Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1690
Ì109638HÎ109638
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/03/2026 .
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The Committee on Children, Families, and Elder Affairs
(Calatayud) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (3) of section 402.306, Florida
6 Statutes, is amended to read:
7 402.306 Designation of licensing agency; dissemination by
8 the department and local licensing agency of information on
9 child care.—
10 (3) The department and local licensing agencies, or the
11 designees thereof, shall be responsible for coordination and
12 dissemination of information on child care to the community and
13 shall make available through electronic means all licensing
14 standards and procedures, health and safety standards for school
15 readiness providers, monitoring and inspection reports, and the
16 names and addresses of licensed child care facilities, school
17 readiness program providers, and, where applicable pursuant to
18 s. 402.313, licensed or registered family child day care homes.
19 This information shall also include the number of deaths,
20 serious injuries, and instances of substantiated child abuse
21 that have occurred in child care settings, including those which
22 are exempt pursuant to s. 402.316(1) or (2), each year; research
23 and best practices in child development; and resources regarding
24 social-emotional development, parent and family engagement,
25 healthy eating, and physical activity.
26 Section 2. Section 402.313, Florida Statutes, is amended to
27 read:
28 402.313 Family child day care homes.—
29 (1) Family child day care homes shall be licensed under
30 this act if they are presently being licensed under an existing
31 county licensing ordinance or if the board of county
32 commissioners passes a resolution that family child day care
33 homes be licensed.
34 (a) If not subject to license, family child day care homes
35 shall register annually with the department, providing the
36 following information:
37 1. The name and address of the home.
38 2. The name of the operator.
39 3. The number of children served.
40 4. Proof of a written plan to provide at least one other
41 competent adult to be available to substitute for the operator
42 in an emergency. This plan shall include the name, address, and
43 telephone number of the designated substitute.
44 5. Proof of screening and background checks.
45 6. Proof of successful completion of the 30-hour training
46 course, as evidenced by passage of a competency examination,
47 which shall include:
48 a. State and local rules and regulations that govern child
49 care.
50 b. Health, safety, and nutrition.
51 c. Identifying and reporting child abuse and neglect.
52 d. Child development, including typical and atypical
53 language development; and cognitive, motor, social, and self
54 help skills development.
55 e. Observation of developmental behaviors, including using
56 a checklist or other similar observation tools and techniques to
57 determine a child’s developmental level.
58 f. Specialized areas, including early literacy and language
59 development of children from birth to 5 years of age, as
60 determined by the department, for owner-operators of family
61 child day care homes.
62 7. Proof that immunization records are kept current.
63 8. Proof of completion of the required continuing education
64 units or clock hours.
65 (b) A family child day care home may volunteer to be
66 licensed under this act.
67 (c) The department may provide technical assistance to
68 counties and family child day care home providers to enable
69 counties and family child day care providers to achieve
70 compliance with family child day care homes standards.
71 (2) This information shall be included in a directory to be
72 published annually by the department to inform the public of
73 available child care facilities.
74 (3) Child care personnel in family child day care homes
75 shall be subject to the applicable screening provisions
76 contained in ss. 402.305(2) and 402.3055. For purposes of
77 screening in family child day care homes, the term includes any
78 member over the age of 12 years of a family child day care home
79 operator’s family, or persons over the age of 12 years residing
80 with the operator in the family child day care home. Members of
81 the operator’s family, or persons residing with the operator,
82 who are between the ages of 12 years and 18 years shall not be
83 required to be fingerprinted, but shall be screened for
84 delinquency records.
85 (4) Operators of family child day care homes must
86 successfully complete an approved 30-clock-hour introductory
87 course in child care, as evidenced by passage of a competency
88 examination, before caring for children.
89 (5) In order to further develop their child care skills
90 and, if appropriate, their administrative skills, operators of
91 family child day care homes shall be required to complete an
92 additional 1 continuing education unit of approved training or
93 10 clock hours of equivalent training, as determined by the
94 department, annually.
95 (6) Operators of family child day care homes shall be
96 required to complete 0.5 continuing education unit of approved
97 training in early literacy and language development of children
98 from birth to 5 years of age one time. The year that this
99 training is completed, it shall fulfill the 0.5 continuing
100 education unit or 5 clock hours of the annual training required
101 in subsection (5).
102 (7) Operators of family child day care homes shall be
103 required annually to complete a health and safety home
104 inspection self-evaluation checklist developed by the department
105 in conjunction with the statewide resource and referral program.
106 The completed checklist shall be signed by the operator of the
107 family child day care home and provided to parents as
108 certification that basic health and safety standards are being
109 met.
110 (8) Family child day care home operators may avail
111 themselves of supportive services offered by the department.
112 (9) The department shall prepare a brochure on family child
113 day care for distribution by the department and by local
114 licensing agencies, if appropriate, to family child day care
115 homes for distribution to parents utilizing such child care, and
116 to all interested persons, including physicians and other health
117 professionals; mental health professionals; school teachers or
118 other school personnel; social workers or other professional
119 child care, foster care, residential, or institutional workers;
120 and law enforcement officers. The brochure shall, at a minimum,
121 contain the following information:
122 (a) A brief description of the requirements for family
123 child day care registration, training, and fingerprinting and
124 screening.
125 (b) A listing of those counties that require licensure of
126 family child day care homes. Such counties shall provide an
127 addendum to the brochure that provides a brief description of
128 the licensure requirements or may provide a brochure in lieu of
129 the one described in this subsection, provided it contains all
130 the required information on licensure and the required
131 information in the subsequent paragraphs.
132 (c) A statement indicating that information about the
133 family child day care home’s compliance with applicable state or
134 local requirements can be obtained by telephoning the department
135 office or the office of the local licensing agency, if
136 appropriate, at a telephone number or numbers which shall be
137 affixed to the brochure.
138 (d) The statewide toll-free telephone number of the central
139 abuse hotline, together with a notice that reports of suspected
140 and actual child physical abuse, sexual abuse, and neglect are
141 received and referred for investigation by the hotline.
142 (e) Any other information relating to competent child care
143 that the department or local licensing agency, if preparing a
144 separate brochure, deems would be helpful to parents and other
145 caretakers in their selection of a family child day care home.
146 (10) On an annual basis, the department shall evaluate the
147 registration and licensure system for family child day care
148 homes. Such evaluation shall, at a minimum, address the
149 following:
150 (a) The number of family child day care homes registered
151 and licensed and the dates of such registration and licensure.
152 (b) The number of children being served in both registered
153 and licensed family child day care homes and any available slots
154 in such homes.
155 (c) The number of complaints received concerning family
156 child day care, the nature of the complaints, and the resolution
157 of such complaints.
158 (d) The training activities utilized by child care
159 personnel in family child day care homes for meeting the state
160 or local training requirements.
161
162 The evaluation shall be utilized by the department in any
163 administrative modifications or adjustments to be made in the
164 registration of family child day care homes or in any
165 legislative requests for modifications to the system of
166 registration or to other requirements for family child day care
167 homes.
168 (11) In order to inform the public of the state requirement
169 for registration of family child day care homes as well as the
170 other requirements for such homes to legally operate in the
171 state, the department shall institute a media campaign to
172 accomplish this end. Such a campaign shall include, at a
173 minimum, flyers, newspaper advertisements, radio advertisements,
174 and television advertisements.
175 (12) Notwithstanding any other state or local law or
176 ordinance, any family child day care home licensed pursuant to
177 this chapter or pursuant to a county ordinance shall be charged
178 the utility rates accorded to a residential home. A licensed
179 family child day care home may not be charged commercial utility
180 rates.
181 (13) The department shall, by rule, establish minimum
182 standards for family child day care homes that are required to
183 be licensed by county licensing ordinance or county licensing
184 resolution or that voluntarily choose to be licensed. The
185 standards should include requirements for staffing, training,
186 maintenance of immunization records, minimum health and safety
187 standards, reduced standards for the regulation of child care
188 during evening hours by municipalities and counties, and
189 enforcement of standards.
