SESSION WATCH
THE BILL ITSELF

CS/CS/CS/CS/HB 765

Child Care and Early Learning Services

VERSION H 765 c4 · 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.

1 A bill to be entitled
2 An act relating to child care and early learning
3 services; amending s. 402.302, F.S.; revising and
4 providing definitions; amending s. 402.305, F.S.;
5 revising the minimum standards for child care facility
6 licensing; amending s. 402.313, F.S.; changing the
7 term "family day care" to "family child care";
8 removing provisions requiring family day care homes to
9 provide specified information to parents; amending s.
10 402.3131, F.S.; removing provisions requiring large
11 family child care homes to provide specified
12 information to parents; amending s. 627.70161, F.S.;
13 changing the term "family day care" to "family child
14 care"; providing legislative intent relating to large
15 family child care homes; defining the term "large
16 family child care home"; prohibiting residential
17 property insurance policies from providing coverage
18 for liability for claims arising out of, or in
19 connection with, the operations of large family child
20 care homes; providing that insurers are under no
21 obligation to defend against lawsuits covering such
22 claims; providing exceptions; prohibiting insurers
23 from denying, cancelling, and refusing to renew a
24 policy for residential property insurance on the basis
25 that the policyholders or applicants operate large
26 family child care homes; providing exceptions;
27 reenacting and amending s. 1001.24, F.S.; revising the
28 definition of the term "Department of Education
29 direct-support organization"; amending s. 1002.67,
30 F.S.; revising the requirements for certain
31 prekindergarten curricula; establishing a review and
32 approval process for such curricula; creating s.
33 1002.821, F.S.; creating the Florida Child Care Fund;
34 requiring a Department of Education direct-support
35 organization to administer the fund; requiring funds
36 to be deposited into the Early Learning Fund;
37 requiring that funds from state sources and interest
38 earnings be accounted separately; providing for the
39 use of funds; requiring an annual report; providing
40 requirements for such report; amending s. 1002.95,
41 F.S.; providing for the establishment and
42 administration of the Center for Early Childhood
43 Professional Recognition under a specified
44 circumstance; amending s. 39.101, F.S.; conforming a
45 cross-reference; amending ss. 39.202, 125.0109,
46 166.0445, 212.08, 402.306, 402.309, 402.310, 402.3115,
47 402.312, 402.315, 402.316, 402.318, 402.319, 409.988,
48 411.203, 1002.55, 1002.82, 1002.83, 1002.84, 1002.88,
49 1002.895, 1002.92, 1002.93, and 1002.945, F.S.;
50 conforming provisions to changes made by the act;
51 providing an effective date.
53 Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (15) through (18) of section
56 402.302, Florida Statutes, are renumbered as subsections (16)
57 through (19), respectively, subsections (2), (3), (8), (9), and
58 (11) are amended, and a new subsection (15) is added to that
59 section, to read:
60 402.302 Definitions.—As used in this chapter, the term:
61 (2) "Child care facility" includes any child care center
62 or child care arrangement which provides child care for more
63 than five children unrelated to the operator and which receives
64 a payment, fee, or grant for any of the children receiving care,
65 wherever operated, and whether or not operated for profit. The
66 following are not included:
67 (a) Public schools and nonpublic schools and their
68 administered integral programs, except as provided in s.
69 402.3025.;
70 (b) Summer camps having children in full-time residence.;
71 (c) Summer day camps.;
72 (d) Bible schools normally conducted during vacation
73 periods.; and
74 (e) Operators of transient establishments, as defined in
75 chapter 509, which provide child care services solely for the
76 guests of their establishment or resort, provided that all child
77 care personnel of the establishment are screened according to
78 the level 2 screening requirements of chapter 435.
79 (f) Before-school and after-school programs, and any
80 programs during off-school hours, offered and operated by public
81 and nonpublic elementary schools at school sites for the
82 schools' student populations.
83 (3) "Child care personnel" means all owners, operators,
84 employees, and volunteers working in a child care facility. The
85 term does not include persons who work in a child care facility
86 after hours when children are not present or parents of children
87 in a child care facility. For purposes of screening, the term
88 includes any member, over the age of 12 years, of a child care
89 facility operator's family, or person, over the age of 12 years,
90 residing with a child care facility operator if the child care
91 facility is located in or adjacent to the home of the operator
92 or if the family member of, or person residing with, the child
93 care facility operator has any direct contact with the children
94 in the facility during its hours of operation. Members of the
95 operator's family or persons residing with the operator who are
96 between the ages of 12 years and 18 years are not required to be
97 fingerprinted but must be screened for delinquency records. For
98 purposes of screening, the term also includes persons who work
99 in child care programs that provide care for children 15 hours
100 or more each week in public or nonpublic schools, family child
101 day care homes, membership organizations under s. 402.301, or
102 programs otherwise exempted under s. 402.316. The term does not
103 include public or nonpublic school personnel who are providing
104 care during regular school hours, or after hours for activities
105 related to a school's program for students attending public or
106 nonpublic school programs grades kindergarten through 12. A
107 volunteer who assists on an intermittent basis for less than 10
108 hours per month is not included in the term "personnel" for the
109 purposes of screening and training if a person who meets the
110 screening requirement of s. 402.305(2) is always present and has
111 the volunteer in his or her line of sight. Students who observe
112 and participate in a child care facility as a part of their
113 required coursework are not considered child care personnel,
114 provided such observation and participation are on an
115 intermittent basis and a person who meets the screening
116 requirement of s. 402.305(2) is always present and has the
117 student in his or her line of sight.
118 (8) "Family child day care home" means an occupied
119 residence in which child care is regularly provided for children
120 from at least two unrelated families and which receives a
121 payment, fee, or grant for any of the children receiving care,
122 whether or not operated for profit. Household children under 13
123 years of age, when on the premises of the family child day care
124 home or on a field trip with children enrolled in child care,
125 shall be included in the overall capacity of the licensed home.
126 A family child day care home shall be allowed to provide care
127 for one of the following groups of children, which shall include
128 household children under 13 years of age:
129 (a) A maximum of four children from birth to 12 months of
130 age.
131 (b) A maximum of three children from birth to 12 months of
132 age, and other children, for a maximum total of six children.
133 (c) A maximum of six preschool children if all are older
134 than 12 months of age.
135 (d) A maximum of 10 children if no more than 5 are
136 preschool age and, of those 5, no more than 2 are under 12
137 months of age.
138 (9) "Household children" means children who are related by
139 blood, marriage, or legal adoption to, or who are the legal
140 wards of, the family child day care home operator, the large
141 family child care home operator, or an adult household member
142 who permanently or temporarily resides in the home. Supervision
143 of the operator's household children shall be left to the
144 discretion of the operator unless those children receive
145 subsidized child care through the school readiness program
146 pursuant to s. 1002.92 to be in the home.
147 (11) "Large family child care home" means an occupied
148 residence in which child care is regularly provided for children
149 from at least two unrelated families, which receives a payment,
150 fee, or grant for any of the children receiving care, whether or
151 not operated for profit, and which has at least two full-time
152 child care personnel on the premises during the hours of
153 operation. One of the two full-time child care personnel must be
154 the owner or occupant of the residence. A large family child
155 care home must first have operated as a licensed family child
156 day care home for 2 years, with an operator who has had a child
157 development associate credential or its equivalent for 1 year,
158 before seeking licensure as a large family child care home.
159 Household children under 13 years of age, when on the premises
160 of the large family child care home or on a field trip with
161 children enrolled in child care, shall be included in the
162 overall capacity of the licensed home. A large family child care
163 home shall be allowed to provide care for one of the following
164 groups of children, which shall include household children under
165 13 years of age:
166 (a) A maximum of 8 children from birth to 24 months of
167 age.
