Florida Senate - 2025                                     SB 738
       
       
        
       By Senator Burton
       
       
       
       
       
       12-00462C-25                                           2025738__
    1                        A bill to be entitled                      
    2         An act relating to child care and early learning
    3         providers; amending s. 170.201, F.S.; exempting public
    4         and private preschools from specified special
    5         assessments levied by a municipality; defining the
    6         term “preschool”; amending s. 402.305, F.S.; revising
    7         licensing standards for all licensed child care
    8         facilities and minimum standards and training
    9         requirements for child care personnel; requiring the
   10         Department of Children and Families to conduct
   11         specified screenings of child care personnel within a
   12         specified timeframe and issue provisional approval of
   13         such personnel under certain conditions; providing an
   14         exception; revising minimum standards for sanitation
   15         and safety of child care facilities; making technical
   16         changes; deleting provisions relating to educating
   17         parents and children about specified topics; deleting
   18         provisions relating to specialized child care
   19         facilities for the care of mildly ill children;
   20         amending s. 402.306, F.S.; requiring a county
   21         commission to affirm annually certain decisions;
   22         amending s. 402.3115, F.S.; expanding the types of
   23         providers to be considered when developing and
   24         implementing a plan to eliminate duplicative and
   25         unnecessary inspections; revising requirements for an
   26         abbreviated inspection plan for certain child care
   27         facilities; requiring the department to review and
   28         update certain elements included in such abbreviated
   29         inspections; requiring the department to revise the
   30         abbreviated inspection plan as necessary; amending s.
   31         402.316, F.S.; providing that certain child care
   32         facilities are exempt from specified requirements;
   33         amending s. 627.70161, F.S.; defining the term “large
   34         family child care home”; providing that specified
   35         insurance provisions apply to large family child care
   36         homes; amending s. 1002.59, F.S.; conforming a cross
   37         reference; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Subsection (2) of section 170.201, Florida
   42  Statutes, is amended to read:
   43         170.201 Special assessments.—
   44         (2) Property owned or occupied by a religious institution
   45  and used as a place of worship or education; by a public or
   46  private preschool, elementary school, middle school, or high
   47  school; or by a governmentally financed, insured, or subsidized
   48  housing facility that is used primarily for persons who are
   49  elderly or disabled shall be exempt from any special assessment
   50  levied by a municipality to fund any service if the municipality
   51  so desires. As used in this subsection, the term “religious
   52  institution” means any church, synagogue, or other established
   53  physical place for worship at which nonprofit religious services
   54  and activities are regularly conducted and carried on and the
   55  term “governmentally financed, insured, or subsidized housing
   56  facility” means a facility that is financed by a mortgage loan
   57  made or insured by the United States Department of Housing and
   58  Urban Development under s. 8, s. 202, s. 221(d)(3) or (4), s.
   59  232, or s. 236 of the National Housing Act and is owned or
   60  operated by an entity that qualifies as an exempt charitable
   61  organization under s. 501(c)(3) of the Internal Revenue Code. As
   62  used in this subsection, the term “preschool” means any child
   63  care facility licensed under s. 402.305.
   64         Section 2. Paragraphs (a) and (c) of subsection (1),
   65  paragraphs (a), (e), and (f) of subsection (2), paragraphs (a)
   66  and (c) of subsection (7), and subsections (9), (13), and (17)
   67  of section 402.305, Florida Statutes, are amended to read:
   68         402.305 Licensing standards; child care facilities.—
   69         (1) LICENSING STANDARDS.—The department shall establish
   70  licensing standards that each licensed child care facility must
   71  meet regardless of the origin or source of the fees used to
   72  operate the facility or the type of children served by the
   73  facility.
   74         (a) The standards shall be designed to address the
   75  following areas:
   76         1.the health and nutrition, sanitation, safety,
   77  developmental needs, and sanitary adequate physical conditions
   78  surroundings for all children served by in child care
   79  facilities.