190 (14) During the months of August and September of each
191 year, each family day care home shall provide parents of
192 children enrolled in the home detailed information regarding the
193 causes, symptoms, and transmission of the influenza virus in an
194 effort to educate those parents regarding the importance of
195 immunizing their children against influenza as recommended by
196 the Advisory Committee on Immunization Practices of the Centers
197 for Disease Control and Prevention.
198 (15) During the months of April and September of each year,
199 at a minimum, each family day care home shall provide parents of
200 children attending the family day care home information
201 regarding the potential for a distracted adult to fail to drop
202 off a child at the family day care home and instead leave the
203 child in the adult’s vehicle upon arrival at the adult’s
204 destination. The family day care home shall also give parents
205 information about resources with suggestions to avoid this
206 occurrence. The department shall develop a flyer or brochure
207 with this information that shall be posted to the department’s
208 website, which family day care homes may choose to reproduce and
209 provide to parents to satisfy the requirements of this
210 subsection.
211 Section 3. Subsections (9) and (10) of section 402.3131,
212 Florida Statutes, are amended to read:
213 402.3131 Large family child care homes.—
214 (9) During the months of August and September of each year,
215 each large family child care home shall provide parents of
216 children enrolled in the home detailed information regarding the
217 causes, symptoms, and transmission of the influenza virus in an
218 effort to educate those parents regarding the importance of
219 immunizing their children against influenza as recommended by
220 the Advisory Committee on Immunization Practices of the Centers
221 for Disease Control and Prevention.
222 (10) During the months of April and September of each year,
223 at a minimum, each large family child care home shall provide
224 parents of children attending the large family child care home
225 information regarding the potential for a distracted adult to
226 fail to drop off a child at the large family child care home and
227 instead leave the child in the adult’s vehicle upon arrival at
228 the adult’s destination. The large family child care home shall
229 also give parents information about resources with suggestions
230 to avoid this occurrence. The department shall develop a flyer
231 or brochure with this information that shall be posted to the
232 department’s website, which large family child care homes may
233 choose to reproduce and provide to parents to satisfy the
234 requirements of this subsection.
235 Section 4. Section 402.316, Florida Statutes, is amended to
236 read:
237 402.316 Exemptions.—
238 (1) The provisions of ss. 402.301-402.319, except for the
239 requirements regarding screening of child care personnel
240 pursuant to ss. 402.305 and 402.3055, do not apply to a child
241 care facility which is an integral part of church or parochial
242 schools, or a child care facility that solely provides child
243 care to eligible children as defined in s. 402.261(1)(c),
244 conducting regularly scheduled classes, courses of study, or
245 educational programs accredited by, or by a member of, an
246 organization that which publishes and requires compliance with
247 its standards for health, safety, and sanitation. However, Such
248 facilities must shall meet minimum requirements of the
249 applicable local governing body as to health, sanitation, and
250 safety and shall meet the screening requirements pursuant to ss.
251 402.305 and 402.3055. Failure by a facility to comply with such
252 screening requirements pursuant to ss. 402.305 and 402.3055
253 shall result in the loss of the facility’s exemption from
254 licensure.
255 (2) The provisions of ss. 402.301-402.319, except for the
256 requirements regarding screening of child care personnel
257 pursuant to ss. 402.305 and 402.3055, do not apply to a child
258 care facility that solely provides child care to eligible
259 children as defined in s. 402.261(1)(c). Such facilities must
260 meet minimum requirements of the applicable local governing body
261 as to health, sanitation, and safety. Failure by a facility to
262 comply with screening requirements pursuant to ss. 402.305 and
263 402.3055 shall result in the loss of the facility’s exemption
264 from licensure.
265 (3)(2) The provisions of ss. 402.301-402.319 do not apply
266 to a child care facility or family child day care home if the
267 child care facility or family child day care home has a
268 certificate issued by the United States Department of Defense or
269 by the United States Coast Guard to provide child care and has
270 completed background screening by the United States Department
271 of Defense pursuant to 34 U.S.C. s. 20351 and 32 C.F.R. part 86
272 and received a favorable suitability and fitness determination.
273 If the child care facility or family child day care home elects
274 to serve children ineligible for care under the United States
275 Department of Defense Instruction 6060.02, the child care
276 facility or family child day care home must be licensed under
277 this chapter.
278 (4)(3) Any child care facility covered by the exemption
279 under subsection (1) or subsection (2) which desires to be
280 licensed may submit an application to the department or local
281 licensing agency pursuant to s. 402.308(4).
282 (5)(4) The department and the local licensing agency
283 pursuant to s. 402.308(4) shall adopt rules to administer and
284 implement this section, including, but not limited to, any
285 assessments of previous licensure history.
286 (6) A child care facility exempt under subsection (1) or
287 subsection (2) must include, at a minimum, the following
288 statement on its website, in its promotional materials, and on
289 its facility-created documents and forms provided to families
290 served by the child care facility: “(Child care facility name)
291 is a child care facility operating under an exemption pursuant
292 to the laws of the State of Florida and is not subject to
293 licensure or regulation by the Department of Children and
294 Families.”
295 Section 5. Section 627.70161, Florida Statutes, is amended
296 to read:
297 627.70161 Family child day care and large family child care
298 insurance.—
299 (1) PURPOSE AND INTENT.—The Legislature recognizes that
300 family child day care and large family child care homes fulfill
301 a vital role in providing child care in Florida. It is the
302 intent of the Legislature that residential property insurance
303 coverage should not be canceled, denied, or nonrenewed solely on
304 the basis of the child family day care services at the
305 residence. The Legislature also recognizes that the potential
306 liability of residential property insurers is substantially
307 increased by the rendition of child care services on the
308 premises. The Legislature therefore finds that there is a public
309 need to specify that contractual liabilities that arise in
310 connection with the operation of the family child day care home
311 or the large family child care home are excluded from
312 residential property insurance policies unless they are
313 specifically included in such coverage.
314 (2) DEFINITIONS.—As used in this section, the term:
315 (a) “Child care” means the care, protection, and
316 supervision of a child, for a period of less than 24 hours a day
317 on a regular basis, which supplements parental care, enrichment,
318 and health supervision for the child, in accordance with his or
319 her individual needs, and for which a payment, fee, or grant is
320 made for care.
321 (b) “Family child day care home” means an occupied
322 residence in which child care is regularly provided for children
323 from at least two unrelated families and which receives a
324 payment, fee, or grant for any of the children receiving care,
325 whether or not operated for a profit.
326 (c) “Large family child care home” means an occupied
327 residence in which child care is regularly provided for children
328 from at least two unrelated families; which receives a payment,
329 fee, or grant for any of the children receiving care, whether or
330 not operated for profit; and which has at least two full-time
331 child care personnel on the premises during the hours of
332 operation. One of the two full-time child care personnel must be
333 the owner or occupant of the residence. A large family child
334 care home must first have operated as a licensed family child
335 care home for at least 2 years, with an operator who has held a
336 child development associate credential or its equivalent for at
337 least 1 year, before seeking licensure as a large family child
338 care home. Household children under 13 years of age, when on the
339 premises of the large family child care home or on a field trip
340 with children enrolled in child care, must be included in the
341 overall capacity of the licensed home. A large family child care
342 home may provide care for one of the following groups of
343 children, which must include household children under 13 years
344 of age:
345 1. A maximum of 8 children from birth to 24 months of age.
346 2. A maximum of 12 children, with no more than 4 children
347 under 24 months of age.
348 (3) FAMILY CHILD DAY CARE AND LARGE FAMILY CHILD CARE
349 HOMES; COVERAGE.—A residential property insurance policy may
350 shall not provide coverage for liability for claims arising out
351 of, or in connection with, the operation of a family child day
352 care home or a large family child care home, and the insurer
353 shall be under no obligation to defend against lawsuits covering
354 such claims, unless:
355 (a) Specifically covered in a policy; or
356 (b) Covered by a rider or endorsement for business coverage
357 attached to a policy.
