Florida Senate - 2025 CS for SB 738 By the Committee on Children, Families, and Elder Affairs; and Senator Burton 586-02324-25 2025738c1 1 A bill to be entitled 2 An act relating to child care and early learning 3 providers; amending s. 170.201, F.S.; exempting public 4 and private preschools from specified special 5 assessments levied by a municipality; defining the 6 term preschool; amending s. 402.305, F.S.; revising 7 licensing standards for all licensed child care 8 facilities and minimum standards and training 9 requirements for child care personnel; requiring the 10 Department of Children and Families to conduct 11 specified screenings of child care personnel within a 12 specified timeframe and issue provisional approval of 13 such personnel under certain conditions; providing an 14 exception; revising minimum standards for sanitation 15 and safety of child care facilities; making technical 16 changes; deleting provisions relating to educating 17 parents and children about specified topics; deleting 18 provisions relating to specialized child care 19 facilities for the care of mildly ill children; 20 amending s. 402.306, F.S.; requiring a county 21 commission to affirm annually certain decisions; 22 amending s. 402.3115, F.S.; expanding the types of 23 providers to be considered when developing and 24 implementing a plan to eliminate duplicative and 25 unnecessary inspections; revising requirements for an 26 abbreviated inspection plan for certain child care 27 facilities, family day care homes, and large family 28 child care homes; requiring the department to review 29 and update certain elements included in such 30 abbreviated inspections; requiring the department to 31 revise the abbreviated inspection plan as necessary; 32 amending s. 402.316, F.S.; providing that certain 33 child care facilities and family day care homes are 34 exempt from specified requirements; deleting a 35 provision requiring a county or city with certain 36 child care licensing programs in existence on a 37 specified date to continue to license certain 38 facilities under certain circumstances; authorizing 39 certain exempt child care facilities to submit an 40 application for licensure to the department or a local 41 licensing agency; requiring the department and the 42 local licensing agency to adopt rules; amending s. 43 1002.59, F.S.; conforming a cross-reference; providing 44 an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1.Subsection (2) of section 170.201, Florida 49 Statutes, is amended to read: 50 170.201Special assessments. 51 (2)Property owned or occupied by a religious institution 52 and used as a place of worship or education; by a public or 53 private preschool, elementary school, middle school, or high 54 school; or by a governmentally financed, insured, or subsidized 55 housing facility that is used primarily for persons who are 56 elderly or disabled shall be exempt from any special assessment 57 levied by a municipality to fund any service if the municipality 58 so desires. As used in this subsection, the term religious 59 institution means any church, synagogue, or other established 60 physical place for worship at which nonprofit religious services 61 and activities are regularly conducted and carried on and the 62 term governmentally financed, insured, or subsidized housing 63 facility means a facility that is financed by a mortgage loan 64 made or insured by the United States Department of Housing and 65 Urban Development under s. 8, s. 202, s. 221(d)(3) or (4), s. 66 232, or s. 236 of the National Housing Act and is owned or 67 operated by an entity that qualifies as an exempt charitable 68 organization under s. 501(c)(3) of the Internal Revenue Code. As 69 used in this subsection, the term preschool means any child 70 care facility licensed under s. 402.305. 71 Section 2.Paragraphs (a) and (c) of subsection (1), 72 paragraphs (a), (e), and (f) of subsection (2), paragraphs (a) 73 and (c) of subsection (7), and subsections (9), (13), and (17) 74 of section 402.305, Florida Statutes, are amended to read: 75 402.305Licensing standards; child care facilities. 76 (1)LICENSING STANDARDS.The department shall establish 77 licensing standards that each licensed child care facility must 78 meet regardless of the origin or source of the fees used to 79 operate the facility or the type of children served by the 80 facility. 81 (a)The standards shall be designed to address the 82 following areas: 83 1.the health and nutrition, sanitation, safety, 84 developmental needs, and sanitary adequate physical conditions 85 surroundings for all children served by in child care 86 facilities. 87 2.The health and nutrition of all children in child care. 88 3.The child development needs of all children in child 89 care. 90 (c)The minimum standards for child care facilities shall 91 be adopted in the rules of the department and shall address the 92 areas delineated in this section. 