   80         2.The health and nutrition of all children in child care.
   81         3.The child development needs of all children in child
   82  care.
   83         (c) The minimum standards for child care facilities shall
   84  be adopted in the rules of the department and shall address the
   85  areas delineated in this section.
   86         1. The department, in adopting rules to establish minimum
   87  standards for child care facilities, shall recognize that
   88  different age groups of children may require different
   89  standards.
   90         2. The department may adopt different minimum standards for
   91  facilities that serve children in different age groups,
   92  including school-age children.
   93         3.The department may create up to three classification
   94  levels for violations of licensing standards that directly
   95  relate to the health and safety of a child. A class three
   96  violation is the least serious in nature and must be the same
   97  incident of noncompliance that occurs at least three times
   98  within a 2-year period.
   99         4. The department shall also adopt by rule a definition for
  100  child care which distinguishes between child care programs that
  101  require child care licensure and after-school programs that do
  102  not require licensure. Notwithstanding any other provision of
  103  law to the contrary, minimum child care licensing standards
  104  shall be developed to provide for reasonable, affordable, and
  105  safe before-school and after-school care. After-school programs
  106  that otherwise meet the criteria for exclusion from licensure
  107  may provide snacks and meals through the federal Afterschool
  108  Meal Program (AMP) administered by the Department of Health in
  109  accordance with federal regulations and standards. The
  110  Department of Health shall consider meals to be provided through
  111  the AMP only if the program is actively participating in the
  112  AMP, is in good standing with the department, and the meals meet
  113  AMP requirements. Standards, at a minimum, shall allow for a
  114  credentialed director to supervise multiple before-school and
  115  after-school sites.
  116         (2) PERSONNEL.—Minimum standards for child care personnel
  117  shall include minimum requirements as to:
  118         (a) Good moral character based upon screening as defined in
  119  s. 402.302(15). This screening shall be conducted as provided in
  120  chapter 435, using the level 2 standards for screening provided
  121  set forth in that chapter, and include employment history
  122  checks, a search of criminal history records, sexual predator
  123  and sexual offender registries, and child abuse and neglect
  124  registry of any state in which the current or prospective child
  125  care personnel resided during the preceding 5 years. The
  126  department shall complete the screening and provide the results
  127  to the child care facility within 3 business days. If the
  128  department is unable to complete the screening within 3 business
  129  days, the department shall issue the current or prospective
  130  child care personnel a 45-day provisional-hire status while all
  131  required information is being requested and the department is
  132  awaiting results unless the department has reason to believe a
  133  disqualifying factor may exist. During the 45-day period, the
  134  current or prospective child care personnel must be under the
  135  direct supervision of a screened and trained staff member when
  136  in contact with children.
  137         (e) Minimum training requirements for child care personnel.
  138         1. Such minimum standards for training shall ensure that
  139  all child care personnel take an approved 40-clock-hour
  140  introductory course in child care, which course covers at least
  141  the following topic areas:
  142         a. State and local rules and regulations which govern child
  143  care.
  144         b. Health, safety, and nutrition.
  145         c. Identifying and reporting child abuse and neglect.
  146         d. Child development, including typical and atypical
  147  language, cognitive, motor, social, and self-help skills
  148  development.
  149         e. Observation of developmental behaviors, including using
  150  a checklist or other similar observation tools and techniques to
  151  determine the child’s developmental age level.
  152         f. Specialized areas, including computer technology for
  153  professional and classroom use and early literacy and language
  154  development of children from birth to 5 years of age, as
  155  determined by the department, for owner-operators and child care
  156  personnel of a child care facility.
  157         g. Developmental disabilities, including autism spectrum
  158  disorder and Down syndrome, and early identification, use of
  159  available state and local resources, classroom integration, and
  160  positive behavioral supports for children with developmental
  161  disabilities.
