HB 47 — Child Care and Early Learning Providers

If the Page 5 of 17 CODING:

hb47-02-c2hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 47 2025 department is unable to complete the screening within 3 business days, the department shall issue the current or prospective child care personnel resideda during45-day provisional-hire status while all required information is being requested and the precedingdepartment 5is years.awaiting results unless the department has reason to believe a disqualifying factor may exist.

The department shall complete the screening and provide the results to the child care facility within 3 business days from the receipt of the criminal history record check.

If the department is unable to complete the screening within 3 business days, the department shall issue the current or prospective child care personnel a 45-day provisional-hire status while all required information is being requested and the department is awaiting results unless the department has reason to believe a disqualifying factor may exist.

Child development, including typical and atypical language, cognitive, motor, social, and self-help skills Pagedevelopment. 7 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 development.

f.Page 6 of 17 CODING:

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hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 47 2025 f.

Successful completion of the 40-clock-hour introductory course shall articulate into community college credit in early Pagechildhood 8education, ofpursuant 59to CODING:ss.

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 childhood education, pursuant to ss.

Child care personnelPage possessing7 aof 2-year17 degreeCODING: or higher that includes 6 college credit hours in early childhood development or child growth and development, or a child development associate credential or an equivalent state-approved child development associate credential, or a child development associate waiver certificate shall be automatically exempted from the training requirements in sub-subparagraphs b., d., and e.

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hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 47 2025 personnel possessing a 2-year degree or higher that includes 6 college credit hours in early childhood development or child growth and development, or a child development associate credential or an equivalent state-approved child development associate credential, or a child development associate waiver certificate shall be automatically exempted from the training requirements in sub-subparagraphs b., d., and e.

On an annual basis in order to further their child care skills and, if appropriate, administrative skills, child care personnel who have fulfilled the requirements for the child care training shall be required to take an additional 1 continuing education unit of approved inservice training, or 10 Pageclock 9hours of 59equivalent CODING:training, as determined by the department.

4.5.

Child care personnel shall be required to complete 0.5 continuing education unit of approved training or 5 clock Page 8 of 17 CODING:

hb47-02-c2hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 47 2025 clock hours of equivalent training, as determined by the department.department, in early literacy and language development of children from birth to 5 years of age one time.

4.5.

Child care personnel shall be required to complete 0.5 continuing education unit of approved training or 5 clock hours of equivalent training, as determined by the department, in early literacy and language development of children from birth to 5 years of age one time.

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The child care operator shall be required to take basic training in serving children with disabilities within 5 years after employment, either as a part of the introductory training or the annual 8 hours of inservice training.

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hb47-02-c2hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 47 2025 7.8.(f) Periodic health examinations for child care facility drivers.

The child care operator shall be required to take basic training in serving children with disabilities within 5 years after employment, either as a part of the introductory training or the annual 8 hours of inservice training.

(f) Periodic health examinations for child care facility drivers.

(b) During the months of August and September of each year, each child care facility shall provide parents of children enrolled in the facility detailed information regarding the causes, symptoms, and transmission of the influenza virus in an effort to educate those parents regarding the importance of immunizing their children against influenza as recommended by Page 1110 of 5917 CODING:

hb47-02-c2hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 47 2025 enrolled in the facility detailed information regarding the causes, symptoms, and transmission of the influenza virus in an effort to educate those parents regarding the importance of immunizing their children against influenza as recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

Page(c)(e) 12Any child shall be exempt from medical or physical examination or medical or surgical treatment upon written request of 59the CODING:parent or guardian of such child who objects to the examination and treatment.

However, the laws, rules, and Page 11 of 17 CODING:

hb47-02-c2hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 47 2025 (c)(e)regulations Anyrelating childto shallcontagious be exempt from medical or physicalcommunicable examinationdiseases orand medicalsanitary ormatters surgicalshall treatmentnot uponbe writtenviolated requestbecause of theany parentexemption from or guardianvariation of such child who objects to the examinationhealth and treatment.immunization minimum standards.

However, the laws, rules, and regulations relating to contagious or communicable diseases and sanitary matters shall not be violated because of any exemption from or variation of the health and immunization minimum standards.

sanitation and Pagesafety; 13 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 safety;

(18) TRANSFER OF OWNERSHIP.— (a) One week before prior to the transfer of ownership of a child care facility or family child day care home, the transferor shall notify the parent or caretaker of each child of the impending transfer.