358 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
359 insurer may not deny, cancel, or refuse to renew a policy for
360 residential property insurance solely on the basis that the
361 policyholder or applicant operates a family child day care home
362 or a large family child care home. In addition to other lawful
363 reasons for refusing to insure, an insurer may deny, cancel, or
364 refuse to renew a policy of a family child day care home or a
365 large family child care home provider if one or more of the
366 following conditions occur:
367 (a) The policyholder or applicant provides care for more
368 children than authorized for family day care homes by s.
369 402.302;
370 (b) The policyholder or applicant fails to maintain a
371 separate commercial liability policy or an endorsement providing
372 liability coverage for the family child day care home or the
373 large family child care home operations;
374 (c) The policyholder or applicant fails to comply with the
375 applicable family day care home licensure and registration
376 requirements specified in chapter 402 s. 402.313; or
377 (d) Discovery of willful or grossly negligent acts or
378 omissions or any violations of state laws or regulations
379 establishing safety standards for family child day care homes or
380 large family child care homes by the named insured or his or her
381 representative which materially increase any of the risks
382 insured.
383 Section 6. Section 1001.24, Florida Statutes, is reenacted
384 and amended to read:
385 1001.24 Direct-support organization; use of property; board
386 of directors; audit.—
387 (1) DEFINITIONS.—For the purposes of this section, the
388 term:
389 (a) “Department of Education direct-support organization”
390 means an organization:
391 1. That is a corporation not for profit that is
392 incorporated under the provisions of chapter 617 and approved by
393 the Department of State.
394 2. That is organized and operated exclusively to receive,
395 hold, invest, and administer property and to make expenditures
396 to or for the benefit of the state’s early learning programs for
397 children from birth to 5 years of age and public prekindergarten
398 through 12th grade education in this state.
399 3. That the State Board of Education, after review, has
400 certified to be operating in a manner consistent with the goals
401 and best interest of the Department of Education.
402 (b) “Personal services” includes full-time or part-time
403 personnel, as well as payroll processing.
404 (2) USE OF PROPERTY.—The State Board of Education:
405 (a) May permit the use of property, facilities, and
406 personal services of the department by the direct-support
407 organization, subject to the provisions of this section.
408 (b) Shall prescribe by rule conditions with which the
409 direct-support organization must comply in order to use
410 property, facilities, or personal services of the department.
411 Such rules shall provide for budget and audit review and for
412 oversight by the department.
413 (c) Shall not permit the use of property, facilities, or
414 personal services of the direct-support organization if such
415 organization does not provide equal employment opportunities to
416 all persons, regardless of race, color, national origin, gender,
417 age, or religion.
418 (3) BOARD OF DIRECTORS.—The board of directors of the
419 department direct-support organization shall be appointed by the
420 commissioner and shall include representation from business,
421 industry, and other components of Florida’s economy.
422 (4) ANNUAL AUDIT.—Each direct-support organization shall
423 provide for an annual financial audit in accordance with s.
424 215.981. The identity of donors who desire to remain anonymous
425 shall be protected, and that anonymity shall be maintained in
426 the auditor’s report. All records of the organization other than
427 the auditor’s report, management letter, and any supplemental
428 data requested by the Auditor General and the Office of Program
429 Policy Analysis and Government Accountability shall be
430 confidential and exempt from the provisions of s. 119.07(1).
431 Section 7. Section 1002.80, Florida Statutes, is created to
432 read:
433 1002.80 Florida Endowment for Early Learning.—
434 (1) SHORT TITLE.—This section may be cited as the “Florida
435 Endowment for Early Learning Act.”
436 (2) DEFINITIONS.—As used in this section, the term:
437 (a) “Board” means the board of directors of the Department
438 of Education direct-support organization under s. 1001.24.
439 (b) “Endowment fund” means an account established within
440 the Department of Education direct-support organization for the
441 Division of Early Learning within the department to provide a
442 continuing and growing source of revenue for the state’s early
443 learning efforts.
444 (c) “Foundation” means the Department of Education direct
445 support organization under s. 1001.24.
446 (d) “Operating account” means an account established under
447 paragraph (4)(c) to carry out the purposes provided in
448 subsection (6).
449 (3) LEGISLATIVE INTENT.—The Legislature recognizes that
450 access to high-quality early learning experiences prepares
451 children for a lifetime of success by fostering foundational
452 skills in academics, developing executive functioning skills,
453 and supporting cognitive function. This includes better
454 preparation for kindergarten, stronger cognitive and problem
455 solving abilities, and improved approaches to learning, which
456 all contribute to greater long-term educational attainment and
457 career success. However, there is a critical need for
458 significant additional funding to achieve this goal.
459 Accordingly, the Legislature further finds and declares that:
460 (a) With continued support, this state’s youngest residents
461 can have access to high-quality early learning opportunities
462 that reduce the need for significant long-term educational
463 interventions and provide the foundational experiences needed
464 for a child to have success in school and in life.
465 (b) The purpose of this section is to broaden the
466 participation and funding potential for further significant
467 support for access to early-learning opportunities for this
468 state’s youngest learners.
469 (c) It is appropriate to encourage individual and corporate
470 support and involvement, as well as state support and
471 involvement, to promote access to early learning programs for
472 this state’s youngest residents.
473 (4) REVENUE FOR THE ENDOWMENT FUND.—
474 (a) The Florida Endowment for Early Learning is established
475 within the Department of Education direct-support organization
476 under s. 1001.24 to create a long-term, stable, and growing
477 source of revenue to be administered, in accordance with rules
478 adopted by the department.
479 (b) The principal of the endowment fund shall derive from
480 any legislative appropriations that may be made to the
481 endowment, and such bequests, gifts, grants, and donations as
482 may be solicited for such purpose by the foundation from public
483 or private sources.
484 (c) The board of directors of the foundation shall
485 establish the operating account and shall deposit therein the
486 moneys transmitted. Moneys in the operating account shall be
487 available to carry out the purposes of subsection (6).
488 (d) Funds received from state sources shall be accounted
489 for separately from bequests, gifts, grants, and donations,
490 which may be solicited for such purposes by the foundation from
491 public or private sources. Earnings on funds received from state
492 sources and funds received from public or private sources shall
493 be accounted for separately.
494 (5) ORGANIZATION, POWERS, AND DUTIES.—Within the limits
495 prescribed in this section or by rule of the department:
496 (a) The board may solicit and receive bequests, gifts,
497 grants, donations, goods, and services. Where gifts are
498 restricted as to purpose, they may be used only for the purpose
499 or purposes stated by the donor. The board may transmit monetary
500 gifts to the State Board of Administration for deposit in the
501 endowment fund principal.
502 (b) The board may enter into contracts with the Federal
503 Government, state or local agencies, early learning coalitions,
504 private entities, or individuals to carry out the purposes of
505 this section.
506 (c) The board may identify, initiate, and fund new and
507 creative programs to carry out the purposes of this section,
508 utilizing existing organizations, early learning coalitions,
509 associations, and agencies to carry out such early learning
510 programs and purposes wherever possible.
511 (d) The board may make gifts or grants to all of the
512 following:
513 1. The state or any political subdivision thereof, or any
514 public agency of state or local government.
515 2. An early learning coalition for administration of direct
516 services to children identified by the board.
517 3. The division for purposes of program recognition and
518 marketing, public relations, and education.
519 (e) The board may advertise and solicit applications for
520 funding and shall evaluate applications and program proposals
521 submitted thereto. Funding shall be awarded only where the
522 evaluation is positive and the proposal meets both the
523 guidelines for use established in subsection (6) and such
524 evaluation criteria as the department may prescribe by rule.
525 (f) The board shall monitor, review, and annually evaluate
526 funded programs to determine whether funding should be
527 continued, terminated, reduced, or increased.
528 (g) The board shall establish an operating account as
529 provided in paragraph (4)(c).
530 (h) The board may take additional actions, including the
531 hiring of necessary staff, as are deemed necessary and
532 appropriate to administer this section, subject to rules of the
533 department.
