Florida Senate - 2026 SB 1690
By Senator Calatayud
38-00999C-26 20261690__
1 A bill to be entitled
2 An act relating to early childhood education; amending
3 s. 402.302, F.S.; revising the definition of the terms
4 “child care facility” and “child care personnel”;
5 defining the term “school-age children”; amending s.
6 402.305, F.S.; conforming a cross-reference; revising
7 the minimum standards for child care facility
8 licensing; amending s. 402.3131, F.S.; deleting
9 provisions that require large family child care homes
10 to provide parents of enrolled children information
11 relating to certain viruses and the risks of leaving
12 children in vehicles; amending s. 627.70161, F.S.;
13 changing the term “family day care” to “family child
14 care”; providing legislative intent relating to large
15 family child care homes; defining the term “large
16 family child care home”; prohibiting residential
17 property insurance policies from providing coverage
18 for liability for claims arising out of, or in
19 connection with, the operations of large family child
20 care homes; providing that insurers are under no
21 obligation to defend against lawsuits covering such
22 claims; providing exceptions; prohibiting insurers
23 from denying, cancelling, or refusing to renew a
24 policy for residential property insurance on the basis
25 that the policyholders or applicants operate large
26 family child care homes; providing exceptions;
27 amending s. 1001.24, F.S.; revising the definition of
28 the term “Department of Education direct-support
29 organization”; amending s. 1002.95, F.S.; requiring,
30 subject to an appropriation, that the administrator of
31 the Teacher Education and Compensation Helps (TEACH)
32 Scholarship Program administer the Center for Early
33 Childhood Professional Recognition for a specified
34 purpose; amending s. 39.101, F.S.; conforming a cross
35 reference; requiring the Department of Education, the
36 Florida Lottery, and CareerSource Florida, Inc., to
37 examine the creation of a program to provide child
38 care and early learning options for children from
39 certain families; requiring such entities to submit a
40 report to the Governor and the Legislature by a
41 specified date; specifying requirements for the
42 report; providing an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Present subsections (15) through (18) of section
47 402.302, Florida Statutes, are redesignated as subsections (16)
48 through (19), respectively, a new subsection (15) is added to
49 that section, and subsections (2) and (3) of that section are
50 amended, to read:
51 402.302 Definitions.—As used in this chapter, the term:
52 (2) “Child care facility” includes any child care center or
53 child care arrangement which provides child care for more than
54 five children unrelated to the operator and which receives a
55 payment, fee, or grant for any of the children receiving care,
56 wherever operated, and whether or not operated for profit. The
57 following are not included:
58 (a) Public schools and nonpublic schools and their
59 administered integral programs, except as provided in s.
60 402.3025.;
61 (b) Summer camps having children in full-time residence.;
62 (c) Summer day camps.;
63 (d) Bible schools normally conducted during vacation
64 periods.; and
65 (e) Operators of transient establishments, as defined in
66 chapter 509, which provide child care services solely for the
67 guests of their establishment or resort, provided that all child
68 care personnel of the establishment are screened according to
69 the level 2 screening requirements of chapter 435.
70 (f) Before- and after-school programs, and any program
71 during off-school hours, offered and operated by public
72 elementary schools at school sites for the schools’ student
73 populations.
