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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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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
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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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
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 shall also adopt by rule a definition 119
for child care which distinguishes between child car e programs 120
that require child care licensure and after -school programs that 121
do not require licensure. Notwithstanding any other provision of 122
law to the contrary, minimum child care licensing standards 123
shall be developed to provide for reasonable, affordabl e, and 124
safe before-school and after-school care. After-school programs 125
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that otherwise meet the criteria for exclusion from licensure 126
may provide snacks and meals through the federal Afterschool 127
Meal Program (AMP) administered by the Department of Health in 128
accordance with federal regulations and standards. The 129
Department of Health shall consider meals to be provided through 130
the AMP only if the program is actively participating in the 131
AMP, is in good standing with the department, and the meals meet 132
AMP requirements. Standards, at a minimum, shall allow for a 133
credentialed director to supervise multiple before -school and 134
after-school sites. 135
(2) PERSONNEL.—Minimum standards for child care personnel 136
shall include minimum requirements as to: 137
(a) Good moral character based upon screening as defined 138
in s. 402.302(15). This screening shall be conducted as provided 139
in chapter 435, using the level 2 standards for screening 140
provided set forth in that chapter, and include employment 141
history checks, a search of crimina l history records, sexual 142
predator and sexual offender registries, and child abuse and 143
neglect registry of any state in which the current or 144
prospective child care personnel resided during the preceding 5 145
years. The department shall complete the screening and provide 146
the results to the child care facility within 3 business days 147
from the receipt of the criminal history record check. If the 148
department is unable to complete the screening within 3 business 149
days, the department shall issue the current or prospec tive 150
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child care personnel a 45 -day provisional-hire status while all 151
required information is being requested and the department is 152
awaiting results unless the department has reason to believe a 153
disqualifying factor may exist. During the 45 -day period, the 154
current or prospective child care personnel must be under the 155
direct supervision of a screened and trained staff member when 156
in contact with children. 157
(e) Minimum training requirements for child care 158
personnel. 159
1. Such minimum standards for training sh all ensure that 160
all child care personnel take an approved 40 -clock-hour 161
introductory course in child care, which course covers at least 162
the following topic areas: 163
a. State and local rules and regulations which govern 164
child care. 165
b. Health, safety, and nutrition. 166
c. Identifying and reporting child abuse and neglect. 167
d. Child development, including typical and atypical 168
language, cognitive, motor, social, and self -help skills 169
development. 170
e. Observation of developmental behaviors, including using 171
a checklist or other similar observation tools and techniques to 172
determine the child's developmental age level. 173
f. Specialized areas, including computer technology for 174
professional and classroom use and early literacy and language 175
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development of children fr om birth to 5 years of age, as 176
determined by the department, for owner -operators and child care 177
personnel of a child care facility. 178
g. Developmental disabilities, including autism spectrum 179
disorder and Down syndrome, and early identification, use of 180
available state and local resources, classroom integration, and 181
positive behavioral supports for children with developmental 182
disabilities. 183
h. Online training coursework, provided at no cost by the 184
department, to meet minimum training standards for child care 185
personnel. 186
187
Within 90 days after employment, child care personnel shall 188
begin training to meet the training requirements. Child care 189
personnel shall successfully complete such training within 1 190
year after the date on which the training began, as evidenced by 191
passage of an in-person or online a competency examination. 192
Successful completion of the 40 -clock-hour introductory course 193
shall articulate into community college credit in early 194
childhood education, pursuant to ss. 1007.24 and 1007.25. 195
Exemption from all or a portion of the required training shall 196
be granted to child care personnel based upon educational 197
credentials or passage of competency examinations. Child care 198
personnel possessing a 2 -year degree or higher that includes 6 199
college credit hours in e arly childhood development or child 200
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growth and development, or a child development associate 201
credential or an equivalent state -approved child development 202
associate credential, or a child development associate waiver 203
certificate shall be automatically exemp ted from the training 204
requirements in sub-subparagraphs b., d., and e. 205
2. The introductory course in child care shall stress, to 206
the extent possible, an interdisciplinary approach to the study 207
of children. 208
2.3. The introductory course shall cover recog nition and 209
prevention of shaken baby syndrome; prevention of sudden infant 210
death syndrome; recognition and care of infants and toddlers 211
with developmental disabilities, including autism spectrum 212
disorder and Down syndrome; and early childhood brain 213
development within the topic areas identified in this paragraph. 214
3.4. On an annual basis in order to further their child 215
care skills and, if appropriate, administrative skills, child 216
care personnel who have fulfilled the requirements for the child 217
care training shall be required to take an additional 1 218
continuing education unit of approved inservice training, or 10 219
clock hours of equivalent training, as determined by the 220
department. 221
4.5. Child care personnel shall be required to complete 222
0.5 continuing education unit of approved training or 5 clock 223
hours of equivalent training, as determined by the department, 224
in early literacy and language development of children from 225
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birth to 5 years of age one time. The year that this training is 226
completed, it shall fulfill the 0.5 continuing education unit or 227
5 clock hours of the annual training required in subparagraph 3. 228
4. 229
5.6. Procedures for ensuring the training of qualified 230
child care professionals to provide training of child care 231
personnel, including onsite training, shall be included in the 232
minimum standards. It is recommended that the state community 233
child care coordination agencies (central agencies) be 234
contracted by the department to coor dinate such training when 235
possible. Other district educational resources, such as 236
community colleges and career programs, can be designated in 237
such areas where central agencies may not exist or are 238
determined not to have the capability to meet the coordina tion 239
requirements set forth by the department. 240
6.7. Training requirements do shall not apply to certain 241
occasional or part-time support staff, including, but not 242
limited to, swimming instructors, piano teachers, dance 243
instructors, and gymnastics instruct ors. 244
7.8. The child care operator shall be required to take 245
basic training in serving children with disabilities within 5 246
years after employment, either as a part of the introductory 247
training or the annual 8 hours of inservice training. 248
(f) Periodic health examinations for child care facility 249
drivers. 250
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(7) SANITATION AND SAFETY. — 251
(a) Minimum standards must shall include requirements for 252
sanitary and safety conditions, first aid treatment, emergency 253
procedures, and pediatric cardiopulmonary resuscitat ion. The 254
minimum standards must shall require that at least one staff 255
person trained in person in cardiopulmonary resuscitation, as 256
evidenced by current documentation of course completion, must be 257
present at all times that children are present. 258
(c) Some type of communications system, such as a pocket 259
pager or beeper, shall be provided to a parent whose child is in 260
drop-in child care to ensure the immediate return of the parent 261
to the child, if necessary. 262
(9) ADMISSIONS AND RECORDKEEPING. — 263
(a) Minimum standards shall include requirements for 264
preadmission and periodic health examinations, requirements for 265
immunizations, and requirements for maintaining emergency 266
information and health records on all children. 267
(b) During the months of August and September of each 268
year, each child care facility shall provide parents of children 269
enrolled in the facility detailed information regarding the 270
causes, symptoms, and transmission of the influenza virus in an 271
effort to educate those parents regarding the imp ortance of 272
immunizing their children against influenza as recommended by 273
the Advisory Committee on Immunization Practices of the Centers 274
for Disease Control and Prevention. 275
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(c) During the months of April and September of each year, 276
