SESSION WATCH
THE BILL ITSELF

CS/CS/CS/SB 1690

Child Care and Early Learning Services

VERSION S 1690 er · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

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2026 Legislature CS for CS for CS for SB 1690, 1st Engrossed 20261690er
2 An act relating to child care and early learning
3 services; amending s. 402.306, F.S.; revising the
4 information on child care required to be disseminated
5 electronically to the community; amending ss. 402.313
6 and 402.3131, F.S.; deleting the requirement that
7 family child care homes and large family child care
8 homes, respectively, provide specified information to
9 parents each year; conforming provisions to changes
10 made by the act; amending s. 402.316, F.S.; requiring
11 that certain child care facilities exempt from
12 licensure requirements meet certain minimum
13 requirements; providing that failure to meet such
14 minimum requirements results in the loss of the
15 exemption from licensure; requiring a child care
16 facility exempt from licensure requirements to include
17 a specified statement on its website and in its
18 promotional materials and facility-created documents
19 and forms provided to families served by the child
20 care facility; amending s. 627.70161, F.S.; changing
21 the term “family day care home” to “family child care
22 home”; providing legislative findings and intent
23 relating to large family child care homes; defining
24 the term “large family child care home”; prohibiting
25 residential property insurance policies from providing
26 coverage for liability for claims arising out of, or
27 in connection with, the operations of large family
28 child care homes; providing that insurers are under no
29 obligation to defend against lawsuits covering such
30 claims; providing exceptions; prohibiting insurers
31 from denying, cancelling, or refusing to renew a
32 policy for residential property insurance on the basis
33 that the policyholders or applicants operate large
34 family child care homes; providing exceptions;
35 amending s. 1001.24, F.S.; revising the definition of
36 the term “Department of Education direct-support
37 organization”; creating s. 1002.821, F.S.; creating
38 the Florida Child Care Fund for a specified purpose;
39 requiring a Department of Education direct-support
40 organization to administer the fund; requiring funds
41 to be deposited into the Early Learning Fund;
42 requiring legislative appropriations from the Child
43 Care and Development Block Grant Trust Fund to be
44 deposited into the Early Learning Fund; requiring that
45 funds from state sources and interest earnings be
46 accounted for separately; specifying uses for such
47 funds; beginning on a specified date, requiring the
48 Division of Early Learning to prepare, and the
49 Department of Education to publish on its website, an
50 annual report on the performance of the fund;
51 specifying requirements for the reports; amending s.
52 1002.95, F.S.; requiring the administrator of the
53 Teacher Education and Compensation Helps Scholarship
54 Program, subject to an appropriation, to establish and
55 administer the Center for Early Childhood Professional
56 Recognition for a specified purpose; amending ss.
57 39.202, 125.0109, 166.0445, 212.08, 402.302, 402.305,
58 402.309, 402.310, 402.3115, 402.312, 402.315, 402.318,
59 402.319, 409.988, 411.203, 1002.55, 1002.82, 1002.83,
60 1002.84, 1002.88, 1002.895, 1002.92, 1002.93, and
61 1002.945, F.S.; conforming provisions to changes made
62 by the act; providing an effective date.
64 Be It Enacted by the Legislature of the State of Florida:
66 Section 1. Subsection (3) of section 402.306, Florida
67 Statutes, is amended to read:
68 402.306 Designation of licensing agency; dissemination by
69 the department and local licensing agency of information on
70 child care.—
71 (3) The department and local licensing agencies, or the
72 designees thereof, shall be responsible for coordination and
73 dissemination of information on child care to the community and
74 shall make available through electronic means all licensing
75 standards and procedures, health and safety standards for school
76 readiness providers, monitoring and inspection reports, and the
77 names and addresses of licensed child care facilities, school
78 readiness program providers, and, where applicable pursuant to
79 s. 402.313, licensed or registered family child day care homes.
80 This information shall also include the number of deaths,
81 serious injuries, and instances of substantiated child abuse
82 that have occurred in child care settings , including those which
83 are exempt pursuant to s. 402.316(1) or (2), each year; research
84 and best practices in child development; and resources regarding
85 social-emotional development, parent and family engagement,
86 healthy eating, and physical activity.
87 Section 2. Section 402.313, Florida Statutes, is amended to
88 read:
89 402.313 Family child day care homes.—
90 (1) Family child day care homes shall be licensed under
91 this act if they are presently being licensed under an existing
92 county licensing ordinance or if the board of county
93 commissioners passes a resolution that family child day care
94 homes be licensed.
95 (a) If not subject to license, family child day care homes
96 shall register annually with the department, providing the
97 following information:
98 1. The name and address of the home.
99 2. The name of the operator.
100 3. The number of children served.
101 4. Proof of a written plan to provide at least one other
102 competent adult to be available to substitute for the operator
103 in an emergency. This plan shall include the name, address, and
104 telephone number of the designated substitute.
105 5. Proof of screening and background checks.
106 6. Proof of successful completion of the 30-hour training
107 course, as evidenced by passage of a competency examination,
108 which shall include:
109 a. State and local rules and regulations that govern child
110 care.
111 b. Health, safety, and nutrition.
112 c. Identifying and reporting child abuse and neglect.
113 d. Child development, including typical and atypical
114 language development; and cognitive, motor, social, and self
115 help skills development.
116 e. Observation of developmental behaviors, including using
117 a checklist or other similar observation tools and techniques to
118 determine a child’s developmental level.
119 f. Specialized areas, including early literacy and language
120 development of children from birth to 5 years of age, as
121 determined by the department, for owner-operators of family
122 child day care homes.
123 7. Proof that immunization records are kept current.
124 8. Proof of completion of the required continuing education
125 units or clock hours.
126 (b) A family child day care home may volunteer to be
127 licensed under this act.
128 (c) The department may provide technical assistance to
129 counties and family child day care home providers to enable
130 counties and family child day care providers to achieve
131 compliance with family child day care homes standards.
132 (2) This information shall be included in a directory to be
133 published annually by the department to inform the public of
134 available child care facilities.
135 (3) Child care personnel in family child day care homes
136 shall be subject to the applicable screening provisions
137 contained in ss. 402.305(2) and 402.3055. For purposes of
138 screening in family child day care homes, the term includes any
139 member over the age of 12 years of a family child day care home
140 operator’s family, or persons over the age of 12 years residing
141 with the operator in the family child day care home. Members of
142 the operator’s family, or persons residing with the operator,
143 who are between the ages of 12 years and 18 years shall not be
144 required to be fingerprinted, but shall be screened for
145 delinquency records.
146 (4) Operators of family child day care homes must
147 successfully complete an approved 30-clock-hour introductory
148 course in child care, as evidenced by passage of a competency
149 examination, before caring for children.
150 (5) In order to further develop their child care skills
151 and, if appropriate, their administrative skills, operators of
152 family child day care homes shall be required to complete an
153 additional 1 continuing education unit of approved training or
154 10 clock hours of equivalent training, as determined by the
155 department, annually.
156 (6) Operators of family child day care homes shall be
157 required to complete 0.5 continuing education unit of approved
158 training in early literacy and language development of children
159 from birth to 5 years of age one time. The year that this
160 training is completed, it shall fulfill the 0.5 continuing
161 education unit or 5 clock hours of the annual training required
162 in subsection (5).
