STORAGE NAME: h0047e.HHS
DATE: 4/8/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/CS/HB 47
TITLE: Child Care and Early Learning Providers
SPONSOR(S): McFarland
COMPANION BILL: CS/SB 738 (Burton)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Human Services
18 Y, 0 N, As CS
Health Care Budget
12 Y, 0 N, As CS
Health & Human Services
24 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill modifies existing child care licensure standards, including background screenings and training of child care
personnel, abbreviated inspections, and the health and safety of children. The bill exempts from licensure certain
employer-operated child care facilities solely attended by employees’ children. The bill grants an exemption from
special assessments levied by municipalities for child care facilities. The bill also requires county commissions to
annually affirm continued services for locally managed child care licensing. Further, the bill prohibits the
cancelation, denial, or nonrenewal of residential property insurance solely on the basis that certain child care
services are provided at the residence.
Fiscal or Economic Impact:
The bill has a $3,038,070 fiscal impact on DCF, which is accounted for in the House proposed budget for Fiscal Year
2025-2026. See Fiscal or Economic Impact.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Child Care
Child Care Licensure Program
Family Child Care Homes Name Change
The Department of Children and Families (DCF) licenses child care facilities under chapter 402, F.S, including
family day care homes and large family child care homes. Family day care homes are occupied residences in which
child care is regularly provided for children from at least two unrelated families and payments for child care is
received.
1 The bill renames family day care homes “family child care homes” to emphasize the homes’ core function
of providing child care, making this change throughout the chapter. In the child care industry “family child care” is
generally considered the more professional term, as it more accurately describes what early childhood educators
do and emphasizes the focus on the child’s care and development.
2 (Section 5)
Local Licensing Agency Designations
1 S. 402.302(8), F.S.
2 Step up to Quality, Why We Use the Term ‘Child Care’ and not ‘Day Care,’ available at https://www.education.ne.gov/step-up-to-
quality/stories/why-we-use-the-term-child-care-and-not-day-care/, (last visited March 26, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
A county which decides to impose child care licensing standards which meet or exceed the state standards may
designate by ordinance a local licensing agency to license child care facilities and homes instead of DCF. Once a
county designates a local licensing agency to regulate child care facilities within the county, the designation
remains in effect until the county relinquishes it; counties are not required to renew or periodically affirm such
designations. The bill requires counties who have designated a local licensing agency to administer child care
licensure to annually affirm the designation, by a majority vote of the county commission. (Section 3)
Child Care Licensure Standards
DCF is required to establish licensing standards for child care providers. Current law, specifies what these
standards should address. The bill modifies current law to require child care licensing standards to address the
health and nutrition, safety, developmental needs, and sanitary physical conditions for all children served by child
care facilities. (Section 2)
Child Care Personnel – Background Screening and Training Requirements
Currently, child care personnel must pass a level 2 background screening as a condition of employment at a child
care facility or home in Florida. Level 2 background screening typically takes a few business days to complete.
However, the process may take longer if additional out-of-state records are needed, there is incomplete
information, or due to variations in agency processing times,
3 which can delay employment of child care personnel
while waiting for screening results. Under current law, a current or perspective employee may not work at the
child care facility or home while waiting for his or her background screening results, unless a provisional hire
status is granted.
The bill requires DCF to complete the background screening for child care personnel and provide the results to the
child care facility within three business days upon receipt of the criminal history record check. Upon failure to do
so, the bill requires DCF to issue the current or prospective child care personnel a 45-day provisional hire status
while all required information is being requested and DCF is awaiting results, unless DCF has reason to believe a
disqualifying factor may exist. During the 45-day period, the current or prospective child care personnel must be
under the direct supervision of a screened and trained staff member when in contact with children. (Section 2)
Currently, child care personnel are required to pay a fee to take the mandatory 40-clock-hour introductory child
care training courses. Child care personnel are also required to take competency examinations in-person, upon
competition of each course.
The bill requires the 40-clock-hour introductory course in child care to include online training coursework that
meets the minimum training standards for child care personnel. The bill also requires DCF to provide the course at
no cost. The bill requires the child care personnel competency examination to be provided either online or in-
person. The bill also removes the “interdisciplinary approach to the study of children” as a requirement for the
introductory course in child care. (Section 2)
Other Child Care Licensure Standards
The bill modifies several other child care licensing standards relating to periodic health examinations of child care
personnel, safety and sanitation (including cardiopulmonary resuscitation staff training requirements and drop-in
child care communications system requirements), annual parental notification requirements, written activities
plan requirements for child care facilities, and specialized child care facilities for the care of mildly ill children. The
bill:
3
When the background screening is initiated, fingerprints are sent to the Florida Department of Law Enforcement (FDLE) and
the Federal Bureau of Investigations (FBI). Results from FDLE and the FBI are typically available within 24 to 48 hours;
however, FDLE standards require results within 72 hours. See DCF, Agency Bill Analysis HB 47 (2025), p. 5, on file with the Health and
Human Services Subcommittee. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Limits periodic health examinations to child care facility drivers only.