93 1.The department, in adopting rules to establish minimum 94 standards for child care facilities, shall recognize that 95 different age groups of children may require different 96 standards. 97 2.The department may adopt different minimum standards for 98 facilities that serve children in different age groups, 99 including school-age children. 100 3.The department may create up to three classification 101 levels for violations of licensing standards that directly 102 relate to the health and safety of a child. A class three 103 violation is the least serious in nature and must be the same 104 incident of noncompliance that occurs at least three times 105 within a 2-year period. 106 4.The department shall also adopt by rule a definition for 107 child care which distinguishes between child care programs that 108 require child care licensure and after-school programs that do 109 not require licensure. Notwithstanding any other provision of 110 law to the contrary, minimum child care licensing standards 111 shall be developed to provide for reasonable, affordable, and 112 safe before-school and after-school care. After-school programs 113 that otherwise meet the criteria for exclusion from licensure 114 may provide snacks and meals through the federal Afterschool 115 Meal Program (AMP) administered by the Department of Health in 116 accordance with federal regulations and standards. The 117 Department of Health shall consider meals to be provided through 118 the AMP only if the program is actively participating in the 119 AMP, is in good standing with the department, and the meals meet 120 AMP requirements. Standards, at a minimum, shall allow for a 121 credentialed director to supervise multiple before-school and 122 after-school sites. 123 (2)PERSONNEL.Minimum standards for child care personnel 124 shall include minimum requirements as to: 125 (a)Good moral character based upon screening as defined in 126 s. 402.302(15). This screening shall be conducted as provided in 127 chapter 435, using the level 2 standards for screening provided 128 set forth in that chapter, and include employment history 129 checks, a search of criminal history records, sexual predator 130 and sexual offender registries, and child abuse and neglect 131 registry of any state in which the current or prospective child 132 care personnel resided during the preceding 5 years. The 133 department shall complete the screening and provide the results 134 to the child care facility within 3 business days from the 135 receipt of the criminal history record check. If the department 136 is unable to complete the screening within 3 business days, the 137 department shall issue the current or prospective child care 138 personnel a 45-day provisional-hire status while all required 139 information is being requested and the department is awaiting 140 results unless the department has reason to believe a 141 disqualifying factor may exist. During the 45-day period, the 142 current or prospective child care personnel must be under the 143 direct supervision of a screened and trained staff member when 144 in contact with children. 145 (e)Minimum training requirements for child care personnel. 146 1.Such minimum standards for training shall ensure that 147 all child care personnel take an approved 40-clock-hour 148 introductory course in child care, which course covers at least 149 the following topic areas: 150 a.State and local rules and regulations which govern child 151 care. 152 b.Health, safety, and nutrition. 153 c.Identifying and reporting child abuse and neglect. 154 d.Child development, including typical and atypical 155 language, cognitive, motor, social, and self-help skills 156 development. 157 e.Observation of developmental behaviors, including using 158 a checklist or other similar observation tools and techniques to 159 determine the childs developmental age level. 160 f.Specialized areas, including computer technology for 161 professional and classroom use and early literacy and language 162 development of children from birth to 5 years of age, as 163 determined by the department, for owner-operators and child care 164 personnel of a child care facility. 165 g.Developmental disabilities, including autism spectrum 166 disorder and Down syndrome, and early identification, use of 167 available state and local resources, classroom integration, and 168 positive behavioral supports for children with developmental 169 disabilities. 170 h.Online training coursework, provided at no cost by the 171 department, to meet minimum training standards for child care 172 personnel. 173 174 Within 90 days after employment, child care personnel shall 175 begin training to meet the training requirements. Child care 176 personnel shall successfully complete such training within 1 177 year after the date on which the training began, as evidenced by 178 passage of an in-person or online a competency examination. 