163 (7) Operators of family child day care homes shall be
164 required annually to complete a health and safety home
165 inspection self-evaluation checklist developed by the department
166 in conjunction with the statewide resource and referral program.
167 The completed checklist shall be signed by the operator of the
168 family child day care home and provided to parents as
169 certification that basic health and safety standards are being
170 met.
171 (8) Family child day care home operators may avail
172 themselves of supportive services offered by the department.
173 (9) The department shall prepare a brochure on family child
174 day care for distribution by the department and by local
175 licensing agencies, if appropriate, to family child day care
176 homes for distribution to parents utilizing such child care, and
177 to all interested persons, including physicians and other health
178 professionals; mental health professionals; school teachers or
179 other school personnel; social workers or other professional
180 child care, foster care, residential, or institutional workers;
181 and law enforcement officers. The brochure shall, at a minimum,
182 contain the following information:
183 (a) A brief description of the requirements for family
184 child day care registration, training, and fingerprinting and
185 screening.
186 (b) A listing of those counties that require licensure of
187 family child day care homes. Such counties shall provide an
188 addendum to the brochure that provides a brief description of
189 the licensure requirements or may provide a brochure in lieu of
190 the one described in this subsection, provided it contains all
191 the required information on licensure and the required
192 information in the subsequent paragraphs.
193 (c) A statement indicating that information about the
194 family child day care home’s compliance with applicable state or
195 local requirements can be obtained by telephoning the department
196 office or the office of the local licensing agency, if
197 appropriate, at a telephone number or numbers which shall be
198 affixed to the brochure.
199 (d) The statewide toll-free telephone number of the central
200 abuse hotline, together with a notice that reports of suspected
201 and actual child physical abuse, sexual abuse, and neglect are
202 received and referred for investigation by the hotline.
203 (e) Any other information relating to competent child care
204 that the department or local licensing agency, if preparing a
205 separate brochure, deems would be helpful to parents and other
206 caretakers in their selection of a family child day care home.
207 (10) On an annual basis, the department shall evaluate the
208 registration and licensure system for family child day care
209 homes. Such evaluation shall, at a minimum, address the
210 following:
211 (a) The number of family child day care homes registered
212 and licensed and the dates of such registration and licensure.
213 (b) The number of children being served in both registered
214 and licensed family child day care homes and any available slots
215 in such homes.
216 (c) The number of complaints received concerning family
217 child day care, the nature of the complaints, and the resolution
218 of such complaints.
219 (d) The training activities utilized by child care
220 personnel in family child day care homes for meeting the state
221 or local training requirements.
223 The evaluation shall be utilized by the department in any
224 administrative modifications or adjustments to be made in the
225 registration of family child day care homes or in any
226 legislative requests for modifications to the system of
227 registration or to other requirements for family child day care
228 homes.
229 (11) In order to inform the public of the state requirement
230 for registration of family child day care homes as well as the
231 other requirements for such homes to legally operate in the
232 state, the department shall institute a media campaign to
233 accomplish this end. Such a campaign shall include, at a
234 minimum, flyers, newspaper advertisements, radio advertisements,
235 and television advertisements.
236 (12) Notwithstanding any other state or local law or
237 ordinance, any family child day care home licensed pursuant to
238 this chapter or pursuant to a county ordinance shall be charged
239 the utility rates accorded to a residential home. A licensed
240 family child day care home may not be charged commercial utility
241 rates.
242 (13) The department shall, by rule, establish minimum
243 standards for family child day care homes that are required to
244 be licensed by county licensing ordinance or county licensing
245 resolution or that voluntarily choose to be licensed. The
246 standards should include requirements for staffing, training,
247 maintenance of immunization records, minimum health and safety
248 standards, reduced standards for the regulation of child care
249 during evening hours by municipalities and counties, and
250 enforcement of standards.
251 (14) During the months of August and September of each
252 year, each family day care home shall provide parents of
253 children enrolled in the home detailed information regarding the
254 causes, symptoms, and transmission of the influenza virus in an
255 effort to educate those parents regarding the importance of
256 immunizing their children against influenza as recommended by
257 the Advisory Committee on Immunization Practices of the Centers
258 for Disease Control and Prevention.
259 (15) During the months of April and September of each year,
260 at a minimum, each family day care home shall provide parents of
261 children attending the family day care home information
262 regarding the potential for a distracted adult to fail to drop
263 off a child at the family day care home and instead leave the
264 child in the adult’s vehicle upon arrival at the adult’s
265 destination. The family day care home shall also give parents
266 information about resources with suggestions to avoid this
267 occurrence. The department shall develop a flyer or brochure
268 with this information that shall be posted to the department’s
269 website, which family day care homes may choose to reproduce and
270 provide to parents to satisfy the requirements of this
271 subsection.
272 Section 3. Subsections (9) and (10) of section 402.3131,
273 Florida Statutes, are amended to read:
274 402.3131 Large family child care homes.—
275 (9) During the months of August and September of each year,
276 each large family child care home shall provide parents of
277 children enrolled in the home detailed information regarding the
278 causes, symptoms, and transmission of the influenza virus in an
279 effort to educate those parents regarding the importance of
280 immunizing their children against influenza as recommended by
281 the Advisory Committee on Immunization Practices of the Centers
282 for Disease Control and Prevention.
283 (10) During the months of April and September of each year,
284 at a minimum, each large family child care home shall provide
285 parents of children attending the large family child care home
286 information regarding the potential for a distracted adult to
287 fail to drop off a child at the large family child care home and
288 instead leave the child in the adult’s vehicle upon arrival at
289 the adult’s destination. The large family child care home shall
290 also give parents information about resources with suggestions
291 to avoid this occurrence. The department shall develop a flyer
292 or brochure with this information that shall be posted to the
293 department’s website, which large family child care homes may
294 choose to reproduce and provide to parents to satisfy the
295 requirements of this subsection.
296 Section 4. Section 402.316, Florida Statutes, is amended to
297 read:
298 402.316 Exemptions.—
299 (1) The provisions of ss. 402.301-402.319, except for the
300 requirements regarding screening of child care personnel
301 pursuant to ss. 402.305 and 402.3055 , do not apply to a child
302 care facility which is an integral part of church or parochial
303 schools , or a child care facility that solely provides child
304 care to eligible children as defined in s. 402.261(1)(c),
305 conducting regularly scheduled classes, courses of study, or
306 educational programs accredited by, or by a member of, an
307 organization that which publishes and requires compliance with
308 its standards for health, safety, and sanitation. However, Such
309 facilities must shall meet minimum requirements of the
310 applicable local governing body as to health, sanitation, and
311 safety and shall meet the screening requirements pursuant to ss.
312 402.305 and 402.3055 . Failure by a facility to comply with such
313 screening requirements pursuant to ss. 402.305 and 402.3055
314 shall result in the loss of the facility’s exemption from
315 licensure.
316 (2) The provisions of ss. 402.301-402.319, except for the
317 requirements regarding screening of child care personnel
318 pursuant to ss. 402.305 and 402.3055, do not apply to a child
319 care facility that solely provides child care to eligible
320 children as defined in s. 402.261(1)(c). Such facilities must
321 meet minimum requirements of the applicable local governing body
322 as to health, sanitation, and safety. Failure by a facility to
323 comply with screening requirements pursuant to ss. 402.305 and
324 402.3055 shall result in the loss of the facility’s exemption
325 from licensure.