Removes obsolete language regarding pagers and beepers for drop-in child care.
Removes requirements for child care facilities and child care homes to provide parents with information
related to flu shots in the months of August and September and information related to leaving children in a
vehicle during the months of April and September.
Requires at least one staff person who received in-person cardiopulmonary resuscitation training to be
present at all times children are present;
Removes requirement for child care facilities to periodically implement a program, for children of an
appropriate age, to assist in preventing and avoiding physical and mental abuse.
Removes requirement for DCF to develop standards for specialized child care facilities for the care of
mildly ill children.
Removes requirement for family child care homes to provide proof that immunization records are kept
current as a condition of registration with DCF. (Sections 2, 5 and 6)
The bill also removes requirements for DCF to engage in certain public outreach programs. Under the bill, DCF
would no longer be required to operate institute a media campaign to inform the public that family child care
homes are required to register to legally operate in Florida, or prepare and distribute a brochure on large family
child care homes for distribution to the general public. (Section 5 and 6)
Abbreviated Inspections
The bill requires DCF and the local licensing agencies to develop and implement plans to eliminate duplicative and
unnecessary inspections for family child care homes and large family child care homes. The bill also requires DCF
and the local licensing agencies to develop and implement an abbreviated inspection plan for child care facilities,
family child care homes, and large family child care homes that have had no Class 1 or Class 2 deficiencies for at
least two consecutive years and:
Have been licensed for at least two consecutive years.
Have received at least two full onsite renewal inspections in the most recent two years.
Do not have any current uncorrected violations.
Do not have any open regulatory complaints or active child protective service investigations.
The bill requires the abbreviated inspection plan to be updated every five years to maintain the validity and
effectiveness of inspections. (Section 4)
Child Care Licensure Exemptions
In Florida, child care facilities with religious affiliation and certain family child care homes are exempt from
licensure. Current law does not provide an exemption from licensure for a private business that operates a child
care facility that provides child care services solely for the employees of that business.
The bill creates a licensure exemption for a child care facility operated by a business which provides child care
solely for the children of the employees of the business. The exemption does not apply to the requirements
regarding screening of child care personnel; such employer-operated child care facilities will still have to comply
with this requirement. This exemption will allow these businesses to qualify for the child care tax credit pursuant
to s. 402.261, F.S. (Section 7)
Currently, the United Stated Department of Defense (DoD) and the United States Coast Guard authorizes child care
facilities and homes to provide child care services for military families on and off the military base. The off-base
child care facilities and family child care homes must also be licensed by DCF or a local licensing agency, if
applicable. The creates a licensure exemption for a child care facility or a family child care home that is authorized
by DoD or the United States Coast Guard if it has completed background screening by DoD and received a favorable
suitability and fitness determination. The exemption does not extend to a child care facility of family child care
home that elects to serve children not eligible for care under DoD policy. (Section 7) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The bill requires any child care facility that meets the criteria for exemption, but desires licensure, to submit an
application for licensure to DCF or, if applicable, the local licensing agency. The bill authorizes DCF and the local
licensing agency to adopt rules to administer and implement the provisions regarding child care licensure
exemptions, including but not limited to, any assessments for previous licensure history. (Sections and 7)
Special Assessments and Child Care Facilities
Current law creates various exemptions from special assessments levied by municipalities in Florida.
4 Property
owned or occupied by child care facilities are not exempt from these special assessments. The bill exempts
property owned or occupied by public or private licensed child care facilities, which the bill refers to as
“preschools”, from special assessments levied by municipalities. (Section 1)
Insurance and Child Care Homes
In Florida, residential property insurance coverage may not be canceled, denied, or refused renewal solely on the
basis of family child care services being provided at the residence. Contractual liabilities that arise in connection
with the operation of the family child care home are excluded from residential property insurance policies unless
they are specifically included in such coverage.
5 These provisions do not apply to residential property where large
family child care services are provided on the premises.
The bill prohibits the cancelation, denial, or nonrenewal of residential property insurance solely on the basis that
large family child care services are provided at the residence. The bill excludes contractual liabilities that arise in
connection with a large family child care home from residential property insurance policies unless specifically
included in coverage. This provision applies to an occupied residence in which a child care is regularly provided for
children from at least two unrelated families, which receives payments, fees, or grants for the children receiving
care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises
during the hours of operation, one of whom must be the owner or occupant of the home. (Section 8)
The bill makes conforming changes and updates cross-references. (Sections 9 through 31)
The bill is effective July 1, 2025. (Section 32)
RULEMAKING:
The bill authorizes DCF to adopt rules relating to inspections. The bill also authorizes the department to create
classification levels for violations of licensing standards that directly relate to the health and safety of a child. The
bill does not provide rulemaking authority to implement the classification levels for licensing violation. However,
the department has sufficient rulemaking authority to implement the provisions. The bill authorizes DCF and the
local licensing agencies to adopt rules to administer and implement provisions regarding child care licensure s,
including, but not limited to, assessments of previous licensure history.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have a significant negative indeterminate fiscal impact on state government. The bill requires DCF to
provide online training coursework to child care personnel at no cost. DCF currently contracts with 13 training
coordinating agencies (TCAs) to administer and coordinate in-person courses and exams. TCAs receive training
4 S. 170.201(2), F.S.
5 S. 627.70161, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
fees paid by child care personnel and through DCF contracts. TCAs received $3 million in FY 2023-2024 from child
care personnel for online coursework and $838,062 through DCF contracts. If the TCAs no longer charge child care
personnel for the courses, the cost of the contracts that DCF has with the TCAs could significantly increase.