179 Successful completion of the 40-clock-hour introductory course 180 shall articulate into community college credit in early 181 childhood education, pursuant to ss. 1007.24 and 1007.25. 182 Exemption from all or a portion of the required training shall 183 be granted to child care personnel based upon educational 184 credentials or passage of competency examinations. Child care 185 personnel possessing a 2-year degree or higher that includes 6 186 college credit hours in early childhood development or child 187 growth and development, or a child development associate 188 credential or an equivalent state-approved child development 189 associate credential, or a child development associate waiver 190 certificate shall be automatically exempted from the training 191 requirements in sub-subparagraphs b., d., and e. 192 2.The introductory course in child care shall stress, to 193 the extent possible, an interdisciplinary approach to the study 194 of children. 195 2.3.The introductory course shall cover recognition and 196 prevention of shaken baby syndrome; prevention of sudden infant 197 death syndrome; recognition and care of infants and toddlers 198 with developmental disabilities, including autism spectrum 199 disorder and Down syndrome; and early childhood brain 200 development within the topic areas identified in this paragraph. 201 3.4.On an annual basis in order to further their child 202 care skills and, if appropriate, administrative skills, child 203 care personnel who have fulfilled the requirements for the child 204 care training shall be required to take an additional 1 205 continuing education unit of approved inservice training, or 10 206 clock hours of equivalent training, as determined by the 207 department. 208 4.5.Child care personnel shall be required to complete 0.5 209 continuing education unit of approved training or 5 clock hours 210 of equivalent training, as determined by the department, in 211 early literacy and language development of children from birth 212 to 5 years of age one time. The year that this training is 213 completed, it shall fulfill the 0.5 continuing education unit or 214 5 clock hours of the annual training required in subparagraph 3. 215 4. 216 5.6.Procedures for ensuring the training of qualified 217 child care professionals to provide training of child care 218 personnel, including onsite training, shall be included in the 219 minimum standards. It is recommended that the state community 220 child care coordination agencies (central agencies) be 221 contracted by the department to coordinate such training when 222 possible. Other district educational resources, such as 223 community colleges and career programs, can be designated in 224 such areas where central agencies may not exist or are 225 determined not to have the capability to meet the coordination 226 requirements set forth by the department. 227 6.7.Training requirements do shall not apply to certain 228 occasional or part-time support staff, including, but not 229 limited to, swimming instructors, piano teachers, dance 230 instructors, and gymnastics instructors. 231 7.8.The child care operator shall be required to take 232 basic training in serving children with disabilities within 5 233 years after employment, either as a part of the introductory 234 training or the annual 8 hours of inservice training. 235 (f)Periodic health examinations for child care facility 236 drivers. 237 (7)SANITATION AND SAFETY. 238 (a)Minimum standards must shall include requirements for 239 sanitary and safety conditions, first aid treatment, emergency 240 procedures, and pediatric cardiopulmonary resuscitation. The 241 minimum standards must shall require that at least one staff 242 person trained in person in cardiopulmonary resuscitation, as 243 evidenced by current documentation of course completion, must be 244 present at all times that children are present. 245 (c)Some type of communications system, such as a pocket 246 pager or beeper, shall be provided to a parent whose child is in 247 drop-in child care to ensure the immediate return of the parent 248 to the child, if necessary. 249 (9)ADMISSIONS AND RECORDKEEPING. 250 (a)Minimum standards must shall include requirements for 251 preadmission and periodic health examinations, requirements for 252 immunizations, and requirements for maintaining emergency 253 information and health records on all children. 254 (b)During the months of August and September of each year, 255 each child care facility shall provide parents of children 256 enrolled in the facility detailed information regarding the 257 causes, symptoms, and transmission of the influenza virus in an 258 effort to educate those parents regarding the importance of 259 immunizing their children against influenza as recommended by 260 the Advisory Committee on Immunization Practices of the Centers 261 for Disease Control and Prevention. 