168 (b) A maximum of 12 children, with no more than 4 children
169 under 24 months of age.
170 (15) "School-age children" means children who are:
171 (a) In kindergarten through grade 12;
172 (b) Three-year olds in a public or nonpublic school
173 exceptional student education program; or
174 (c) Four-year olds in a public or nonpublic school child
175 care program.
176 Section 2. Paragraph (a) of subsection (2), paragraph (a)
177 of subsection (7), and paragraph (a) of subsection (17) of
178 section 402.305, Florida Statutes, are amended to read:
179 402.305 Licensing standards; child care facilities.—
180 (2) PERSONNEL.—Minimum standards for child care personnel
181 shall include minimum requirements as to:
182 (a) Good moral character based upon screening as defined
183 in s. 402.302 s. 402.302(15). This screening shall be conducted
184 as provided in chapter 435, using the level 2 standards for
185 screening provided in that chapter, and include employment
186 history checks, a search of criminal history records, sexual
187 predator and sexual offender registries, and child abuse and
188 neglect registry of any state in which the current or
189 prospective child care personnel resided during the preceding 5
190 years. The department shall complete the screening and provide
191 the results to the child care facility within 3 business days
192 from the receipt of the criminal history record check. If the
193 department is unable to complete the screening within 3 business
194 days, the department shall issue the current or prospective
195 child care personnel a 45-day provisional-hire status while all
196 required information is being requested and the department is
197 awaiting results unless the department has reason to believe a
198 disqualifying factor may exist. During the 45-day period, the
199 current or prospective child care personnel must be under the
200 direct supervision of a screened and trained staff member when
201 in contact with children.
203 The department may grant limited exemptions to the minimum
204 standards provided in this subsection which authorize a person
205 to work in a specified role or with a specified population.
206 (7) SANITATION AND SAFETY.—
207 (a) Minimum standards must include requirements for
208 sanitary and safety conditions, first aid treatment, emergency
209 procedures, and pediatric cardiopulmonary resuscitation. The
210 minimum standards must require that at least one staff person
211 trained in person in cardiopulmonary resuscitation, as evidenced
212 by current documentation of course completion, be present at all
213 times that children are present.
214 (17) TRANSFER OF OWNERSHIP.—
215 (a) One week prior to the transfer of ownership of a child
216 care facility or family child day care home, the transferor
217 shall notify the parent or caretaker of each child of the
218 impending transfer.
219 Section 3. Section 402.313, Florida Statutes, is amended
220 to read:
221 402.313 Family child day care homes.—
222 (1) Family child day care homes shall be licensed under
223 this act if they are presently being licensed under an existing
224 county licensing ordinance or if the board of county
225 commissioners passes a resolution that family child day care
226 homes be licensed.
227 (a) If not subject to license, family child day care homes
228 shall register annually with the department, providing the
229 following information:
230 1. The name and address of the home.
231 2. The name of the operator.
232 3. The number of children served.
233 4. Proof of a written plan to provide at least one other
234 competent adult to be available to substitute for the operator
235 in an emergency. This plan shall include the name, address, and
236 telephone number of the designated substitute.
237 5. Proof of screening and background checks.
238 6. Proof of successful completion of the 30-hour training
239 course, as evidenced by passage of a competency examination,
240 which shall include:
241 a. State and local rules and regulations that govern child
242 care.
243 b. Health, safety, and nutrition.
244 c. Identifying and reporting child abuse and neglect.
245 d. Child development, including typical and atypical
246 language development; and cognitive, motor, social, and self-
247 help skills development.
248 e. Observation of developmental behaviors, including using
249 a checklist or other similar observation tools and techniques to
250 determine a child's developmental level.
251 f. Specialized areas, including early literacy and
252 language development of children from birth to 5 years of age,
253 as determined by the department, for owner-operators of family
254 child day care homes.
255 7. Proof that immunization records are kept current.
256 8. Proof of completion of the required continuing
257 education units or clock hours.
258 (b) A family child day care home may volunteer to be
259 licensed under this act.
260 (c) The department may provide technical assistance to
261 counties and family child day care home providers to enable
262 counties and family child day care providers to achieve
263 compliance with family child day care homes standards.
264 (2) This information shall be included in a directory to
265 be published annually by the department to inform the public of
266 available child care facilities.
267 (3) Child care personnel in family child day care homes
268 shall be subject to the applicable screening provisions
269 contained in ss. 402.305(2) and 402.3055. For purposes of
270 screening in family child day care homes, the term includes any
271 member over the age of 12 years of a family child day care home
272 operator's family, or persons over the age of 12 years residing
273 with the operator in the family child day care home. Members of
274 the operator's family, or persons residing with the operator,
275 who are between the ages of 12 years and 18 years shall not be
276 required to be fingerprinted, but shall be screened for
277 delinquency records.
278 (4) Operators of family child day care homes must
279 successfully complete an approved 30-clock-hour introductory
280 course in child care, as evidenced by passage of a competency
281 examination, before caring for children.
282 (5) In order to further develop their child care skills
283 and, if appropriate, their administrative skills, operators of
284 family child day care homes shall be required to complete an
285 additional 1 continuing education unit of approved training or
286 10 clock hours of equivalent training, as determined by the
287 department, annually.
288 (6) Operators of family child day care homes shall be
289 required to complete 0.5 continuing education unit of approved
290 training in early literacy and language development of children
291 from birth to 5 years of age one time. The year that this
292 training is completed, it shall fulfill the 0.5 continuing
293 education unit or 5 clock hours of the annual training required
294 in subsection (5).
295 (7) Operators of family child day care homes shall be
296 required annually to complete a health and safety home
297 inspection self-evaluation checklist developed by the department
298 in conjunction with the statewide resource and referral program.
299 The completed checklist shall be signed by the operator of the
300 family child day care home and provided to parents as
301 certification that basic health and safety standards are being
302 met.
303 (8) Family child day care home operators may avail
304 themselves of supportive services offered by the department.
305 (9) The department shall prepare a brochure on family
306 child day care for distribution by the department and by local
307 licensing agencies, if appropriate, to family child day care
308 homes for distribution to parents utilizing such child care, and
309 to all interested persons, including physicians and other health
310 professionals; mental health professionals; school teachers or
311 other school personnel; social workers or other professional
312 child care, foster care, residential, or institutional workers;
313 and law enforcement officers. The brochure shall, at a minimum,
314 contain the following information:
315 (a) A brief description of the requirements for family
316 child day care registration, training, and fingerprinting and
317 screening.
318 (b) A listing of those counties that require licensure of
319 family child day care homes. Such counties shall provide an
320 addendum to the brochure that provides a brief description of
321 the licensure requirements or may provide a brochure in lieu of
322 the one described in this subsection, provided it contains all
323 the required information on licensure and the required
324 information in the subsequent paragraphs.
325 (c) A statement indicating that information about the
326 family child day care home's compliance with applicable state or
327 local requirements can be obtained by telephoning the department
328 office or the office of the local licensing agency, if
329 appropriate, at a telephone number or numbers which shall be
330 affixed to the brochure.
331 (d) The statewide toll-free telephone number of the
332 central abuse hotline, together with a notice that reports of
333 suspected and actual child physical abuse, sexual abuse, and
334 neglect are received and referred for investigation by the
335 hotline.
336 (e) Any other information relating to competent child care
337 that the department or local licensing agency, if preparing a
338 separate brochure, deems would be helpful to parents and other
339 caretakers in their selection of a family child day care home.
340 (10) On an annual basis, the department shall evaluate the
341 registration and licensure system for family child day care
342 homes. Such evaluation shall, at a minimum, address the
343 following:
344 (a) The number of family child day care homes registered
345 and licensed and the dates of such registration and licensure.