326 (3) (2) The provisions of ss. 402.301-402.319 do not apply
327 to a child care facility or family child day care home if the
328 child care facility or family child day care home has a
329 certificate issued by the United States Department of Defense or
330 by the United States Coast Guard to provide child care and has
331 completed background screening by the United States Department
332 of Defense pursuant to 34 U.S.C. s. 20351 and 32 C.F.R. part 86
333 and received a favorable suitability and fitness determination.
334 If the child care facility or family child day care home elects
335 to serve children ineligible for care under the United States
336 Department of Defense Instruction 6060.02, the child care
337 facility or family child day care home must be licensed under
338 this chapter.
339 (4) (3) Any child care facility covered by the exemption
340 under subsection (1) or subsection (2) which desires to be
341 licensed may submit an application to the department or local
342 licensing agency pursuant to s. 402.308(4).
343 (5) (4) The department and the local licensing agency
344 pursuant to s. 402.308(4) shall adopt rules to administer and
345 implement this section, including, but not limited to, any
346 assessments of previous licensure history.
347 (6) A child care facility exempt under subsection (1) or
348 subsection (2) must include, at a minimum, the following
349 statement on its website, in its promotional materials, and on
350 its facility-created documents and forms provided to families
351 served by the child care facility: “(Child care facility name)
352 is a child care facility operating under an exemption pursuant
353 to the laws of the State of Florida and is not subject to
354 licensure or regulation by the Department of Children and
355 Families.”
356 Section 5. Section 627.70161, Florida Statutes, is amended
357 to read:
358 627.70161 Family child day care and large family child care
359 insurance.—
360 (1) PURPOSE AND INTENT.—The Legislature recognizes that
361 family child day care and large family child care homes fulfill
362 a vital role in providing child care in Florida. It is the
363 intent of the Legislature that residential property insurance
364 coverage should not be canceled, denied, or nonrenewed solely on
365 the basis of the child family day care services at the
366 residence. The Legislature also recognizes that the potential
367 liability of residential property insurers is substantially
368 increased by the rendition of child care services on the
369 premises. The Legislature therefore finds that there is a public
370 need to specify that contractual liabilities that arise in
371 connection with the operation of the family child day care home
372 or the large family child care home are excluded from
373 residential property insurance policies unless they are
374 specifically included in such coverage.
375 (2) DEFINITIONS.—As used in this section, the term:
376 (a) “Child care” means the care, protection, and
377 supervision of a child, for a period of less than 24 hours a day
378 on a regular basis, which supplements parental care, enrichment,
379 and health supervision for the child, in accordance with his or
380 her individual needs, and for which a payment, fee, or grant is
381 made for care.
382 (b) “Family child day care home” means an occupied
383 residence in which child care is regularly provided for children
384 from at least two unrelated families and which receives a
385 payment, fee, or grant for any of the children receiving care,
386 whether or not operated for a profit.
387 (c) “Large family child care home” means an occupied
388 residence in which child care is regularly provided for children
389 from at least two unrelated families; which receives a payment,
390 fee, or grant for any of the children receiving care, whether or
391 not operated for profit; and which has at least two full-time
392 child care personnel on the premises during the hours of
393 operation. One of the two full-time child care personnel must be
394 the owner or occupant of the residence. A large family child
395 care home must first have operated as a licensed family child
396 care home for at least 2 years, with an operator who has held a
397 child development associate credential or its equivalent for at
398 least 1 year, before seeking licensure as a large family child
399 care home. Household children under 13 years of age, when on the
400 premises of the large family child care home or on a field trip
401 with children enrolled in child care, must be included in the
402 overall capacity of the licensed home. A large family child care
403 home may provide care for one of the following groups of
404 children, which must include household children under 13 years
405 of age:
406 1. A maximum of 8 children from birth to 24 months of age.
407 2. A maximum of 12 children, with no more than 4 children
408 under 24 months of age.
409 (3) FAMILY CHILD DAY CARE AND LARGE FAMILY CHILD CARE
410 HOMES ; COVERAGE.—A residential property insurance policy may
411 shall not provide coverage for liability for claims arising out
412 of, or in connection with, the operation of a family child day
413 care home or a large family child care home , and the insurer
414 shall be under no obligation to defend against lawsuits covering
415 such claims, unless:
416 (a) Specifically covered in a policy; or
417 (b) Covered by a rider or endorsement for business coverage
418 attached to a policy.
419 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
420 insurer may not deny, cancel, or refuse to renew a policy for
421 residential property insurance solely on the basis that the
422 policyholder or applicant operates a family child day care home
423 or a large family child care home . In addition to other lawful
424 reasons for refusing to insure, an insurer may deny, cancel, or
425 refuse to renew a policy of a family child day care home or
426 large family child care home provider if one or more of the
427 following conditions occur:
428 (a) The policyholder or applicant provides care for more
429 children than authorized for family day care homes by s.
430 402.302;
431 (b) The policyholder or applicant fails to maintain a
432 separate commercial liability policy or an endorsement providing
433 liability coverage for the family child day care home or large
434 family child care home operations;
435 (c) The policyholder or applicant fails to comply with the
436 applicable family day care home licensure and registration
437 requirements specified in chapter 402 s. 402.313 ; or
438 (d) Discovery of willful or grossly negligent acts or
439 omissions or any violations of state laws or regulations
440 establishing safety standards for family child day care homes or
441 large family child care homes by the named insured or his or her
442 representative which materially increase any of the risks
443 insured.
444 Section 6. Section 1001.24, Florida Statutes, is amended to
445 read:
446 1001.24 Direct-support organization; use of property; board
447 of directors; audit.—
448 (1) DEFINITIONS.—For the purposes of this section, the
449 term:
450 (a) “Department of Education direct-support organization”
451 means an organization:
452 1. That is a corporation not for profit that is
453 incorporated under the provisions of chapter 617 and approved by
454 the Department of State.
455 2. That is organized and operated exclusively to receive,
456 hold, invest, and administer property and to make expenditures
457 to or for the benefit of early learning programs for children
458 from birth to 5 years of age and public prekindergarten through
459 12th grade education in this state.
460 3. That the State Board of Education, after review, has
461 certified to be operating in a manner consistent with the goals
462 and best interest of the Department of Education.
463 (b) “Personal services” includes full-time or part-time
464 personnel, as well as payroll processing.
465 (2) USE OF PROPERTY.—The State Board of Education:
466 (a) May permit the use of property, facilities, and
467 personal services of the department by the direct-support
468 organization, subject to the provisions of this section.
469 (b) Shall prescribe by rule conditions with which the
470 direct-support organization must comply in order to use
471 property, facilities, or personal services of the department.
472 Such rules shall provide for budget and audit review and for
473 oversight by the department.
474 (c) Shall not permit the use of property, facilities, or
475 personal services of the direct-support organization if such
476 organization does not provide equal employment opportunities to
477 all persons, regardless of race, color, national origin, gender,
478 age, or religion.
479 (3) BOARD OF DIRECTORS.—The board of directors of the
480 department direct-support organization shall be appointed by the
481 commissioner and shall include representation from business,
482 industry, and other components of Florida’s economy.
483 (4) ANNUAL AUDIT.—Each direct-support organization shall
484 provide for an annual financial audit in accordance with s.