6
The bill also requires DCF to offer competency exams for child care personnel online. DCF estimates that moving to
an online exam will have a significant negative indeterminate fiscal impact on the agency due to the significant cost
associated with the development, procurement and administration of testing. According to DCF, unless the cost is
passed onto the employee, DCF would be unable to absorb the cost through existing resources.
7
The House proposed budget for Fiscal Year 2025-2026 appropriates $3,038,070 in recurring funds to DCF to
account for these costs.
8
LOCAL GOVERNMENT:
The Revenue Estimating Conference estimated that the provision in the bill exempting child care facilities from
municipal special assessments have a recurring negative impact on local government (municipal) revenues of $5.9
million in FY 25-26.
9
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Child Care Licensure Program
Child care is the care, protection and supervision of a child, for a period of less than 24 hours a day on a regular
basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or
her individual needs, and for which a payment, fee, or grant is made for care.
10 If a program meets the statutory
definition of child care, it is subject to regulation by the Department of Children and Families (DCF) or a local
licensing agency, unless the statute specifically excludes or exempts it from regulation.
The child care licensing program is a component of the services provided by DCF. The purpose of the program is to
ensure a healthy and safe environment for children in child care settings and to improve the quality of their care.
The program is accountable for the statewide licensure of Florida's child-care facilities,
11 large family child care
homes,
12 specialized child-care facilities for the care of mildly ill children,
13 and the licensure or registration of
family day care homes.
14
Family day care homes must be licensed if the home is currently licensed under an existing county licensing
ordinance or if the board of county commissioners passes a resolution that family day care homes be licensed. If
not subject to licensure, a family day care home must register with DCF.
15
6
DCF, Agency Bill Analysis HB 47 (2025), p. 11, on file with the Health and Human Services Committee
7
Id.
8
Fiscal Year 2025-2026, HB 5001, House Proposed General Appropriations Act, line 305,
https://www.flhouse.gov/Sections/Documents/loaddoc.aspx?FileName=HB+5001+As+Introduced.pdf&DocumentType=Bill&
BillNumber=5001&Session=2025 (last visited April 5, 2025).
9
EDR, Revenue Estimating Impact Conference (March 24, 2025), available at
https://edr.state.fl.us/Content/conferences/revenueimpact/archives/2025/_pdf/page193-195.pdf (last visited March 24,
2025).
10 S. 402.302(1), F.S.
11 S. 402.305, F.S.
12 S. 402.3131, F.S. Also see ss. 402.301, F.S. through 402.319, F.S.
13 S. 402.305(17), F.S.
14 S. 402.313, F.S.
15
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Currently, there are 11,960 licensed child care providers in Florida, of those 9,629 are licensed by DCF.
16
Under Florida law, any county whose child care licensing standards meet or exceed the minimum state standards
may designate by ordinance a local licensing agency (LLA) in their county to license child care facilities.
17 A county
choosing not to administer its own licensing program or whose minimum standards do not exceed the state
minimum standards, would require DCF to administer child care licensing in that county.
Currently, DCF is responsible for the licensure and inspection of child care facilities and homes in 63 of the 67
counties within the state. Four counties have elected to designate a LLA to regulate licensing of child care facilities
and homes in their areas; these counties include Broward, Palm Beach, Pinellas, and Sarasota.
18 There are currently
2,331 child care providers licensed by LLAs in Florida.
19
Under current law:
Child care facilities are child care centers or child care arrangements that care for more than five
children unrelated to the operator and receive a payment, fee, or grant for the children receiving care,
wherever the facility is operated and whether it is operated for profit or not for profit.
20 A child care
facility does not include: public schools and nonpublic schools and their integral programs, except as
provided in s. 402.3025, F.S.; summer day camps; bible schools normally conducted during vacation
periods; and certain operators of transient establishments, that provide child care solely for the guests
of their establishment or resort, provided the child care personnel background screening requirements
are met.
21
Family day care homes are occupied residences in which child care is regularly provided for children
from at least two unrelated families and which receive payments, fees, or grants for the children
receiving care, whether or not operated for profit.
22
Large family child care homes are occupied residences in which child care is regularly provided for
children from at least two unrelated families, which receive payments, fees, or grants for the children
receiving care, whether or not operated for profit, and which has at least two full-time child care
personnel, one of whom must be the owner or occupant of the home, on the premises during the hours
of operation.