SubsectionsSubsection (1) and (3) of section 402.306, Florida Statutes, areis amended to read:

402.306Page Designation12 of licensing17 agency;CODING:

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hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 47 2025 402.306 Designation of licensing agency;

(3) The department and local licensing agencies, or the designees thereof, shall be responsible for coordination and dissemination of information on child care to the community and Page 14 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 shall make available through electronic means all licensing standards and procedures, health and safety standards for school readiness providers, monitoring and inspection reports, and the names and addresses of licensed child care facilities, school readiness program providers, and, where applicable pursuant to s.

402.313, licensed or registered family child day care homes.

This information shall also include the number of deaths, serious injuries, and instances of substantiated child abuse that have occurred in child care settings each year;

research and best practices in child development;

and resources regarding social-emotional development, parent and family engagement, healthy eating, and physical activity.

abbreviated inspections.— (1) The Department of Children and Families and local governmental agencies that license child care facilities shall develop and implement a plan to eliminate duplicative and unnecessary inspections of child care facilities, family childday care homes, and large family child care homes.

(2)(a) In addition, The department and the local governmental agencies shall develop and implement an abbreviated inspection plan for child care facilities, family childday care homes, and large family child care homes that meet all of the Page 1513 of 5917 CODING:

hb47-02-c2hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 47 2025 homes, and large family child care homes that meet all of the following conditions:

Section 402.313, Florida Statutes, is amended to read:

402.313 Family child day care homes.— (1) Family child day care homes shall be licensed under this act if they are presently being licensed under an existing Page 16 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 county licensing ordinance or if the board of county commissioners passes a resolution that family child day care homes be licensed.

(a) If not subject to license, family child day care homes shall register annually with the department, providing the following information:

1.

The name and address of the home.

2.

The name of the operator.

3.

The number of children served.

4.

Proof of a written plan to provide at least one other competent adult to be available to substitute for the operator in an emergency.

This plan shall include the name, address, and telephone number of the designated substitute.

5.

Proof of screening and background checks.

6.

Proof of successful completion of the 30-hour training course, as evidenced by passage of a competency examination, which shall include:

a.

State and local rules and regulations that govern child care.

b.

Health, safety, and nutrition.

c.

Identifying and reporting child abuse and neglect.

d.

Child development, including typical and atypical language development;

and cognitive, motor, social, and self- help skills development.

e.

Observation of developmental behaviors, including using Page 17 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 a checklist or other similar observation tools and techniques to determine a child's developmental level.

f.

Specialized areas, including early literacy and language development of children from birth to 5 years of age, as determined by the department, for owner-operators of family child day care homes.

7.

Proof that immunization records are kept current.

7.8.

Proof of completion of the required continuing education units or clock hours.

(b) Operators of registered family child care homes shall annually complete a health and safety home inspection self- evaluation checklist developed by the department in conjunction with the statewide resource and referral program.

The completed checklist shall be signed by the operator of the family child care home and provided to parents as certification that basic health and safety standards are being met.

(c)(b) A registered family child day care home may volunteer to be licensed under this act.

(d)(c) The department may provide technical assistance to counties and family child day care home providers to enable counties and family child day care providers to achieve compliance with family child day care homes standards.

(2) This information shall be included in a directory to be published annually by the department to inform the public of available child care facilities.

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 (3) Child care personnel in family child day care homes shall be subject to the applicable screening provisions contained in ss.

402.305(2) and 402.3055.

For purposes of screening child care personnel in family child day care homes, the term "child care personnel" includes any member of a family child care home operator's family over the age of 12 years of age or older a family day care home operator's family, or any persons over the age of 12 years of age or older residing with the operator in the family child day care home.

Members of the operator's family, or persons residing with the operator, who are between the ages of 12 years and 18 years, inclusive shall not be required to be fingerprinted, but shall be screened for delinquency records.

(4) Operators of family child day care homes must successfully complete an approved 30-clock-hour introductory course in child care, as evidenced by passage of a competency examination, before caring for children.

(5) In order to further develop their child care skills and, if appropriate, their administrative skills, operators of family child day care homes shall be required to complete an additional 1 continuing education unit of approved training or 10 clock hours of equivalent training, as determined by the department, annually.