  162  
  163  Within 90 days after employment, child care personnel shall
  164  begin training to meet the training requirements. Child care
  165  personnel shall successfully complete such training within 1
  166  year after the date on which the training began, as evidenced by
  167  passage of a competency examination. Successful completion of
  168  the 40-clock-hour introductory course shall articulate into
  169  community college credit in early childhood education, pursuant
  170  to ss. 1007.24 and 1007.25. Exemption from all or a portion of
  171  the required training shall be granted to child care personnel
  172  based upon educational credentials or passage of competency
  173  examinations. Child care personnel possessing a 2-year degree or
  174  higher that includes 6 college credit hours in early childhood
  175  development or child growth and development, or a child
  176  development associate credential or an equivalent state-approved
  177  child development associate credential, or a child development
  178  associate waiver certificate shall be automatically exempted
  179  from the training requirements in sub-subparagraphs b., d., and
  180  e.
  181         2.The introductory course in child care shall stress, to
  182  the extent possible, an interdisciplinary approach to the study
  183  of children.
  184         2.3. The introductory course shall cover recognition and
  185  prevention of shaken baby syndrome; prevention of sudden infant
  186  death syndrome; recognition and care of infants and toddlers
  187  with developmental disabilities, including autism spectrum
  188  disorder and Down syndrome; and early childhood brain
  189  development within the topic areas identified in this paragraph.
  190         3.4. On an annual basis in order to further their child
  191  care skills and, if appropriate, administrative skills, child
  192  care personnel who have fulfilled the requirements for the child
  193  care training shall be required to take an additional 1
  194  continuing education unit of approved inservice training, or 10
  195  clock hours of equivalent training, as determined by the
  196  department.
  197         4.5. Child care personnel shall be required to complete 0.5
  198  continuing education unit of approved training or 5 clock hours
  199  of equivalent training, as determined by the department, in
  200  early literacy and language development of children from birth
  201  to 5 years of age one time. The year that this training is
  202  completed, it shall fulfill the 0.5 continuing education unit or
  203  5 clock hours of the annual training required in subparagraph 3.
  204  4.
  205         5.6. Procedures for ensuring the training of qualified
  206  child care professionals to provide training of child care
  207  personnel, including onsite training, shall be included in the
  208  minimum standards. It is recommended that the state community
  209  child care coordination agencies (central agencies) be
  210  contracted by the department to coordinate such training when
  211  possible. Other district educational resources, such as
  212  community colleges and career programs, can be designated in
  213  such areas where central agencies may not exist or are
  214  determined not to have the capability to meet the coordination
  215  requirements set forth by the department.
  216         6.7. Training requirements do shall not apply to certain
  217  occasional or part-time support staff, including, but not
  218  limited to, swimming instructors, piano teachers, dance
  219  instructors, and gymnastics instructors.
  220         7.8. The child care operator shall be required to take
  221  basic training in serving children with disabilities within 5
  222  years after employment, either as a part of the introductory
  223  training or the annual 8 hours of inservice training.
  224         (f) Periodic health examinations for child care facility
  225  drivers.
  226         (7) SANITATION AND SAFETY.—
  227         (a) Minimum standards must shall include requirements for
  228  sanitary and safety conditions, first aid treatment, emergency
  229  procedures, and pediatric cardiopulmonary resuscitation. The
  230  minimum standards must shall require that at least one staff
  231  person trained in person in cardiopulmonary resuscitation, as
  232  evidenced by current documentation of course completion, must be
  233  present at all times that children are present.
  234         (c)Some type of communications system, such as a pocket
  235  pager or beeper, shall be provided to a parent whose child is in
  236  drop-in child care to ensure the immediate return of the parent
  237  to the child, if necessary.
  238         (9) ADMISSIONS AND RECORDKEEPING.—
  239         (a) Minimum standards must shall include requirements for
  240  preadmission and periodic health examinations, requirements for
  241  immunizations, and requirements for maintaining emergency
  242  information and health records on all children.