23
Specialized child-care facilities for the care of mildly ill children are child care facilities that provides
child care for more than five mildly ill children unrelated to the child care operator, and receive a
payment, fee, or grant for any of the children receiving care. Specialized child care facilities may
provide care for mildly ill children in a facility specialized for this purpose or as a component of other
child care services offered in a distinct and separate part of a regularly licensed child care facility.
24
Child care for mildly ill children is the care of children with short term illness or symptoms of illness or
disability, provided either as an exclusive service in a center specialized for this purpose, or as a
component of other child care services offered in a distinct part of a regularly licensed child care
facility, for a period of less than 24 hours per day. Such programs may accept children exhibiting
illnesses or symptoms for which they would be excluded from child care provided for well children.
25
Currently, there is only one child care program licensed as a specialized child care facility. However, no
children are being actively served.
26
16 DCF, Agency Bill Analysis HB 47 (2025), p. 3, on file with the Health and Human Services Subcommittee.
17 S. 402.306, F.S.
18 DCF, Agency Bill Analysis HB 47 (2025), p. 2, on file with the Health and Human Services Subcommittee.
19 DCF, Agency Bill Analysis HB 47 (2025), p. 3, on file with the Health and Human Services Subcommittee.
20 S. 402.302(2), F.S.
21 Id.
22 S. 402.302(8), F.S.
23 S. 402.302(11), F.S.
24 Rule 65C-25, F.A.C.
25 Id.
26 DCF, Agency Bill Analysis HB 47 (2025), p. 8, on file with the Health and Human Services Subcommittee. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
Statewide Provider Count as of January 2, 2025
27
DCF LLA Statewide
Facilities 7,697 1,820 9,517
Family Day Care Homes 1,601 433 2,034
Large Family Child Care Homes 330 78 408
Mildly Ill Facilities 1 0 1
Total 9,629 2,331 11,960
Child Care Licensure Standards
DCF is responsible for establishing the licensing standards that each licensed child care facility must meet. These
standards must address:
28
The health, sanitation, safety, and adequate physical surroundings for all children in child care.
The health and nutrition of all children in child care.
The child development needs of all children in child care.
Child Care Personnel – Background Screening and Training Requirements
DCF establishes minimum licensing standards for child care personnel, including training and background
screening of personnel.
29 Child care personnel includes all owners, operators, employees, and volunteers working
in a child care facility.
30 Background screening must be conducted for all child care personnel using level 2
standards of screening. Elements of the background screening include:
31
FDLE criminal history background check;
FBI criminal history background check;
Criminal background check of any prior states resided within the past five years;
Sex Offender Registry check (in Florida & any prior states resided within past five years);
Child Abuse & Neglect check (in Florida & any prior states resided within past five years);
Attestation of Good Moral Character; and
Previous five-year employment history check.
A level 2 background screening typically takes a few business days to complete. However, the process may take
longer if additional out-of-state records are needed, there is incomplete information, or due to variations in agency
processing times,
32 which can delay employment of child care personnel while waiting for screening results.
DCF establishes the minimum training standards for child care personnel. DCF has adopted the Child Care Facility
Handbook to describe these requirements in detail.
33 The minimum standards for training must ensure that all
27 Id.
28 S. 402.305, F.S.
29 Id.
30 S. 402.302(3), F.S.
31 Ss. 402.302(15), F.S., and 435.04, F.S.
32
When the background screening is initiated, fingerprints are sent to the Florida Department of Law Enforcement (FDLE) and
the Federal Bureau of Investigations (FBI). Results from FDLE and the FBI are typically available within 24 to 48 hours;
however, FDLE standards require results within 72 hours. See DCF, Agency Bill Analysis HB 47 (2025), p. 5, on file with the Health and
Human Services Subcommittee.
33 Florida Department of Children and Families, Child Care Facility Handbook, October 2021, available at
https://www.myflfamilies.com/sites/default/files/2022-12/FacilityHandbook_0.pdf (last visited March 21, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
child care personnel take an approved 40-clock-hour introductory course in child care covering the following topic
areas:
34
State and local rules and regulations which govern child care.
Health, safety, and nutrition.
Identifying and reporting child abuse and neglect.
Child development, including typical and atypical language, cognitive, motor, social, and self-help skills
development.
Observation of developmental behaviors, including using a checklist or other similar observation tools and
techniques to determine the child’s developmental age level.
Specialized areas, including computer technology for professional and classroom use and early literacy and
language development of children from birth to 5 years of age, as determined by the DCF, for owner-
operators and child care personnel of a child care facility.
Developmental disabilities, including autism spectrum disorder and Down syndrome, and early
identification, use of available state and local resources, classroom integration, and positive behavioral
supports for children with developmental disabilities.
35
Mandatory training courses are currently offered online and in-person. Child care personnel are responsible for
payment of each online or instructor-led course. Each online course is $10. The cost of instructor led courses
ranges from $1 to $10 per instructional hour.
36 Completion of the training is shown through passing competency
exams for each course taken. Competency examinations are only administered in-person.
Other Child Care Licensure Standards
DCF is also responsible for establishing minimum licensing standards for the following:
Periodic health examinations for child care personnel.