(6) Operators of family child day care homes shall be required to complete 0.5 continuing education unit of approved Page 19 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 training in early literacy and language development of children from birth to 5 years of age one time.

The year that this training is completed, it shall fulfill the 0.5 continuing education unit or 5 clock hours of the annual training required in subsection (5).

(7) Operators of family day care homes shall be required annually to complete a health and safety home inspection self- evaluation checklist developed by the department in conjunction with the statewide resource and referral program.

The completed checklist shall be signed by the operator of the family day care home and provided to parents as certification that basic health and safety standards are being met.

(7)(8) Family child day care home operators may avail themselves of supportive services offered by the department.

(8)(9) The department shall prepare a brochure on family child day care for distribution by the department and by local licensing agencies, if appropriate, to family child day care homes for distribution to parents utilizing such child care, and to all interested persons, including physicians and other health professionals;

mental health professionals;

school teachers or other school personnel;

social workers or other professional child care, foster care, residential, or institutional workers;

and law enforcement officers.

The brochure shall, at a minimum, contain the following information:

(a) A brief description of the requirements for family Page 20 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 child day care registration, training, and fingerprinting and screening.

(b) A listing of those counties that require licensure of family child day care homes.

Such counties shall provide an addendum to the brochure that provides a brief description of the licensure requirements or may provide a brochure in lieu of the one described in this subsection, provided it contains all the required information on licensure and the required information in the subsequent paragraphs.

(c) A statement indicating that information about the family child day care home's compliance with applicable state or local requirements can be obtained by telephoning the department office or the office of the local licensing agency, if appropriate, at a telephone number or numbers which shall be affixed to the brochure.

(d) The statewide toll-free telephone number of the central abuse hotline, together with a notice that reports of suspected and actual child physical abuse, sexual abuse, and neglect are received and referred for investigation by the hotline.

(e) Any other information relating to competent child care that the department or local licensing agency, if preparing a separate brochure, deems would be helpful to parents and other caretakers in their selection of a family child day care home.

(9)(10) On an annual basis, the department shall evaluate Page 21 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 the registration and licensure system for family child day care homes.

Such evaluation shall, at a minimum, address the following:

(a) The number of family child day care homes registered and licensed and the dates of such registration and licensure.

(b) The number of children being served in both registered and licensed family child day care homes and any available slots in such homes.

(c) The number of complaints received concerning family child day care, the nature of the complaints, and the resolution of such complaints.

(d) The training activities utilized by child care personnel in family child day care homes for meeting the state or local training requirements.

The evaluation shall be utilized by the department in any administrative modifications or adjustments to be made in the registration of family child day care homes or in any legislative requests for modifications to the system of registration or to other requirements for family child day care homes.

(11) In order to inform the public of the state requirement for registration of family day care homes as well as the other requirements for such homes to legally operate in the state, the department shall institute a media campaign to Page 22 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 accomplish this end.

Such a campaign shall include, at a minimum, flyers, newspaper advertisements, radio advertisements, and television advertisements.

(10)(12) Notwithstanding any other state or local law or ordinance, any family child day care home licensed pursuant to this chapter or pursuant to a county ordinance shall be charged the utility rates accorded to a residential home.

A licensed family child day care home may not be charged commercial utility rates.

(11)(13) The department shall, by rule, establish minimum standards for family child day care homes that are required to be licensed by county licensing ordinance or county licensing resolution or that voluntarily choose to be licensed.

The standards should include requirements for staffing, training, maintenance of immunization records, minimum health and safety standards, reduced standards for the regulation of child care during evening hours by municipalities and counties, and enforcement of standards.

(14) During the months of August and September of each year, each family day care home shall provide parents of children enrolled in the home detailed information regarding the causes, symptoms, and transmission of the influenza virus in an effort to educate those parents regarding the importance of immunizing their children against influenza as recommended by the Advisory Committee on Immunization Practices of the Centers Page 23 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 for Disease Control and Prevention.

(15) During the months of April and September of each year, at a minimum, each family day care home shall provide parents of children attending the family day care home information regarding the potential for a distracted adult to fail to drop off a child at the family day care home and instead leave the child in the adult's vehicle upon arrival at the adult's destination.

The family day care home shall also give parents information about resources with suggestions to avoid this occurrence.

The department shall develop a flyer or brochure with this information that shall be posted to the department's website, which family day care homes may choose to reproduce and provide to parents to satisfy the requirements of this subsection.