at a minimum, each fac ility shall provide parents of children 277
enrolled in the facility information regarding the potential for 278
a distracted adult to fail to drop off a child at the facility 279
and instead leave the child in the adult's vehicle upon arrival 280
at the adult's destinati on. The child care facility shall also 281
give parents information about resources with suggestions to 282
avoid this occurrence. The department shall develop a flyer or 283
brochure with this information that shall be posted to the 284
department's website, which child care facilities may choose to 285
reproduce and provide to parents to satisfy the requirements of 286
this paragraph. 287
(b)(d) Because of the nature and duration of drop -in child 288
care, requirements for preadmission and periodic health 289
examinations and requirements for medically signed records of 290
immunization required for child care facilities shall not apply. 291
A parent of a child in drop -in child care shall, however, be 292
required to attest to the child's health condition and the type 293
and current status of the child's immunizations. 294
(c)(e) Any child shall be exempt from medical or physical 295
examination or medical or surgical treatment upon written 296
request of the parent or guardian of such child who objects to 297
the examination and treatment. However, the laws, rules, an d 298
regulations relating to contagious or communicable diseases and 299
sanitary matters shall not be violated because of any exemption 300
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from or variation of the health and immunization minimum 301
standards. 302
(13) PLAN OF ACTIVITIES. —Minimum standards shall ensure 303
that each child care facility has and implements a written plan 304
for the daily provision of varied activities and active and 305
quiet play opportunities appropriate to the age of the child. 306
The written plan must include a program, to be implemented 307
periodically for children of an appropriate age, which will 308
assist the children in preventing and avoiding physical and 309
mental abuse. 310
(17) SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF 311
MILDLY ILL CHILDREN. —Minimum standards shall be developed by the 312
department, in conjunction with the Department of Health, for 313
specialized child care facilities for the care of mildly ill 314
children. The minimum standards shall address the following 315
areas: personnel requirements; staff -to-child ratios; staff 316
training and credentials ; health and safety; physical facility 317
requirements, including square footage; client eligibility, 318
including a definition of "mildly ill children"; sanitation and 319
safety; admission and recordkeeping; dispensing of medication; 320
and a schedule of activities. 321
(18) TRANSFER OF OWNERSHIP. — 322
(a) One week before prior to the transfer of ownership of 323
a child care facility or family child day care home, the 324
transferor shall notify the parent or caretaker of each child of 325
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the impending transfer. 326
Section 3. Subsections (1) and (3) of section 402.306, 327
Florida Statutes, are amended to read: 328
402.306 Designation of licensing agency; dissemination by 329
the department and local licensing agency of information on 330
child care.— 331
(1)(a) Any county whose licensing standard s meet or exceed 332
state minimum standards may: 333
1.(a) Designate a local licensing agency to license child 334
care facilities in the county; or 335
2.(b) Contract with the department to delegate the 336
administration of state minimum standards in the county to the 337
department. 338
(b) The decision to designate a local licensing agency 339
under subparagraph (a)1. must be annually affirmed by a majority 340
vote of the county commission. 341
(3) The department and local licensing agencies, or the 342
designees thereof, shall be respo nsible for coordination and 343
dissemination of information on child care to the community and 344
shall make available through electronic means all licensing 345
standards and procedures, health and safety standards for school 346
readiness providers, monitoring and ins pection reports, and the 347
names and addresses of licensed child care facilities, school 348
readiness program providers, and, where applicable pursuant to 349
s. 402.313, licensed or registered family child day care homes. 350
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This information shall also include the nu mber of deaths, 351
serious injuries, and instances of substantiated child abuse 352
that have occurred in child care settings each year; research 353
and best practices in child development; and resources regarding 354
social-emotional development, parent and family enga gement, 355
healthy eating, and physical activity. 356
Section 4. Section 402.3115, Florida Statutes, is amended 357
to read: 358
402.3115 Elimination of duplicative and unnecessary 359
inspections; abbreviated inspections. — 360
(1) The Department of Children and Families and local 361
governmental agencies that license child care facilities shall 362
develop and implement a plan to eliminate duplicative and 363
unnecessary inspections of child care facilities , family child 364
care homes, and large family child care homes . 365
(2)(a) In addition, The department and the local 366
governmental agencies shall develop and implement an abbreviated 367
inspection plan for child care facilities , family child care 368
homes, and large family child care homes that meet all of the 369
following conditions: 370
1. Have been licensed for at least 2 consecutive years. 371
2. Have had no Class 1 or Class 2 deficiencies, as defined 372
by rule, for at least 2 consecutive years . 373
3. Have received at least two full onsite renewal 374
inspections in the most recent 2 years. 375
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4. Do not have any current uncorrected violations. 376
5. Do not have any open regulatory complaints or active 377
child protective services investigations . 378
(b) The abbreviated inspection must include those elements 379
identified by the department and the local government al agencies 380
as being key indicators of whether the child care facility 381
continues to provide quality care and programming and must be 382
updated every 5 years . 383
(3) The department shall revise the plan under subsection 384
(1) as necessary to maintain the validit y and effectiveness of 385
inspections. 386
Section 5. Section 402.313, Florida Statutes, is amended 387
to read: 388
402.313 Family child day care homes.— 389
(1) Family child day care homes shall be licensed under 390
this act if they are presently being licensed under an existing 391
county licensing ordinance or if the board of county 392
commissioners passes a resolution that family child day care 393
homes be licensed. 394
(a) If not subject to license, family child day care homes 395
shall register annually with the department, providing the 396
following information: 397
1. The name and address of the home. 398
2. The name of the operator. 399
3. The number of children served. 400
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4. Proof of a written plan to provide at least one oth er 401
competent adult to be available to substitute for the operator 402
in an emergency. This plan shall include the name, address, and 403
telephone number of the designated substitute. 404
5. Proof of screening and background checks. 405
6. Proof of successful complet ion of the 30-hour training 406
course, as evidenced by passage of a competency examination, 407
which shall include: 408
a. State and local rules and regulations that govern child 409
care. 410
b. Health, safety, and nutrition. 411
c. Identifying and reporting child abuse and neglect. 412
d. Child development, including typical and atypical 413
language development; and cognitive, motor, social, and self -414
help skills development. 415
e. Observation of developmental behaviors, including using 416
a checklist or other similar observation tools and techniques to 417
determine a child's developmental level. 418
f. Specialized areas, including early literacy and 419
language development of children from birth to 5 years of age, 420
as determined by the department, for owner -operators of family 421
child day care homes. 422
7. Proof that immunization records are kept current. 423
7.8. Proof of completion of the required continuing 424
education units or clock hours. 425
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(b) Operators of registered family child care homes shall 426
annually complete a health and safety home in spection self-427
evaluation checklist developed by the department in conjunction 428
with the statewide resource and referral program. The completed 429
checklist shall be signed by the operator of the family child 430
care home and provided to parents as certification t hat basic 431
health and safety standards are being met. 432
(c)(b) A registered family child day care home may 433
volunteer to be licensed under this act. 434
(d)(c) The department may provide technical assistance to 435
counties and family child day care home providers to enable 436
counties and family child day care providers to achieve 437
compliance with family child day care homes standards. 438
(2) This information shall be included in a directory to 439
be published annually by the department to inform the public of 440
available child care facilities. 441
(3) Child care personnel in family child day care homes 442
shall be subject to the applicable screening provisions 443
contained in ss. 402.305(2) and 402.3055. For purposes of 444
screening child care personnel in family child day care homes, 445
the term "child care personnel" includes any member of a family 446
child care home operator's family over the age of 12 years of 447
age or older a family day care home operator's family , or any 448