37
Sanitary and safety conditions, first aid treatment, emergency procedures, and pediatric cardiopulmonary
resuscitation. The minimum standards must require that at least one staff person trained in
cardiopulmonary resuscitation, as evidenced by current documentation of course completion, must be
present at all times that children are present.
38 The sanitary and safety standards also require child care
facilities to provide parents of children who are in drop-in care with a communications system, such as a
pager or beeper, to ensure the immediate return of the parent to the child, if necessary.
39
Admissions and recordkeeping, which must include requirements for preadmission and periodic health
examinations, requirements for immunizations, and requirements for maintaining emergency information
for health records of all children.
A plan of activities that ensures that each child care facility has and implements a written plan for the daily
provision of varied activities and active and quiet play opportunities appropriate to the age of the child.
40
The written plan must also include a program, to be implemented periodically for children of an
appropriate age, to assist children in preventing and avoiding physical and mental abuse.
41
Specialized child care facilities for the care of mildly ill children.
42
Current law imposes requirements related to informing parents of certain risks to their children. During the
August and September, child care facilities and homes must provide parents of children enrolled in the facility or
home detailed information regarding the causes, symptoms, and transmission of the influenza virus and the
importance of immunizing their children. Similarly, in April and September of each year, child care facilities and
34 Id.
35 Section 402.305, F.S.
36
DCF, Agency Bill Analysis HB 47 (2025), p. 5, on file with the Health and Human Services Subcommittee.
37 S. 402.305(2)(f). F.S.
38 S. 402.305(7), F.S.
39 S. 402.305(7)(c), F.S.
40 S. 402.305(13), F.S.
41 Id.
42 S. 402.305(17), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
homes must notify parents of the potential for a distracted adult to fail to drop off a child at the facility or home and
instead leave the child in the adult’s vehicle upon arrival at the adult’s destination.
43
Inspections of Child Care Providers
DCF conducts inspections of all licensed child care providers to determine initial and renewal licensure. DCF also
conducts on-going inspections to periodically assess continued compliance with licensing standards.
44 To ensure
consistent regulation throughout the state, DCF’s current enforcement model utilizes three classification levels for
violations of licensing standards.
45
Class 1 violations are the most serious in nature, pose an imminent threat to a child including abuse or
neglect and which could or does result in death or serious harm to the health, safety, and well-being of a
child.
Class 2 violations are less serious in nature than Class 1 violations and could be anticipated to pose a threat
to the health, safety, or well-being of a child, although the threat is not imminent.
Class 3 violations are less serious in nature than either Class 1 or Class 2 violations and pose a low potential
for harm to children.
Under current law, DCF may impose disciplinary actions, including, denial, suspension, or revocation of license,
converting license to probational status, and assessing fines, if a child care provider fails to meet licensing
standards. DCF may impose an administrative fine, up to $100 per violation per day or if the violation could or does
cause death or serious injury, the agency may impose a fine up to $500 per violation per day, in lieu of or in
addition to any other disciplinary action taken.
46
There were 16,405 licensing inspection violations recorded during the 2023-2024 FY. Of these violations, 75
percent were classified as Class 3 violations and 803 child care providers accumulated five or more Class 3
violations during the fiscal year.
47
Inspection Violations FY 23-24
Class 1 145
Class 2 3,908
Class 3 12,352
Total 16,405
DCF utilizes the disciplinary sanctions outlined in s. 402.310, F.S., and in Rules 65C-22.010(2) and 65C-20.012(3),
F.A.C. The disciplinary sanction matrix outlines the procedure for consistent enforcement of continued violations of
licensing standards over a two-year period. Child care providers receive technical assistance whenever a violation
occurs, regardless of its class (Class 1, 2, or 3). This assistance involves providing recommendations to help the
provider comply with licensing standards. For Class 1 violations, technical assistance is offered simultaneously
along with an administrative fine with the first violation. For Class 2 violations, technical assistance is offered with
the first violation. When a second Class 2 violation of the same standard occurs, technical assistance is offered
along with the administrative fine. For Class 3 violations, technical assistance is offered for the first and second
instances of the same standard of a Class 3 violation. The provider is only subject to an administrative fine after the
third occurrence of the same Class 3 violation. Subsequent Class 3 violations of the same standard would result in a
per day administrative fine.
48
43 S. 402.305(9), F.S.
44 Ss. 402.308, F.S. and 402.311, F.S.
45 S. 402.310, F.S., and Rule 65C-22.010, F.A.C. Also see DCF, Agency Bill Analysis HB 47 (2025), p. 3, on file with the Health and Human
Services Subcommittee.
46 S. 402.310, F.S.
47 DCF, Agency Bill Analysis HB 47 (2025), p. 3, on file with the Health and Human Services Subcommittee.
48 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
Abbreviated Inspections
Under current law, DCF and the local licensing agencies are required to develop and implement a plan to eliminate
duplicative and unnecessary inspections of child care facilities.