Section 6.

Subsections (1), (6), (9), and (10) of section 402.3131, Florida Statutes, are amended to read:

402.3131 Large family child care homes.— (1) Large family child care homes shall be licensed under this section.

(a) A licensed family child day care home must first have operated for a minimum of 2 consecutive years, with an operator who has had a child development associate credential or its equivalent for 1 year, before seeking licensure as a large family child care home.

(b) The department may provide technical assistance to Page 24 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 counties and family child day care home providers to enable the counties and providers to achieve compliance with minimum standards for large family child care homes.

(6) The department shall prepare a brochure on large family child care homes for distribution to the general public.

(9) During the months of August and September of each year, each large family child care home shall provide parents of children enrolled in the home detailed information regarding the causes, symptoms, and transmission of the influenza virus in an effort to educate those parents regarding the importance of immunizing their children against influenza as recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

(10) During the months of April and September of each year, at a minimum, each large family child care home shall provide parents of children attending the large family child care home information regarding the potential for a distracted adult to fail to drop off a child at the large family child care home and instead leave the child in the adult's vehicle upon arrival at the adult's destination.

The large family child care home shall also give parents information about resources with suggestions to avoid this occurrence.

The department shall develop a flyer or brochure with this information that shall be posted to the department's website, which large family child care homes may choose to reproduce and provide to parents to Page 25 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 satisfy the requirements of this subsection.

Section 7.

402.301-402.319, except for the requirementsPage regarding14 screening of child17 careCODING: personnel, do shall not apply to a child care facility which is an integral part of church or parochial schools, or a child care facility that solely provides child care to eligible children as defined in s.

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hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 47 2025 requirements regarding screening of child care personnel, shall not apply to a child care facility which is an integral part of church or parochial schools, or a child care facility that solely provides child care to eligible children as defined in s.

402.301-402.319 do not apply to a child care facility or family childday care home if the child care facility or family childday care home has a certificate issued by the United States Department of Defense or by the United States Coast Guard to provide child care and has completed background screening by the United States Department of Defense Pagepursuant 26to of34 59U.S.C. CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 pursuant to 34 U.S.C.

If the child care facility or family childday care home elects to serve children ineligible for care under the Department of Defense Instruction 6060.02, the child care facility or family childday care home must be licensedPage under15 chapterof 402.17 CODING:

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hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 47 2025 licensed under chapter 402.

402.308(4) shall adopt rules to administer and implement the provisions of this section, including, but not limited to, any assessments of previous licensure history Any child care facility covered by the exemption provisions of subsection (1), but desiring to be included in this act, is authorized to do so by submitting notification to the department.

Section 8.6.

Section 627.70161, Florida Statutes, is amended to read:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 627.70161 Family child day care and large family child care insurance.— (1) PURPOSE AND INTENT.—The Legislature recognizes that family child day care and large family child care homes fulfill a vital role in providing child care in Florida.

It is the intent of the Legislature that residential property insurance coverage should not be canceled, denied, or nonrenewed solely on the basis of the child care family day care services at the residence.

The Legislature also recognizes that the potential liability of residential property insurers is substantially increased by the rendition of child care services on the premises.

The Legislature therefore finds that there is a public need to specify that contractual liabilities that arise in connection with the operation of the family child day care home or the large family child care home are excluded from residential property insurance policies unless they are specifically included in such coverage.

(2) DEFINITIONS.—As used in this section, the term:

(a) "Child care" means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care.

(b) "Family child day care home" means an occupied Page 28 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for a profit.

(c) "Large family child care home" means an occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, regardless of whether operated for profit, and which has at least two full- time child care personnel on the premises during the hours of operation.

One of the two full-time child care personnel must be the owner or occupant of the residence.

A large family child care home must first have operated as a licensed family child care home for at least 2 years, with an operator who has held a child development associate credential or its equivalent for at least 1 year, before seeking licensure as a large family child care home.

Household children under 13 years of age, when on the premises of the large family child care home or on a field trip with children enrolled in child care, must be included in the overall capacity of the licensed home.

A large family child care home may provide care for one of the following groups of children, which must include household children under 13 years of age:

1.

A maximum of eight children from birth to 24 months of age.

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 2.

A maximum of 12 children, with no more than four children under 24 months of age.