346 (b) The number of children being served in both registered
347 and licensed family child day care homes and any available slots
348 in such homes.
349 (c) The number of complaints received concerning family
350 child day care, the nature of the complaints, and the resolution
351 of such complaints.
352 (d) The training activities utilized by child care
353 personnel in family child day care homes for meeting the state
354 or local training requirements.
356 The evaluation shall be utilized by the department in any
357 administrative modifications or adjustments to be made in the
358 registration of family child day care homes or in any
359 legislative requests for modifications to the system of
360 registration or to other requirements for family child day care
361 homes.
362 (11) In order to inform the public of the state
363 requirement for registration of family child day care homes as
364 well as the other requirements for such homes to legally operate
365 in the state, the department shall institute a media campaign to
366 accomplish this end. Such a campaign shall include, at a
367 minimum, flyers, newspaper advertisements, radio advertisements,
368 and television advertisements.
369 (12) Notwithstanding any other state or local law or
370 ordinance, any family child day care home licensed pursuant to
371 this chapter or pursuant to a county ordinance shall be charged
372 the utility rates accorded to a residential home. A licensed
373 family child day care home may not be charged commercial utility
374 rates.
375 (13) The department shall, by rule, establish minimum
376 standards for family child day care homes that are required to
377 be licensed by county licensing ordinance or county licensing
378 resolution or that voluntarily choose to be licensed. The
379 standards should include requirements for staffing, training,
380 maintenance of immunization records, minimum health and safety
381 standards, reduced standards for the regulation of child care
382 during evening hours by municipalities and counties, and
383 enforcement of standards.
384 (14) During the months of August and September of each
385 year, each family day care home shall provide parents of
386 children enrolled in the home detailed information regarding the
387 causes, symptoms, and transmission of the influenza virus in an
388 effort to educate those parents regarding the importance of
389 immunizing their children against influenza as recommended by
390 the Advisory Committee on Immunization Practices of the Centers
391 for Disease Control and Prevention.
392 (15) During the months of April and September of each
393 year, at a minimum, each family day care home shall provide
394 parents of children attending the family day care home
395 information regarding the potential for a distracted adult to
396 fail to drop off a child at the family day care home and instead
397 leave the child in the adult's vehicle upon arrival at the
398 adult's destination. The family day care home shall also give
399 parents information about resources with suggestions to avoid
400 this occurrence. The department shall develop a flyer or
401 brochure with this information that shall be posted to the
402 department's website, which family day care homes may choose to
403 reproduce and provide to parents to satisfy the requirements of
404 this subsection. Section 4. Subsections (9) and (10) of section 402.3131,
406 Florida Statutes, are amended to read:
407 402.3131 Large family child care homes.—
408 (9) During the months of August and September of each
409 year, each large family child care home shall provide parents of
410 children enrolled in the home detailed information regarding the
411 causes, symptoms, and transmission of the influenza virus in an
412 effort to educate those parents regarding the importance of
413 immunizing their children against influenza as recommended by
414 the Advisory Committee on Immunization Practices of the Centers
415 for Disease Control and Prevention.
416 (10) During the months of April and September of each
417 year, at a minimum, each large family child care home shall
418 provide parents of children attending the large family child
419 care home information regarding the potential for a distracted
420 adult to fail to drop off a child at the large family child care
421 home and instead leave the child in the adult's vehicle upon
422 arrival at the adult's destination. The large family child care
423 home shall also give parents information about resources with
424 suggestions to avoid this occurrence. The department shall
425 develop a flyer or brochure with this information that shall be
426 posted to the department's website, which large family child
427 care homes may choose to reproduce and provide to parents to
428 satisfy the requirements of this subsection.
429 Section 5. Section 627.70161, Florida Statutes, is amended to read:
431 627.70161 Family child day care and large family child
432 care insurance.—
433 (1) PURPOSE AND INTENT.—The Legislature recognizes that
434 family child day care and large family child care homes fulfill
435 a vital role in providing child care in Florida. It is the
436 intent of the Legislature that residential property insurance
437 coverage should not be canceled, denied, or nonrenewed solely on
438 the basis of the child family day care services at the
439 residence. The Legislature also recognizes that the potential
440 liability of residential property insurers is substantially
441 increased by the rendition of child care services on the
442 premises. The Legislature therefore finds that there is a public
443 need to specify that contractual liabilities that arise in
444 connection with the operation of the family child day care home
445 or the large family child care home are excluded from
446 residential property insurance policies unless they are
447 specifically included in such coverage.
448 (2) DEFINITIONS.—As used in this section, the term:
449 (a) "Child care" means the care, protection, and
450 supervision of a child, for a period of less than 24 hours a day
451 on a regular basis, which supplements parental care, enrichment,
452 and health supervision for the child, in accordance with his or
453 her individual needs, and for which a payment, fee, or grant is
454 made for care.
455 (b) "Family child day care home" means an occupied
456 residence in which child care is regularly provided for children
457 from at least two unrelated families and which receives a
458 payment, fee, or grant for any of the children receiving care,
459 whether or not operated for a profit.
460 (c) "Large family child care home" means an occupied
461 residence in which child care is regularly provided for children
462 from at least two unrelated families, which receives a payment,
463 fee, or grant for any of the children receiving care, whether or
464 not operated for profit, and which has at least two full-time
465 child care personnel on the premises during the hours of
466 operation. One of the two full-time child care personnel must be
467 the owner or occupant of the residence. A large family child
468 care home must first have operated as a licensed family child
469 care home for at least 2 years, with an operator who has held a
470 child development associate credential or its equivalent for at
471 least 1 year, before seeking licensure as a large family child
472 care home. Household children under 13 years of age, when on the
473 premises of the large family child care home or on a field trip
474 with children enrolled in child care, must be included in the
475 overall capacity of the licensed home. A large family child care
476 home may provide care for one of the following groups of
477 children, which must include household children under 13 years
478 of age:
479 1. A maximum of 8 children from birth to 24 months of age.
480 2. A maximum of 12 children, with no more than 4 children
481 under 24 months of age.
482 (3) FAMILY CHILD DAY CARE AND LARGE FAMILY CHILD CARE
483 HOMES; COVERAGE.—A residential property insurance policy may
484 shall not provide coverage for liability for claims arising out
485 of, or in connection with, the operation of a family child day
486 care home or a large family child care home, and the insurer
487 shall be under no obligation to defend against lawsuits covering
488 such claims, unless:
489 (a) Specifically covered in a policy; or
490 (b) Covered by a rider or endorsement for business
491 coverage attached to a policy.
492 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
493 insurer may not deny, cancel, or refuse to renew a policy for
494 residential property insurance solely on the basis that the
495 policyholder or applicant operates a family child day care home
496 or a large family child care home. In addition to other lawful
497 reasons for refusing to insure, an insurer may deny, cancel, or
498 refuse to renew a policy of a family child day care home or a
499 large family child care home provider if one or more of the
500 following conditions occur:
501 (a) The policyholder or applicant provides care for more
502 children than authorized for family day care homes by s.
503 402.302;
504 (b) The policyholder or applicant fails to maintain a
505 separate commercial liability policy or an endorsement providing
506 liability coverage for the family child day care home or the
507 large family child care home operations;
508 (c) The policyholder or applicant fails to comply with the
509 applicable family day care home licensure and registration
510 requirements specified in chapter 402 s. 402.313; or
511 (d) Discovery of willful or grossly negligent acts or
512 omissions or any violations of state laws or regulations
513 establishing safety standards for family child day care homes or
514 large family child care homes by the named insured or his or her
515 representative which materially increase any of the risks
516 insured.