49 Both entities are also required to develop and
implement an abbreviated inspection plan for child care facilities that have had no Class 1 or Class 2 deficiencies
for at least 2 consecutive years. The abbreviated inspection must include those elements identified by DCF and the
local governmental agencies as being key indicators of whether the child care facility continues to provide quality
care and programming.
50 Current law does not require abbreviated inspection plans for family day care homes or
large family child care homes.
However, in 2022, DCF amended its agency rules (Rule 65C-20, F.A.C,) to expand the eligible provider types for
abbreviated inspections to include family day care homes and large family child care homes.
51 The rules require
abbreviated inspections for family day care homes and large family child care homes that:
Have been licensed for at least two consecutive years.
Have had no Class 1 violations or Class 2 violations for at least two consecutive years.
Have received at least two full onsite renewals in the most recent two years.
Have no current uncorrected violations.
Have no open regulatory complaints or active child protective services investigations.
Inspections FY 23-24
Total Inspections Statewide 33,717
Abbreviated Inspections - Number 2,044
Abbreviated Inspections - Percentage 6%
Child Care Licensure Exemptions
Under current law, a child care facility that is an integral part of a church or parochial school, and is accredited by,
or is a member of, an organization that publishes and requires compliance with its standards for health, safety, and
sanitation is exempt from the child care licensure requirements.
52 However, though exempt from licensure the
facility must meet the child care personnel background screening requirements.
53 If the child care facility desires
licensure, the facility must notify DCF to obtain a license. Once licensed, the child care facility may not withdraw its
licensure and continue to operate.
54
Any county or city with state or local child care licensing programs that were in existence on July 1, 1974, are
authorized to continue to license the child care facilities covered under such programs until and unless the
licensing agency makes a determination to exempt the child care facility from licensure.
In Florida, a business that operates an eligible child care facility that provides child care solely for the children of
the employees of the business is eligible to take a child care tax credit.
55 The credit may be taken against the
business’ tax liability due for several different taxes, including corporate income tax and insurance premium tax.
56
To be an eligible child care facility, the facility must be a licensed child care facility or be exempt from licensure
pursuant to s. 402.316, F.S. Section 402.316, F.S., only provides licensure exemptions for child care facilities with
religious affiliations. The statute does not provide an exemption for a private business that operates a child care
facility that provides child care services solely for the employees of that business.
49 S. 402.3115, F.S.
50 Id.
51 DCF, Agency Bill Analysis HB 47 (2025), p. 7, on file with the Health and Human Services Subcommittee. Also see Rule 65C-20, F.A.C.
52 S. 402.316, F.S.
53 S. 402.305, F.S. and s. 402.3055, F.S.
54 S. 402.316(3), F.S.
55 S. 402.261, F.S.
56 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
Military-Operated Child Care Programs
The Department of Defense (DoD) and the U.S. Coast Guard have very similar requirements for child care provider
certifications, including background screening and training.
57
DoD certifies four types of child care programs to provide care for children of military families.
58
Child Development Centers are centers located on military installations/bases that provide child care
services for infants, pretoddlers, toddlers, and preschoolers. They operate Monday through Friday
during standard work hours, and depending on the location offer full-day, part-day, and hourly care.
Family Child Care (FCC) programs provide home based child care. Services are provided by qualified
child care professionals in their homes on or off the military installation. FCC programs are designed for
infants through school agers. Each FCC provider determines what care they offer, which may include
full-day, part-day, school year, summer camp, 24/7, and extended care. Some FCC providers offer
flexible operating hours, and are able to adjust their hours to accommodate requests from parents.
24/7 Centers provide child care for infants through school age children in a home-like setting during
both traditional and non-traditional hours on a regular basis. The program is designed to support
watch standers or shift workers who work rotating or non-traditional schedules (i.e., evenings,
overnights, and weekends),while other families may use a 24/7 Center if space is available; priority is
given to sponsors who require 24/7 care.
School Age Care (SAC) programs provide facility-based care for children from the start of
kindergarten through the end of the summer after seventh grade. This program type operates Monday
through Friday during standard work hours. SAC programs provide both School Year Care and Summer
Camp.
All military child care providers must be licensed professionals who have obtained favorable background checks
and a DoD Certificate to Operate. Each installation’s child care program ensures all providers complete a
comprehensive training program that promotes developmentally appropriate intellectual, social, emotional, and
physical learning.
59
DoD child care certification and screening standards are typically more stringent than state child care licensing
standards. Required screenings, inspections, and checks for all military operated child care programs include:
60
Criminal history background checks for all individuals who have regular contact with children in DoD
child care programs;
Annual inspections for fire, safety, sanitation, and health;
Multi-disciplinary team inspections that includes a parent representative; and
Military-service headquarters inspections.
The military-service headquarters inspection covers the following programmatic areas:
Resource management and administration;
Personnel management;
Background checks;
Oversight and inspections;
Facility;
57 Military Childcare.com, Military-Operated Child Care Programs, available at https://public.militarychildcare.csd.disa.mil/mcc-
central/mcchome/military-operated-child-care-programs, and United States Coast Guard, U.S. Department of Homeland Security, Child
Development Services (CDS), available at https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Human-Resources-CG-
1/Health-Safety-and-Work-Life-CG-11/Office-of-Work-Life-CG-111/Child-Care/, (last visited March 21, 2025).