262 (c)During the months of April and September of each year, 263 at a minimum, each facility shall provide parents of children 264 enrolled in the facility information regarding the potential for 265 a distracted adult to fail to drop off a child at the facility 266 and instead leave the child in the adults vehicle upon arrival 267 at the adults destination. The child care facility shall also 268 give parents information about resources with suggestions to 269 avoid this occurrence. The department shall develop a flyer or 270 brochure with this information that shall be posted to the 271 departments website, which child care facilities may choose to 272 reproduce and provide to parents to satisfy the requirements of 273 this paragraph. 274 (b)(d)Because of the nature and duration of drop-in child 275 care, requirements for preadmission and periodic health 276 examinations and requirements for medically signed records of 277 immunization required for child care facilities do shall not 278 apply. A parent of a child in drop-in child care shall, however, 279 be required to attest to the childs health condition and the 280 type and current status of the childs immunizations. 281 (c)(e)Any child shall be exempt from medical or physical 282 examination or medical or surgical treatment upon written 283 request of the parent or guardian of such child who objects to 284 the examination and treatment. However, the laws, rules, and 285 regulations relating to contagious or communicable diseases and 286 sanitary matters shall not be violated because of any exemption 287 from or variation of the health and immunization minimum 288 standards. 289 (13)PLAN OF ACTIVITIES.Minimum standards shall ensure 290 that each child care facility has and implements a written plan 291 for the daily provision of varied activities and active and 292 quiet play opportunities appropriate to the age of the child. 293 The written plan must include a program, to be implemented 294 periodically for children of an appropriate age, which will 295 assist the children in preventing and avoiding physical and 296 mental abuse. 297 (17)SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF 298 MILDLY ILL CHILDREN.Minimum standards shall be developed by the 299 department, in conjunction with the Department of Health, for 300 specialized child care facilities for the care of mildly ill 301 children. The minimum standards shall address the following 302 areas: personnel requirements; staff-to-child ratios; staff 303 training and credentials; health and safety; physical facility 304 requirements, including square footage; client eligibility, 305 including a definition of mildly ill children; sanitation and 306 safety; admission and recordkeeping; dispensing of medication; 307 and a schedule of activities. 308 Section 3.Subsection (1) of section 402.306, Florida 309 Statutes, is amended to read: 310 402.306Designation of licensing agency; dissemination by 311 the department and local licensing agency of information on 312 child care. 313 (1)(a)Any county whose licensing standards meet or exceed 314 state minimum standards may: 315 1.(a)Designate a local licensing agency to license child 316 care facilities in the county; or 317 2.(b)Contract with the department to delegate the 318 administration of state minimum standards in the county to the 319 department. 320 (b)The decision to designate a local licensing agency 321 under subparagraph (a)1. must be annually affirmed by a majority 322 vote of the county commission. 323 Section 4.Section 402.3115, Florida Statutes, is amended 324 to read: 325 402.3115Elimination of duplicative and unnecessary 326 inspections; abbreviated inspections. 327 (1)The Department of Children and Families and local 328 governmental agencies that license child care facilities shall 329 develop and implement a plan to eliminate duplicative and 330 unnecessary inspections of child care facilities, family day 331 care homes, and large family child care homes. 332 (2)(a)In addition, The department and the local 333 governmental agencies shall develop and implement an abbreviated 334 inspection plan for child care facilities, family day care 335 homes, and large family child care homes that meet all of the 336 following conditions: 337 1.Have been licensed for at least 2 consecutive years. 338 2.Have not had a no Class 1 deficiency, as defined by 339 rule, for at least 2 consecutive years. 340 3.Have not had more than three of the same or Class 2 341 deficiencies, as defined by rule, for at least 2 consecutive 342 years. 343 4.Have received at least two full onsite renewal 344 inspections in the most recent 2 years. 345 5.Do not have any current uncorrected violations. 346 6.Do not have any open regulatory complaints or active 347 child protective services investigations. 