517 Section 6. Section 1001.24, Florida Statutes, is reenacted
518 and amended to read:
519 1001.24 Direct-support organization; use of property;
520 board of directors; audit.—
521 (1) DEFINITIONS.—For the purposes of this section, the
522 term:
523 (a) "Department of Education direct-support organization"
524 means an organization:
525 1. That is a corporation not for profit that is
526 incorporated under the provisions of chapter 617 and approved by
527 the Department of State.
528 2. That is organized and operated exclusively to receive,
529 hold, invest, and administer property and to make expenditures
530 to or for the benefit of the early learning programs under parts
531 V and VI of chapter 1002, child care facilities licensed under
532 s. 402.305, family child care homes licensed or registered under
533 s. 402.313, large family child care homes licensed under s.
534 402.3131, and public prekindergarten through 12th grade
535 education in this state.
536 3. That the State Board of Education, after review, has
537 certified to be operating in a manner consistent with the goals
538 and best interest of the Department of Education.
539 (b) "Personal services" includes full-time or part-time
540 personnel, as well as payroll processing.
541 (2) USE OF PROPERTY.—The State Board of Education:
542 (a) May permit the use of property, facilities, and
543 personal services of the department by the direct-support
544 organization, subject to the provisions of this section.
545 (b) Shall prescribe by rule conditions with which the
546 direct-support organization must comply in order to use
547 property, facilities, or personal services of the department.
548 Such rules shall provide for budget and audit review and for
549 oversight by the department.
550 (c) Shall not permit the use of property, facilities, or
551 personal services of the direct-support organization if such
552 organization does not provide equal employment opportunities to
553 all persons, regardless of race, color, national origin, gender,
554 age, or religion.
555 (3) BOARD OF DIRECTORS.—The board of directors of the
556 department direct-support organization shall be appointed by the
557 commissioner and shall include representation from business,
558 industry, and other components of Florida's economy.
559 (4) ANNUAL AUDIT.—Each direct-support organization shall
560 provide for an annual financial audit in accordance with s.
561 215.981. The identity of donors who desire to remain anonymous
562 shall be protected, and that anonymity shall be maintained in
563 the auditor's report. All records of the organization other than
564 the auditor's report, management letter, and any supplemental
565 data requested by the Auditor General and the Office of Program
566 Policy Analysis and Government Accountability shall be
567 confidential and exempt from the provisions of s. 119.07(1).
568 Section 7. Subsection (2) of section 1002.67, Florida
569 Statutes, is amended to read:
570 1002.67 Performance standards and curricula.—
571 (2)(a) Each private prekindergarten provider and public
572 school may select or design the curriculum that the provider or
573 school uses to implement the Voluntary Prekindergarten Education
574 Program, except as otherwise required for a provider or school
575 that fails to meet the minimum performance metric score or
576 designation change-in-ability established pursuant to s.
577 1002.68.
578 (b) Each private prekindergarten provider's and public
579 school's curriculum must be developmentally appropriate and
580 must:
581 1. Be designed to prepare a student for early literacy and
582 provide for instruction in early math skills;
583 2. Develop students' background knowledge through a
584 content-rich and sequential knowledge building early literacy
585 curriculum;
586 3. Enhance the age-appropriate progress of students in
587 attaining the performance standards adopted by the department
588 under subsection (1); and
589 4. Support student learning gains through differentiated
590 instruction that shall be measured by the coordinated screening
591 and progress monitoring program under s. 1008.25(9).
592 (c) The department shall adopt procedures for the review
593 and approval of curricula for use by private prekindergarten
594 providers and public schools that fail to meet the minimum
595 performance metric score or designation change-in-ability scores
596 established pursuant to s. 1002.68. The department shall
597 administer the review and approval process and maintain a list
598 of the curricula approved under this paragraph. Each approved
599 curriculum must meet the requirements of paragraph (b). The
600 review and approval process must include curricula that are
601 available for purchase and proprietary curricula that are not
602 available for purchase.
603 (d) The department must review and may approve a
604 curriculum that is proprietary or available for purchase outside
605 of the established review and approval process in paragraph (c).
606 The curriculum must be used by a private provider or public
607 school district that operates a Voluntary Prekindergarten
608 Education Program in more than five distinct locations. Any
609 curriculum approved under this paragraph must meet the
610 requirements of paragraph (b). Any curriculum approved under
611 this paragraph that is available for purchase must be included
612 on the list of curricula approved under this paragraph. Within
613 60 days after receipt of a request for a curriculum review, the
614 department shall review and either approve or deny the submitted
615 curriculum and all associated materials. A request for a
616 curriculum review may not be submitted under this paragraph
617 within 120 days before the opening of the regular review process
618 described in paragraph (c).
619 Section 8. Section 1002.821, Florida Statutes, is created
620 to read:
621 1002.821 Florida Child Care Fund.—The Florida Child Care
622 Fund is established to support early learning and child care
623 needs of Florida families.
624 (1) A Department of Education direct-support organization
625 established pursuant to s. 1001.24 shall administer the fund.
626 (2)(a) Any bequests, gifts, grants, and donations made to
627 the fund as may be solicited for such purpose from public or
628 private sources shall be deposited into the Early Learning Fund.
629 (b) Any legislative appropriation from the Child Care and
630 Development Block Grant Trust Fund which may be provided to the
631 Florida Child Care Fund shall be deposited into the Early
632 Learning Fund and shall be used to fund children from the
633 waiting list pursuant to subparagraph (3)(a)1.
634 (c) Any funds received from state sources and interest
635 earnings shall be accounted for separately.
636 (3) Funds shall be used to provide:
637 (a) Care for children from birth until the child is
638 eligible to enroll in kindergarten in accordance with:
639 1. An allocation methodology to fund the waiting list of
640 early learning coalitions; or
641 2. The intentions of a donor.
642 (b) The early learning coalition shall fund school
643 readiness program providers and providers selected by the
644 donor's recipient at the reimbursement rate calculated pursuant
645 to s. 1002.84(17). If the provider selected by the donor's
646 recipient is not a school readiness program provider, the
647 department shall adopt a contract for use by an early learning
648 coalition with the provider to provide such funds.
649 (c) Any family served under subparagraph (a)1. shall have
650 an early learning coalition apply a parent copayment based on
651 family income pursuant to s. 1002.84(9) or s. 1002.935(2)(b).
652 (4) By January 1 of each year, beginning January 1, 2027,
653 the Division of Early Learning shall prepare, and the department
654 shall publish on its website, a report that summarizes the
655 performance of the Florida Child Care Fund and the fund's
656 fundraising activities for the previous fiscal year, and
657 identifies the child care needs supported by the fund principal
658 or earnings and those supported by private sources, bequests,
659 gifts, grants, and donations. The report must also include:
660 (a) Outcome data, including the number of children served
661 and any child outcomes, by each early learning coalition.
662 (b) The amount of funds spent on administrative expenses
663 and fundraising and the amount of funds raised from private
664 sources. Section 9. Section 1002.95, Florida Statutes, is amended
666 to read:
667 1002.95 Teacher Education and Compensation Helps (TEACH)
668 Scholarship Program.—
669 (1)(a) The department may contract for the administration
670 of the Teacher Education and Compensation Helps (TEACH)
671 Scholarship Program, which provides educational scholarships to
672 caregivers and administrators of early childhood programs,
673 family child day care homes, and large family child care homes.
674 The goal of the program is to increase the education and
675 training for caregivers, increase the compensation for child
676 caregivers who complete the program requirements, and reduce the
677 rate of participant turnover in the field of early childhood
678 education.
679 (b) Subject to appropriation, the TEACH Scholarships
680 Program administrator contracted under paragraph (a) shall also
681 establish and administer the Center for Early Childhood
682 Professional Recognition to ensure alignment of training
683 statewide, including, but not limited to, methods of early
684 childhood professional training approval, and implementation of
685 competency-based assessments aligned to the early learning
686 professional development standards and career pathways under s.