58 Military Childcare, Military-Operated Child Care Programs, at https://public.militarychildcare.csd.disa.mil/mcc-central/mcchome/
military-operated-child-care-programs (last visited March 21, 2025).
59 Id.
60 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
12
Fire and safety;
Health and sanitation;
Nutrition and food service;
Child maltreatment and reporting;
Supervision of children;
Parent involvement, participation and communication; and
Learning activities and interactions with children.
DoD required screening, inspections, and checks for FCC providers include:
61
Criminal history background checks for the applicant and all residents over 18 years old;
Health screening and proof of immunizations for the provider and residents;
Home inspections for fire, safety, sanitation, and preventative medicine;
Monthly visits by an FCC staff member to observe, mentor and provide support;
Pet certificate if the provider has a pet to show that it has the appropriate vaccinations and is safe to be
around children; and
Proof of liability insurance.
DoD Child Care Training Requirements
DoD requires all child care providers and direct care personnel to complete 40 hours of orientation prior to
working with children, with the full 40 hours completed within the first 90 days of employment. The orientation
includes:
62
Working with children of different ages, including developmentally appropriate activities and
environmental observations;
Age-appropriate guidance and discipline techniques;
Applicable regulations, policies, and procedures;
Child safety and fire prevention;
Child abuse prevention, identification, and reporting;
Parent and family relations;
Health and sanitation procedures, including blood-borne pathogens, occupational health hazards for
direct care personnel, and recognizing symptoms of illness;
Emergency health and safety procedures, including pediatric cardiopulmonary resuscitation (CPR) and
first aid;
Safe infant sleep practices and Sudden Infant Death Syndrome (SIDS) prevention;
Nutrition, obesity prevention, and meal service;
Working with children with special needs;
Accountability and child supervision training;
For FCC providers only, infant and child (pediatric) CPR and first aid must be completed prior to
accepting children for care. Training shall be updated as necessary to maintain current certifications;
and
Training in business operations.
DoD Background Screening Requirements
DoD policy dictates that all individuals who have regular contact with children under 18 years of age in DoD
sanctioned child care services programs must undergo a criminal history background check, an Installation
61 Id.
62 Washington Headquarters Services, Department of Defense Instruction, at https://www.esd.whs.mil/portals/54/documents/dd/
issuances/dodi/606002p.pdf (last visited March 21, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
Records Check, and annually self-report changes to their criminal histories.
63 DoD also conducts an FBI fingerprint
criminal history background check.
DoD initiates a Tier 1 Investigation (Child Care National Agency Check and Inquiry). Elements of the investigation
include:
FBI criminal history background check;
State criminal history repository check of any former states of prospective employee;
State child abuse and neglect repository check; and
State sex offender registry check.
An installation records check reviews the applicant’s relevant and accessible past records, with a minimum
coverage of 2 years prior to the date of application, and includes:
Installation law enforcement or security records;
Family Advocacy Program records; and
64
Alcohol, drug, and substance abuse records (including pre-employment records and the results of any
random drug testing).
Special Assessments
There are 67 county governments and over 400 municipal governments in Florida. Municipalities levy and collect
special assessments to fund capital improvements and municipal services including but not limited to: fire
protection, emergency medical services, garbage disposal, sewer improvement, street improvement and parking
facilities. Small municipalities with a population fewer than 100 persons may use special assessments to fund
special security and crime prevention services and facilities.
65
Property owned or occupied by a religious institution, a public or private elementary, middle, or high school, or by
a governmentally financed, insured or subsidized housing facility that is used primarily for persons who are elderly
or disabled are exempt from any special assessments levied by a municipality.
66 Currently, no specific exemption
exists for child care facilities or preschools.
Child Care Tax Credit
Under Florida law, a business may qualify for a child care tax credit if the business establishes or operates an
eligible child care facility for its employees or pays an eligible child care facility on behalf of its employee for child
care.
67 An eligible child care facility is a child care facility that is licensed under Florida’s child care licensing
requirements or a child care facility that is exempt from licensure due to its religious affiliation, pursuant to s.
402.316, F.S.
68
The child care tax credit may be taken against the following Florida taxes:
Corporate income tax;
Excise tax on liquor, wine, and malt beverages;
Gas and oil production tax (up to 50% of the tax due on each return);
Insurance premium tax; and
63 Washington Headquarter Services, DoD Manual 1402.05 Background Checks on Individuals in Department of Defense Child Development and
Youth Programs, January 24, 2017, at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/ 140205_dodm_2017b.pdf
(last visited March 4, 2025).