74 (3) “Child care personnel” means all owners, operators,
75 employees, and volunteers working in a child care facility. The
76 term does not include persons who work in a child care facility
77 after hours when children are not present or parents of children
78 in a child care facility. For purposes of screening, the term
79 includes any member, over the age of 12 years, of a child care
80 facility operator’s family, or person, over the age of 12 years,
81 residing with a child care facility operator if the child care
82 facility is located in or adjacent to the home of the operator
83 or if the family member of, or person residing with, the child
84 care facility operator has any direct contact with the children
85 in the facility during its hours of operation. Members of the
86 operator’s family or persons residing with the operator who are
87 between the ages of 12 years and 18 years are not required to be
88 fingerprinted but must be screened for delinquency records. For
89 purposes of screening, the term also includes persons who work
90 in child care programs that provide care for children 15 hours
91 or more each week in public or nonpublic schools, family day
92 care homes, membership organizations under s. 402.301, or
93 programs otherwise exempted under s. 402.316. The term does not
94 include public or nonpublic school personnel who are providing
95 care during regular school hours, or after hours for activities
96 related to a school’s program for students attending public or
97 nonpublic school programs grades kindergarten through 12. A
98 volunteer who assists on an intermittent basis for less than 10
99 hours per month is not included in the term “personnel” for the
100 purposes of screening and training if a person who meets the
101 screening requirement of s. 402.305(2) is always present and has
102 the volunteer in his or her line of sight. Students who observe
103 and participate in a child care facility as a part of their
104 required coursework are not considered child care personnel,
105 provided such observation and participation are on an
106 intermittent basis and a person who meets the screening
107 requirement of s. 402.305(2) is always present and has the
108 student in his or her line of sight.
109 (15) “School-age children” means children who are:
110 (a) In kindergarten through grade 12;
111 (b) Three-year-olds in a public school exceptional student
112 education program; or
113 (c) Four-year-olds in a public school child care program.
114 Section 2. Paragraph (a) of subsection (2) and paragraph
115 (a) of subsection (7) of section 402.305, Florida Statutes, are
116 amended to read:
117 402.305 Licensing standards; child care facilities.—
118 (2) PERSONNEL.—Minimum standards for child care personnel
119 shall include minimum requirements as to:
120 (a) Good moral character based upon screening as defined in
121 s. 402.302 s. 402.302(15). This screening shall be conducted as
122 provided in chapter 435, using the level 2 standards for
123 screening provided in that chapter, and include employment
124 history checks, a search of criminal history records, sexual
125 predator and sexual offender registries, and child abuse and
126 neglect registry of any state in which the current or
127 prospective child care personnel resided during the preceding 5
128 years. The department shall complete the screening and provide
129 the results to the child care facility within 3 business days
130 from the receipt of the criminal history record check. If the
131 department is unable to complete the screening within 3 business
132 days, the department shall issue the current or prospective
133 child care personnel a 45-day provisional-hire status while all
134 required information is being requested and the department is
135 awaiting results unless the department has reason to believe a
136 disqualifying factor may exist. During the 45-day period, the
137 current or prospective child care personnel must be under the
138 direct supervision of a screened and trained staff member when
139 in contact with children.
140
141 The department may grant limited exemptions to the minimum
142 standards provided in this subsection which authorize a person
143 to work in a specified role or with a specified population.
144 (7) SANITATION AND SAFETY.—
145 (a) Minimum standards must include requirements for
146 sanitary and safety conditions, first aid treatment, emergency
147 procedures, and pediatric cardiopulmonary resuscitation. The
148 minimum standards must require that at least one staff person
149 trained in person in cardiopulmonary resuscitation, as evidenced
150 by current documentation of course completion, be present at all
151 times that children are present.
152 Section 3. Subsections (9) and (10) of section 402.3131,
153 Florida Statutes, are amended to read:
154 402.3131 Large family child care homes.—
155 (9) During the months of August and September of each year,
156 each large family child care home shall provide parents of
157 children enrolled in the home detailed information regarding the
158 causes, symptoms, and transmission of the influenza virus in an
159 effort to educate those parents regarding the importance of
160 immunizing their children against influenza as recommended by
161 the Advisory Committee on Immunization Practices of the Centers
162 for Disease Control and Prevention.