(3) FAMILY CHILD DAY CARE AND LARGE FAMILY CHILD CARE HOMES;

COVERAGE.—A residential property insurance policy may shall not provide coverage for liability for claims arising out of, or in connection with, the operation of a family child day care home or a large family child care home, and the insurer shall be under no obligation to defend against lawsuits covering such claims, unless:

(a) Specifically covered in a policy;

or (b) Covered by a rider or endorsement for business coverage attached to a policy.

(4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An insurer may not deny, cancel, or refuse to renew a policy for residential property insurance solely on the basis that the policyholder or applicant operates a family child day care home or a large family child care home.

In addition to other lawful reasons for refusing to insure, an insurer may deny, cancel, or refuse to renew a policy of a family child day care home or a large family child care home provider if one or more of the following conditions occur:

(a) The policyholder or applicant provides care for more children than authorized for family day care homes by s.

402.302;

(b) The policyholder or applicant fails to maintain a Page 30 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 separate commercial liability policy or an endorsement providing liability coverage for the family child day care home or the large family child care home operations;

(c) The policyholder or applicant fails to comply with the applicable family day care home licensure and registration requirements specified in chapter 402 s.

402.313;

or (d) Discovery of willful or grossly negligent acts or omissions or any violations of state laws or regulations establishing safety standards for family child day care homes or large family child care homes by the named insured or his or her representative which materially increase any of the risks insured.

Section 9.

Paragraph (a) of subsection (2) of section 39.202, Florida Statutes, is amended to read:

39.202 Confidentiality of reports and records in cases of child abuse or neglect;

exception.— (2) Except as provided in subsection (4), access to such records, excluding the name of, or other identifying information with respect to, the reporter which may only be released as provided in subsection (5), may only be granted to the following persons, officials, and agencies:

(a) Employees, authorized agents, or contract providers of the department, the Department of Health, the Agency for Persons with Disabilities, the Agency for Health Care Administration, the Department of Education, or county agencies responsible for Page 31 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 carrying out:

1.

Child or adult protective investigations;

2.

Ongoing child or adult protective services;

3.

Early intervention and prevention services;

4.

Healthy Start services;

5.

Licensure or approval of adoptive homes, foster homes, child care facilities, facilities licensed under chapters 393 and 394, family child day care homes, providers who receive school readiness funding under part VI of chapter 1002, or other homes used to provide for the care and welfare of children;

6.

Employment screening for caregivers in residential group homes and facilities licensed under chapters 393, 394, and 409;

or 7.

Services for victims of domestic violence when provided by certified domestic violence centers working at the department's request as case consultants or with shared clients.

Also, employees or agents of the Department of Juvenile Justice responsible for the provision of services to children, pursuant to chapters 984 and 985.

Section 10.

Section 125.0109, Florida Statutes, is amended to read:

125.0109 Family child day care homes;

local zoning regulation.—The operation of a residence as a family child day care home, as defined by law, registered or licensed with the Page 32 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 Department of Children and Families shall constitute a valid residential use for purposes of any local zoning regulations, and no such regulation shall require the owner or operator of such family child day care home to obtain any special exemption or use permit or waiver, or to pay any special fee in excess of $50, to operate in an area zoned for residential use.

Section 11.

Section 166.0445, Florida Statutes, is amended to read:

166.0445 Family child day care homes;

local zoning regulation.—The operation of a residence as a family child day care home, as defined by law, registered or licensed with the Department of Children and Families shall constitute a valid residential use for purposes of any local zoning regulations, and no such regulation shall require the owner or operator of such family child day care home to obtain any special exemption or use permit or waiver, or to pay any special fee in excess of $50, to operate in an area zoned for residential use.

Section 12.

Paragraph (j) of subsection (7) of section 212.08, Florida Statutes, is amended to read:

212.08 Sales, rental, use, consumption, distribution, and storage tax;

specified exemptions.—The sale at retail, the rental, the use, the consumption, the distribution, and the storage to be used or consumed in this state of the following are hereby specifically exempt from the tax imposed by this chapter.

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any entity by this chapter do not inure to any transaction that is otherwise taxable under this chapter when payment is made by a representative or employee of the entity by any means, including, but not limited to, cash, check, or credit card, even when that representative or employee is subsequently reimbursed by the entity.

In addition, exemptions provided to any entity by this subsection do not inure to any transaction that is otherwise taxable under this chapter unless the entity has obtained a sales tax exemption certificate from the department or the entity obtains or provides other documentation as required by the department.