534 (6) DISTRIBUTION OF MONEYS.—The board shall use the moneys
535 in the operating account to provide for:
536 (a) Direct services to children in accordance with an
537 allocation methodology proposed by the Division of Early
538 Learning to an early learning coalition approved by the board.
539 1. A child receiving direct services from an early learning
540 coalition shall choose from providers under a contract with an
541 early learning coalition pursuant to s. 1002.88.
542 2. Unless otherwise specified by the donor, the early
543 learning coalition shall apply a parent copay based on family
544 income pursuant to s. 1002.84(9) or s. 1002.935(2)(b).
545 3. The early learning coalition shall reimburse a provider
546 serving a child using direct service funds from the early
547 learning endowment at the same reimbursement rate allowed
548 pursuant to s. 1002.84(17)(a).
549 4. Each early learning coalition providing direct services
550 must comply with the same administrative requirements under part
551 VI of chapter 1002.
552 (b) Programs designed to support early learning as
553 identified by donors, gifts, or grants.
554
555 Any allocation of funds made for programs pursuant to paragraph
556 (b) or for advertising or consulting is subject to a competitive
557 solicitation process. State funds may not be used to fund events
558 for private sector donors or potential donors or to honor
559 supporters.
560 (7) ANNUAL REPORT.—The Division of Early Learning shall
561 include information in its report of activities pursuant to s.
562 1002.82(7) summarizing the performance of the endowment fund for
563 the previous fiscal year, summarizing the foundation’s
564 fundraising activities and performance, and detailing the
565 activities and programs supported by the endowment principal or
566 earnings on the endowment principal and the activities and
567 programs supported by private sources, bequests, gifts, grants,
568 donations, and other valued goods and services received. The
569 report must also include all of the following:
570 (a) Financial data, by service type, including expenditures
571 for administration and the provision of services by each early
572 learning coalition.
573 (b) The amount of funds spent on administrative expenses
574 and fundraising and the amount of funds raised from private
575 sources.
576 (c) Outcome data, including the number of children served
577 and any child outcomes.
578 (8) RULES.—The department shall adopt rules to implement
579 this section.
580 Section 8. Present subsection (2) of section 1002.95,
581 Florida Statutes, is redesignated as subsection (3), and a new
582 subsection (2) is added to that section, to read:
583 1002.95 Teacher Education and Compensation Helps (TEACH)
584 Scholarship Program.—
585 (2) Subject to an appropriation, the TEACH Scholarship
586 Program administrator shall also establish and administer the
587 Center for Early Childhood Professional Recognition to ensure
588 alignment of training statewide, including, but not limited to,
589 a system of training approval, a system of trainer approval, and
590 implementation of competency-based assessments aligned to the
591 early learning professional development standards and career
592 pathways under s. 1002.995.
593 Section 9. Paragraph (a) of subsection (2) of section
594 39.202, Florida Statutes, is amended to read:
595 39.202 Confidentiality of reports and records in cases of
596 child abuse or neglect; exception.—
597 (2) Except as provided in subsection (4), access to such
598 records, excluding the name of, or other identifying information
599 with respect to, the reporter which may only be released as
600 provided in subsection (5), may only be granted to the following
601 persons, officials, and agencies:
602 (a) Employees, authorized agents, or contract providers of
603 the department, the Department of Health, the Agency for Persons
604 with Disabilities, the Agency for Health Care Administration,
605 the Department of Education, or county agencies responsible for
606 carrying out:
607 1. Child or adult protective investigations;
608 2. Ongoing child or adult protective services;
609 3. Early intervention and prevention services;
610 4. Healthy Start services;
611 5. Licensure or approval of adoptive homes, foster homes,
612 child care facilities, facilities licensed under chapters 393
613 and 394, family child day care homes, providers who receive
614 school readiness funding under part VI of chapter 1002, or other
615 homes used to provide for the care and welfare of children;
616 6. Employment screening for caregivers in residential group
617 homes and facilities licensed under chapters 393, 394, and 409;
618 or
619 7. Services for victims of domestic violence when provided
620 by certified domestic violence centers working at the
621 department’s request as case consultants or with shared clients.
622
623 Also, employees or agents of the Department of Juvenile Justice
624 responsible for the provision of services to children, pursuant
625 to chapters 984 and 985.
626 Section 10. Section 125.0109, Florida Statutes, is amended
627 to read:
628 125.0109 Family child day care homes; local zoning
629 regulation.—The operation of a residence as a family child day
630 care home, as defined by law, registered or licensed with the
631 Department of Children and Families shall constitute a valid
632 residential use for purposes of any local zoning regulations,
633 and no such regulation shall require the owner or operator of
634 such family child day care home to obtain any special exemption
635 or use permit or waiver, or to pay any special fee in excess of
636 $50, to operate in an area zoned for residential use.
637 Section 11. Section 166.0445, Florida Statutes, is amended
638 to read:
639 166.0445 Family child day care homes; local zoning
640 regulation.—The operation of a residence as a family child day
641 care home, as defined by law, registered or licensed with the
642 Department of Children and Families shall constitute a valid
643 residential use for purposes of any local zoning regulations,
644 and no such regulation shall require the owner or operator of
645 such family child day care home to obtain any special exemption
646 or use permit or waiver, or to pay any special fee in excess of
647 $50, to operate in an area zoned for residential use.
648 Section 12. Paragraph (j) of subsection (7) of section
649 212.08, Florida Statutes, is amended to read:
650 212.08 Sales, rental, use, consumption, distribution, and
651 storage tax; specified exemptions.—The sale at retail, the
652 rental, the use, the consumption, the distribution, and the
653 storage to be used or consumed in this state of the following
654 are hereby specifically exempt from the tax imposed by this
655 chapter.
656 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
657 entity by this chapter do not inure to any transaction that is
658 otherwise taxable under this chapter when payment is made by a
659 representative or employee of the entity by any means,
660 including, but not limited to, cash, check, or credit card, even
661 when that representative or employee is subsequently reimbursed
662 by the entity. In addition, exemptions provided to any entity by
663 this subsection do not inure to any transaction that is
664 otherwise taxable under this chapter unless the entity has
665 obtained a sales tax exemption certificate from the department
666 or the entity obtains or provides other documentation as
667 required by the department. Eligible purchases or leases made
668 with such a certificate must be in strict compliance with this
669 subsection and departmental rules, and any person who makes an
670 exempt purchase with a certificate that is not in strict
671 compliance with this subsection and the rules is liable for and
672 shall pay the tax. The department may adopt rules to administer
673 this subsection.
674 (j) Household fuels.—Also exempt from payment of the tax
675 imposed by this chapter are sales of utilities to residential
676 households or owners of residential models in this state by
677 utility companies who pay the gross receipts tax imposed under
678 s. 203.01, and sales of fuel to residential households or owners
679 of residential models, including oil, kerosene, liquefied
680 petroleum gas, coal, wood, and other fuel products used in the
681 household or residential model for the purposes of heating,
682 cooking, lighting, and refrigeration, regardless of whether such
683 sales of utilities and fuels are separately metered and billed
684 direct to the residents or are metered and billed to the
685 landlord. If any part of the utility or fuel is used for a
686 nonexempt purpose, the entire sale is taxable. The landlord
687 shall provide a separate meter for nonexempt utility or fuel
688 consumption. For the purposes of this paragraph, licensed family
689 child day care homes shall also be exempt.