persons over the age of 12 years of age or older residing with 449
the operator in the family child day care home. Members of the 450
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operator's family, or persons residing with the operator, who 451
are between the ages of 12 years and 18 years , inclusive shall 452
not be required to be fingerprinted, but shall be screened f or 453
delinquency records. 454
(4) Operators of family child day care homes must 455
successfully complete an approved 30 -clock-hour introductory 456
course in child care, as evidenced by passage of a competency 457
examination, before caring for children. 458
(5) In order to further develop their child care skills 459
and, if appropriate, their administrative skills, operators of 460
family child day care homes shall be required to complete an 461
additional 1 continuing education unit of approved training or 462
10 clock hours of equivalen t training, as determined by the 463
department, annually. 464
(6) Operators of family child day care homes shall be 465
required to complete 0.5 continuing education unit of approved 466
training in early literacy and language development of children 467
from birth to 5 years of age one time. The year that this 468
training is completed, it shall fulfill the 0.5 continuing 469
education unit or 5 clock hours of the annual training required 470
in subsection (5). 471
(7) Operators of family day care homes shall be required 472
annually to complete a health and safety home inspection self -473
evaluation checklist developed by the department in conjunction 474
with the statewide resource and referral program. The completed 475
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checklist shall be signed by the operator of the family day care 476
home and provided to parents as certification that basic health 477
and safety standards are being met. 478
(7)(8) Family child day care home operators may avail 479
themselves of supportive services offered by the department. 480
(8)(9) The department shall prepare a brochure on fam ily 481
child day care for distribution by the department and by local 482
licensing agencies, if appropriate, to family child day care 483
homes for distribution to parents utilizing such child care, and 484
to all interested persons, including physicians and other healt h 485
professionals; mental health professionals; school teachers or 486
other school personnel; social workers or other professional 487
child care, foster care, residential, or institutional workers; 488
and law enforcement officers. The brochure shall, at a minimum, 489
contain the following information: 490
(a) A brief description of the requirements for family 491
child day care registration, training, and fingerprinting and 492
screening. 493
(b) A listing of those counties that require licensure of 494
family child day care homes. Such counties shall provide an 495
addendum to the brochure that provides a brief description of 496
the licensure requirements or may provide a brochure in lieu of 497
the one described in this subsection, provided it contains all 498
the required information on licensure an d the required 499
information in the subsequent paragraphs. 500
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(c) A statement indicating that information about the 501
family child day care home's compliance with applicable state or 502
local requirements can be obtained by telephoning the department 503
office or the office of the local licensing agency, if 504
appropriate, at a telephone number or numbers which shall be 505
affixed to the brochure. 506
(d) The statewide toll -free telephone number of the 507
central abuse hotline, together with a notice that reports of 508
suspected and actual child physical abuse, sexual abuse, and 509
neglect are received and referred for investigation by the 510
hotline. 511
(e) Any other information relating to competent child care 512
that the department or local licensing agency, if preparing a 513
separate brochure, deems would be helpful to parents and other 514
caretakers in their selection of a family child day care home. 515
(9)(10) On an annual basis, the department shall evaluate 516
the registration and licensure system for family child day care 517
homes. Such evaluati on shall, at a minimum, address the 518
following: 519
(a) The number of family child day care homes registered 520
and licensed and the dates of such registration and licensure. 521
(b) The number of children being served in both registered 522
and licensed family child day care homes and any available slots 523
in such homes. 524
(c) The number of complaints received concerning family 525
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child day care, the nature of the complaints, and the resolution 526
of such complaints. 527
(d) The training activities utilized by child care 528
personnel in family child day care homes for meeting the state 529
or local training requirements. 530
531
The evaluation shall be utilized by the department in any 532
administrative modifications or adjustments to be made in the 533
registration of family child day care homes or in any 534
legislative requests for modifications to the system of 535
registration or to other requirements for family child day care 536
homes. 537
(11) In order to inform the public of the state 538
requirement for registration of family day care homes as well as 539
the other requirements for such homes to legally operate in the 540
state, the department shall institute a media campaign to 541
accomplish this end. Such a campaign shall include, at a 542
minimum, flyers, newspaper advertisements, radio advertisements, 543
and television advertisements. 544
(10)(12) Notwithstanding any other state or local law or 545
ordinance, any family child day care home licensed pursuant to 546
this chapter or pursuant to a county ordinance shall be charged 547
the utility rates accorded to a residential home. A licensed 548
family child day care home may not be charged commercial utility 549
rates. 550
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(11)(13) The department shall, by rule, establish minimum 551
standards for family child day care homes that are required to 552
be licensed by county licensing ordinance o r county licensing 553
resolution or that voluntarily choose to be licensed. The 554
standards should include requirements for staffing, training, 555
maintenance of immunization records, minimum health and safety 556
standards, reduced standards for the regulation of chi ld care 557
during evening hours by municipalities and counties, and 558
enforcement of standards. 559
(14) During the months of August and September of each 560
year, each family day care home shall provide parents of 561
children enrolled in the home detailed information regarding the 562
causes, symptoms, and transmission of the influenza virus in an 563
effort to educate those parents regarding the importance of 564
immunizing their children against influenza as recommended by 565
the Advisory Committee on Immunization Practices of the Centers 566
for Disease Control and Prevention. 567
(15) During the months of April and September of each 568
year, at a minimum, each family day care home shall provide 569
parents of children attending the family day care home 570
information regarding the potential for a distracted adult to 571
fail to drop off a child at the family day care home and instead 572
leave the child in the adult's vehicle upon arrival at the 573
adult's destination. The family day care home shall also give 574
parents information about resources with suggesti ons to avoid 575
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this occurrence. The department shall develop a flyer or 576
brochure with this information that shall be posted to the 577
department's website, which family day care homes may choose to 578
reproduce and provide to parents to satisfy the requirements of 579
this subsection. 580
Section 6. Subsections (1), (6), (9), and (10) of section 581
402.3131, Florida Statutes, are amended to read: 582
402.3131 Large family child care homes. — 583
(1) Large family child care homes shall be licensed under 584
this section. 585
(a) A licensed family child day care home must first have 586
operated for a minimum of 2 consecutive years, with an operator 587
who has had a child development associate credential or its 588
equivalent for 1 year, before seeking licensure as a large 589
family child care home. 590
(b) The department may provide technical assistance to 591
counties and family child day care home providers to enable the 592
counties and providers to achieve compliance with minimum 593
standards for large family child care homes. 594
(6) The department shall prep are a brochure on large 595
family child care homes for distribution to the general public. 596
(9) During the months of August and September of each 597
year, each large family child care home shall provide parents of 598
children enrolled in the home detailed informat ion regarding the 599
causes, symptoms, and transmission of the influenza virus in an 600
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effort to educate those parents regarding the importance of 601
immunizing their children against influenza as recommended by 602
the Advisory Committee on Immunization Practices of the Centers 603
for Disease Control and Prevention. 604
(10) During the months of April and September of each 605
year, at a minimum, each large family child care home shall 606
provide parents of children attending the large family child 607
care home information regarding the potential for a distracted 608
adult to fail to drop off a child at the large family child care 609
home and instead leave the child in the adult's vehicle upon 610
arrival at the adult's destination. The large family child care 611
home shall also give parents infor mation about resources with 612
suggestions to avoid this occurrence. The department shall 613