Eligible purchases or leases made with such a certificate must be in strict compliance with this subsection and departmental rules, and any person who makes an exempt purchase with a certificate that is not in strict compliance with this subsection and the rules is liable for and shall pay the tax.

The department may adopt rules to administer this subsection.

(j) Household fuels.—Also exempt from payment of the tax imposed by this chapter are sales of utilities to residential households or owners of residential models in this state by utility companies who pay the gross receipts tax imposed under s.

203.01, and sales of fuel to residential households or owners of residential models, including oil, kerosene, liquefied petroleum gas, coal, wood, and other fuel products used in the Page 34 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 household or residential model for the purposes of heating, cooking, lighting, and refrigeration, regardless of whether such sales of utilities and fuels are separately metered and billed direct to the residents or are metered and billed to the landlord.

If any part of the utility or fuel is used for a nonexempt purpose, the entire sale is taxable.

The landlord shall provide a separate meter for nonexempt utility or fuel consumption.

For the purposes of this paragraph, licensed family child day care homes shall also be exempt.

Section 13.

Subsections (3), (8), (9), and (11) of section 402.302, Florida Statutes, are amended to read:

402.302 Definitions.—As used in this chapter, the term:

(3) "Child care personnel" means all owners, operators, employees, and volunteers working in a child care facility.

The term does not include persons who work in a child care facility after hours when children are not present or parents of children in a child care facility.

For purposes of screening, the term includes any member, over the age of 12 years, of a child care facility operator's family, or person, over the age of 12 years, residing with a child care facility operator if the child care facility is located in or adjacent to the home of the operator or if the family member of, or person residing with, the child care facility operator has any direct contact with the children in the facility during its hours of operation.

Members of the operator's family or persons residing with the operator who are Page 35 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 between the ages of 12 years and 18 years are not required to be fingerprinted but must be screened for delinquency records.

For purposes of screening, the term also includes persons who work in child care programs that provide care for children 15 hours or more each week in public or nonpublic schools, family child day care homes, membership organizations under s.

402.301, or programs otherwise exempted under s.

402.316.

The term does not include public or nonpublic school personnel who are providing care during regular school hours, or after hours for activities related to a school's program for grades kindergarten through 12.

A volunteer who assists on an intermittent basis for less than 10 hours per month is not included in the term "personnel" for the purposes of screening and training if a person who meets the screening requirement of s.

402.305(2) is always present and has the volunteer in his or her line of sight.

Students who observe and participate in a child care facility as a part of their required coursework are not considered child care personnel, provided such observation and participation are on an intermittent basis and a person who meets the screening requirement of s.

402.305(2) is always present and has the student in his or her line of sight.

(8) "Family child day care home" means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, Page 36 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 whether or not operated for profit.

Household children under 13 years of age, when on the premises of the family child day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home.

A family child day care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age:

(a) A maximum of four children from birth to 12 months of age.

(b) A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.

(c) A maximum of six preschool children if all are older than 12 months of age.

(d) A maximum of 10 children if no more than 5 are preschool age and, of those 5, no more than 2 are under 12 months of age.

(9) "Household children" means children who are related by blood, marriage, or legal adoption to, or who are the legal wards of, the family child day care home operator, the large family child care home operator, or an adult household member who permanently or temporarily resides in the home.

Supervision of the operator's household children shall be left to the discretion of the operator unless those children receive subsidized child care through the school readiness program pursuant to s.

1002.92 to be in the home.

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 (11) "Large family child care home" means an occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation.

One of the two full-time child care personnel must be the owner or occupant of the residence.

A large family child care home must first have operated as a licensed family child day care home for 2 years, with an operator who has had a child development associate credential or its equivalent for 1 year, before seeking licensure as a large family child care home.

Household children under 13 years of age, when on the premises of the large family child care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home.

A large family child care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age:

(a) A maximum of 8 children from birth to 24 months of age.

(b) A maximum of 12 children, with no more than 4 children under 24 months of age.

Section 14.

Subsections (1) and (2) and paragraph (a) of subsection (3) of section 402.309, Florida Statutes, are amended Page 38 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 to read:

402.309 Provisional license or registration.— (1) The local licensing agency or the department, whichever is authorized to license child care facilities in a county, may issue a provisional license for child care facilities, family child day care homes, or large family child care homes, or a provisional registration for family child day care homes to applicants for an initial license or registration or to licensees or registrants seeking a renewal who are unable to meet all the standards provided for in ss.