690 Section 13. Subsections (3), (8), (9), and (11) of section
691 402.302, Florida Statutes, are amended to read:
692 402.302 Definitions.—As used in this chapter, the term:
693 (3) “Child care personnel” means all owners, operators,
694 employees, and volunteers working in a child care facility. The
695 term does not include persons who work in a child care facility
696 after hours when children are not present or parents of children
697 in a child care facility. For purposes of screening, the term
698 includes any member, over the age of 12 years, of a child care
699 facility operator’s family, or person, over the age of 12 years,
700 residing with a child care facility operator if the child care
701 facility is located in or adjacent to the home of the operator
702 or if the family member of, or person residing with, the child
703 care facility operator has any direct contact with the children
704 in the facility during its hours of operation. Members of the
705 operator’s family or persons residing with the operator who are
706 between the ages of 12 years and 18 years are not required to be
707 fingerprinted but must be screened for delinquency records. For
708 purposes of screening, the term also includes persons who work
709 in child care programs that provide care for children 15 hours
710 or more each week in public or nonpublic schools, family child
711 day care homes, membership organizations under s. 402.301, or
712 programs otherwise exempted under s. 402.316. The term does not
713 include public or nonpublic school personnel who are providing
714 care during regular school hours, or after hours for activities
715 related to a school’s program for grades kindergarten through
716 12. A volunteer who assists on an intermittent basis for less
717 than 10 hours per month is not included in the term “personnel”
718 for the purposes of screening and training if a person who meets
719 the screening requirement of s. 402.305(2) is always present and
720 has the volunteer in his or her line of sight. Students who
721 observe and participate in a child care facility as a part of
722 their required coursework are not considered child care
723 personnel, provided such observation and participation are on an
724 intermittent basis and a person who meets the screening
725 requirement of s. 402.305(2) is always present and has the
726 student in his or her line of sight.
727 (8) “Family child day care home” means an occupied
728 residence in which child care is regularly provided for children
729 from at least two unrelated families and which receives a
730 payment, fee, or grant for any of the children receiving care,
731 whether or not operated for profit. Household children under 13
732 years of age, when on the premises of the family child day care
733 home or on a field trip with children enrolled in child care,
734 shall be included in the overall capacity of the licensed home.
735 A family child day care home shall be allowed to provide care
736 for one of the following groups of children, which shall include
737 household children under 13 years of age:
738 (a) A maximum of four children from birth to 12 months of
739 age.
740 (b) A maximum of three children from birth to 12 months of
741 age, and other children, for a maximum total of six children.
742 (c) A maximum of six preschool children if all are older
743 than 12 months of age.
744 (d) A maximum of 10 children if no more than 5 are
745 preschool age and, of those 5, no more than 2 are under 12
746 months of age.
747 (9) “Household children” means children who are related by
748 blood, marriage, or legal adoption to, or who are the legal
749 wards of, the family child day care home operator, the large
750 family child care home operator, or an adult household member
751 who permanently or temporarily resides in the home. Supervision
752 of the operator’s household children shall be left to the
753 discretion of the operator unless those children receive
754 subsidized child care through the school readiness program
755 pursuant to s. 1002.92 to be in the home.
756 (11) “Large family child care home” means an occupied
757 residence in which child care is regularly provided for children
758 from at least two unrelated families, which receives a payment,
759 fee, or grant for any of the children receiving care, whether or
760 not operated for profit, and which has at least two full-time
761 child care personnel on the premises during the hours of
762 operation. One of the two full-time child care personnel must be
763 the owner or occupant of the residence. A large family child
764 care home must first have operated as a licensed family child
765 day care home for 2 years, with an operator who has had a child
766 development associate credential or its equivalent for 1 year,
767 before seeking licensure as a large family child care home.
768 Household children under 13 years of age, when on the premises
769 of the large family child care home or on a field trip with
770 children enrolled in child care, shall be included in the
771 overall capacity of the licensed home. A large family child care
772 home shall be allowed to provide care for one of the following
773 groups of children, which shall include household children under
774 13 years of age:
775 (a) A maximum of 8 children from birth to 24 months of age.
776 (b) A maximum of 12 children, with no more than 4 children
777 under 24 months of age.
778 Section 14. Paragraph (a) of subsection (17) of section
779 402.305, Florida Statutes, are amended to read:
780 402.305 Licensing standards; child care facilities.—
781 (17) TRANSFER OF OWNERSHIP.—
782 (a) One week prior to the transfer of ownership of a child
783 care facility or family child day care home, the transferor
784 shall notify the parent or caretaker of each child of the
785 impending transfer.
786 Section 15. Subsections (1), (2), and (3) of section
787 402.309, Florida Statutes, are amended to read:
788 402.309 Provisional license or registration.—
789 (1) The local licensing agency or the department, whichever
790 is authorized to license child care facilities in a county, may
791 issue a provisional license for child care facilities, family
792 child day care homes, or large family child care homes, or a
793 provisional registration for family child day care homes to
794 applicants for an initial license or registration or to
795 licensees or registrants seeking a renewal who are unable to
796 meet all the standards provided for in ss. 402.301-402.319.
797 (2) A provisional license or registration may not be issued
798 unless the operator or owner makes adequate provisions for the
799 health and safety of the child. A provisional license may be
800 issued for a child care facility if all of the screening
801 materials have been timely submitted. A provisional license or
802 registration may not be issued unless the child care facility,
803 family child day care home, or large family child care home is
804 in compliance with the requirements for screening of child care
805 personnel in ss. 402.305, 402.3055, 402.313, and 402.3131,
806 respectively.
807 (3) Notwithstanding subsection (2), a local licensing
808 agency or the department, whichever is authorized to license
809 child care facilities in a county, must issue a provisional
810 license or registration if the operator or owner:
811 (a) Is applying for an initial license or registration for
812 a child care facility, a family child day care home, or a large
813 family child care home;
814 (b) Has made adequate provisions for the health and safety
815 of the child; and
816 (c) Provides evidence that he or she has completed, within
817 the previous 6 months, training pursuant to United States
818 Department of Defense Instruction 6060.02 and background
819 screening by the United States Department of Defense pursuant to
820 34 U.S.C. s. 20351 and 32 C.F.R. part 86 and received a
821 favorable suitability and fitness determination.
822 Section 16. Paragraph (d) of subsection (1) and subsection
823 (4) of section 402.310, Florida Statutes, are amended to read:
824 402.310 Disciplinary actions; hearings upon denial,
825 suspension, or revocation of license or registration;
826 administrative fines.—
827 (1)
828 (d) The disciplinary sanctions set forth in this section
829 apply to licensed child care facilities, licensed large family
830 child care homes, and licensed or registered family child day
831 care homes.
832 (4) An applicant, registrant, or licensee shall have the
833 right to appeal a decision of the local licensing agency to a
834 representative of the department. Any required hearing shall be
835 held in the county in which the child care facility, family
836 child day care home, or large family child care home is being
837 operated or is to be established. The hearing shall be conducted
838 in accordance with the provisions of chapter 120.
839 Section 17. Subsection (1) and paragraph (a) of subsection
840 (2) of section 402.3115, Florida Statutes, are amended to read:
841 402.3115 Elimination of duplicative and unnecessary
842 inspections; abbreviated inspections.—
843 (1) The Department of Children and Families and local
844 governmental agencies that license child care facilities shall
845 develop and implement a plan to eliminate duplicative and
846 unnecessary inspections of child care facilities, family child
847 day care homes, and large family child care homes.
848 (2)(a) The department and the local governmental agencies
849 shall develop and implement an abbreviated inspection plan for
850 child care facilities, family child day care homes, and large
851 family child care homes that meet all of the following
852 conditions:
853 1. Have been licensed for at least 2 consecutive years.
854 2. Have not had a Class 1 deficiency, as defined by rule,
855 for at least 2 consecutive years.
856 3. Have not had more than three of the same Class 2
857 deficiencies, as defined by rule, for at least 2 consecutive
858 years.
859 4. Have received at least two full onsite renewal
860 inspections in the most recent 2 years.
861 5. Do not have any current uncorrected violations.
862 6. Do not have any open regulatory complaints or active
863 child protective services investigations.
864 Section 18. Section 402.312, Florida Statutes, is amended
865 to read:
866 402.312 License required; injunctive relief.—
867 (1) The operation of a child care facility without a
868 license, a family child day care home without a license or
869 registration, or a large family child care home without a
870 license is prohibited. If the department or the local licensing
871 agency discovers that a child care facility is being operated
872 without a license, a family child day care home is being
873 operated without a license or registration, or a large family
874 child care home is being operated without a license, the
875 department or local licensing agency is authorized to seek an
876 injunction in the circuit court where the facility is located to
877 enjoin continued operation of such facility, family child day
878 care home, or large family child care home. When the court is
879 closed for the transaction of judicial business, the department
880 or local licensing agency is authorized to seek an emergency
881 injunction to enjoin continued operation of such unlicensed
882 facility, unregistered or unlicensed family child day care home,
883 or unlicensed large family child care home, which injunction
884 shall be continued, modified, or revoked on the next day of
885 judicial business.