485 215.981. The identity of donors who desire to remain anonymous
486 shall be protected, and that anonymity shall be maintained in
487 the auditor’s report. All records of the organization other than
488 the auditor’s report, management letter, and any supplemental
489 data requested by the Auditor General and the Office of Program
490 Policy Analysis and Government Accountability shall be
491 confidential and exempt from the provisions of s. 119.07(1).
492 Section 7. Section 1002.821, Florida Statutes, is created
493 to read:
494 1002.821 Florida Child Care Fund.—The Florida Child Care
495 Fund is established to support early learning and child care
496 needs of Florida families.
497 (1) A Department of Education direct-support organization
498 established pursuant to s. 1001.24 shall administer the fund.
499 (2)(a) Any bequests, gifts, grants, and donations made to
500 the fund as may be solicited for such purpose from public or
501 private sources shall be deposited into the Early Learning Fund.
502 (b) Any legislative appropriation from the Child Care and
503 Development Block Grant Trust Fund which may be provided to the
504 Florida Child Care Fund shall be deposited into the Early
505 Learning Fund and shall be used to fund children from the
506 waiting list under subparagraph (3)(a)1.
507 (c) Any funds received from state sources and interest
508 earnings shall be accounted for separately.
509 (3) Funds shall be used for the following purposes:
510 (a) To provide care for children from birth until the child
511 is eligible to enroll in kindergarten in accordance with:
512 1. An allocation methodology to fund the waiting list of
513 early learning coalitions; or
514 2. The intentions of a donor.
515 (b) The early learning coalition shall fund school
516 readiness program providers and providers selected by the
517 donor’s recipient at the reimbursement rate calculated pursuant
518 to s. 1002.84(17). If the provider selected by the donor’s
519 recipient is not a school readiness program provider, the
520 department shall adopt a contract for use by an early learning
521 coalition with the provider to provide such funds.
522 (c) Any family served under subparagraph (a)1. shall have
523 an early learning coalition apply a parent copayment based on
524 family income pursuant to s. 1002.84(9) or s. 1002.935(2)(b).
525 (4) Beginning January 1, 2027, and each January 1
526 thereafter, the Division of Early Learning shall prepare, and
527 the department shall publish on its website, a report that
528 summarizes the performance of the Florida Child Care Fund and
529 the fund’s fundraising activities for the previous fiscal year,
530 and identifies the child care needs supported by the fund
531 principal or earnings and those supported by private sources,
532 bequests, gifts, grants, and donations. The report must also
533 include:
534 (a) Outcome data, including the number of children served
535 and any child outcomes, by each early learning coalition.
536 (b) The amount of funds spent on administrative expenses
537 and fundraising and the amount of funds raised from private
538 sources.
539 Section 8. Present subsection (2) of section 1002.95,
540 Florida Statutes, is redesignated as subsection (3), and a new
541 subsection (2) is added to that section, to read:
542 1002.95 Teacher Education and Compensation Helps (TEACH)
543 Scholarship Program.—
544 (2) Subject to an appropriation, the TEACH Scholarship
545 Program administrator shall also establish and administer the
546 Center for Early Childhood Professional Recognition to ensure
547 alignment of training statewide, including, but not limited to,
548 a system of training approval, a system of trainer approval, and
549 implementation of competency-based assessments aligned to the
550 early learning professional development standards and career
551 pathways under s. 1002.995.
552 Section 9. Paragraph (a) of subsection (2) of section
553 39.202, Florida Statutes, is amended to read:
554 39.202 Confidentiality of reports and records in cases of
555 child abuse or neglect; exception.—
556 (2) Except as provided in subsection (4), access to such
557 records, excluding the name of, or other identifying information
558 with respect to, the reporter which may only be released as
559 provided in subsection (5), may only be granted to the following
560 persons, officials, and agencies:
561 (a) Employees, authorized agents, or contract providers of
562 the department, the Department of Health, the Agency for Persons
563 with Disabilities, the Agency for Health Care Administration,
564 the Department of Education, or county agencies responsible for
565 carrying out:
566 1. Child or adult protective investigations;
567 2. Ongoing child or adult protective services;
568 3. Early intervention and prevention services;
569 4. Healthy Start services;
570 5. Licensure or approval of adoptive homes, foster homes,
571 child care facilities, facilities licensed under chapters 393
572 and 394, family child day care homes, providers who receive
573 school readiness funding under part VI of chapter 1002, or other
574 homes used to provide for the care and welfare of children;
575 6. Employment screening for caregivers in residential group
576 homes and facilities licensed under chapters 393, 394, and 409;
577 or
578 7. Services for victims of domestic violence when provided
579 by certified domestic violence centers working at the
580 department’s request as case consultants or with shared clients.
582 Also, employees or agents of the Department of Juvenile Justice
583 responsible for the provision of services to children, pursuant
584 to chapters 984 and 985.
585 Section 10. Section 125.0109, Florida Statutes, is amended
586 to read:
587 125.0109 Family child day care homes; local zoning
588 regulation.—The operation of a residence as a family child day
589 care home, as defined by law, registered or licensed with the
590 Department of Children and Families shall constitute a valid
591 residential use for purposes of any local zoning regulations,
592 and no such regulation shall require the owner or operator of
593 such family child day care home to obtain any special exemption
594 or use permit or waiver, or to pay any special fee in excess of
595 $50, to operate in an area zoned for residential use.
596 Section 11. Section 166.0445, Florida Statutes, is amended
597 to read:
598 166.0445 Family child day care homes; local zoning
599 regulation.—The operation of a residence as a family child day
600 care home, as defined by law, registered or licensed with the
601 Department of Children and Families shall constitute a valid
602 residential use for purposes of any local zoning regulations,
603 and no such regulation shall require the owner or operator of
604 such family child day care home to obtain any special exemption
605 or use permit or waiver, or to pay any special fee in excess of
606 $50, to operate in an area zoned for residential use.
607 Section 12. Paragraph (j) of subsection (7) of section
608 212.08, Florida Statutes, is amended to read:
609 212.08 Sales, rental, use, consumption, distribution, and
610 storage tax; specified exemptions.—The sale at retail, the
611 rental, the use, the consumption, the distribution, and the
612 storage to be used or consumed in this state of the following
613 are hereby specifically exempt from the tax imposed by this
614 chapter.
615 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
616 entity by this chapter do not inure to any transaction that is
617 otherwise taxable under this chapter when payment is made by a
618 representative or employee of the entity by any means,
619 including, but not limited to, cash, check, or credit card, even
620 when that representative or employee is subsequently reimbursed
621 by the entity. In addition, exemptions provided to any entity by
622 this subsection do not inure to any transaction that is
623 otherwise taxable under this chapter unless the entity has
624 obtained a sales tax exemption certificate from the department
625 or the entity obtains or provides other documentation as
626 required by the department. Eligible purchases or leases made
627 with such a certificate must be in strict compliance with this
628 subsection and departmental rules, and any person who makes an
629 exempt purchase with a certificate that is not in strict
630 compliance with this subsection and the rules is liable for and
631 shall pay the tax. The department may adopt rules to administer
632 this subsection.