687 1002.995.
688 (2) The State Board of Education shall adopt rules as
689 necessary to administer this section. Section 10. Paragraph (a) of subsection (4) of section
691 39.101, Florida Statutes, is amended to read:
692 39.101 Central abuse hotline.—The central abuse hotline is
693 the first step in the safety assessment and investigation
694 process.
695 (4) USE OF INFORMATION RECEIVED BY THE CENTRAL ABUSE
696 HOTLINE.—
697 (a) Information received by the central abuse hotline may
698 not be used for employment screening, except as provided in s.
699 39.202(2)(a) and (h) or s. 402.302(16) s. 402.302(15).
700 Section 11. Paragraph (a) of subsection (2) of section
701 39.202, Florida Statutes, is amended to read:
702 39.202 Confidentiality of reports and records in cases of
703 child abuse or neglect; exception.—
704 (2) Except as provided in subsection (4), access to such
705 records, excluding the name of, or other identifying information
706 with respect to, the reporter which may only be released as
707 provided in subsection (5), may only be granted to the following
708 persons, officials, and agencies:
709 (a) Employees, authorized agents, or contract providers of
710 the department, the Department of Health, the Agency for Persons
711 with Disabilities, the Agency for Health Care Administration,
712 the Department of Education, or county agencies responsible for
713 carrying out:
714 1. Child or adult protective investigations;
715 2. Ongoing child or adult protective services;
716 3. Early intervention and prevention services;
717 4. Healthy Start services;
718 5. Licensure or approval of adoptive homes, foster homes,
719 child care facilities, facilities licensed under chapters 393
720 and 394, family child day care homes, providers who receive
721 school readiness funding under part VI of chapter 1002, or other
722 homes used to provide for the care and welfare of children;
723 6. Employment screening for caregivers in residential
724 group homes and facilities licensed under chapters 393, 394, and
725 409; or
726 7. Services for victims of domestic violence when provided
727 by certified domestic violence centers working at the
728 department's request as case consultants or with shared clients.
730 Also, employees or agents of the Department of Juvenile Justice
731 responsible for the provision of services to children, pursuant
732 to chapters 984 and 985.
733 Section 12. Section 125.0109, Florida Statutes, is amended
734 to read:
735 125.0109 Family child day care homes; local zoning
736 regulation.—The operation of a residence as a family child day
737 care home, as defined by law, registered or licensed with the
738 Department of Children and Families shall constitute a valid
739 residential use for purposes of any local zoning regulations,
740 and no such regulation shall require the owner or operator of
741 such family child day care home to obtain any special exemption
742 or use permit or waiver, or to pay any special fee in excess of
743 $50, to operate in an area zoned for residential use.
744 Section 13. Section 166.0445, Florida Statutes, is amended
745 to read:
746 166.0445 Family child day care homes; local zoning
747 regulation.—The operation of a residence as a family child day
748 care home, as defined by law, registered or licensed with the
749 Department of Children and Families shall constitute a valid
750 residential use for purposes of any local zoning regulations,
751 and no such regulation shall require the owner or operator of
752 such family child day care home to obtain any special exemption
753 or use permit or waiver, or to pay any special fee in excess of
754 $50, to operate in an area zoned for residential use. Section 14. Paragraph (j) of subsection (7) of section
756 212.08, Florida Statutes, is amended to read:
757 212.08 Sales, rental, use, consumption, distribution, and
758 storage tax; specified exemptions.—The sale at retail, the
759 rental, the use, the consumption, the distribution, and the
760 storage to be used or consumed in this state of the following
761 are hereby specifically exempt from the tax imposed by this
762 chapter.
763 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
764 entity by this chapter do not inure to any transaction that is
765 otherwise taxable under this chapter when payment is made by a
766 representative or employee of the entity by any means,
767 including, but not limited to, cash, check, or credit card, even
768 when that representative or employee is subsequently reimbursed
769 by the entity. In addition, exemptions provided to any entity by
770 this subsection do not inure to any transaction that is
771 otherwise taxable under this chapter unless the entity has
772 obtained a sales tax exemption certificate from the department
773 or the entity obtains or provides other documentation as
774 required by the department. Eligible purchases or leases made
775 with such a certificate must be in strict compliance with this
776 subsection and departmental rules, and any person who makes an
777 exempt purchase with a certificate that is not in strict
778 compliance with this subsection and the rules is liable for and
779 shall pay the tax. The department may adopt rules to administer
780 this subsection.
781 (j) Household fuels.—Also exempt from payment of the tax
782 imposed by this chapter are sales of utilities to residential
783 households or owners of residential models in this state by
784 utility companies who pay the gross receipts tax imposed under
785 s. 203.01, and sales of fuel to residential households or owners
786 of residential models, including oil, kerosene, liquefied
787 petroleum gas, coal, wood, and other fuel products used in the
788 household or residential model for the purposes of heating,
789 cooking, lighting, and refrigeration, regardless of whether such
790 sales of utilities and fuels are separately metered and billed
791 direct to the residents or are metered and billed to the
792 landlord. If any part of the utility or fuel is used for a
793 nonexempt purpose, the entire sale is taxable. The landlord
794 shall provide a separate meter for nonexempt utility or fuel
795 consumption. For the purposes of this paragraph, licensed family
796 child day care homes shall also be exempt.
797 Section 15. Subsection (3) of section 402.306, Florida
798 Statutes, is amended to read:
799 402.306 Designation of licensing agency; dissemination by
800 the department and local licensing agency of information on
801 child care.—
802 (3) The department and local licensing agencies, or the
803 designees thereof, shall be responsible for coordination and
804 dissemination of information on child care to the community and
805 shall make available through electronic means all licensing
806 standards and procedures, health and safety standards for school
807 readiness providers, monitoring and inspection reports, and the
808 names and addresses of licensed child care facilities, school
809 readiness program providers, and, where applicable pursuant to
810 s. 402.313, licensed or registered family child day care homes.
811 This information shall also include the number of deaths,
812 serious injuries, and instances of substantiated child abuse
813 that have occurred in child care settings each year; research
814 and best practices in child development; and resources regarding
815 social-emotional development, parent and family engagement,
816 healthy eating, and physical activity.
817 Section 16. Subsections (1) and (2) and paragraph (a) of
818 subsection (3) of section 402.309, Florida Statutes, are amended
819 to read:
820 402.309 Provisional license or registration.—
821 (1) The local licensing agency or the department,
822 whichever is authorized to license child care facilities in a
823 county, may issue a provisional license for child care
824 facilities, family child day care homes, or large family child
825 care homes, or a provisional registration for family child day
826 care homes to applicants for an initial license or registration
827 or to licensees or registrants seeking a renewal who are unable
828 to meet all the standards provided for in ss. 402.301-402.319.
829 (2) A provisional license or registration may not be
830 issued unless the operator or owner makes adequate provisions
831 for the health and safety of the child. A provisional license
832 may be issued for a child care facility if all of the screening
833 materials have been timely submitted. A provisional license or
834 registration may not be issued unless the child care facility,
835 family child day care home, or large family child care home is
836 in compliance with the requirements for screening of child care
837 personnel in ss. 402.305, 402.3055, 402.313, and 402.3131,
838 respectively.
839 (3) Notwithstanding subsection (2), a local licensing
840 agency or the department, whichever is authorized to license
841 child care facilities in a county, must issue a provisional
842 license or registration if the operator or owner:
843 (a) Is applying for an initial license or registration for
844 a child care facility, a family child day care home, or a large
845 family child care home;
846 Section 17. Paragraph (d) of subsection (1) and subsection
847 (4) of section 402.310, Florida Statutes, are amended to read:
848 402.310 Disciplinary actions; hearings upon denial,
849 suspension, or revocation of license or registration;
850 administrative fines.—
851 (1)
852 (d) The disciplinary sanctions set forth in this section
853 apply to licensed child care facilities, licensed large family
854 child care homes, and licensed or registered family child day
855 care homes.