402.301-402.319.

(2) A provisional license or registration may not be issued unless the operator or owner makes adequate provisions for the health and safety of the child.

A provisional license may be issued for a child care facility if all of the screening materials have been timely submitted.

A provisional license or registration may not be issued unless the child care facility, family child day care home, or large family child care home is in compliance with the requirements for screening of child care personnel in ss.

402.305, 402.3055, 402.313, and 402.3131, respectively.

(3) Notwithstanding subsection (2), a local licensing agency or the department, whichever is authorized to license child care facilities in a county, must issue a provisional license or registration if the operator or owner:

(a) Is applying for an initial license or registration for Page 39 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 a child care facility, a family child day care home, or a large family child care home;

Section 15.

Paragraph (d) of subsection (1) and subsection (4) of section 402.310, Florida Statutes, are amended to read:

402.310 Disciplinary actions;

hearings upon denial, suspension, or revocation of license or registration;

administrative fines.— (1) (d) The disciplinary sanctions set forth in this section apply to licensed child care facilities, licensed large family child care homes, and licensed or registered family child day care homes.

(4) An applicant, registrant, or licensee shall have the right to appeal a decision of the local licensing agency to a representative of the department.

Any required hearing shall be held in the county in which the child care facility, family child day care home, or large family child care home is being operated or is to be established.

The hearing shall be conducted in accordance with the provisions of chapter 120.

Section 16.

Section 402.312, Florida Statutes, is amended to read:

402.312 License required;

injunctive relief.— (1) The operation of a child care facility without a license, a family child day care home without a license or registration, or a large family child care home without a Page 40 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 license is prohibited.

If the department or the local licensing agency discovers that a child care facility is being operated without a license, a family child day care home is being operated without a license or registration, or a large family child care home is being operated without a license, the department or local licensing agency is authorized to seek an injunction in the circuit court where the facility is located to enjoin continued operation of such facility, family child day care home, or large family child care home.

When the court is closed for the transaction of judicial business, the department or local licensing agency is authorized to seek an emergency injunction to enjoin continued operation of such unlicensed facility, unregistered or unlicensed family child day care home, or unlicensed large family child care home, which injunction shall be continued, modified, or revoked on the next day of judicial business.

(2) Other grounds for seeking an injunction to close a child care facility, family child day care home, or a large family child care home are that:

(a) There is any violation of the standards applied under ss.

402.301-402.319 which threatens harm to any child in the child care facility, a family child day care home, or large family child care home.

(b) A licensee or registrant has repeatedly violated the standards provided for under ss.

402.301-402.319.

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 (c) A child care facility, family child day care home, or large family child care home continues to have children in attendance after the closing date established by the department or the local licensing agency.

(3) The department or local licensing agency may impose an administrative fine on any child care facility, family child day care home, or large family child care home operating without a license or registration, consistent with the provisions of s.

402.310.

Section 17.

Paragraphs (a), (b), and (c) of subsection (3) of section 402.315, Florida Statutes, are amended to read:

402.315 Funding;

license fees.— (3) The department shall collect a fee for any license it issues for a child care facility, family child day care home, or large family child care home pursuant to ss.

402.305, 402.313, and 402.3131.

(a) For a child care facility licensed pursuant to s.

402.305, such fee shall be $1 per child, based on the licensed capacity of the facility, except that the minimum fee shall be $25 per facility and the maximum fee shall be $100 per facility.

(b) For a family child day care home registered pursuant to s.

402.313, such fee shall be $25.

(c) For a family child day care home licensed pursuant to s.

402.313, such fee shall be $50.

Section 18.

Section 402.318, Florida Statutes, is amended Page 42 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 to read:

402.318 Advertisement.—A person, as defined in s.

1.01(3), may not advertise a child care facility, family child day care home, or large family child care home without including within such advertisement the state or local agency license number or registration number of such facility or home.

Violation of this section is a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

Section 19.

Section 402.319, Florida Statutes, is amended to read:

402.319 Penalties.— (1) It is a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083, for any person knowingly to:

(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment or licensure regulated under ss.

402.301-402.318 all information required under those sections or a material fact used in making a determination as to such person's qualifications to be child care personnel, as defined in s.

