if applicable. 1310
11. The school readiness program assessment composite 1311
score and program assessment care level composite score results 1312
delineated by infant classrooms, toddler classrooms, and 1313
preschool classrooms results under s. 1002. 82, if applicable. 1314
12. Gold Seal Quality Care designation under s. 1002.945, 1315
if applicable. 1316
13. Indication of whether the provider implements a 1317
curriculum approved by the department and the name of the 1318
curriculum, if applicable. 1319
14. Participation in school readiness child assessment 1320
under s. 1002.82. 1321
(4) A child care facility licensed under s. 402.305 and 1322
licensed and registered family child day care homes must provide 1323
the statewide child care and resource and referral network with 1324
the following information annually: 1325
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(a) Type of program. 1326
(b) Hours of service. 1327
(c) Ages of children served. 1328
(d) Fees and eligibility for services. 1329
Section 29. Subsection (2) of section 1002.93, Florida 1330
Statutes, is amended to read: 1331
1002.93 School readiness program transportation services. — 1332
(2) The transportation servicers may only provide 1333
transportation to each child participating in the school 1334
readiness program to the extent that such transportation is 1335
necessary to provide child care opportunities that otherwise 1336
would not be available to a child whose home is more than a 1337
reasonable walking distance from the nearest child care facility 1338
or family child day care home. 1339
Section 30. Paragraph (b) of subsection (1), paragraphs 1340
(a) and (c) of subsection (3), and subsection (4) of section 1341
1002.945, Florida Statutes, are amended to read: 1342
1002.945 Gold Seal Quality Care Program. — 1343
(1) 1344
(b) A child care facili ty, large family child care home, 1345
or family child day care home that is accredited by an 1346
accrediting association approved by the Department of Education 1347
under subsection (3) and meets all other requirements shall, 1348
upon application to the department, receiv e a separate "Gold 1349
Seal Quality Care" designation. 1350
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(3)(a) In order to be approved by the Department of 1351
Education for participation in the Gold Seal Quality Care 1352
Program, an accrediting association must apply to the department 1353
and demonstrate that it: 1354
1. Is a recognized accrediting association. 1355
2. Has accrediting standards that substantially meet or 1356
exceed the Gold Seal Quality Care standards adopted by the state 1357
board under subsection (2). 1358
3. Is a registered corporation with the Department of 1359
State. 1360
4. Can provide evidence that the process for accreditation 1361
has, at a minimum, all of the following components: 1362
a. Clearly defined prerequisites that a child care 1363
provider must meet before beginning the accreditation process. 1364
However, accreditation may not be granted to a child care 1365
facility, large family child care home, or family child day care 1366
home before the site is operational and is attended by children. 1367
b. Procedures for completion of a self -study and 1368
comprehensive onsite verification process f or each classroom 1369
that documents compliance with accrediting standards. 1370
c. A training process for accreditation verifiers to 1371
ensure inter-rater reliability. 1372
d. Ongoing compliance procedures that include requiring 1373
each accredited child care facility, la rge family child care 1374
home, and family child day care home to file an annual report 1375
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with the accrediting association and risk -based, onsite auditing 1376
protocols for accredited child care facilities, large family 1377
child care homes, and family child day care homes. 1378
e. Procedures for the revocation of accreditation due to 1379
failure to maintain accrediting standards as evidenced by sub -1380
subparagraph d. or any other relevant information received by 1381
the accrediting association. 1382
f. Accreditation renewal procedures t hat include an onsite 1383
verification occurring at least every 5 years. 1384
g. A process for verifying continued accreditation 1385
compliance in the event of a transfer of ownership of 1386
facilities. 1387
h. A process to communicate issues that arise during the 1388
accreditation period with governmental entities that have a 1389
vested interest in the Gold Seal Quality Care Program, including 1390
the Department of Education, the Department of Children and 1391
Families, the Department of Health, local licensing entities if 1392
applicable, and the early learning coalition. 1393
(c) If an accrediting association has granted 1394
accreditation to a child care facility, large family child care 1395
home, or family child day care under fraudulent terms or failed 1396
to conduct onsite verifications, the accrediting a ssociation 1397
shall be liable for the repayment of any rate differentials paid 1398
under subsection (6). 1399
(4) In order to obtain and maintain a designation as a 1400
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Gold Seal Quality Care provider, a child care facility, large 1401
family child care home, or family child day care home must meet 1402
the following additional criteria: 1403
(a) The child care provider must not have had any class I 1404
violations, as defined by rule of the Department of Children and 1405
Families, within the 2 years preceding its application for 1406
designation as a Gold Seal Quality Care provider. Commission of 1407
a class I violation shall be grounds for termination of the 1408
designation as a Gold Seal Quality Care provider until the 1409
provider has no class I violations for a period of 2 years. 1410
(b) The child care prov ider must not have had three or 1411
more of the same class II violations, as defined by rule of the 1412
Department of Children and Families, within the 2 years 1413
preceding its application for designation as a Gold Seal Quality 1414
Care provider. Commission of three or m ore of the same class II 1415
violations within a 2 -year period shall be grounds for 1416
termination of the designation as a Gold Seal Quality Care 1417
provider until the provider has no class II violations that are 1418
the same for a period of 1 year. 1419
(c) The child care provider must not have been cited for 1420
the same class III violation, as defined by rule of the 1421
Department of Children and Families, three or more times and 1422
failed to correct the violation within 1 year after the date of 1423
each citation, within the 2 years pr eceding its application for 1424
designation as a Gold Seal Quality Care provider. Commission of 1425
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the same class III violation three or more times and failure to 1426
correct within the required time during a 2 -year period may be 1427
grounds for termination of the design ation as a Gold Seal 1428
Quality Care provider until the provider has no class III 1429
violations for a period of 1 year. 1430
(d) Notwithstanding paragraph (a), if the Department of 1431
Education determines through a formal process that a provider 1432
has been in business f or at least 5 years and has no other class 1433
I violations recorded, the department may recommend to the state 1434
board that the provider maintain its Gold Seal Quality Care 1435
status. The state board's determination regarding such 1436
provider's status is final. 1437
Section 31. Subsection (1) of section 1002.95, Florida 1438
Statutes, is amended to read: 1439
1002.95 Teacher Education and Compensation Helps (TEACH) 1440
Scholarship Program. — 1441
(1) The department may contract for the administration of 1442
the Teacher Education and Compe nsation Helps (TEACH) Scholarship 1443
Program, which provides educational scholarships to caregivers 1444
and administrators of early childhood programs, family child day 1445
care homes, and large family child care homes. The goal of the 1446
program is to increase the educ ation and training for 1447
caregivers, increase the compensation for child caregivers who 1448
complete the program requirements, and reduce the rate of 1449
participant turnover in the field of early childhood education. 1450
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Section 32. This act shall take effect July 1, 2025. 1451