886 (2) Other grounds for seeking an injunction to close a
887 child care facility, family child day care home, or a large
888 family child care home are that:
889 (a) There is any violation of the standards applied under
890 ss. 402.301-402.319 which threatens harm to any child in the
891 child care facility, a family child day care home, or large
892 family child care home.
893 (b) A licensee or registrant has repeatedly violated the
894 standards provided for under ss. 402.301-402.319.
895 (c) A child care facility, family child day care home, or
896 large family child care home continues to have children in
897 attendance after the closing date established by the department
898 or the local licensing agency.
899 (3) The department or local licensing agency may impose an
900 administrative fine on any child care facility, family child day
901 care home, or large family child care home operating without a
902 license or registration, consistent with the provisions of s.
903 402.310.
904 Section 19. Subsection (3) of section 402.315, Florida
905 Statutes, is amended to read:
906 402.315 Funding; license fees.—
907 (3) The department shall collect a fee for any license it
908 issues for a child care facility, family child day care home, or
909 large family child care home pursuant to ss. 402.305, 402.313,
910 and 402.3131.
911 (a) For a child care facility licensed pursuant to s.
912 402.305, such fee shall be $1 per child, based on the licensed
913 capacity of the facility, except that the minimum fee shall be
914 $25 per facility and the maximum fee shall be $100 per facility.
915 (b) For a family child day care home registered pursuant to
916 s. 402.313, such fee shall be $25.
917 (c) For a family child day care home licensed pursuant to
918 s. 402.313, such fee shall be $50.
919 (d) For a large family child care home licensed pursuant to
920 s. 402.3131, such fee shall be $60.
921 Section 20. Subsection (2) of section 402.316, Florida
922 Statutes, is amended to read:
923 402.316 Exemptions.—
924 (2) The provisions of ss. 402.301-402.319 do not apply to a
925 child care facility or family child day care home if the child
926 care facility or family child day care home has a certificate
927 issued by the United States Department of Defense or by the
928 United States Coast Guard to provide child care and has
929 completed background screening by the United States Department
930 of Defense pursuant to 34 U.S.C. s. 20351 and 32 C.F.R. part 86
931 and received a favorable suitability and fitness determination.
932 If the child care facility or family child day care home elects
933 to serve children ineligible for care under the United States
934 Department of Defense Instruction 6060.02, the child care
935 facility or family child day care home must be licensed under
936 this chapter.
937 Section 21. Section 402.318, Florida Statutes, is amended
938 to read:
939 402.318 Advertisement.—A person, as defined in s. 1.01(3),
940 may not advertise a child care facility, family child day care
941 home, or large family child care home without including within
942 such advertisement the state or local agency license number or
943 registration number of such facility or home. Violation of this
944 section is a misdemeanor of the first degree, punishable as
945 provided in s. 775.082 or s. 775.083.
946 Section 22. Section 402.319, Florida Statutes, is amended
947 to read:
948 402.319 Penalties.—
949 (1) It is a misdemeanor of the first degree, punishable as
950 provided in s. 775.082 or s. 775.083, for any person knowingly
951 to:
952 (a) Fail, by false statement, misrepresentation,
953 impersonation, or other fraudulent means, to disclose in any
954 application for voluntary or paid employment or licensure
955 regulated under ss. 402.301-402.318 all information required
956 under those sections or a material fact used in making a
957 determination as to such person’s qualifications to be child
958 care personnel, as defined in s. 402.302, in a child care
959 facility, family child day care home, or other child care
960 program.
961 (b) Operate or attempt to operate a child care facility
962 without having procured a license as required by this act.
963 (c) Operate or attempt to operate a family child day care
964 home without a license or without registering with the
965 department, whichever is applicable.
966 (d) Operate or attempt to operate a child care facility or
967 family child day care home under a license that is suspended,
968 revoked, or terminated.
969 (e) Misrepresent, by act or omission, a child care facility
970 or family child day care home to be duly licensed pursuant to
971 this act without being so licensed.
972 (f) Make any other misrepresentation, by act or omission,
973 regarding the licensure or operation of a child care facility or
974 family child day care home to a parent or guardian who has a
975 child placed in the facility or is inquiring as to placing a
976 child in the facility, or to a representative of the licensing
977 authority, or to a representative of a law enforcement agency,
978 including, but not limited to, any misrepresentation as to:
979 1. The number of children at the child care facility or the
980 family child day care home;
981 2. The part of the child care facility or family child day
982 care home designated for child care;
983 3. The qualifications or credentials of child care
984 personnel;
985 4. Whether a family child day care home or child care
986 facility complies with the screening requirements of s. 402.305;
987 or
988 5. Whether child care personnel have the training as
989 required by s. 402.305.
990 (2) If any child care personnel makes any misrepresentation
991 in violation of this section to a parent or guardian who has
992 placed a child in the child care facility or family child day
993 care home, and the parent or guardian relied upon the
994 misrepresentation, and the child suffers great bodily harm,
995 permanent disfigurement, permanent disability, or death as a
996 result of an intentional act or negligence by the child care
997 personnel, then the child care personnel commits a felony of the
998 second degree, punishable as provided in s. 775.082, s. 775.083,
999 or s. 775.084.
1000 (3) Each child care facility, family child day care home,
1001 and large family child care home shall annually submit an
1002 affidavit of compliance with s. 39.201.
1003 Section 23. Paragraph (c) of subsection (2) of section
1004 409.988, Florida Statutes, is amended to read:
1005 409.988 Community-based care lead agency duties; general
1006 provisions.—
1007 (2) LICENSURE.—
1008 (c) Substitute care providers who are licensed under s.
1009 409.175 and who have contracted with a lead agency are also
1010 authorized to provide registered or licensed family child day
1011 care under s. 402.313 if such care is consistent with federal
1012 law and if the home has met the requirements of s. 402.313.
1013 Section 24. Paragraph (b) of subsection (8) of section
1014 411.203, Florida Statutes, is amended to read:
1015 411.203 Continuum of comprehensive services.—The Department
1016 of Education and the Department of Health shall utilize the
1017 continuum of prevention and early assistance services for high
1018 risk pregnant women and for high-risk and handicapped children
1019 and their families, as outlined in this section, as a basis for
1020 the intraagency and interagency program coordination,
1021 monitoring, and analysis required in this chapter. The continuum
1022 shall be the guide for the comprehensive statewide approach for
1023 services for high-risk pregnant women and for high-risk and
1024 handicapped children and their families, and may be expanded or
1025 reduced as necessary for the enhancement of those services.
1026 Expansion or reduction of the continuum shall be determined by
1027 intraagency or interagency findings and agreement, whichever is
1028 applicable. Implementation of the continuum shall be based upon
1029 applicable eligibility criteria, availability of resources, and
1030 interagency prioritization when programs impact both agencies,
1031 or upon single agency prioritization when programs impact only
1032 one agency. The continuum shall include, but not be limited to:
1033 (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1034 OF HIGH-RISK CHILDREN.—
1035 (b) Child care and early childhood programs, including, but
1036 not limited to, licensed child care facilities, family child day
1037 care homes, therapeutic child care, Head Start, and preschool
1038 programs in public and private schools.
1039 Section 25. Paragraph (a) of subsection (3) of section
1040 1002.55, Florida Statutes, is amended to read:
1041 1002.55 School-year prekindergarten program delivered by
1042 private prekindergarten providers.—
1043 (3) To be eligible to deliver the prekindergarten program,
1044 a private prekindergarten provider must meet each of the
1045 following requirements:
1046 (a) The private prekindergarten provider must be a child
1047 care facility licensed under s. 402.305, family child day care
1048 home licensed under s. 402.313, large family child care home
1049 licensed under s. 402.3131, nonpublic school exempt from
1050 licensure under s. 402.3025(2), faith-based child care provider
1051 exempt from licensure under s. 402.316, child development
1052 program that is accredited by a national accrediting body and
1053 operates on a military installation that is certified by the
1054 United States Department of Defense, or private prekindergarten
1055 provider that has been issued a provisional license under s.