  243         (b)During the months of August and September of each year,
  244  each child care facility shall provide parents of children
  245  enrolled in the facility detailed information regarding the
  246  causes, symptoms, and transmission of the influenza virus in an
  247  effort to educate those parents regarding the importance of
  248  immunizing their children against influenza as recommended by
  249  the Advisory Committee on Immunization Practices of the Centers
  250  for Disease Control and Prevention.
  251         (c)During the months of April and September of each year,
  252  at a minimum, each facility shall provide parents of children
  253  enrolled in the facility information regarding the potential for
  254  a distracted adult to fail to drop off a child at the facility
  255  and instead leave the child in the adult’s vehicle upon arrival
  256  at the adult’s destination. The child care facility shall also
  257  give parents information about resources with suggestions to
  258  avoid this occurrence. The department shall develop a flyer or
  259  brochure with this information that shall be posted to the
  260  department’s website, which child care facilities may choose to
  261  reproduce and provide to parents to satisfy the requirements of
  262  this paragraph.
  263         (b)(d) Because of the nature and duration of drop-in child
  264  care, requirements for preadmission and periodic health
  265  examinations and requirements for medically signed records of
  266  immunization required for child care facilities shall not apply.
  267  A parent of a child in drop-in child care shall, however, be
  268  required to attest to the child’s health condition and the type
  269  and current status of the child’s immunizations.
  270         (c)(e) Any child shall be exempt from medical or physical
  271  examination or medical or surgical treatment upon written
  272  request of the parent or guardian of such child who objects to
  273  the examination and treatment. However, the laws, rules, and
  274  regulations relating to contagious or communicable diseases and
  275  sanitary matters shall not be violated because of any exemption
  276  from or variation of the health and immunization minimum
  277  standards.
  278         (13) PLAN OF ACTIVITIES.—Minimum standards shall ensure
  279  that each child care facility has and implements a written plan
  280  for the daily provision of varied activities and active and
  281  quiet play opportunities appropriate to the age of the child.
  282  The written plan must include a program, to be implemented
  283  periodically for children of an appropriate age, which will
  284  assist the children in preventing and avoiding physical and
  285  mental abuse.
  286         (17)SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF
  287  MILDLY ILL CHILDREN.—Minimum standards shall be developed by the
  288  department, in conjunction with the Department of Health, for
  289  specialized child care facilities for the care of mildly ill
  290  children. The minimum standards shall address the following
  291  areas: personnel requirements; staff-to-child ratios; staff
  292  training and credentials; health and safety; physical facility
  293  requirements, including square footage; client eligibility,
  294  including a definition of “mildly ill children”; sanitation and
  295  safety; admission and recordkeeping; dispensing of medication;
  296  and a schedule of activities.
  297         Section 3. Subsection (1) of section 402.306, Florida
  298  Statutes, is amended to read:
  299         402.306 Designation of licensing agency; dissemination by
  300  the department and local licensing agency of information on
  301  child care.—
  302         (1)(a) Any county whose licensing standards meet or exceed
  303  state minimum standards may:
  304         1.(a) Designate a local licensing agency to license child
  305  care facilities in the county; or
  306         2.(b) Contract with the department to delegate the
  307  administration of state minimum standards in the county to the
  308  department.
  309         (b)The decision to designate a local licensing agency
  310  under subparagraph (a)1. must be annually affirmed by a majority
  311  vote of the county commission.
  312         Section 4. Section 402.3115, Florida Statutes, is amended
  313  to read:
  314         402.3115 Elimination of duplicative and unnecessary
  315  inspections; abbreviated inspections.—
  316         (1) The Department of Children and Families and local
  317  governmental agencies that license child care facilities shall
  318  develop and implement a plan to eliminate duplicative and
  319  unnecessary inspections of child care facilities, family day
  320  care homes, and large family child care homes.