856 (4) An applicant, registrant, or licensee shall have the
857 right to appeal a decision of the local licensing agency to a
858 representative of the department. Any required hearing shall be
859 held in the county in which the child care facility, family
860 child day care home, or large family child care home is being
861 operated or is to be established. The hearing shall be conducted
862 in accordance with the provisions of chapter 120.
863 Section 18. Subsection (1) and paragraph (a) of subsection
864 (2) of section 402.3115, Florida Statutes, are amended to read:
865 402.3115 Elimination of duplicative and unnecessary
866 inspections; abbreviated inspections.—
867 (1) The Department of Children and Families and local
868 governmental agencies that license child care facilities shall
869 develop and implement a plan to eliminate duplicative and
870 unnecessary inspections of child care facilities, family child
871 day care homes, and large family child care homes.
872 (2)(a) The department and the local governmental agencies
873 shall develop and implement an abbreviated inspection plan for
874 child care facilities, family child day care homes, and large
875 family child care homes that meet all of the following
876 conditions:
877 1. Have been licensed for at least 2 consecutive years.
878 2. Have not had a Class 1 deficiency, as defined by rule,
879 for at least 2 consecutive years.
880 3. Have not had more than three of the same Class 2
881 deficiencies, as defined by rule, for at least 2 consecutive
882 years.
883 4. Have received at least two full onsite renewal
884 inspections in the most recent 2 years.
885 5. Do not have any current uncorrected violations.
886 6. Do not have any open regulatory complaints or active
887 child protective services investigations.
888 Section 19. Section 402.312, Florida Statutes, is amended
889 to read:
890 402.312 License required; injunctive relief.—
891 (1) The operation of a child care facility without a
892 license, a family child day care home without a license or
893 registration, or a large family child care home without a
894 license is prohibited. If the department or the local licensing
895 agency discovers that a child care facility is being operated
896 without a license, a family child day care home is being
897 operated without a license or registration, or a large family
898 child care home is being operated without a license, the
899 department or local licensing agency is authorized to seek an
900 injunction in the circuit court where the facility is located to
901 enjoin continued operation of such facility, family child day
902 care home, or large family child care home. When the court is
903 closed for the transaction of judicial business, the department
904 or local licensing agency is authorized to seek an emergency
905 injunction to enjoin continued operation of such unlicensed
906 facility, unregistered or unlicensed family child day care home,
907 or unlicensed large family child care home, which injunction
908 shall be continued, modified, or revoked on the next day of
909 judicial business.
910 (2) Other grounds for seeking an injunction to close a
911 child care facility, family child day care home, or a large
912 family child care home are that:
913 (a) There is any violation of the standards applied under
914 ss. 402.301-402.319 which threatens harm to any child in the
915 child care facility, a family child day care home, or large
916 family child care home.
917 (b) A licensee or registrant has repeatedly violated the
918 standards provided for under ss. 402.301-402.319.
919 (c) A child care facility, family child day care home, or
920 large family child care home continues to have children in
921 attendance after the closing date established by the department
922 or the local licensing agency.
923 (3) The department or local licensing agency may impose an
924 administrative fine on any child care facility, family child day
925 care home, or large family child care home operating without a
926 license or registration, consistent with the provisions of s.
927 402.310.
928 Section 20. Subsection (3) of section 402.315, Florida
929 Statutes, is amended to read:
930 402.315 Funding; license fees.—
931 (3) The department shall collect a fee for any license it
932 issues for a child care facility, family child day care home, or
933 large family child care home pursuant to ss. 402.305, 402.313,
934 and 402.3131.
935 (a) For a child care facility licensed pursuant to s.
936 402.305, such fee shall be $1 per child, based on the licensed
937 capacity of the facility, except that the minimum fee shall be
938 $25 per facility and the maximum fee shall be $100 per facility.
939 (b) For a family child day care home registered pursuant
940 to s. 402.313, such fee shall be $25.
941 (c) For a family child day care home licensed pursuant to
942 s. 402.313, such fee shall be $50.
943 (d) For a large family child care home licensed pursuant
944 to s. 402.3131, such fee shall be $60.
945 Section 21. Subsection (2) of section 402.316, Florida
946 Statutes, is amended to read:
947 402.316 Exemptions.—
948 (2) The provisions of ss. 402.301-402.319 do not apply to
949 a child care facility or family child day care home if the child
950 care facility or family child day care home has a certificate
951 issued by the United States Department of Defense or by the
952 United States Coast Guard to provide child care and has
953 completed background screening by the United States Department
954 of Defense pursuant to 34 U.S.C. s. 20351 and 32 C.F.R. part 86
955 and received a favorable suitability and fitness determination.
956 If the child care facility or family child day care home elects
957 to serve children ineligible for care under the United States
958 Department of Defense Instruction 6060.02, the child care
959 facility or family child day care home must be licensed under
960 this chapter.
961 Section 22. Section 402.318, Florida Statutes, is amended
962 to read:
963 402.318 Advertisement.—A person, as defined in s. 1.01(3),
964 may not advertise a child care facility, family child day care
965 home, or large family child care home without including within
966 such advertisement the state or local agency license number or
967 registration number of such facility or home. Violation of this
968 section is a misdemeanor of the first degree, punishable as
969 provided in s. 775.082 or s. 775.083.
970 Section 23. Section 402.319, Florida Statutes, is amended
971 to read:
972 402.319 Penalties.—
973 (1) It is a misdemeanor of the first degree, punishable as
974 provided in s. 775.082 or s. 775.083, for any person knowingly
975 to:
976 (a) Fail, by false statement, misrepresentation,
977 impersonation, or other fraudulent means, to disclose in any
978 application for voluntary or paid employment or licensure
979 regulated under ss. 402.301-402.318 all information required
980 under those sections or a material fact used in making a
981 determination as to such person's qualifications to be child
982 care personnel, as defined in s. 402.302, in a child care
983 facility, family child day care home, or other child care
984 program.
985 (b) Operate or attempt to operate a child care facility
986 without having procured a license as required by this act.
987 (c) Operate or attempt to operate a family child day care
988 home without a license or without registering with the
989 department, whichever is applicable.
990 (d) Operate or attempt to operate a child care facility or
991 family child day care home under a license that is suspended,
992 revoked, or terminated.
993 (e) Misrepresent, by act or omission, a child care
994 facility or family child day care home to be duly licensed
995 pursuant to this act without being so licensed.
996 (f) Make any other misrepresentation, by act or omission,
997 regarding the licensure or operation of a child care facility or
998 family child day care home to a parent or guardian who has a
999 child placed in the facility or is inquiring as to placing a
1000 child in the facility, or to a representative of the licensing
1001 authority, or to a representative of a law enforcement agency,
1002 including, but not limited to, any misrepresentation as to:
1003 1. The number of children at the child care facility or
1004 the family child day care home;
1005 2. The part of the child care facility or family child day
1006 care home designated for child care;
1007 3. The qualifications or credentials of child care
1008 personnel;
1009 4. Whether a family child day care home or child care
1010 facility complies with the screening requirements of s. 402.305;
1011 or
1012 5. Whether child care personnel have the training as
1013 required by s. 402.305.
1014 (2) If any child care personnel makes any
1015 misrepresentation in violation of this section to a parent or
1016 guardian who has placed a child in the child care facility or
1017 family child day care home, and the parent or guardian relied
1018 upon the misrepresentation, and the child suffers great bodily
1019 harm, permanent disfigurement, permanent disability, or death as
1020 a result of an intentional act or negligence by the child care
1021 personnel, then the child care personnel commits a felony of the
1022 second degree, punishable as provided in s. 775.082, s. 775.083,
1023 or s. 775.084.