develop a flyer or brochure with this information that shall be 614
posted to the department's website, which large family child 615
care homes may choose to reproduce and provi de to parents to 616
satisfy the requirements of this subsection. 617
Section 7. Section 402.316, Florida Statutes, is amended 618
to read: 619
402.316 Exemptions. — 620
(1) The provisions of ss. 402.301 -402.319, except for the 621
requirements regarding screening of child care personnel, do 622
shall not apply to a child care facility which is an integral 623
part of church or parochial schools , or a child care facility 624
that solely provides child care to eligible children as defined 625
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in s. 402.261(1)(c), conducting regularly schedu led classes, 626
courses of study, or educational programs accredited by, or by a 627
member of, an organization which publishes and requires 628
compliance with its standards for health, safety, and 629
sanitation. However, such facilities shall meet minimum 630
requirements of the applicable local governing body as to 631
health, sanitation, and safety and shall meet the screening 632
requirements pursuant to ss. 402.305 and 402.3055. Failure by a 633
facility to comply with such screening requirements shall result 634
in the loss of the fa cility's exemption from licensure. 635
(2) The provisions of ss. 402.301 -402.319 do not apply to 636
a child care facility or family child care home if the child 637
care facility or family child care home has a certificate issued 638
by the United States Department of Defense or by the United 639
States Coast Guard to provide child care and has completed 640
background screening by the United States Department of Defense 641
pursuant to 34 U.S.C. s. 20351 and 32 C.F.R. part 86 and 642
received a favorable suitability and fitness determ ination. If 643
the child care facility or family child care home elects to 644
serve children ineligible for care under the Department of 645
Defense Instruction 6060.02, the child care facility or family 646
child care home must be licensed under chapter 402. 647
(3)(2) Any county or city with state or local child care 648
licensing programs in existence on July 1, 1974, will continue 649
to license the child care facility facilities as covered by such 650
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programs, notwithstanding the exemption under provisions of 651
subsection (1), desiring to be licensed, is authorized to do so 652
by submitting an application to the department or local 653
licensing agency pursuant to s. 402.308(4) until and unless the 654
licensing agency makes a determination to exempt them . 655
(4)(3) The department and the local licensing agency 656
pursuant to s. 402.308(4) shall adopt rules to administer and 657
implement the this section, including, but not limited to, any 658
assessments of previous licensure history Any child care 659
facility covered by the exemption provisions of sub section (1), 660
but desiring to be included in this act, is authorized to do so 661
by submitting notification to the department. Once licensed, 662
such facility cannot withdraw from the act and continue to 663
operate. 664
Section 8. Section 627.70161, Florida Statutes , is amended 665
to read: 666
627.70161 Family child day care and large family child 667
care insurance.— 668
(1) PURPOSE AND INTENT. —The Legislature recognizes that 669
family child day care and large family child care homes fulfill 670
a vital role in providing child care in Florida. It is the 671
intent of the Legislature that residential property insurance 672
coverage should not be canceled, denied, or nonrenewed solely on 673
the basis of the child care family day care services at the 674
residence. The Legislature also recognizes that the potential 675
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liability of residential property insurers is substantially 676
increased by the rendition of child care services on the 677
premises. The Legislature therefore finds that there is a public 678
need to specify that contractual liabilities that arise in 679
connection with the operation of the family child day care home 680
or the large family child care home are excluded from 681
residential property insurance policies unless they are 682
specifically included in such coverage. 683
(2) DEFINITIONS.—As used in this section, the term: 684
(a) "Child care" means the care, protection, and 685
supervision of a child, for a period of less than 24 hours a day 686
on a regular basis, which supplements parental care, enrichment, 687
and health supervision for the child, in accordance with his or 688
her individual needs, and for which a payment, fee, or grant is 689
made for care. 690
(b) "Family child day care home" means an occupied 691
residence in which child care is regularly provided for children 692
from at least two unrelated families and which receives a 693
payment, fee, or grant for any of the children receiving care, 694
whether or not operated for a profit. 695
(c) "Large family child care home" means an occupied 696
residence in which child care is regularly provi ded for children 697
from at least two unrelated families, which receives a payment, 698
fee, or grant for any of the children receiving care, regardless 699
of whether operated for profit, and which has at least two full -700
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time child care personnel on the premises duri ng the hours of 701
operation. One of the two full -time child care personnel must be 702
the owner or occupant of the residence. A large family child 703
care home must first have operated as a licensed family child 704
care home for at least 2 years, with an operator who has held a 705
child development associate credential or its equivalent for at 706
least 1 year, before seeking licensure as a large family child 707
care home. Household children under 13 years of age, when on the 708
premises of the large family child care home or on a field trip 709
with children enrolled in child care, must be included in the 710
overall capacity of the licensed home. A large family child care 711
home may provide care for one of the following groups of 712
children, which must include household children under 13 yea rs 713
of age: 714
1. A maximum of eight children from birth to 24 months of 715
age. 716
2. A maximum of 12 children, with no more than four 717
children under 24 months of age. 718
(3) FAMILY CHILD DAY CARE AND LARGE FAMILY CHILD CARE 719
HOMES; COVERAGE.—A residential proper ty insurance policy may 720
shall not provide coverage for liability for claims arising out 721
of, or in connection with, the operation of a family child day 722
care home or a large family child care home , and the insurer 723
shall be under no obligation to defend again st lawsuits covering 724
such claims, unless: 725
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(a) Specifically covered in a policy; or 726
(b) Covered by a rider or endorsement for business 727
coverage attached to a policy. 728
(4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED. —An 729
insurer may not deny, cance l, or refuse to renew a policy for 730
residential property insurance solely on the basis that the 731
policyholder or applicant operates a family child day care home 732
or a large family child care home . In addition to other lawful 733
reasons for refusing to insure, an insurer may deny, cancel, or 734
refuse to renew a policy of a family child day care home or a 735
large family child care home provider if one or more of the 736
following conditions occur: 737
(a) The policyholder or applicant provides care for more 738
children than authorized for family day care homes by s. 739
402.302; 740
(b) The policyholder or applicant fails to maintain a 741
separate commercial liability policy or an endorsement providing 742
liability coverage for the family child day care home or the 743
large family child care h ome operations; 744
(c) The policyholder or applicant fails to comply with the 745
applicable family day care home licensure and registration 746
requirements specified in chapter 402 s. 402.313; or 747
(d) Discovery of willful or grossly negligent acts or 748
omissions or any violations of state laws or regulations 749
establishing safety standards for family child day care homes or 750
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large family child care homes by the named insured or his or her 751
representative which materially increase any of the risks 752
insured. 753
Section 9. Paragraph (a) of subsection (2) of section 754
39.202, Florida Statutes, is amended to read: 755
39.202 Confidentiality of reports and records in cases of 756
child abuse or neglect; exception. — 757
(2) Except as provided in subsection (4), access to such 758
records, excluding the name of, or other identifying information 759
with respect to, the reporter which may only be released as 760
provided in subsection (5), may only be granted to the following 761
persons, officials, and agencies: 762
(a) Employees, authorized agents, or con tract providers of 763
the department, the Department of Health, the Agency for Persons 764
with Disabilities, the Agency for Health Care Administration, 765
the Department of Education, or county agencies responsible for 766
carrying out: 767
1. Child or adult protective i nvestigations; 768
2. Ongoing child or adult protective services; 769
3. Early intervention and prevention services; 770
4. Healthy Start services; 771
5. Licensure or approval of adoptive homes, foster homes, 772
child care facilities, facilities licensed under chapt ers 393 773
and 394, family child day care homes, providers who receive 774
school readiness funding under part VI of chapter 1002, or other 775
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homes used to provide for the care and welfare of children; 776
6. Employment screening for caregivers in residential 777
group homes and facilities licensed under chapters 393, 394, and 778