  321         (2)(a)In addition, The department and the local
  322  governmental agencies shall develop and implement an abbreviated
  323  inspection plan for child care facilities that meet all of the
  324  following conditions:
  325         1.Have been licensed for at least 2 consecutive years.
  326         2. Have not had a no Class 1 deficiency, as defined by
  327  rule, for at least 2 consecutive years.
  328         3.Have not had more than three of the same or Class 2
  329  deficiencies, as defined by rule, for at least 2 consecutive
  330  years.
  331         4.Have received at least two full onsite renewal
  332  inspections in the most recent 2 years.
  333         5.Do not have any current uncorrected violations.
  334         6.Do not have any open regulatory complaints or active
  335  child protective services investigations.
  336         (b) The abbreviated inspection must include those elements
  337  identified by the department and the local governmental agencies
  338  as being key indicators of whether the child care facility
  339  continues to provide quality care and programming. The
  340  department shall review and update these elements every 5 years.
  341         (3)The department shall revise the plan under subsection
  342  (1) as necessary to maintain the validity and effectiveness of
  343  inspections.
  344         Section 5. Subsection (1) of section 402.316, Florida
  345  Statutes, is amended to read:
  346         402.316 Exemptions.—
  347         (1) The provisions of ss. 402.301-402.319, except for the
  348  requirements regarding screening of child care personnel, shall
  349  not apply to a child care facility which is an integral part of
  350  church or parochial schools, or a child care facility that
  351  solely provides child care to eligible children as defined in s.
  352  402.261(1)(c), conducting regularly scheduled classes, courses
  353  of study, or educational programs accredited by, or by a member
  354  of, an organization which publishes and requires compliance with
  355  its standards for health, safety, and sanitation. However, such
  356  facilities shall meet minimum requirements of the applicable
  357  local governing body as to health, sanitation, and safety and
  358  shall meet the screening requirements pursuant to ss. 402.305
  359  and 402.3055. Failure by a facility to comply with such
  360  screening requirements shall result in the loss of the
  361  facility’s exemption from licensure.
  362         Section 6. Section 627.70161, Florida Statutes, is amended
  363  to read:
  364         627.70161 Family day care and large family child care
  365  insurance.—
  366         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  367  family day care homes and large family child care homes fulfill
  368  a vital role in providing child care in Florida. It is the
  369  intent of the Legislature that residential property insurance
  370  coverage should not be canceled, denied, or nonrenewed solely on
  371  the basis of the family day care or child care services at the
  372  residence. The Legislature also recognizes that the potential
  373  liability of residential property insurers is substantially
  374  increased by the rendition of child care services on the
  375  premises. The Legislature therefore finds that there is a public
  376  need to specify that contractual liabilities that arise in
  377  connection with the operation of the family day care home or
  378  large family child care home are excluded from residential
  379  property insurance policies unless they are specifically
  380  included in such coverage.
  381         (2) DEFINITIONS.—As used in this section, the term:
  382         (a) “Child care” means the care, protection, and
  383  supervision of a child, for a period of less than 24 hours a day
  384  on a regular basis, which supplements parental care, enrichment,
  385  and health supervision for the child, in accordance with his or
  386  her individual needs, and for which a payment, fee, or grant is
  387  made for care.
  388         (b) “Family day care home” means an occupied residence in
  389  which child care is regularly provided for children from at
  390  least two unrelated families and which receives a payment, fee,
  391  or grant for any of the children receiving care, whether or not
  392  operated for a profit.