402.302, in a child care facility, family child day care home, or other child care program.

(b) Operate or attempt to operate a child care facility without having procured a license as required by this act.

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 (c) Operate or attempt to operate a family child day care home without a license or without registering with the department, whichever is applicable.

(d) Operate or attempt to operate a child care facility or family child day care home under a license that is suspended, revoked, or terminated.

(e) Misrepresent, by act or omission, a child care facility or family child day care home to be duly licensed pursuant to this act without being so licensed.

(f) Make any other misrepresentation, by act or omission, regarding the licensure or operation of a child care facility or family child day care home to a parent or guardian who has a child placed in the facility or is inquiring as to placing a child in the facility, or to a representative of the licensing authority, or to a representative of a law enforcement agency, including, but not limited to, any misrepresentation as to:

1.

The number of children at the child care facility or the family child day care home;

2.

The part of the child care facility or family child day care home designated for child care;

3.

The qualifications or credentials of child care personnel;

4.

Whether a family child day care home or child care facility complies with the screening requirements of s.

402.305;

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 5.

Whether child care personnel have the training as required by s.

402.305.

(2) If any child care personnel makes any misrepresentation in violation of this section to a parent or guardian who has placed a child in the child care facility or family child day care home, and the parent or guardian relied upon the misrepresentation, and the child suffers great bodily harm, permanent disfigurement, permanent disability, or death as a result of an intentional act or negligence by the child care personnel, then the child care personnel commits a felony of the second degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(3) Each child care facility, family child day care home, and large family child care home shall annually submit an affidavit of compliance with s.

39.201.

Section 20.

Paragraph (c) of subsection (2) of section 409.988, Florida Statutes, is amended to read:

409.988 Community-based care lead agency duties;

general provisions.— (2) LICENSURE.— (c) Substitute care providers who are licensed under s.

409.175 and who have contracted with a lead agency are also authorized to provide registered or licensed family child day care under s.

402.313 if such care is consistent with federal law and if the home has met the requirements of s.

402.313.

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 Section 21.

Paragraph (b) of subsection (8) of section 411.203, Florida Statutes, is amended to read:

411.203 Continuum of comprehensive services.—The Department of Education and the Department of Health shall utilize the continuum of prevention and early assistance services for high-risk pregnant women and for high-risk and handicapped children and their families, as outlined in this section, as a basis for the intraagency and interagency program coordination, monitoring, and analysis required in this chapter.

The continuum shall be the guide for the comprehensive statewide approach for services for high-risk pregnant women and for high- risk and handicapped children and their families, and may be expanded or reduced as necessary for the enhancement of those services.

Expansion or reduction of the continuum shall be determined by intraagency or interagency findings and agreement, whichever is applicable.

Implementation of the continuum shall be based upon applicable eligibility criteria, availability of resources, and interagency prioritization when programs impact both agencies, or upon single agency prioritization when programs impact only one agency.

The continuum shall include, but not be limited to:

(8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS OF HIGH-RISK CHILDREN.— (b) Child care and early childhood programs, including, but not limited to, licensed child care facilities, family child Page 46 of 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 day care homes, therapeutic child care, Head Start, and preschool programs in public and private schools.

Section 22.

Each course mustPage consist16 of 517 clockCODING: hours and provide instruction in strategies and techniques to address the age-appropriate progress of prekindergarten students in developing emergent literacy skills, including oral communication, knowledge of print and letters, phonological and phonemic awareness, vocabulary and comprehension development, and foundational background knowledge designed to correlate with the content that students will encounter in grades K-12, consistent with the evidence-based content and strategies grounded in the science of reading identified pursuant to s.

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hb47-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 47 2025 must consist of 5 clock hours and provide instruction in strategies and techniques to address the age-appropriate progress of prekindergarten students in developing emergent literacy skills, including oral communication, knowledge of print and letters, phonological and phonemic awareness, vocabulary and comprehension development, and foundational background knowledge designed to correlate with the content that students will encounter in grades K-12, consistent with the evidence-based content and strategies grounded in the science of reading identified pursuant to s.

Each course must also provide resources containing strategies that allow students with disabilities and other special needs to derive maximum benefit from the Voluntary PagePrekindergarten 47Education ofProgram. 59 CODING:

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hb47-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 47 2025 Prekindergarten Education Program.

Section 23.7.