1056 402.309. A private prekindergarten provider may not deliver the
1057 program while holding a probation-status license under s.
1058 402.310.
1059 Section 26. Paragraph (u) of subsection (2) of section
1060 1002.82, Florida Statutes, is amended to read:
1061 1002.82 Department of Education; powers and duties.—
1062 (2) The department shall:
1063 (u) Administer a statewide toll-free Warm-Line to provide
1064 assistance and consultation to child care facilities and family
1065 child day care homes regarding health, developmental,
1066 disability, and special needs issues of the children they are
1067 serving, particularly children with disabilities and other
1068 special needs. The department shall:
1069 1. Annually inform child care facilities and family child
1070 day care homes of the availability of this service through the
1071 child care resource and referral network under s. 1002.92.
1072 2. Expand or contract for the expansion of the Warm-Line to
1073 maintain at least one Warm-Line in each early learning coalition
1074 service area.
1075 Section 27. Paragraph (j) of subsection (4) of section
1076 1002.83, Florida Statutes, is amended to read:
1077 1002.83 Early learning coalitions.—
1078 (4) Each early learning coalition must include the
1079 following member positions; however, in a multicounty coalition,
1080 each ex officio member position may be filled by multiple
1081 nonvoting members but no more than one voting member shall be
1082 seated per member position. If an early learning coalition has
1083 more than one member representing the same entity, only one of
1084 such members may serve as a voting member:
1085 (j) A representative of private for-profit child care
1086 providers, including private for-profit family child day care
1087 homes.
1088 Section 28. Subsection (4) of section 1002.84, Florida
1089 Statutes, is amended to read:
1090 1002.84 Early learning coalitions; school readiness powers
1091 and duties.—Each early learning coalition shall:
1092 (4) Establish a regional Warm-Line as directed by the
1093 department pursuant to s. 1002.82(2)(u). Regional Warm-Line
1094 staff shall provide onsite technical assistance, when requested,
1095 to assist child care facilities and family child day care homes
1096 with inquiries relating to the strategies, curriculum, and
1097 environmental adaptations the child care facilities and family
1098 child day care homes may need as they serve children with
1099 disabilities and other special needs.
1100 Section 29. Paragraphs (a) and (c) of subsection (1) of
1101 section 1002.88, Florida Statutes, are amended to read:
1102 1002.88 School readiness program provider standards;
1103 eligibility to deliver the school readiness program.—
1104 (1) To be eligible to deliver the school readiness program,
1105 a school readiness program provider must:
1106 (a) Be a child care facility licensed under s. 402.305, a
1107 family child day care home licensed or registered under s.
1108 402.313, a large family child care home licensed under s.
1109 402.3131, a public school or nonpublic school exempt from
1110 licensure under s. 402.3025, a faith-based child care provider
1111 exempt from licensure under s. 402.316, a before-school or
1112 after-school program described in s. 402.305(1)(c), a child
1113 development program that is accredited by a national accrediting
1114 body and operates on a military installation that is certified
1115 by the United States Department of Defense, an informal child
1116 care provider to the extent authorized in the state’s Child Care
1117 and Development Fund Plan as approved by the United States
1118 Department of Health and Human Services pursuant to 45 C.F.R. s.
1119 98.18, or a provider who has been issued a provisional license
1120 pursuant to s. 402.309. A provider may not deliver the program
1121 while holding a probation-status license under s. 402.310.
1122 (c) Provide basic health and safety of its premises and
1123 facilities and compliance with requirements for age-appropriate
1124 immunizations of children enrolled in the school readiness
1125 program.
1126 1. For a provider that is licensed, compliance with s.
1127 402.305, s. 402.3131, or s. 402.313 and this subsection, as
1128 verified pursuant to s. 402.311, satisfies this requirement.
1129 2. For a provider that is a registered family child day
1130 care home or is not subject to licensure or registration by the
1131 Department of Children and Families, compliance with this
1132 subsection, as verified pursuant to s. 402.311, satisfies this
1133 requirement. Upon verification pursuant to s. 402.311, the
1134 provider shall annually post the health and safety checklist
1135 adopted by the department prominently on its premises in plain
1136 sight for visitors and parents and shall annually submit the
1137 checklist to its local early learning coalition.
1138 3. For a child development program that is accredited by a
1139 national accrediting body and operates on a military
1140 installation that is certified by the United States Department
1141 of Defense, the submission and verification of annual
1142 inspections pursuant to United States Department of Defense
1143 Instructions 6060.2 and 1402.05 satisfies this requirement.
1144 Section 30. Paragraph (c) of subsection (2) of section
1145 1002.895, Florida Statutes, is amended to read:
1146 1002.895 Market rate schedule.—The school readiness program
1147 market rate schedule shall be implemented as follows:
1148 (2) The market rate schedule must differentiate rates by
1149 provider type, including, but not limited to:
1150 (c) Family child day care homes licensed or registered
1151 under s. 402.313.
1152 Section 31. Paragraph (a) of subsection (3) and subsection
1153 (4) of section 1002.92, Florida Statutes, are amended to read:
1154 1002.92 Child care and early childhood resource and
1155 referral.—
1156 (3) Child care resource and referral agencies shall provide
1157 the following services:
1158 (a) Identification of existing public and private child
1159 care and early childhood education services, including child
1160 care services by public and private employers, and the
1161 development of an early learning provider performance profile of
1162 those services through the single statewide information system
1163 developed by the department under s. 1002.82(2)(q). These
1164 services may include family child day care, public and private
1165 child care programs, the Voluntary Prekindergarten Education
1166 Program, Head Start, the school readiness program, special
1167 education programs for prekindergarten children with
1168 disabilities, services for children with developmental
1169 disabilities, full-time and part-time programs, before-school
1170 and after-school programs, and vacation care programs. The early
1171 learning provider performance profile shall include, but not be
1172 limited to:
1173 1. Type of program.
1174 2. Hours of service.
1175 3. Ages of children served.
1176 4. Number of children served.
1177 5. Program information.
1178 6. Fees and eligibility for services.
1179 7. Availability of transportation.
1180 8. Participation in the Child Care Food Program, if
1181 applicable.
1182 9. A link to licensing inspection reports, if applicable.
1183 10. The components of the Voluntary Prekindergarten
1184 Education Program performance metric calculated under s. 1002.68
1185 which must consist of the program assessment composite score,
1186 learning gains score, achievement score, and its designations,
1187 if applicable.
1188 11. The school readiness program assessment composite score
1189 and program assessment care level composite score results
1190 delineated by infant classrooms, toddler classrooms, and
1191 preschool classrooms results under s. 1002.82, if applicable.
1192 12. Gold Seal Quality Care designation under s. 1002.945,
1193 if applicable.
1194 13. Indication of whether the provider implements a
1195 curriculum approved by the department and the name of the
1196 curriculum, if applicable.
1197 14. Participation in school readiness child assessment
1198 under s. 1002.82.
1199 (4) A child care facility licensed under s. 402.305 and
1200 licensed and registered family child day care homes must provide
1201 the statewide child care and resource and referral network with
1202 the following information annually:
1203 (a) Type of program.
1204 (b) Hours of service.
1205 (c) Ages of children served.
1206 (d) Fees and eligibility for services.
1207 Section 32. Subsection (2) of section 1002.93, Florida
1208 Statutes, is amended to read:
1209 1002.93 School readiness program transportation services.—
1210 (2) The transportation servicers may only provide
1211 transportation to each child participating in the school
1212 readiness program to the extent that such transportation is
1213 necessary to provide child care opportunities that otherwise
1214 would not be available to a child whose home is more than a
1215 reasonable walking distance from the nearest child care facility
1216 or family child day care home.