  393         (c)“Large family child care home” means an occupied
  394  residence in which child care is regularly provided for children
  395  from at least two unrelated families, which receives a payment,
  396  fee, or grant for any of the children receiving care, regardless
  397  of whether operated for profit, and which has at least two full
  398  time child care personnel on the premises during the hours of
  399  operation. One of the two full-time child care personnel must be
  400  the owner or occupant of the residence. A large family child
  401  care home must first have operated as a licensed family day care
  402  home for at least 2 years, with an operator who has held a child
  403  development associate credential or its equivalent for at least
  404  1 year, before seeking licensure as a large family child care
  405  home. Household children under 13 years of age, when on the
  406  premises of the large family child care home or on a field trip
  407  with children enrolled in child care, must be included in the
  408  overall capacity of the licensed home. A large family child care
  409  home may provide care for one of the following groups of
  410  children, which must include household children under 13 years
  411  of age:
  412         1.A maximum of eight children from birth to 24 months of
  413  age.
  414         2.A maximum of 12 children, with no more than four
  415  children under 24 months of age.
  416         (3) FAMILY DAY CARE AND LARGE FAMILY CHILD CARE; COVERAGE.
  417  A residential property insurance policy may shall not provide
  418  coverage for liability for claims arising out of, or in
  419  connection with, the operation of a family day care home or
  420  large family child care home, and the insurer shall be under no
  421  obligation to defend against lawsuits covering such claims,
  422  unless:
  423         (a) Specifically covered in a policy; or
  424         (b) Covered by a rider or endorsement for business coverage
  425  attached to a policy.
  426         (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
  427  insurer may not deny, cancel, or refuse to renew a policy for
  428  residential property insurance solely on the basis that the
  429  policyholder or applicant operates a family day care home or
  430  large family child care home. In addition to other lawful
  431  reasons for refusing to insure, an insurer may deny, cancel, or
  432  refuse to renew a policy of a family day care home or large
  433  family child care home provider if one or more of the following
  434  conditions occur:
  435         (a) The policyholder or applicant provides care for more
  436  children than authorized for family day care homes by s.
  437  402.302;
  438         (b) The policyholder or applicant fails to maintain a
  439  separate commercial liability policy or an endorsement providing
  440  liability coverage for the family day care home or large family
  441  child care home operations;
  442         (c) The policyholder or applicant fails to comply with the
  443  applicable family day care home licensure and registration
  444  requirements specified in chapter 402 s. 402.313; or
  445         (d) Discovery of willful or grossly negligent acts or
  446  omissions or any violations of state laws or regulations
  447  establishing safety standards for family day care homes or large
  448  family child care homes by the named insured or his or her
  449  representative which materially increase any of the risks
  450  insured.
  451         Section 7. Subsection (1) of section 1002.59, Florida
  452  Statutes, is amended to read:
  453         1002.59 Emergent literacy and performance standards
  454  training courses.—
  455         (1) The department, in collaboration with the Just Read,
  456  Florida! Office, shall adopt minimum standards for courses in
  457  emergent literacy for prekindergarten instructors. Each course
  458  must consist of 5 clock hours and provide instruction in
  459  strategies and techniques to address the age-appropriate
  460  progress of prekindergarten students in developing emergent
  461  literacy skills, including oral communication, knowledge of
  462  print and letters, phonological and phonemic awareness,
  463  vocabulary and comprehension development, and foundational
  464  background knowledge designed to correlate with the content that
  465  students will encounter in grades K-12, consistent with the
  466  evidence-based content and strategies grounded in the science of
  467  reading identified pursuant to s. 1001.215(7). The course
  468  standards must be reviewed as part of any review of subject
  469  coverage or endorsement requirements in the elementary, reading,
  470  and exceptional student educational areas conducted pursuant to
  471  s. 1012.586. Each course must also provide resources containing
  472  strategies that allow students with disabilities and other
  473  special needs to derive maximum benefit from the Voluntary
  474  Prekindergarten Education Program. Successful completion of an
  475  emergent literacy training course approved under this section
  476  satisfies requirements for approved training in early literacy
  477  and language development under ss. 402.305(2)(e)4., 402.313(6),
  478  and 402.3131(5) ss. 402.305(2)(e)5., 402.313(6), and
  479  402.3131(5).
  480         Section 8. This act shall take effect July 1, 2025.