1024 (3) Each child care facility, family child day care home,
1025 and large family child care home shall annually submit an
1026 affidavit of compliance with s. 39.201.
1027 Section 24. Paragraph (c) of subsection (2) of section
1028 409.988, Florida Statutes, is amended to read:
1029 409.988 Community-based care lead agency duties; general
1030 provisions.—
1031 (2) LICENSURE.—
1032 (c) Substitute care providers who are licensed under s.
1033 409.175 and who have contracted with a lead agency are also
1034 authorized to provide registered or licensed family child day
1035 care under s. 402.313 if such care is consistent with federal
1036 law and if the home has met the requirements of s. 402.313.
1037 Section 25. Paragraph (b) of subsection (8) of section
1038 411.203, Florida Statutes, is amended to read:
1039 411.203 Continuum of comprehensive services.—The
1040 Department of Education and the Department of Health shall
1041 utilize the continuum of prevention and early assistance
1042 services for high-risk pregnant women and for high-risk and
1043 handicapped children and their families, as outlined in this
1044 section, as a basis for the intraagency and interagency program
1045 coordination, monitoring, and analysis required in this chapter.
1046 The continuum shall be the guide for the comprehensive statewide
1047 approach for services for high-risk pregnant women and for high-
1048 risk and handicapped children and their families, and may be
1049 expanded or reduced as necessary for the enhancement of those
1050 services. Expansion or reduction of the continuum shall be
1051 determined by intraagency or interagency findings and agreement,
1052 whichever is applicable. Implementation of the continuum shall
1053 be based upon applicable eligibility criteria, availability of
1054 resources, and interagency prioritization when programs impact
1055 both agencies, or upon single agency prioritization when
1056 programs impact only one agency. The continuum shall include,
1057 but not be limited to:
1058 (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1059 OF HIGH-RISK CHILDREN.—
1060 (b) Child care and early childhood programs, including,
1061 but not limited to, licensed child care facilities, family child
1062 day care homes, therapeutic child care, Head Start, and
1063 preschool programs in public and private schools.
1064 Section 26. Paragraph (a) of subsection (3) of section 1002.55, Florida Statutes, is amended to read:
1066 1002.55 School-year prekindergarten program delivered by
1067 private prekindergarten providers.—
1068 (3) To be eligible to deliver the prekindergarten program,
1069 a private prekindergarten provider must meet each of the
1070 following requirements:
1071 (a) The private prekindergarten provider must be a child
1072 care facility licensed under s. 402.305, family child day care
1073 home licensed under s. 402.313, large family child care home
1074 licensed under s. 402.3131, nonpublic school exempt from
1075 licensure under s. 402.3025(2), faith-based child care provider
1076 exempt from licensure under s. 402.316, child development
1077 program that is accredited by a national accrediting body and
1078 operates on a military installation that is certified by the
1079 United States Department of Defense, or private prekindergarten
1080 provider that has been issued a provisional license under s.
1081 402.309. A private prekindergarten provider may not deliver the
1082 program while holding a probation-status license under s.
1083 402.310.
1084 Section 27. Paragraph (u) of subsection (2) of section
1085 1002.82, Florida Statutes, is amended to read:
1086 1002.82 Department of Education; powers and duties.—
1087 (2) The department shall:
1088 (u) Administer a statewide toll-free Warm-Line to provide
1089 assistance and consultation to child care facilities and family
1090 child day care homes regarding health, developmental,
1091 disability, and special needs issues of the children they are
1092 serving, particularly children with disabilities and other
1093 special needs. The department shall:
1094 1. Annually inform child care facilities and family child
1095 day care homes of the availability of this service through the
1096 child care resource and referral network under s. 1002.92.
1097 2. Expand or contract for the expansion of the Warm-Line
1098 to maintain at least one Warm-Line in each early learning
1099 coalition service area.
1100 Section 28. Paragraph (j) of subsection (4) of section
1101 1002.83, Florida Statutes, is amended to read:
1102 1002.83 Early learning coalitions.—
1103 (4) Each early learning coalition must include the
1104 following member positions; however, in a multicounty coalition,
1105 each ex officio member position may be filled by multiple
1106 nonvoting members but no more than one voting member shall be
1107 seated per member position. If an early learning coalition has
1108 more than one member representing the same entity, only one of
1109 such members may serve as a voting member:
1110 (j) A representative of private for-profit child care
1111 providers, including private for-profit family child day care
1112 homes.
1113 Section 29. Subsection (4) of section 1002.84, Florida
1114 Statutes, is amended to read:
1115 1002.84 Early learning coalitions; school readiness powers
1116 and duties.—Each early learning coalition shall:
1117 (4) Establish a regional Warm-Line as directed by the
1118 department pursuant to s. 1002.82(2)(u). Regional Warm-Line
1119 staff shall provide onsite technical assistance, when requested,
1120 to assist child care facilities and family child day care homes
1121 with inquiries relating to the strategies, curriculum, and
1122 environmental adaptations the child care facilities and family
1123 child day care homes may need as they serve children with
1124 disabilities and other special needs.
1125 Section 30. Paragraphs (a) and (c) of subsection (1) of
1126 section 1002.88, Florida Statutes, are amended to read:
1127 1002.88 School readiness program provider standards;
1128 eligibility to deliver the school readiness program.—
1129 (1) To be eligible to deliver the school readiness
1130 program, a school readiness program provider must:
1131 (a) Be a child care facility licensed under s. 402.305, a
1132 family child day care home licensed or registered under s.
1133 402.313, a large family child care home licensed under s.
1134 402.3131, a public school or nonpublic school exempt from
1135 licensure under s. 402.3025, a faith-based child care provider
1136 exempt from licensure under s. 402.316, a before-school or
1137 after-school program described in s. 402.305(1)(c), a child
1138 development program that is accredited by a national accrediting
1139 body and operates on a military installation that is certified
1140 by the United States Department of Defense, an informal child
1141 care provider to the extent authorized in the state's Child Care
1142 and Development Fund Plan as approved by the United States
1143 Department of Health and Human Services pursuant to 45 C.F.R. s.
1144 98.18, or a provider who has been issued a provisional license
1145 pursuant to s. 402.309. A provider may not deliver the program
1146 while holding a probation-status license under s. 402.310.
1147 (c) Provide basic health and safety of its premises and
1148 facilities and compliance with requirements for age-appropriate
1149 immunizations of children enrolled in the school readiness
1150 program.
1151 1. For a provider that is licensed, compliance with s.
1152 402.305, s. 402.3131, or s. 402.313 and this subsection, as
1153 verified pursuant to s. 402.311, satisfies this requirement.
1154 2. For a provider that is a registered family child day
1155 care home or is not subject to licensure or registration by the
1156 Department of Children and Families, compliance with this
1157 subsection, as verified pursuant to s. 402.311, satisfies this
1158 requirement. Upon verification pursuant to s. 402.311, the
1159 provider shall annually post the health and safety checklist
1160 adopted by the department prominently on its premises in plain
1161 sight for visitors and parents and shall annually submit the
1162 checklist to its local early learning coalition.
1163 3. For a child development program that is accredited by a
1164 national accrediting body and operates on a military
1165 installation that is certified by the United States Department
1166 of Defense, the submission and verification of annual
1167 inspections pursuant to United States Department of Defense
1168 Instructions 6060.2 and 1402.05 satisfies this requirement.
1169 Section 31. Paragraph (c) of subsection (2) of section
1170 1002.895, Florida Statutes, is amended to read:
1171 1002.895 Market rate schedule.—The school readiness
1172 program market rate schedule shall be implemented as follows:
1173 (2) The market rate schedule must differentiate rates by
1174 provider type, including, but not limited to:
1175 (c) Family child day care homes licensed or registered
1176 under s. 402.313.