409; or 779
7. Services for victims of domestic violence when provided 780
by certified domestic violence centers working at the 781
department's request as case consultants or with shared clients. 782
783
Also, employees or agents of the Department of Juvenile Justice 784
responsible for the provision of services to children, pursuant 785
to chapters 984 and 985. 786
Section 10. Section 125.0109, Florida Statutes, is amended 787
to read: 788
125.0109 Family child day care homes; local zoning 789
regulation.—The operation of a residence as a family child day 790
care home, as defined by law, registered or licensed with the 791
Department of Children and Families shall constitute a valid 792
residential use for purposes of any local zo ning regulations, 793
and no such regulation shall require the owner or operator of 794
such family child day care home to obtain any special exemption 795
or use permit or waiver, or to pay any special fee in excess of 796
$50, to operate in an area zoned for residential use. 797
Section 11. Section 166.0445, Florida Statutes, is amended 798
to read: 799
166.0445 Family child day care homes; local zoning 800
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regulation.—The operation of a residence as a family child day 801
care home, as defined by law, registered or licensed with the 802
Department of Children and Families shall constitute a valid 803
residential use for purposes of any local zoning regulations, 804
and no such regulation shall require the owner or operator of 805
such family child day care home to obtain any special exemption 806
or use permit or waiver, or to pay any special fee in excess of 807
$50, to operate in an area zoned for residential use. 808
Section 12. Paragraph (j) of subsection (7) of section 809
212.08, Florida Statutes, is amended to read: 810
212.08 Sales, rental, use, consumption , distribution, and 811
storage tax; specified exemptions. —The sale at retail, the 812
rental, the use, the consumption, the distribution, and the 813
storage to be used or consumed in this state of the following 814
are hereby specifically exempt from the tax imposed by this 815
chapter. 816
(7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 817
entity by this chapter do not inure to any transaction that is 818
otherwise taxable under this chapter when payment is made by a 819
representative or employee of the entity by any means, 820
including, but not limited to, cash, check, or credit card, even 821
when that representative or employee is subsequently reimbursed 822
by the entity. In addition, exemptions provided to any entity by 823
this subsection do not inure to any transaction that is 824
otherwise taxable under this chapter unless the entity has 825
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obtained a sales tax exemption certificate from the department 826
or the entity obtains or provides other documentation as 827
required by the department. Eligible purchases or leases made 828
with such a certificate must be in strict compliance with this 829
subsection and departmental rules, and any person who makes an 830
exempt purchase with a certificate that is not in strict 831
compliance with this subsection and the rules is liable for and 832
shall pay the tax. The departmen t may adopt rules to administer 833
this subsection. 834
(j) Household fuels. —Also exempt from payment of the tax 835
imposed by this chapter are sales of utilities to residential 836
households or owners of residential models in this state by 837
utility companies who pay the gross receipts tax imposed under 838
s. 203.01, and sales of fuel to residential households or owners 839
of residential models, including oil, kerosene, liquefied 840
petroleum gas, coal, wood, and other fuel products used in the 841
household or residential model fo r the purposes of heating, 842
cooking, lighting, and refrigeration, regardless of whether such 843
sales of utilities and fuels are separately metered and billed 844
direct to the residents or are metered and billed to the 845
landlord. If any part of the utility or fuel is used for a 846
nonexempt purpose, the entire sale is taxable. The landlord 847
shall provide a separate meter for nonexempt utility or fuel 848
consumption. For the purposes of this paragraph, licensed family 849
child day care homes shall also be exempt. 850
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Section 13. Subsections (3), (8), (9), and (11) of section 851
402.302, Florida Statutes, are amended to read: 852
402.302 Definitions. —As used in this chapter, the term: 853
(3) "Child care personnel" means all owners, operators, 854
employees, and volunteers working in a ch ild care facility. The 855
term does not include persons who work in a child care facility 856
after hours when children are not present or parents of children 857
in a child care facility. For purposes of screening, the term 858
includes any member, over the age of 12 ye ars, of a child care 859
facility operator's family, or person, over the age of 12 years, 860
residing with a child care facility operator if the child care 861
facility is located in or adjacent to the home of the operator 862
or if the family member of, or person residi ng with, the child 863
care facility operator has any direct contact with the children 864
in the facility during its hours of operation. Members of the 865
operator's family or persons residing with the operator who are 866
between the ages of 12 years and 18 years are n ot required to be 867
fingerprinted but must be screened for delinquency records. For 868
purposes of screening, the term also includes persons who work 869
in child care programs that provide care for children 15 hours 870
or more each week in public or nonpublic schools , family child 871
day care homes, membership organizations under s. 402.301, or 872
programs otherwise exempted under s. 402.316. The term does not 873
include public or nonpublic school personnel who are providing 874
care during regular school hours, or after hours for activities 875
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related to a school's program for grades kindergarten through 876
12. A volunteer who assists on an intermittent basis for less 877
than 10 hours per month is not included in the term "personnel" 878
for the purposes of screening and training if a person w ho meets 879
the screening requirement of s. 402.305(2) is always present and 880
has the volunteer in his or her line of sight. Students who 881
observe and participate in a child care facility as a part of 882
their required coursework are not considered child care 883
personnel, provided such observation and participation are on an 884
intermittent basis and a person who meets the screening 885
requirement of s. 402.305(2) is always present and has the 886
student in his or her line of sight. 887
(8) "Family child day care home" means an occupied 888
residence in which child care is regularly provided for children 889
from at least two unrelated families and which receives a 890
payment, fee, or grant for any of the children receiving care, 891
whether or not operated for profit. Household children under 13 892
years of age, when on the premises of the family child day care 893
home or on a field trip with children enrolled in child care, 894
shall be included in the overall capacity of the licensed home. 895
A family child day care home shall be allowed to provide care 896
for one of the following groups of children, which shall include 897
household children under 13 years of age: 898
(a) A maximum of four children from birth to 12 months of 899
age. 900
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(b) A maximum of three children from birth to 12 months of 901
age, and other children , for a maximum total of six children. 902
(c) A maximum of six preschool children if all are older 903
than 12 months of age. 904
(d) A maximum of 10 children if no more than 5 are 905
preschool age and, of those 5, no more than 2 are under 12 906
months of age. 907
(9) "Household children" means children who are related by 908
blood, marriage, or legal adoption to, or who are the legal 909
wards of, the family child day care home operator, the large 910
family child care home operator, or an adult household member 911
who permanently or t emporarily resides in the home. Supervision 912
of the operator's household children shall be left to the 913
discretion of the operator unless those children receive 914
subsidized child care through the school readiness program 915
pursuant to s. 1002.92 to be in the ho me. 916
(11) "Large family child care home" means an occupied 917
residence in which child care is regularly provided for children 918
from at least two unrelated families, which receives a payment, 919
fee, or grant for any of the children receiving care, whether or 920
not operated for profit, and which has at least two full -time 921
child care personnel on the premises during the hours of 922
operation. One of the two full -time child care personnel must be 923
the owner or occupant of the residence. A large family child 924
care home must first have operated as a licensed family child 925
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day care home for 2 years, with an operator who has had a child 926
development associate credential or its equivalent for 1 year, 927
before seeking licensure as a large family child care home. 928
Household children u nder 13 years of age, when on the premises 929
of the large family child care home or on a field trip with 930
children enrolled in child care, shall be included in the 931
overall capacity of the licensed home. A large family child care 932
home shall be allowed to provi de care for one of the following 933
groups of children, which shall include household children under 934
13 years of age: 935
(a) A maximum of 8 children from birth to 24 months of 936
age. 937
(b) A maximum of 12 children, with no more than 4 children 938