1217 Section 33. Paragraph (b) of subsection (1), paragraphs (a)
1218 and (c) of subsection (3), and subsection (4) of section
1219 1002.945, Florida Statutes, are amended to read:
1220 1002.945 Gold Seal Quality Care Program.—
1221 (1)
1222 (b) A child care facility, large family child care home, or
1223 family child day care home that is accredited by an accrediting
1224 association approved by the Department of Education under
1225 subsection (3) and meets all other requirements shall, upon
1226 application to the department, receive a separate “Gold Seal
1227 Quality Care” designation.
1228 (3)(a) In order to be approved by the Department of
1229 Education for participation in the Gold Seal Quality Care
1230 Program, an accrediting association must apply to the department
1231 and demonstrate that it:
1232 1. Is a recognized accrediting association.
1233 2. Has accrediting standards that substantially meet or
1234 exceed the Gold Seal Quality Care standards adopted by the state
1235 board under subsection (2).
1236 3. Is a registered corporation with the Department of
1237 State.
1238 4. Can provide evidence that the process for accreditation
1239 has, at a minimum, all of the following components:
1240 a. Clearly defined prerequisites that a child care provider
1241 must meet before beginning the accreditation process. However,
1242 accreditation may not be granted to a child care facility, large
1243 family child care home, or family child day care home before the
1244 site is operational and is attended by children.
1245 b. Procedures for completion of a self-study and
1246 comprehensive onsite verification process for each classroom
1247 that documents compliance with accrediting standards.
1248 c. A training process for accreditation verifiers to ensure
1249 inter-rater reliability.
1250 d. Ongoing compliance procedures that include requiring
1251 each accredited child care facility, large family child care
1252 home, and family child day care home to file an annual report
1253 with the accrediting association and risk-based, onsite auditing
1254 protocols for accredited child care facilities, large family
1255 child care homes, and family child day care homes.
1256 e. Procedures for the revocation of accreditation due to
1257 failure to maintain accrediting standards as evidenced by sub
1258 subparagraph d. or any other relevant information received by
1259 the accrediting association.
1260 f. Accreditation renewal procedures that include an onsite
1261 verification occurring at least every 5 years.
1262 g. A process for verifying continued accreditation
1263 compliance in the event of a transfer of ownership of
1264 facilities.
1265 h. A process to communicate issues that arise during the
1266 accreditation period with governmental entities that have a
1267 vested interest in the Gold Seal Quality Care Program, including
1268 the Department of Education, the Department of Children and
1269 Families, the Department of Health, local licensing entities if
1270 applicable, and the early learning coalition.
1271 (c) If an accrediting association has granted accreditation
1272 to a child care facility, large family child care home, or
1273 family child day care under fraudulent terms or failed to
1274 conduct onsite verifications, the accrediting association shall
1275 be liable for the repayment of any rate differentials paid under
1276 subsection (6).
1277 (4) In order to obtain and maintain a designation as a Gold
1278 Seal Quality Care provider, a child care facility, large family
1279 child care home, or family child day care home must meet the
1280 following additional criteria:
1281 (a) The child care provider must not have had any class I
1282 violations, as defined by rule of the Department of Children and
1283 Families, within the 2 years preceding its application for
1284 designation as a Gold Seal Quality Care provider. Commission of
1285 a class I violation shall be grounds for termination of the
1286 designation as a Gold Seal Quality Care provider until the
1287 provider has no class I violations for a period of 2 years.
1288 (b) The child care provider must not have had three or more
1289 of the same class II violations, as defined by rule of the
1290 Department of Children and Families, within the 2 years
1291 preceding its application for designation as a Gold Seal Quality
1292 Care provider. Commission of three or more of the same class II
1293 violations within a 2-year period shall be grounds for
1294 termination of the designation as a Gold Seal Quality Care
1295 provider until the provider has no class II violations that are
1296 the same for a period of 1 year.
1297 (c) The child care provider must not have been cited for
1298 the same class III violation, as defined by rule of the
1299 Department of Children and Families, three or more times and
1300 failed to correct the violation within 1 year after the date of
1301 each citation, within the 2 years preceding its application for
1302 designation as a Gold Seal Quality Care provider. Commission of
1303 the same class III violation three or more times and failure to
1304 correct within the required time during a 2-year period may be
1305 grounds for termination of the designation as a Gold Seal
1306 Quality Care provider until the provider has no class III
1307 violations for a period of 1 year.
1308 (d) Notwithstanding paragraph (a), if the Department of
1309 Education determines through a formal process that a provider
1310 has been in business for at least 5 years and has no other class
1311 I violations recorded, the department may recommend to the state
1312 board that the provider maintain its Gold Seal Quality Care
1313 status. The state board’s determination regarding such
1314 provider’s status is final.
1315 Section 34. This act shall take effect July 1, 2026.
1316
1317 ================= T I T L E A M E N D M E N T ================
1318 And the title is amended as follows:
1319 Delete everything before the enacting clause
1320 and insert:
1321 A bill to be entitled
1322 An act relating to child care and early learning
1323 services; amending s. 402.306, F.S.; revising the
1324 information on child care required to be disseminated
1325 electronically to the community; amending ss. 402.313
1326 and 402.3131, F.S.; deleting the requirement that
1327 family child care homes and large family child care
1328 homes, respectively, provide specified information to
1329 parents each year; conforming provisions to changes
1330 made by the act; amending s. 402.316, F.S.; requiring
1331 that certain child care facilities exempt from
1332 licensure requirements meet certain minimum
1333 requirements; providing that failure to meet such
1334 minimum requirements results in the loss of the
1335 exemption from licensure; requiring child care
1336 facilities exempt from licensure requirements to
1337 include a specified statement on its website and in
1338 its promotional materials and facility-created
1339 documents and forms provided to families served by the
1340 child care facility; amending s. 627.70161, F.S.;
1341 changing the term “family day care home” to “family
1342 child care home”; providing legislative findings and
1343 intent relating to large family child care homes;
1344 defining the term “large family child care home”;
1345 prohibiting residential property insurance policies
1346 from providing coverage for liability for claims
1347 arising out of, or in connection with, the operations
1348 of large family child care homes; providing that
1349 insurers are under no obligation to defend against
1350 lawsuits covering such claims; providing exceptions;
1351 prohibiting insurers from denying, cancelling, or
1352 refusing to renew a policy for residential property
1353 insurance on the basis that the policyholders or
1354 applicants operate large family child care homes;
1355 providing exceptions; reenacting and amending s.
1356 1001.24, F.S.; revising the definition of the term
1357 “Department of Education direct-support organization”;
1358 creating s. 1002.80, F.S.; providing a short title;
1359 defining terms; providing legislative intent;
1360 establishing the Florida Endowment for Early Learning
1361 Foundation within a Department of Education direct
1362 support organization for a specified purpose;
1363 requiring that the endowment fund principal derive
1364 from specified sources; requiring the board of
1365 directors to establish and deposit money into the
1366 operating account; requiring such money to be used for
1367 a specified purpose; requiring that funds from state
1368 sources be accounted for separately from public and
1369 private sources; specifying powers and duties of the
1370 board of directors; requiring the board to use the
1371 moneys in the operating account for specified
1372 purposes; providing for early learning provider
1373 selection, copay pricing, reimbursement, and
1374 administrative requirements; prohibiting state funds
1375 from being spent in certain donors or supporters;
1376 requiring the Division of Early Learning to include
1377 specified information in its annual report of its
1378 activities; requiring the Department of Education to
1379 adopt rules; amending s. 1002.95, F.S.; requiring the
1380 administrator of the Teacher Education and
1381 Compensation Helps Scholarship Program, subject to an
1382 appropriation, to establish and administer the Center
1383 for Early Childhood Professional Recognition for a
1384 specified purpose; amending ss. 39.202, 125.0109,
1385 166.0445, 212.08, 402.302, 402.305, 402.309, 402.310,
1386 402.3115, 402.312, 402.315, 402.316, 402.318, 402.319,
1387 409.988, 411.203, 1002.55, 1002.82, 1002.83, 1002.84,
1388 1002.88, 1002.895, 1002.92, 1002.93, and 1002.945,
1389 F.S.; conforming provisions to changes made by the
1390 act; providing an effective date.