633 (j) Household fuels.—Also exempt from payment of the tax
634 imposed by this chapter are sales of utilities to residential
635 households or owners of residential models in this state by
636 utility companies who pay the gross receipts tax imposed under
637 s. 203.01, and sales of fuel to residential households or owners
638 of residential models, including oil, kerosene, liquefied
639 petroleum gas, coal, wood, and other fuel products used in the
640 household or residential model for the purposes of heating,
641 cooking, lighting, and refrigeration, regardless of whether such
642 sales of utilities and fuels are separately metered and billed
643 direct to the residents or are metered and billed to the
644 landlord. If any part of the utility or fuel is used for a
645 nonexempt purpose, the entire sale is taxable. The landlord
646 shall provide a separate meter for nonexempt utility or fuel
647 consumption. For the purposes of this paragraph, licensed family
648 child day care homes shall also be exempt.
649 Section 13. Subsections (3), (8), (9), and (11) of section
650 402.302, Florida Statutes, are amended to read:
651 402.302 Definitions.—As used in this chapter, the term:
652 (3) “Child care personnel” means all owners, operators,
653 employees, and volunteers working in a child care facility. The
654 term does not include persons who work in a child care facility
655 after hours when children are not present or parents of children
656 in a child care facility. For purposes of screening, the term
657 includes any member, over the age of 12 years, of a child care
658 facility operator’s family, or person, over the age of 12 years,
659 residing with a child care facility operator if the child care
660 facility is located in or adjacent to the home of the operator
661 or if the family member of, or person residing with, the child
662 care facility operator has any direct contact with the children
663 in the facility during its hours of operation. Members of the
664 operator’s family or persons residing with the operator who are
665 between the ages of 12 years and 18 years are not required to be
666 fingerprinted but must be screened for delinquency records. For
667 purposes of screening, the term also includes persons who work
668 in child care programs that provide care for children 15 hours
669 or more each week in public or nonpublic schools, family child
670 day care homes, membership organizations under s. 402.301, or
671 programs otherwise exempted under s. 402.316. The term does not
672 include public or nonpublic school personnel who are providing
673 care during regular school hours, or after hours for activities
674 related to a school’s program for grades kindergarten through
675 12. A volunteer who assists on an intermittent basis for less
676 than 10 hours per month is not included in the term “personnel”
677 for the purposes of screening and training if a person who meets
678 the screening requirement of s. 402.305(2) is always present and
679 has the volunteer in his or her line of sight. Students who
680 observe and participate in a child care facility as a part of
681 their required coursework are not considered child care
682 personnel, provided such observation and participation are on an
683 intermittent basis and a person who meets the screening
684 requirement of s. 402.305(2) is always present and has the
685 student in his or her line of sight.
686 (8) “Family child day care home” means an occupied
687 residence in which child care is regularly provided for children
688 from at least two unrelated families and which receives a
689 payment, fee, or grant for any of the children receiving care,
690 whether or not operated for profit. Household children under 13
691 years of age, when on the premises of the family child day care
692 home or on a field trip with children enrolled in child care,
693 shall be included in the overall capacity of the licensed home.
694 A family child day care home shall be allowed to provide care
695 for one of the following groups of children, which shall include
696 household children under 13 years of age:
697 (a) A maximum of four children from birth to 12 months of
698 age.
699 (b) A maximum of three children from birth to 12 months of
700 age, and other children, for a maximum total of six children.
701 (c) A maximum of six preschool children if all are older
702 than 12 months of age.
703 (d) A maximum of 10 children if no more than 5 are
704 preschool age and, of those 5, no more than 2 are under 12
705 months of age.
706 (9) “Household children” means children who are related by
707 blood, marriage, or legal adoption to, or who are the legal
708 wards of, the family child day care home operator, the large
709 family child care home operator, or an adult household member
710 who permanently or temporarily resides in the home. Supervision
711 of the operator’s household children shall be left to the
712 discretion of the operator unless those children receive
713 subsidized child care through the school readiness program
714 pursuant to s. 1002.92 to be in the home.
715 (11) “Large family child care home” means an occupied
716 residence in which child care is regularly provided for children
717 from at least two unrelated families, which receives a payment,
718 fee, or grant for any of the children receiving care, whether or
719 not operated for profit, and which has at least two full-time
720 child care personnel on the premises during the hours of
721 operation. One of the two full-time child care personnel must be
722 the owner or occupant of the residence. A large family child
723 care home must first have operated as a licensed family child
724 day care home for 2 years, with an operator who has had a child
725 development associate credential or its equivalent for 1 year,
726 before seeking licensure as a large family child care home.
727 Household children under 13 years of age, when on the premises
728 of the large family child care home or on a field trip with
729 children enrolled in child care, shall be included in the
730 overall capacity of the licensed home. A large family child care
731 home shall be allowed to provide care for one of the following
732 groups of children, which shall include household children under
733 13 years of age:
734 (a) A maximum of 8 children from birth to 24 months of age.
735 (b) A maximum of 12 children, with no more than 4 children
736 under 24 months of age.
737 Section 14. Paragraph (a) of subsection (17) of section
738 402.305, Florida Statutes, is amended to read:
739 402.305 Licensing standards; child care facilities.—
740 (17) TRANSFER OF OWNERSHIP.—
741 (a) One week prior to the transfer of ownership of a child
742 care facility or family child day care home, the transferor
743 shall notify the parent or caretaker of each child of the
744 impending transfer.
745 Section 15. Subsections (1), (2), and (3) of section
746 402.309, Florida Statutes, are amended to read:
747 402.309 Provisional license or registration.—
748 (1) The local licensing agency or the department, whichever
749 is authorized to license child care facilities in a county, may
750 issue a provisional license for child care facilities, family
751 child day care homes, or large family child care homes, or a
752 provisional registration for family child day care homes to
753 applicants for an initial license or registration or to
754 licensees or registrants seeking a renewal who are unable to
755 meet all the standards provided for in ss. 402.301-402.319.
756 (2) A provisional license or registration may not be issued
757 unless the operator or owner makes adequate provisions for the
758 health and safety of the child. A provisional license may be
759 issued for a child care facility if all of the screening
760 materials have been timely submitted. A provisional license or
761 registration may not be issued unless the child care facility,
762 family child day care home, or large family child care home is
763 in compliance with the requirements for screening of child care
764 personnel in ss. 402.305, 402.3055, 402.313, and 402.3131,
765 respectively.
766 (3) Notwithstanding subsection (2), a local licensing
767 agency or the department, whichever is authorized to license
768 child care facilities in a county, must issue a provisional
769 license or registration if the operator or owner:
770 (a) Is applying for an initial license or registration for
771 a child care facility, a family child day care home, or a large
772 family child care home;
773 (b) Has made adequate provisions for the health and safety
774 of the child; and
775 (c) Provides evidence that he or she has completed, within
776 the previous 6 months, training pursuant to United States
777 Department of Defense Instruction 6060.02 and background
778 screening by the United States Department of Defense pursuant to
779 34 U.S.C. s. 20351 and 32 C.F.R. part 86 and received a
780 favorable suitability and fitness determination.
781 Section 16. Paragraph (d) of subsection (1) and subsection
782 (4) of section 402.310, Florida Statutes, are amended to read:
783 402.310 Disciplinary actions; hearings upon denial,
784 suspension, or revocation of license or registration;
785 administrative fines.—
786 (1)
787 (d) The disciplinary sanctions set forth in this section
788 apply to licensed child care facilities, licensed large family
789 child care homes, and licensed or registered family child day
790 care homes.