under 24 months of age. 939
Section 14. Subsections (1) and (2) and paragraph (a) of 940
subsection (3) of section 402.309, Florida Statutes, are amended 941
to read: 942
402.309 Provisional license or registration. — 943
(1) The local licensing agency or the department, 944
whichever is authorized to license child care facilities in a 945
county, may issue a provisional license for child care 946
facilities, family child day care homes, or large family child 947
care homes, or a provisional registration for family child day 948
care homes to applicants for an initial license or registration 949
or to licensees or registrants seeking a renewal who are unable 950
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to meet all the standards provided for in ss. 402.301 -402.319. 951
(2) A provisional license or registration may not be 952
issued unless the operator or owner makes adequate provisions 953
for the health and safety of the child. A provisional license 954
may be issued for a child care facility if all of the screening 955
materials have been timely submitted. A provisional license or 956
registration may not be issued unless the child care facility, 957
family child day care home, or large family child care home is 958
in compliance with the requirements for screening of child care 959
personnel in ss. 402.305, 402.3055, 402.313, and 402.3131, 960
respectively. 961
(3) Notwithstanding subsection (2), a local licensing 962
agency or the department, whichever is authorized to license 963
child care facilities in a county, must issue a provisional 964
license or registration if the operator or owner: 965
(a) Is applying for an initial lic ense or registration for 966
a child care facility, a family child day care home, or a large 967
family child care home; 968
Section 15. Paragraph (d) of subsection (1) and subsection 969
(4) of section 402.310, Florida Statutes, are amended to read: 970
402.310 Disciplinary actions; hearings upon denial, 971
suspension, or revocation of license or registration; 972
administrative fines. — 973
(1) 974
(d) The disciplinary sanctions set forth in this section 975
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apply to licensed child care facilities, licensed large family 976
child care homes, and licensed or registered family child day 977
care homes. 978
(4) An applicant, registrant, or licensee shall have the 979
right to appeal a decision of the local licensing agency to a 980
representative of the department. Any required hearing shall be 981
held in the county in which the child care facility, family 982
child day care home, or large family child care home is being 983
operated or is to be established. The hearing shall be conducted 984
in accordance with the provisions of chapter 120. 985
Section 16. Section 402.312, Florida Statutes, is amended 986
to read: 987
402.312 License required; injunctive relief. — 988
(1) The operation of a child care facility without a 989
license, a family child day care home without a license or 990
registration, or a large family child care home without a 991
license is prohibited. If the department or the local licensing 992
agency discovers that a child care facility is being operated 993
without a license, a family child day care home is being 994
operated without a license or registration, or a large family 995
child care home is being operated without a license, the 996
department or local licensing agency is authorized to seek an 997
injunction in the circuit court where the facility is located to 998
enjoin continued operation of such facility, family child day 999
care home, or large family child care home. When the court is 1000
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closed for the transaction of judicial business, the department 1001
or local licensing agency is authorized to seek an emergency 1002
injunction to enjoin continued operation of such unlicensed 1003
facility, unregistered or unlicensed family child day care home, 1004
or unlicensed large family child care home, which injunction 1005
shall be continued, modified, or revoked on the next day of 1006
judicial business. 1007
(2) Other grounds for seeking an injunction to close a 1008
child care facility, family child day care home, or a large 1009
family child care home are that: 1010
(a) There is any violation of the standards applied under 1011
ss. 402.301-402.319 which threatens harm to a ny child in the 1012
child care facility, a family child day care home, or large 1013
family child care home. 1014
(b) A licensee or registrant has repeatedly violated the 1015
standards provided for under ss. 402.301 -402.319. 1016
(c) A child care facility, family child day care home, or 1017
large family child care home continues to have children in 1018
attendance after the closing date established by the department 1019
or the local licensing agency. 1020
(3) The department or local licensing agency may impose an 1021
administrative fine on any c hild care facility, family child day 1022
care home, or large family child care home operating without a 1023
license or registration, consistent with the provisions of s. 1024
402.310. 1025
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Section 17. Paragraphs (a), (b), and (c) of subsection (3) 1026
of section 402.315, Fl orida Statutes, are amended to read: 1027
402.315 Funding; license fees. — 1028
(3) The department shall collect a fee for any license it 1029
issues for a child care facility, family child day care home, or 1030
large family child care home pursuant to ss. 402.305, 402.31 3, 1031
and 402.3131. 1032
(a) For a child care facility licensed pursuant to s. 1033
402.305, such fee shall be $1 per child, based on the licensed 1034
capacity of the facility, except that the minimum fee shall be 1035
$25 per facility and the maximum fee shall be $100 per fa cility. 1036
(b) For a family child day care home registered pursuant 1037
to s. 402.313, such fee shall be $25. 1038
(c) For a family child day care home licensed pursuant to 1039
s. 402.313, such fee shall be $50. 1040
Section 18. Section 402.318, Florida Statutes, is amended 1041
to read: 1042
402.318 Advertisement. —A person, as defined in s. 1.01(3), 1043
may not advertise a child care facility, family child day care 1044
home, or large family child care home without including within 1045
such advertisement the state or local agency license number or 1046
registration number of such facility or home. Violation of this 1047
section is a misdemeanor of the first degree, punishable as 1048
provided in s. 775.082 or s. 775.083. 1049
Section 19. Section 402.319, Florida Statutes, is amended 1050
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to read: 1051
402.319 Penalties.— 1052
(1) It is a misdemeanor of the first degree, punishable as 1053
provided in s. 775.082 or s. 775.083, for any person knowingly 1054
to: 1055
(a) Fail, by false statement, misrepresentation, 1056
impersonation, or other fraudulent means, to disclose in any 1057
application for voluntary or paid employment or licensure 1058
regulated under ss. 402.301 -402.318 all information required 1059
under those sections or a material fact used in making a 1060
determination as to such person's qualifications to be child 1061
care personnel, as define d in s. 402.302, in a child care 1062
facility, family child day care home, or other child care 1063
program. 1064
(b) Operate or attempt to operate a child care facility 1065
without having procured a license as required by this act. 1066
(c) Operate or attempt to operate a f amily child day care 1067
home without a license or without registering with the 1068
department, whichever is applicable. 1069
(d) Operate or attempt to operate a child care facility or 1070
family child day care home under a license that is suspended, 1071
revoked, or terminat ed. 1072
(e) Misrepresent, by act or omission, a child care 1073
facility or family child day care home to be duly licensed 1074
pursuant to this act without being so licensed. 1075
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(f) Make any other misrepresentation, by act or omission, 1076
regarding the licensure or opera tion of a child care facility or 1077
family child day care home to a parent or guardian who has a 1078
child placed in the facility or is inquiring as to placing a 1079
child in the facility, or to a representative of the licensing 1080
authority, or to a representative of a law enforcement agency, 1081
including, but not limited to, any misrepresentation as to: 1082
1. The number of children at the child care facility or 1083
the family child day care home; 1084
2. The part of the child care facility or family child day 1085
care home designated for child care; 1086
3. The qualifications or credentials of child care 1087
personnel; 1088
4. Whether a family child day care home or child care 1089
facility complies with the screening requirements of s. 402.305; 1090
or 1091
5. Whether child care personnel have the training as 1092
required by s. 402.305. 1093
(2) If any child care personnel makes any 1094
misrepresentation in violation of this section to a parent or 1095
guardian who has placed a child in the child care facility or 1096
family child day care home, and the parent or guardian relie d 1097
upon the misrepresentation, and the child suffers great bodily 1098
harm, permanent disfigurement, permanent disability, or death as 1099
a result of an intentional act or negligence by the child care 1100
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personnel, then the child care personnel commits a felony of th e 1101
second degree, punishable as provided in s. 775.082, s. 775.083, 1102
or s. 775.084. 1103
(3) Each child care facility, family child day care home, 1104
and large family child care home shall annually submit an 1105
affidavit of compliance with s. 39.201. 1106
Section 20. Paragraph (c) of subsection (2) of section 1107
409.988, Florida Statutes, is amended to read: 1108
409.988 Community-based care lead agency duties; general 1109