163 (10) During the months of April and September of each year,
164 at a minimum, each large family child care home shall provide
165 parents of children attending the large family child care home
166 information regarding the potential for a distracted adult to
167 fail to drop off a child at the large family child care home and
168 instead leave the child in the adult’s vehicle upon arrival at
169 the adult’s destination. The large family child care home shall
170 also give parents information about resources with suggestions
171 to avoid this occurrence. The department shall develop a flyer
172 or brochure with this information that shall be posted to the
173 department’s website, which large family child care homes may
174 choose to reproduce and provide to parents to satisfy the
175 requirements of this subsection.
176 Section 4. Section 627.70161, Florida Statutes, is amended
177 to read:
178 627.70161 Family child day care and large family child care
179 insurance.—
180 (1) PURPOSE AND INTENT.—The Legislature recognizes that
181 family child day care and large family child care homes fulfill
182 a vital role in providing child care in Florida. It is the
183 intent of the Legislature that residential property insurance
184 coverage should not be canceled, denied, or nonrenewed solely on
185 the basis of the child family day care services at the
186 residence. The Legislature also recognizes that the potential
187 liability of residential property insurers is substantially
188 increased by the rendition of child care services on the
189 premises. The Legislature therefore finds that there is a public
190 need to specify that contractual liabilities that arise in
191 connection with the operation of the family child day care home
192 or the large family child care home are excluded from
193 residential property insurance policies unless they are
194 specifically included in such coverage.
195 (2) DEFINITIONS.—As used in this section, the term:
196 (a) “Child care” means the care, protection, and
197 supervision of a child, for a period of less than 24 hours a day
198 on a regular basis, which supplements parental care, enrichment,
199 and health supervision for the child, in accordance with his or
200 her individual needs, and for which a payment, fee, or grant is
201 made for care.
202 (b) “Family child day care home” means an occupied
203 residence in which child care is regularly provided for children
204 from at least two unrelated families and which receives a
205 payment, fee, or grant for any of the children receiving care,
206 whether or not operated for a profit.
207 (c) “Large family child care home” means an occupied
208 residence in which child care is regularly provided for children
209 from at least two unrelated families; which receives a payment,
210 fee, or grant for any of the children receiving care, whether or
211 not operated for profit; and which has at least two full-time
212 child care personnel on the premises during the hours of
213 operation. One of the two full-time child care personnel must be
214 the owner or occupant of the residence. A large family child
215 care home must first have operated as a licensed family child
216 care home for at least 2 years, with an operator who has held a
217 child development associate credential or its equivalent for at
218 least 1 year, before seeking licensure as a large family child
219 care home. Household children under 13 years of age, when on the
220 premises of the large family child care home or on a field trip
221 with children enrolled in child care, must be included in the
222 overall capacity of the licensed home. A large family child care
223 home may provide care for one of the following groups of
224 children, which must include any household children under 13
225 years of age:
226 1. A maximum of 8 children from birth to 24 months of age.
227 2. A maximum of 12 children, with no more than 4 children
228 under 24 months of age.
229 (3) FAMILY CHILD DAY CARE AND LARGE FAMILY CHILD CARE
230 HOMES; COVERAGE.—A residential property insurance policy may
231 shall not provide coverage for liability for claims arising out
232 of, or in connection with, the operation of a family child day
233 care home or a large family child care home, and the insurer is
234 not shall be under any no obligation to defend against lawsuits
235 covering such claims, unless:
236 (a) Specifically covered in a policy; or
237 (b) Covered by a rider or endorsement for business coverage
238 attached to a policy.
239 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
240 insurer may not deny, cancel, or refuse to renew a policy for
241 residential property insurance solely on the basis that the
242 policyholder or applicant operates a family child day care home
243 or a large family child care home. In addition to other lawful
244 reasons for refusing to insure, an insurer may deny, cancel, or
245 refuse to renew a policy of a family child day care home or a
246 large family child care home provider if one or more of the
247 following conditions occur:
248 (a) The policyholder or applicant provides care for more
249 children than authorized for family day care homes by s.