791 (4) An applicant, registrant, or licensee shall have the
792 right to appeal a decision of the local licensing agency to a
793 representative of the department. Any required hearing shall be
794 held in the county in which the child care facility, family
795 child day care home, or large family child care home is being
796 operated or is to be established. The hearing shall be conducted
797 in accordance with the provisions of chapter 120.
798 Section 17. Subsection (1) and paragraph (a) of subsection
799 (2) of section 402.3115, Florida Statutes, are amended to read:
800 402.3115 Elimination of duplicative and unnecessary
801 inspections; abbreviated inspections.—
802 (1) The Department of Children and Families and local
803 governmental agencies that license child care facilities shall
804 develop and implement a plan to eliminate duplicative and
805 unnecessary inspections of child care facilities, family child
806 day care homes, and large family child care homes.
807 (2)(a) The department and the local governmental agencies
808 shall develop and implement an abbreviated inspection plan for
809 child care facilities, family child day care homes, and large
810 family child care homes that meet all of the following
811 conditions:
812 1. Have been licensed for at least 2 consecutive years.
813 2. Have not had a Class 1 deficiency, as defined by rule,
814 for at least 2 consecutive years.
815 3. Have not had more than three of the same Class 2
816 deficiencies, as defined by rule, for at least 2 consecutive
817 years.
818 4. Have received at least two full onsite renewal
819 inspections in the most recent 2 years.
820 5. Do not have any current uncorrected violations.
821 6. Do not have any open regulatory complaints or active
822 child protective services investigations.
823 Section 18. Section 402.312, Florida Statutes, is amended
824 to read:
825 402.312 License required; injunctive relief.—
826 (1) The operation of a child care facility without a
827 license, a family child day care home without a license or
828 registration, or a large family child care home without a
829 license is prohibited. If the department or the local licensing
830 agency discovers that a child care facility is being operated
831 without a license, a family child day care home is being
832 operated without a license or registration, or a large family
833 child care home is being operated without a license, the
834 department or local licensing agency is authorized to seek an
835 injunction in the circuit court where the facility is located to
836 enjoin continued operation of such facility, family child day
837 care home, or large family child care home. When the court is
838 closed for the transaction of judicial business, the department
839 or local licensing agency is authorized to seek an emergency
840 injunction to enjoin continued operation of such unlicensed
841 facility, unregistered or unlicensed family child day care home,
842 or unlicensed large family child care home, which injunction
843 shall be continued, modified, or revoked on the next day of
844 judicial business.
845 (2) Other grounds for seeking an injunction to close a
846 child care facility, family child day care home, or a large
847 family child care home are that:
848 (a) There is any violation of the standards applied under
849 ss. 402.301-402.319 which threatens harm to any child in the
850 child care facility, a family child day care home, or large
851 family child care home.
852 (b) A licensee or registrant has repeatedly violated the
853 standards provided for under ss. 402.301-402.319.
854 (c) A child care facility, family child day care home, or
855 large family child care home continues to have children in
856 attendance after the closing date established by the department
857 or the local licensing agency.
858 (3) The department or local licensing agency may impose an
859 administrative fine on any child care facility, family child day
860 care home, or large family child care home operating without a
861 license or registration, consistent with the provisions of s.
862 402.310.
863 Section 19. Subsection (3) of section 402.315, Florida
864 Statutes, is amended to read:
865 402.315 Funding; license fees.—
866 (3) The department shall collect a fee for any license it
867 issues for a child care facility, family child day care home, or
868 large family child care home pursuant to ss. 402.305, 402.313,
869 and 402.3131.
870 (a) For a child care facility licensed pursuant to s.
871 402.305, such fee shall be $1 per child, based on the licensed
872 capacity of the facility, except that the minimum fee shall be
873 $25 per facility and the maximum fee shall be $100 per facility.
874 (b) For a family child day care home registered pursuant to
875 s. 402.313, such fee shall be $25.
876 (c) For a family child day care home licensed pursuant to
877 s. 402.313, such fee shall be $50.
878 (d) For a large family child care home licensed pursuant to
879 s. 402.3131, such fee shall be $60.
880 Section 20. Section 402.318, Florida Statutes, is amended
881 to read:
882 402.318 Advertisement.—A person, as defined in s. 1.01(3),
883 may not advertise a child care facility, family child day care
884 home, or large family child care home without including within
885 such advertisement the state or local agency license number or
886 registration number of such facility or home. Violation of this
887 section is a misdemeanor of the first degree, punishable as
888 provided in s. 775.082 or s. 775.083.
889 Section 21. Section 402.319, Florida Statutes, is amended
890 to read:
891 402.319 Penalties.—
892 (1) It is a misdemeanor of the first degree, punishable as
893 provided in s. 775.082 or s. 775.083, for any person knowingly
894 to:
895 (a) Fail, by false statement, misrepresentation,
896 impersonation, or other fraudulent means, to disclose in any
897 application for voluntary or paid employment or licensure
898 regulated under ss. 402.301-402.318 all information required
899 under those sections or a material fact used in making a
900 determination as to such person’s qualifications to be child
901 care personnel, as defined in s. 402.302, in a child care
902 facility, family child day care home, or other child care
903 program.
904 (b) Operate or attempt to operate a child care facility
905 without having procured a license as required by this act.
906 (c) Operate or attempt to operate a family child day care
907 home without a license or without registering with the
908 department, whichever is applicable.
909 (d) Operate or attempt to operate a child care facility or
910 family child day care home under a license that is suspended,
911 revoked, or terminated.
912 (e) Misrepresent, by act or omission, a child care facility
913 or family child day care home to be duly licensed pursuant to
914 this act without being so licensed.
915 (f) Make any other misrepresentation, by act or omission,
916 regarding the licensure or operation of a child care facility or
917 family child day care home to a parent or guardian who has a
918 child placed in the facility or is inquiring as to placing a
919 child in the facility, or to a representative of the licensing
920 authority, or to a representative of a law enforcement agency,
921 including, but not limited to, any misrepresentation as to:
922 1. The number of children at the child care facility or the
923 family child day care home;
924 2. The part of the child care facility or family child day
925 care home designated for child care;
926 3. The qualifications or credentials of child care
927 personnel;
928 4. Whether a family child day care home or child care
929 facility complies with the screening requirements of s. 402.305;
930 or
931 5. Whether child care personnel have the training as
932 required by s. 402.305.
933 (2) If any child care personnel makes any misrepresentation
934 in violation of this section to a parent or guardian who has
935 placed a child in the child care facility or family child day
936 care home, and the parent or guardian relied upon the
937 misrepresentation, and the child suffers great bodily harm,
938 permanent disfigurement, permanent disability, or death as a
939 result of an intentional act or negligence by the child care
940 personnel, then the child care personnel commits a felony of the
941 second degree, punishable as provided in s. 775.082, s. 775.083,
942 or s. 775.084.
943 (3) Each child care facility, family child day care home,
944 and large family child care home shall annually submit an
945 affidavit of compliance with s. 39.201.
946 Section 22. Paragraph (c) of subsection (2) of section
947 409.988, Florida Statutes, is amended to read:
948 409.988 Community-based care lead agency duties; general
949 provisions.—
950 (2) LICENSURE.—
951 (c) Substitute care providers who are licensed under s.
952 409.175 and who have contracted with a lead agency are also
953 authorized to provide registered or licensed family child day
954 care under s. 402.313 if such care is consistent with federal
955 law and if the home has met the requirements of s. 402.313.