provisions.— 1110
(2) LICENSURE.— 1111
(c) Substitute care providers who are licensed under s. 1112
409.175 and who have contracted with a lead agency are also 1113
authorized to provide registered or licensed family child day 1114
care under s. 402.313 if such care is consistent with federal 1115
law and if the home has met the requirements of s. 402.313. 1116
Section 21. Paragraph (b) of subsection (8) of section 1117
411.203, Florida Statutes, is amended to read: 1118
411.203 Continuum of comprehensive services. —The 1119
Department of Education and the Department of Health shall 1120
utilize the continuum of prevention and early assistance 1121
services for high-risk pregnant women and for high -risk and 1122
handicapped children and their families, as outlined in this 1123
section, as a basis for the intraagency and interagency program 1124
coordination, monitoring, and analysis required in this chapter. 1125
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The continuum shall be the guide for the comprehensive statewide 1126
approach for services for high -risk pregnant women and for high -1127
risk and handicapped children and their families, and may be 1128
expanded or reduced as necessary for the enhancement of those 1129
services. Expansion or reduction of the continuum shall be 1130
determined by intraagency or interagency findings and agreement, 1131
whichever is applicable. Implementation of the continuum shall 1132
be based upon applicable eligibility criteria, availability of 1133
resources, and interagency pr ioritization when programs impact 1134
both agencies, or upon single agency prioritization when 1135
programs impact only one agency. The continuum shall include, 1136
but not be limited to: 1137
(8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS 1138
OF HIGH-RISK CHILDREN.— 1139
(b) Child care and early childhood programs, including, 1140
but not limited to, licensed child care facilities, family child 1141
day care homes, therapeutic child care, Head Start, and 1142
preschool programs in public and private schools. 1143
Section 22. Subsection (1) of section 1002.59, Florida 1144
Statutes, is amended to read: 1145
1002.59 Emergent literacy and performance standards 1146
training courses.— 1147
(1) The department, in collaboration with the Just Read, 1148
Florida! Office, shall adopt minimum standards for course s in 1149
emergent literacy for prekindergarten instructors. Each course 1150
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must consist of 5 clock hours and provide instruction in 1151
strategies and techniques to address the age -appropriate 1152
progress of prekindergarten students in developing emergent 1153
literacy skills, including oral communication, knowledge of 1154
print and letters, phonological and phonemic awareness, 1155
vocabulary and comprehension development, and foundational 1156
background knowledge designed to correlate with the content that 1157
students will encounter in gra des K-12, consistent with the 1158
evidence-based content and strategies grounded in the science of 1159
reading identified pursuant to s. 1001.215(7). The course 1160
standards must be reviewed as part of any review of subject 1161
coverage or endorsement requirements in the elementary, reading, 1162
and exceptional student educational areas conducted pursuant to 1163
s. 1012.586. Each course must also provide resources containing 1164
strategies that allow students with disabilities and other 1165
special needs to derive maximum benefit from th e Voluntary 1166
Prekindergarten Education Program. Successful completion of an 1167
emergent literacy training course approved under this section 1168
satisfies requirements for approved training in early literacy 1169
and language development under ss. 402.305(2)(e)4., 402. 313(6), 1170
and 402.3131(5) ss. 402.305(2)(e)5., 402.313(6), and 1171
402.3131(5). 1172
Section 23. Paragraph (u) of subsection (2) of section 1173
1002.82, Florida Statutes, is amended to read: 1174
1002.82 Department of Education; powers and duties. — 1175
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(2) The department shall: 1176
(u) Administer a statewide toll -free Warm-Line to provide 1177
assistance and consultation to child care facilities and family 1178
child day care homes regarding health, developmental, 1179
disability, and special needs issues of the children they are 1180
serving, particularly children with disabilities and other 1181
special needs. The department shall: 1182
1. Annually inform child care facilities and family child 1183
day care homes of the availability of this service through the 1184
child care resource and referral network under s. 1002.92. 1185
2. Expand or contract for the expansion of the Warm -Line 1186
to maintain at least one Warm -Line in each early learning 1187
coalition service area. 1188
Section 24. Paragraph (j) of subsection (4) of section 1189
1002.83, Florida Statutes, is amended to read: 1190
1002.83 Early learning coalitions. — 1191
(4) Each early learning coalition must include the 1192
following member positions; however, in a multicounty coalition, 1193
each ex officio member position may be filled by multiple 1194
nonvoting members but no more than o ne voting member shall be 1195
seated per member position. If an early learning coalition has 1196
more than one member representing the same entity, only one of 1197
such members may serve as a voting member: 1198
(j) A representative of private for -profit child care 1199
providers, including private for -profit family child day care 1200
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homes. 1201
Section 25. Subsection (4) of section 1002.84, Florida 1202
Statutes, is amended to read: 1203
1002.84 Early learning coalitions; school readiness powers 1204
and duties.—Each early learning coalition shall: 1205
(4) Establish a regional Warm -Line as directed by the 1206
department pursuant to s. 1002.82(2)(u). Regional Warm -Line 1207
staff shall provide onsite technical assistance, when requested, 1208
to assist child care facilities and family child day care homes 1209
with inquiries relating to the strategies, curriculum, and 1210
environmental adaptations the child care facilities and family 1211
child day care homes may need as they serve children with 1212
disabilities and other special needs. 1213
Section 26. Paragraphs (a) and (c) of subsection (1) of 1214
section 1002.88, Florida Statutes, are amended to read: 1215
1002.88 School readiness program provider standards; 1216
eligibility to deliver the school readiness program. — 1217
(1) To be eligible to deliver the school readiness 1218
program, a school re adiness program provider must: 1219
(a) Be a child care facility licensed under s. 402.305, a 1220
family child day care home licensed or registered under s. 1221
402.313, a large family child care home licensed under s. 1222
402.3131, a public school or nonpublic school ex empt from 1223
licensure under s. 402.3025, a faith -based child care provider 1224
exempt from licensure under s. 402.316, a before -school or 1225
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after-school program described in s. 402.305(1)(c), a child 1226
development program that is accredited by a national accrediting 1227
body and operates on a military installation that is certified 1228
by the United States Department of Defense, an informal child 1229
care provider to the extent authorized in the state's Child Care 1230
and Development Fund Plan as approved by the United States 1231
Department of Health and Human Services pursuant to 45 C.F.R. s. 1232
98.18, or a provider who has been issued a provisional license 1233
pursuant to s. 402.309. A provider may not deliver the program 1234
while holding a probation -status license under s. 402.310. 1235
(c) Provide basic health and safety of its premises and 1236
facilities and compliance with requirements for age -appropriate 1237
immunizations of children enrolled in the school readiness 1238
program. 1239
1. For a provider that is licensed, compliance with s. 1240
402.305, s. 402.3131, or s. 402.313 and this subsection, as 1241
verified pursuant to s. 402.311, satisfies this requirement. 1242
2. For a provider that is a registered family child day 1243
care home or is not subject to licensure or registration by the 1244
Department of Children and Familie s, compliance with this 1245
subsection, as verified pursuant to s. 402.311, satisfies this 1246
requirement. Upon verification pursuant to s. 402.311, the 1247
provider shall annually post the health and safety checklist 1248
adopted by the department prominently on its prem ises in plain 1249
sight for visitors and parents and shall annually submit the 1250
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checklist to its local early learning coalition. 1251
3. For a child development program that is accredited by a 1252
national accrediting body and operates on a military 1253
installation that is certified by the United States Department 1254
of Defense, the submission and verification of annual 1255
inspections pursuant to United States Department of Defense 1256
Instructions 6060.2 and 1402.05 satisfies this requirement. 1257
Section 27. Paragraph (c) of subs ection (2) of section 1258
1002.895, Florida Statutes, is amended to read: 1259
1002.895 Market rate schedule. —The school readiness 1260
program market rate schedule shall be implemented as follows: 1261
(2) The market rate schedule must differentiate rates by 1262
provider type, including, but not limited to: 1263
(c) Family child day care homes licensed or registered 1264
under s. 402.313. 1265
Section 28. Paragraph (a) of subsection (3) and subsection 1266
(4) of section 1002.92, Florida Statutes, are amended to read: 1267
1002.92 Child care and early childhood resource and 1268
referral.— 1269
(3) Child care resource and referral agencies shall 1270
provide the following services: 1271
(a) Identification of existing public and private child 1272