1177 Section 32. Paragraph (a) of subsection (3) and subsection
1178 (4) of section 1002.92, Florida Statutes, are amended to read:
1179 1002.92 Child care and early childhood resource and
1180 referral.—
1181 (3) Child care resource and referral agencies shall
1182 provide the following services:
1183 (a) Identification of existing public and private child
1184 care and early childhood education services, including child
1185 care services by public and private employers, and the
1186 development of an early learning provider performance profile of
1187 those services through the single statewide information system
1188 developed by the department under s. 1002.82(2)(q). These
1189 services may include family child day care, public and private
1190 child care programs, the Voluntary Prekindergarten Education
1191 Program, Head Start, the school readiness program, special
1192 education programs for prekindergarten children with
1193 disabilities, services for children with developmental
1194 disabilities, full-time and part-time programs, before-school
1195 and after-school programs, and vacation care programs. The early
1196 learning provider performance profile shall include, but not be
1197 limited to:
1198 1. Type of program.
1199 2. Hours of service.
1200 3. Ages of children served.
1201 4. Number of children served.
1202 5. Program information.
1203 6. Fees and eligibility for services.
1204 7. Availability of transportation.
1205 8. Participation in the Child Care Food Program, if
1206 applicable.
1207 9. A link to licensing inspection reports, if applicable.
1208 10. The components of the Voluntary Prekindergarten
1209 Education Program performance metric calculated under s. 1002.68
1210 which must consist of the program assessment composite score,
1211 learning gains score, achievement score, and its designations,
1212 if applicable.
1213 11. The school readiness program assessment composite
1214 score and program assessment care level composite score results
1215 delineated by infant classrooms, toddler classrooms, and
1216 preschool classrooms results under s. 1002.82, if applicable.
1217 12. Gold Seal Quality Care designation under s. 1002.945,
1218 if applicable.
1219 13. Indication of whether the provider implements a
1220 curriculum approved by the department and the name of the
1221 curriculum, if applicable.
1222 14. Participation in school readiness child assessment
1223 under s. 1002.82.
1224 (4) A child care facility licensed under s. 402.305 and
1225 licensed and registered family child day care homes must provide
1226 the statewide child care and resource and referral network with
1227 the following information annually:
1228 (a) Type of program.
1229 (b) Hours of service.
1230 (c) Ages of children served.
1231 (d) Fees and eligibility for services.
1232 Section 33. Subsection (2) of section 1002.93, Florida
1233 Statutes, is amended to read:
1234 1002.93 School readiness program transportation services.—
1235 (2) The transportation servicers may only provide
1236 transportation to each child participating in the school
1237 readiness program to the extent that such transportation is
1238 necessary to provide child care opportunities that otherwise
1239 would not be available to a child whose home is more than a
1240 reasonable walking distance from the nearest child care facility
1241 or family child day care home.
1242 Section 34. Paragraph (b) of subsection (1), paragraphs
1243 (a) and (c) of subsection (3), and subsection (4) of section
1244 1002.945, Florida Statutes, are amended to read:
1245 1002.945 Gold Seal Quality Care Program.—
1246 (1)
1247 (b) A child care facility, large family child care home,
1248 or family child day care home that is accredited by an
1249 accrediting association approved by the Department of Education
1250 under subsection (3) and meets all other requirements shall,
1251 upon application to the department, receive a separate "Gold
1252 Seal Quality Care" designation.
1253 (3)(a) In order to be approved by the Department of
1254 Education for participation in the Gold Seal Quality Care
1255 Program, an accrediting association must apply to the department
1256 and demonstrate that it:
1257 1. Is a recognized accrediting association.
1258 2. Has accrediting standards that substantially meet or
1259 exceed the Gold Seal Quality Care standards adopted by the state
1260 board under subsection (2).
1261 3. Is a registered corporation with the Department of
1262 State.
1263 4. Can provide evidence that the process for accreditation
1264 has, at a minimum, all of the following components:
1265 a. Clearly defined prerequisites that a child care
1266 provider must meet before beginning the accreditation process.
1267 However, accreditation may not be granted to a child care
1268 facility, large family child care home, or family child day care
1269 home before the site is operational and is attended by children.
1270 b. Procedures for completion of a self-study and
1271 comprehensive onsite verification process for each classroom
1272 that documents compliance with accrediting standards.
1273 c. A training process for accreditation verifiers to
1274 ensure inter-rater reliability.
1275 d. Ongoing compliance procedures that include requiring
1276 each accredited child care facility, large family child care
1277 home, and family child day care home to file an annual report
1278 with the accrediting association and risk-based, onsite auditing
1279 protocols for accredited child care facilities, large family
1280 child care homes, and family child day care homes.
1281 e. Procedures for the revocation of accreditation due to
1282 failure to maintain accrediting standards as evidenced by sub-
1283 subparagraph d. or any other relevant information received by
1284 the accrediting association.
1285 f. Accreditation renewal procedures that include an onsite
1286 verification occurring at least every 5 years.
1287 g. A process for verifying continued accreditation
1288 compliance in the event of a transfer of ownership of
1289 facilities.
1290 h. A process to communicate issues that arise during the
1291 accreditation period with governmental entities that have a
1292 vested interest in the Gold Seal Quality Care Program, including
1293 the Department of Education, the Department of Children and
1294 Families, the Department of Health, local licensing entities if
1295 applicable, and the early learning coalition.
1296 (c) If an accrediting association has granted
1297 accreditation to a child care facility, large family child care
1298 home, or family child day care under fraudulent terms or failed
1299 to conduct onsite verifications, the accrediting association
1300 shall be liable for the repayment of any rate differentials paid
1301 under subsection (6).
1302 (4) In order to obtain and maintain a designation as a
1303 Gold Seal Quality Care provider, a child care facility, large
1304 family child care home, or family child day care home must meet
1305 the following additional criteria:
1306 (a) The child care provider must not have had any class I
1307 violations, as defined by rule of the Department of Children and
1308 Families, within the 2 years preceding its application for
1309 designation as a Gold Seal Quality Care provider. Commission of
1310 a class I violation shall be grounds for termination of the
1311 designation as a Gold Seal Quality Care provider until the
1312 provider has no class I violations for a period of 2 years.
1313 (b) The child care provider must not have had three or
1314 more of the same class II violations, as defined by rule of the
1315 Department of Children and Families, within the 2 years
1316 preceding its application for designation as a Gold Seal Quality
1317 Care provider. Commission of three or more of the same class II
1318 violations within a 2-year period shall be grounds for
1319 termination of the designation as a Gold Seal Quality Care
1320 provider until the provider has no class II violations that are
1321 the same for a period of 1 year.
1322 (c) The child care provider must not have been cited for
1323 the same class III violation, as defined by rule of the
1324 Department of Children and Families, three or more times and
1325 failed to correct the violation within 1 year after the date of
1326 each citation, within the 2 years preceding its application for
1327 designation as a Gold Seal Quality Care provider. Commission of
1328 the same class III violation three or more times and failure to
1329 correct within the required time during a 2-year period may be
1330 grounds for termination of the designation as a Gold Seal
1331 Quality Care provider until the provider has no class III
1332 violations for a period of 1 year.
1333 (d) Notwithstanding paragraph (a), if the Department of
1334 Education determines through a formal process that a provider
1335 has been in business for at least 5 years and has no other class
1336 I violations recorded, the department may recommend to the state
1337 board that the provider maintain its Gold Seal Quality Care
1338 status. The state board's determination regarding such
1339 provider's status is final.
1340 This act shall take effect July 1, 2026. Section 35.