956 Section 23. Paragraph (b) of subsection (8) of section
957 411.203, Florida Statutes, is amended to read:
958 411.203 Continuum of comprehensive services.—The Department
959 of Education and the Department of Health shall utilize the
960 continuum of prevention and early assistance services for high
961 risk pregnant women and for high-risk and handicapped children
962 and their families, as outlined in this section, as a basis for
963 the intraagency and interagency program coordination,
964 monitoring, and analysis required in this chapter. The continuum
965 shall be the guide for the comprehensive statewide approach for
966 services for high-risk pregnant women and for high-risk and
967 handicapped children and their families, and may be expanded or
968 reduced as necessary for the enhancement of those services.
969 Expansion or reduction of the continuum shall be determined by
970 intraagency or interagency findings and agreement, whichever is
971 applicable. Implementation of the continuum shall be based upon
972 applicable eligibility criteria, availability of resources, and
973 interagency prioritization when programs impact both agencies,
974 or upon single agency prioritization when programs impact only
975 one agency. The continuum shall include, but not be limited to:
976 (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
977 OF HIGH-RISK CHILDREN.—
978 (b) Child care and early childhood programs, including, but
979 not limited to, licensed child care facilities, family child day
980 care homes, therapeutic child care, Head Start, and preschool
981 programs in public and private schools.
982 Section 24. Paragraph (a) of subsection (3) of section
983 1002.55, Florida Statutes, is amended to read:
984 1002.55 School-year prekindergarten program delivered by
985 private prekindergarten providers.—
986 (3) To be eligible to deliver the prekindergarten program,
987 a private prekindergarten provider must meet each of the
988 following requirements:
989 (a) The private prekindergarten provider must be a child
990 care facility licensed under s. 402.305, family child day care
991 home licensed under s. 402.313, large family child care home
992 licensed under s. 402.3131, nonpublic school exempt from
993 licensure under s. 402.3025(2), faith-based child care provider
994 exempt from licensure under s. 402.316, child development
995 program that is accredited by a national accrediting body and
996 operates on a military installation that is certified by the
997 United States Department of Defense, or private prekindergarten
998 provider that has been issued a provisional license under s.
999 402.309. A private prekindergarten provider may not deliver the
1000 program while holding a probation-status license under s.
1001 402.310.
1002 Section 25. Paragraph (u) of subsection (2) of section
1003 1002.82, Florida Statutes, is amended to read:
1004 1002.82 Department of Education; powers and duties.—
1005 (2) The department shall:
1006 (u) Administer a statewide toll-free Warm-Line to provide
1007 assistance and consultation to child care facilities and family
1008 child day care homes regarding health, developmental,
1009 disability, and special needs issues of the children they are
1010 serving, particularly children with disabilities and other
1011 special needs. The department shall:
1012 1. Annually inform child care facilities and family child
1013 day care homes of the availability of this service through the
1014 child care resource and referral network under s. 1002.92.
1015 2. Expand or contract for the expansion of the Warm-Line to
1016 maintain at least one Warm-Line in each early learning coalition
1017 service area.
1018 Section 26. Paragraph (j) of subsection (4) of section
1019 1002.83, Florida Statutes, is amended to read:
1020 1002.83 Early learning coalitions.—
1021 (4) Each early learning coalition must include the
1022 following member positions; however, in a multicounty coalition,
1023 each ex officio member position may be filled by multiple
1024 nonvoting members but no more than one voting member shall be
1025 seated per member position. If an early learning coalition has
1026 more than one member representing the same entity, only one of
1027 such members may serve as a voting member:
1028 (j) A representative of private for-profit child care
1029 providers, including private for-profit family child day care
1030 homes.
1031 Section 27. Subsection (4) of section 1002.84, Florida
1032 Statutes, is amended to read:
1033 1002.84 Early learning coalitions; school readiness powers
1034 and duties.—Each early learning coalition shall:
1035 (4) Establish a regional Warm-Line as directed by the
1036 department pursuant to s. 1002.82(2)(u). Regional Warm-Line
1037 staff shall provide onsite technical assistance, when requested,
1038 to assist child care facilities and family child day care homes
1039 with inquiries relating to the strategies, curriculum, and
1040 environmental adaptations the child care facilities and family
1041 child day care homes may need as they serve children with
1042 disabilities and other special needs.
1043 Section 28. Paragraphs (a) and (c) of subsection (1) of
1044 section 1002.88, Florida Statutes, are amended to read:
1045 1002.88 School readiness program provider standards;
1046 eligibility to deliver the school readiness program.—
1047 (1) To be eligible to deliver the school readiness program,
1048 a school readiness program provider must:
1049 (a) Be a child care facility licensed under s. 402.305, a
1050 family child day care home licensed or registered under s.
1051 402.313, a large family child care home licensed under s.
1052 402.3131, a public school or nonpublic school exempt from
1053 licensure under s. 402.3025, a faith-based child care provider
1054 exempt from licensure under s. 402.316, a before-school or
1055 after-school program described in s. 402.305(1)(c), a child
1056 development program that is accredited by a national accrediting
1057 body and operates on a military installation that is certified
1058 by the United States Department of Defense, an informal child
1059 care provider to the extent authorized in the state’s Child Care
1060 and Development Fund Plan as approved by the United States
1061 Department of Health and Human Services pursuant to 45 C.F.R. s.
1062 98.18, or a provider who has been issued a provisional license
1063 pursuant to s. 402.309. A provider may not deliver the program
1064 while holding a probation-status license under s. 402.310.
1065 (c) Provide basic health and safety of its premises and
1066 facilities and compliance with requirements for age-appropriate
1067 immunizations of children enrolled in the school readiness
1068 program.
1069 1. For a provider that is licensed, compliance with s.
1070 402.305, s. 402.3131, or s. 402.313 and this subsection, as
1071 verified pursuant to s. 402.311, satisfies this requirement.
1072 2. For a provider that is a registered family child day
1073 care home or is not subject to licensure or registration by the
1074 Department of Children and Families, compliance with this
1075 subsection, as verified pursuant to s. 402.311, satisfies this
1076 requirement. Upon verification pursuant to s. 402.311, the
1077 provider shall annually post the health and safety checklist
1078 adopted by the department prominently on its premises in plain
1079 sight for visitors and parents and shall annually submit the
1080 checklist to its local early learning coalition.
1081 3. For a child development program that is accredited by a
1082 national accrediting body and operates on a military
1083 installation that is certified by the United States Department
1084 of Defense, the submission and verification of annual
1085 inspections pursuant to United States Department of Defense
1086 Instructions 6060.2 and 1402.05 satisfies this requirement.
1087 Section 29. Paragraph (c) of subsection (2) of section
1088 1002.895, Florida Statutes, is amended to read:
1089 1002.895 Market rate schedule.—The school readiness program
1090 market rate schedule shall be implemented as follows:
1091 (2) The market rate schedule must differentiate rates by
1092 provider type, including, but not limited to:
1093 (c) Family child day care homes licensed or registered
1094 under s. 402.313.