348 (b)The abbreviated inspection must include those elements 349 identified by the department and the local governmental agencies 350 as being key indicators of whether the child care facility 351 continues to provide quality care and programming. The 352 department shall review and update these elements every 5 years. 353 (3)The department shall revise the plan under subsection 354 (1) as necessary to maintain the validity and effectiveness of 355 inspections. 356 Section 5.Section 402.316, Florida Statutes, is amended to 357 read: 358 402.316Exemptions. 359 (1)The provisions of ss. 402.301-402.319, except for the 360 requirements regarding screening of child care personnel, do 361 shall not apply to a child care facility which is an integral 362 part of church or parochial schools, or a child care facility 363 that solely provides child care to eligible children as defined 364 in s. 402.261(1)(c), conducting regularly scheduled classes, 365 courses of study, or educational programs accredited by, or by a 366 member of, an organization which publishes and requires 367 compliance with its standards for health, safety, and 368 sanitation. However, such facilities shall meet minimum 369 requirements of the applicable local governing body as to 370 health, sanitation, and safety and shall meet the screening 371 requirements pursuant to ss. 402.305 and 402.3055. Failure by a 372 facility to comply with such screening requirements shall result 373 in the loss of the facilitys exemption from licensure. 374 (2)The provisions of ss. 402.301-402.319 do not apply to a 375 child care facility or family day care home if the child care 376 facility or family day care home has a certificate issued by the 377 United States Department of Defense or by the United States 378 Coast Guard to provide child care and has completed background 379 screening by the United States Department of Defense pursuant to 380 34 U.S.C. s. 20351 and 32 C.F.R. part 86 and received a 381 favorable suitability and fitness determination. If the child 382 care facility or family day care home elects to serve children 383 ineligible for care under the United States Department of 384 Defense Instruction 6060.02, the child care facility or family 385 day care home must be licensed under chapter 402. 386 (3)(2)Any county or city with state or local child care 387 licensing programs in existence on July 1, 1974, will continue 388 to license the child care facility facilities as covered by such 389 programs, notwithstanding the exemption under provisions of 390 subsection (1) which desires to be licensed may submit an 391 application to the department or local licensing agency pursuant 392 to s. 402.308(4), until and unless the licensing agency makes a 393 determination to exempt them. 394 (4)(3)The department and the local licensing agency 395 pursuant to s. 402.308(4) shall adopt rules to administer and 396 implement this section, including, but not limited to, any 397 assessments of previous licensure history Any child care 398 facility covered by the exemption provisions of subsection (1), 399 but desiring to be included in this act, is authorized to do so 400 by submitting notification to the department. Once licensed, 401 such facility cannot withdraw from the act and continue to 402 operate. 403 Section 6.Subsection (1) of section 1002.59, Florida 404 Statutes, is amended to read: 405 1002.59Emergent literacy and performance standards 406 training courses. 407 (1)The department, in collaboration with the Just Read, 408 Florida! Office, shall adopt minimum standards for courses in 409 emergent literacy for prekindergarten instructors. Each course 410 must consist of 5 clock hours and provide instruction in 411 strategies and techniques to address the age-appropriate 412 progress of prekindergarten students in developing emergent 413 literacy skills, including oral communication, knowledge of 414 print and letters, phonological and phonemic awareness, 415 vocabulary and comprehension development, and foundational 416 background knowledge designed to correlate with the content that 417 students will encounter in grades K-12, consistent with the 418 evidence-based content and strategies grounded in the science of 419 reading identified pursuant to s. 1001.215(7). The course 420 standards must be reviewed as part of any review of subject 421 coverage or endorsement requirements in the elementary, reading, 422 and exceptional student educational areas conducted pursuant to 423 s. 1012.586. Each course must also provide resources containing 424 strategies that allow students with disabilities and other 425 special needs to derive maximum benefit from the Voluntary 426 Prekindergarten Education Program. Successful completion of an 427 emergent literacy training course approved under this section 428 satisfies requirements for approved training in early literacy 429 and language development under ss. 402.305(2)(e)4., 402.313(6), 430 and 402.3131(5) ss. 402.305(2)(e)5., 402.313(6), and 431 402.3131(5). 432 Section 7.This act shall take effect July 1, 2025.