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