1095 Section 30. Paragraph (a) of subsection (3) and subsection
1096 (4) of section 1002.92, Florida Statutes, are amended to read:
1097 1002.92 Child care and early childhood resource and
1098 referral.—
1099 (3) Child care resource and referral agencies shall provide
1100 the following services:
1101 (a) Identification of existing public and private child
1102 care and early childhood education services, including child
1103 care services by public and private employers, and the
1104 development of an early learning provider performance profile of
1105 those services through the single statewide information system
1106 developed by the department under s. 1002.82(2)(q). These
1107 services may include family child day care, public and private
1108 child care programs, the Voluntary Prekindergarten Education
1109 Program, Head Start, the school readiness program, special
1110 education programs for prekindergarten children with
1111 disabilities, services for children with developmental
1112 disabilities, full-time and part-time programs, before-school
1113 and after-school programs, and vacation care programs. The early
1114 learning provider performance profile shall include, but not be
1115 limited to:
1116 1. Type of program.
1117 2. Hours of service.
1118 3. Ages of children served.
1119 4. Number of children served.
1120 5. Program information.
1121 6. Fees and eligibility for services.
1122 7. Availability of transportation.
1123 8. Participation in the Child Care Food Program, if
1124 applicable.
1125 9. A link to licensing inspection reports, if applicable.
1126 10. The components of the Voluntary Prekindergarten
1127 Education Program performance metric calculated under s. 1002.68
1128 which must consist of the program assessment composite score,
1129 learning gains score, achievement score, and its designations,
1130 if applicable.
1131 11. The school readiness program assessment composite score
1132 and program assessment care level composite score results
1133 delineated by infant classrooms, toddler classrooms, and
1134 preschool classrooms results under s. 1002.82, if applicable.
1135 12. Gold Seal Quality Care designation under s. 1002.945,
1136 if applicable.
1137 13. Indication of whether the provider implements a
1138 curriculum approved by the department and the name of the
1139 curriculum, if applicable.
1140 14. Participation in school readiness child assessment
1141 under s. 1002.82.
1142 (4) A child care facility licensed under s. 402.305 and
1143 licensed and registered family child day care homes must provide
1144 the statewide child care and resource and referral network with
1145 the following information annually:
1146 (a) Type of program.
1147 (b) Hours of service.
1148 (c) Ages of children served.
1149 (d) Fees and eligibility for services.
1150 Section 31. Subsection (2) of section 1002.93, Florida
1151 Statutes, is amended to read:
1152 1002.93 School readiness program transportation services.—
1153 (2) The transportation servicers may only provide
1154 transportation to each child participating in the school
1155 readiness program to the extent that such transportation is
1156 necessary to provide child care opportunities that otherwise
1157 would not be available to a child whose home is more than a
1158 reasonable walking distance from the nearest child care facility
1159 or family child day care home.
1160 Section 32. Paragraph (b) of subsection (1), paragraphs (a)
1161 and (c) of subsection (3), and subsection (4) of section
1162 1002.945, Florida Statutes, are amended to read:
1163 1002.945 Gold Seal Quality Care Program.—
1164 (1)
1165 (b) A child care facility, large family child care home, or
1166 family child day care home that is accredited by an accrediting
1167 association approved by the Department of Education under
1168 subsection (3) and meets all other requirements shall, upon
1169 application to the department, receive a separate “Gold Seal
1170 Quality Care” designation.
1171 (3)(a) In order to be approved by the Department of
1172 Education for participation in the Gold Seal Quality Care
1173 Program, an accrediting association must apply to the department
1174 and demonstrate that it:
1175 1. Is a recognized accrediting association.
1176 2. Has accrediting standards that substantially meet or
1177 exceed the Gold Seal Quality Care standards adopted by the state
1178 board under subsection (2).
1179 3. Is a registered corporation with the Department of
1180 State.
1181 4. Can provide evidence that the process for accreditation
1182 has, at a minimum, all of the following components:
1183 a. Clearly defined prerequisites that a child care provider
1184 must meet before beginning the accreditation process. However,
1185 accreditation may not be granted to a child care facility, large
1186 family child care home, or family child day care home before the
1187 site is operational and is attended by children.
1188 b. Procedures for completion of a self-study and
1189 comprehensive onsite verification process for each classroom
1190 that documents compliance with accrediting standards.
1191 c. A training process for accreditation verifiers to ensure
1192 inter-rater reliability.
1193 d. Ongoing compliance procedures that include requiring
1194 each accredited child care facility, large family child care
1195 home, and family child day care home to file an annual report
1196 with the accrediting association and risk-based, onsite auditing
1197 protocols for accredited child care facilities, large family
1198 child care homes, and family child day care homes.
1199 e. Procedures for the revocation of accreditation due to
1200 failure to maintain accrediting standards as evidenced by sub
1201 subparagraph d. or any other relevant information received by
1202 the accrediting association.
1203 f. Accreditation renewal procedures that include an onsite
1204 verification occurring at least every 5 years.
1205 g. A process for verifying continued accreditation
1206 compliance in the event of a transfer of ownership of
1207 facilities.
1208 h. A process to communicate issues that arise during the
1209 accreditation period with governmental entities that have a
1210 vested interest in the Gold Seal Quality Care Program, including
1211 the Department of Education, the Department of Children and
1212 Families, the Department of Health, local licensing entities if
1213 applicable, and the early learning coalition.
1214 (c) If an accrediting association has granted accreditation
1215 to a child care facility, large family child care home, or
1216 family child day care under fraudulent terms or failed to
1217 conduct onsite verifications, the accrediting association shall
1218 be liable for the repayment of any rate differentials paid under
1219 subsection (6).
1220 (4) In order to obtain and maintain a designation as a Gold
1221 Seal Quality Care provider, a child care facility, large family
1222 child care home, or family child day care home must meet the
1223 following additional criteria:
1224 (a) The child care provider must not have had any class I
1225 violations, as defined by rule of the Department of Children and
1226 Families, within the 2 years preceding its application for
1227 designation as a Gold Seal Quality Care provider. Commission of
1228 a class I violation shall be grounds for termination of the
1229 designation as a Gold Seal Quality Care provider until the
1230 provider has no class I violations for a period of 2 years.
1231 (b) The child care provider must not have had three or more
1232 of the same class II violations, as defined by rule of the
1233 Department of Children and Families, within the 2 years
1234 preceding its application for designation as a Gold Seal Quality
1235 Care provider. Commission of three or more of the same class II
1236 violations within a 2-year period shall be grounds for
1237 termination of the designation as a Gold Seal Quality Care
1238 provider until the provider has no class II violations that are
1239 the same for a period of 1 year.
1240 (c) The child care provider must not have been cited for
1241 the same class III violation, as defined by rule of the
1242 Department of Children and Families, three or more times and
1243 failed to correct the violation within 1 year after the date of
1244 each citation, within the 2 years preceding its application for
1245 designation as a Gold Seal Quality Care provider. Commission of
1246 the same class III violation three or more times and failure to
1247 correct within the required time during a 2-year period may be
1248 grounds for termination of the designation as a Gold Seal
1249 Quality Care provider until the provider has no class III
1250 violations for a period of 1 year.
1251 (d) Notwithstanding paragraph (a), if the Department of
1252 Education determines through a formal process that a provider
1253 has been in business for at least 5 years and has no other class
1254 I violations recorded, the department may recommend to the state
1255 board that the provider maintain its Gold Seal Quality Care
1256 status. The state board’s determination regarding such
1257 provider’s status is final.
1258 Section 33. This act shall take effect July 1, 2026.