250 402.302;
251 (b) The policyholder or applicant fails to maintain a
252 separate commercial liability policy or an endorsement providing
253 liability coverage for the family child day care home or large
254 family child care home operations;
255 (c) The policyholder or applicant fails to comply with the
256 applicable family day care home licensure and registration
257 requirements specified in chapter 402 s. 402.313; or
258 (d) Discovery of willful or grossly negligent acts or
259 omissions or any violations of state laws or regulations
260 establishing safety standards for family child day care homes or
261 large family child care homes by the named insured or his or her
262 representative which materially increase any of the risks
263 insured.
264 Section 5. Paragraph (a) of subsection (1) of section
265 1001.24, Florida Statutes, is amended to read:
266 1001.24 Direct-support organization; use of property; board
267 of directors; audit.—
268 (1) DEFINITIONS.— For the purposes of this section, the
269 term:
270 (a) “Department of Education direct-support organization”
271 means an organization:
272 1. That is a corporation not for profit that is
273 incorporated under the provisions of chapter 617 and approved by
274 the Department of State.
275 2. That is organized and operated exclusively to receive,
276 hold, invest, and administer property and to make expenditures
277 to or for the benefit of the early learning programs under parts
278 V and VI of chapter 1002 and public prekindergarten through 12th
279 grade education in this state.
280 3. That the State Board of Education, after review, has
281 certified to be operating in a manner consistent with the goals
282 and best interest of the Department of Education.
283 Section 6. Present subsection (2) of section 1002.95,
284 Florida Statutes, is redesignated as subsection (3), and a new
285 subsection (2) is added to that section, to read:
286 1002.95 Teacher Education and Compensation Helps (TEACH)
287 Scholarship Program.—
288 (2) Subject to an appropriation, the administrator of the
289 TEACH Scholarship Program shall also administer the Center for
290 Early Childhood Professional Recognition to ensure alignment of
291 training statewide to include, but not be limited to, a system
292 of training approval, a system of trainer approval, and
293 implementation of competency-based assessments aligned with the
294 early learning professional development standards and career
295 pathways under s. 1002.995.
296 Section 7. Paragraph (a) of subsection (4) of section
297 39.101, Florida Statutes, is amended to read:
298 39.101 Central abuse hotline.—The central abuse hotline is
299 the first step in the safety assessment and investigation
300 process.
301 (4) USE OF INFORMATION RECEIVED BY THE CENTRAL ABUSE
302 HOTLINE.—
303 (a) Information received by the central abuse hotline may
304 not be used for employment screening, except as provided in s.
305 39.202(2)(a) and (h) or s. 402.302(16) s. 402.302(15).
306 Section 8. The Department of Education, the Florida
307 Lottery, and CareerSource Florida, Inc., shall jointly examine
308 the creation of a program to provide child care and early
309 learning options for children from families employed in
310 occupations that are in demand. The program shall provide
311 vouchers for child care for children between birth and 4 years
312 of age whose parents or grandparents are employed in occupations
313 on the Statewide Demand Occupations List or the Regional Demand
314 Occupations Lists published annually by the Department of
315 Commerce. No later than January 1, 2027, the Department of
316 Education, the Florida Lottery, and CareerSource Florida, Inc.,
317 shall jointly submit a report to the Governor, the President of
318 the Senate, and the Speaker of the House of Representatives
319 which:
320 (1) Provides an inventory of existing programs that provide
321 child care for children who are from working families.
322 (2) Evaluates whether the child care voucher should be
323 provided in addition to existing programs or when a child is no
324 longer eligible for such programs.
325 (3) Provides legislative recommendations, including, but
326 not limited to:
327 (a) Eligibility criteria, including criteria for
328 prioritization based on targeted occupations and the duration of
329 the child care voucher.
330 (b) A process to apply for and receive a child care
331 voucher.
332 (c) Sources of available funding based on the estimated
333 costs of the program.
334 (d) Other recommendations that support working families.
335 Section 9. This act shall take effect July 1, 2026.