care and early childhood education services, including child 1273
care services by public and private employers, and the 1274
development of an early learning provider performance profile of 1275
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those services through the single statewide information system 1276
developed by the department under s. 1002.82(2)(q). These 1277
services may include family child day care, public and private 1278
child care programs, the Voluntary Prekindergarten Education 1279
Program, Head Start, the school readiness program, special 1280
education programs for prekindergarten children with 1281
disabilities, services for children with developmental 1282
disabilities, full-time and part-time programs, before -school 1283
and after-school programs, and vacation care programs. The early 1284
learning provider performance profile shall include, but not be 1285
limited to: 1286
1. Type of program. 1287
2. Hours of service. 1288
3. Ages of children served. 1289
4. Number of children served. 1290
5. Program information. 1291
6. Fees and eligibility for services. 1292
7. Availability of transportation. 1293
8. Participation in the Child Care Food Program, if 1294
applicable. 1295
9. A link to licensing inspection reports, if applicable. 1296
10. The components of the Voluntary Prekindergarten 1297
Education Program performance metric calculated under s. 1002.68 1298
which must consist of the program assessment composite score, 1299
learning gains score, achievement score, and its designations, 1300
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if applicable. 1301
11. The school readiness program assessment composite 1302
score and program assessment care level composite score results 1303
delineated by infant classrooms, toddler classrooms, and 1304
preschool classrooms results under s. 1002.82, if applicable. 1305
12. Gold Seal Quality Care designation under s. 1002.945, 1306
if applicable. 1307
13. Indication of whether the provider implements a 1308
curriculum approved by the department and the name of the 1309
curriculum, if applicable. 1310
14. Participation in school readiness child assessment 1311
under s. 1002.82. 1312
(4) A child care facility licensed under s. 402.305 and 1313
licensed and registered family child day care homes must provide 1314
the statewide child care and resource and referral network with 1315
the following information annually: 1316
(a) Type of program. 1317
(b) Hours of service. 1318
(c) Ages of children served. 1319
(d) Fees and eligibility for services. 1320
Section 29. Subsection (2) of section 1002.93, Florida 1321
Statutes, is amended to read: 1322
1002.93 School readiness program transportation services. — 1323
(2) The transportation servicers may only provide 1324
transportation to each child participating in the school 1325
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readiness program to the extent that such transportation is 1326
necessary to provide child care opport unities that otherwise 1327
would not be available to a child whose home is more than a 1328
reasonable walking distance from the nearest child care facility 1329
or family child day care home. 1330
Section 30. Paragraph (b) of subsection (1), paragraphs 1331
(a) and (c) of subsection (3), and subsection (4) of section 1332
1002.945, Florida Statutes, are amended to read: 1333
1002.945 Gold Seal Quality Care Program. — 1334
(1) 1335
(b) A child care facility, large family child care home, 1336
or family child day care home that is accredited by an 1337
accrediting association approved by the Department of Education 1338
under subsection (3) and meets all other requirements shall, 1339
upon application to the department, receive a separate "Gold 1340
Seal Quality Care" designation. 1341
(3)(a) In order to be approved by th e Department of 1342
Education for participation in the Gold Seal Quality Care 1343
Program, an accrediting association must apply to the department 1344
and demonstrate that it: 1345
1. Is a recognized accrediting association. 1346
2. Has accrediting standards that substantia lly meet or 1347
exceed the Gold Seal Quality Care standards adopted by the state 1348
board under subsection (2). 1349
3. Is a registered corporation with the Department of 1350
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State. 1351
4. Can provide evidence that the process for accreditation 1352
has, at a minimum, all of t he following components: 1353
a. Clearly defined prerequisites that a child care 1354
provider must meet before beginning the accreditation process. 1355
However, accreditation may not be granted to a child care 1356
facility, large family child care home, or family child day care 1357
home before the site is operational and is attended by children. 1358
b. Procedures for completion of a self -study and 1359
comprehensive onsite verification process for each classroom 1360
that documents compliance with accrediting standards. 1361
c. A training process for accreditation verifiers to 1362
ensure inter-rater reliability. 1363
d. Ongoing compliance procedures that include requiring 1364
each accredited child care facility, large family child care 1365
home, and family child day care home to file an annual report 1366
with the accrediting association and risk -based, onsite auditing 1367
protocols for accredited child care facilities, large family 1368
child care homes, and family child day care homes. 1369
e. Procedures for the revocation of accreditation due to 1370
failure to maintain accre diting standards as evidenced by sub -1371
subparagraph d. or any other relevant information received by 1372
the accrediting association. 1373
f. Accreditation renewal procedures that include an onsite 1374
verification occurring at least every 5 years. 1375
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g. A process for verifying continued accreditation 1376
compliance in the event of a transfer of ownership of 1377
facilities. 1378
h. A process to communicate issues that arise during the 1379
accreditation period with governmental entities that have a 1380
vested interest in the Gold Seal Quali ty Care Program, including 1381
the Department of Education, the Department of Children and 1382
Families, the Department of Health, local licensing entities if 1383
applicable, and the early learning coalition. 1384
(c) If an accrediting association has granted 1385
accreditation to a child care facility, large family child care 1386
home, or family child day care under fraudulent terms or failed 1387
to conduct onsite verifications, the accrediting association 1388
shall be liable for the repayment of any rate differentials paid 1389
under subsection (6). 1390
(4) In order to obtain and maintain a designation as a 1391
Gold Seal Quality Care provider, a child care facility, large 1392
family child care home, or family child day care home must meet 1393
the following additional criteria: 1394
(a) The child care provider must not have had any class I 1395
violations, as defined by rule of the Department of Children and 1396
Families, within the 2 years preceding its application for 1397
designation as a Gold Seal Quality Care provider. Commission of 1398
a class I violation shall be grounds for termination of the 1399
designation as a Gold Seal Quality Care provider until the 1400
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provider has no class I violations for a period of 2 years. 1401
(b) The child care provider must not have had three or 1402
more of the same class II violations, as defined by rule of the 1403
Department of Children and Families, within the 2 years 1404
preceding its application for designation as a Gold Seal Quality 1405
Care provider. Commission of three or more of the same class II 1406
violations within a 2 -year period shall be grounds for 1407
termination of the designation as a Gold Seal Quality Care 1408
provider until the provider has no class II violations that are 1409
the same for a period of 1 year. 1410
(c) The child care provider must not have been cited for 1411
the same class III violation, as defined by rule of the 1412
Department of Children and Families, three or more times and 1413
failed to correct the violation within 1 year after the date of 1414
each citation, within the 2 years preceding its application for 1415
designation as a Gold Seal Qua lity Care provider. Commission of 1416
the same class III violation three or more times and failure to 1417
correct within the required time during a 2 -year period may be 1418
grounds for termination of the designation as a Gold Seal 1419
Quality Care provider until the provi der has no class III 1420
violations for a period of 1 year. 1421
(d) Notwithstanding paragraph (a), if the Department of 1422
Education determines through a formal process that a provider 1423
has been in business for at least 5 years and has no other class 1424
I violations recorded, the department may recommend to the state 1425
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board that the provider maintain its Gold Seal Quality Care 1426
status. The state board's determination regarding such 1427
provider's status is final. 1428
Section 31. Subsection (1) of section 1002.95, Florida 1429
Statutes, is amended to read: 1430
1002.95 Teacher Education and Compensation Helps (TEACH) 1431
Scholarship Program. — 1432
(1) The department may contract for the administration of 1433
the Teacher Education and Compensation Helps (TEACH) Scholarship 1434
Program, which provides educational scholarships to caregivers 1435
and administrators of early childhood programs, family child day 1436
care homes, and large family child care homes. The goal of the 1437
program is to increase the education and training for 1438
caregivers, increase the compensati on for child caregivers who 1439
complete the program requirements, and reduce the rate of 1440
participant turnover in the field of early childhood education. 1441
Section 32. This act shall take effect July 1, 2025. 1442