64 A Family Advocacy Program is a DoD program designated to address domestic abuse, child abuse and neglect, and problematic sexual
behavior in children and youth. FAP works on every military installation where families are assigned, and supports service members and
their spouses, partners and families to prevent abuse, promote victim safety and offer treatment and rehabilitation for healing after a
traumatic event has occurred. See Washington Headquarters Services, DoD Instructions 6400.01 Family Advocacy Program (FAP), May 1,
2019, at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/640001p.pdf (last visited March 21, 2025).
65 S. 170.201, F.S.
66 S. 170.201(2), F.S.
67 S. 402.261, F.S.
68 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
14
Use tax due under a direct pay permit.
69
A business that operates an eligible child care facility may receive a credit of 50 percent of the startup costs of the
facility for the taxable year in which the facility begins operating. The maximum amount of credit that may be
granted is based on the number of employees as follows:
One to nineteen employees, the maximum credit is $1 million.
Twenty to two hundred fifty employees, the maximum credit is $500,000.
Two hundred fifty-one or more employees, the maximum credit is $250,000.
70
A business that operates an eligible child care facility for the taxpayer’s employees may receive a credit of $300 per
month for each eligible child enrolled in the facility. The maximum amount of credit that may be granted is based
on the number of employees as follows:
One to nineteen employees, the maximum credit is $50,000.
Twenty to two hundred fifty employees, the maximum credit is $500,000.
Two hundred fifty-one or more employees, the maximum credit is $1 million.
71
A business that makes payment to an eligible child care facility in the name and for the benefit of an employee of
the taxpayer is allowed a credit of 100 percent of the payment up to $3,600 per child. The maximum amount of
credit that may be granted is based on the number of employees as follows:
One to nineteen employees, the maximum credit is $50,000.
Twenty to two hundred fifty employees, the maximum credit is $500,000.
Two hundred fifty-one or more employees, the maximum credit is $1 million.
72
Insurance and Child Care Homes
Homeowners' insurance is a specific type of property insurance. Homeowners' insurance covers damage or loss by
theft and against perils which can include fire, and storm damage. It also may insure the owner for accidental
injury or death for which the owner may be legally responsible. Mortgage lenders usually require homeowners'
insurance as part of the mortgage terms.
73
While homeowners' insurance can specifically refer to the insurance of a house, it also encompasses the insurance
of other types of structures associated with personal residences, including tenants (renters) and condominium unit
owners.
74
Florida recognizes that family day care homes fulfill a vital role in providing child care and that residential
property insurance coverage should not be canceled, denied, or fail to be renewed solely on the basis of the family
day care services at the residence. The potential liability of residential property insurers is substantially increased
by the operation of child care services on the premises. Contractual liabilities that arise in connection with the
operation of the family day care home are excluded from residential property insurance policies unless they are
specifically included in such coverage.
75
In addition to family day care services, there are also over 400 large family day care services in Florida.
76 A large
family day care home is an occupied residence in which child care is regularly provided for children from at least
69
Id.
70
Id.
71
Id.
72
Id.
73 Florida Office of Insurance Regulation, Homeowners’ Insurance, available at https://floir.com/Sections/PandC/Homeowners/default.aspx,
(last visited March 21, 2025).
74 Id.
75 S. 627.70161, F.S.
76 DCF, Agency Bill Analysis HB 47 (2025), p. 3, on file with the Health and Human Services Subcommittee. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
15
two unrelated families where there is payment for the care provided and which has at least two full-time child care
personnel on the premise during hours of operation.
77 The insurance protections for family day care homes do not
extend to large family day care homes.
78
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 635 McFarland Grall Died in House
2023 CS/CS/CS/HB
1021
McFarland Grall Died in Senate
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Human Services Subcommittee 18 Y, 0 N, As CS 3/4/2025 Mitz Curry
THE CHANGES ADOPTED BY THE
COMMITTEE:
Requires DCF to provide background screening results to child care
facilities within three business days upon receipt of the criminal history
record check.
Requires DCF and local licensing agencies to develop and implement
abbreviated inspections for family day care homes and large family child
care homes.
Removed DCF authority to adopt rules and polices based on
recommendations of required reporting.
Exempts from licensure child care facilities and family day care homes
that are authorized to provide child care services by the DoD or the U.S.
Coast Guard and have completed DoD background screening and received
a favorable suitability and fitness determination.
Authorizes DCF and the local licensing agencies to adopt rules to
administer provisions relating to child care licensure exemptions,
including, but not limited to, assessments of previous licensure history.
Health Care Budget Subcommittee 12 Y, 0 N, As CS 3/26/2025 Clark Smith
THE CHANGES ADOPTED BY THE
COMMITTEE:
The changes made by the amendment were exclusively technical and did
not alter the substance or policy intent of the bill.
Health & Human Services
Committee
24 Y, 0 N, As CS 4/7/2025 Calamas Curry
THE CHANGES ADOPTED BY THE
COMMITTEE:
Removes authority created by the bill to create classification levels for
child care facility licensure violations directly related to the health and
safety of children.
Restores current law regarding abbreviated inspections for child care
facilities with no Class 1 or Class 2 deficiencies for at least 2 consecutive
years.
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
77 S. 402.302(11), F.S.
78 S. 627.70161, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
16
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