Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 738
Ì831124sÎ831124
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/13/2025 .
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The Committee on Children, Families, and Elder Affairs (Burton)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 127 - 450
4 and insert:
5 to the child care facility within 3 business days from the
6 receipt of the criminal history record check. If the department
7 is unable to complete the screening within 3 business days, the
8 department shall issue the current or prospective child care
9 personnel a 45-day provisional-hire status while all required
10 information is being requested and the department is awaiting
11 results unless the department has reason to believe a
12 disqualifying factor may exist. During the 45-day period, the
13 current or prospective child care personnel must be under the
14 direct supervision of a screened and trained staff member when
15 in contact with children.
16 (e) Minimum training requirements for child care personnel.
17 1. Such minimum standards for training shall ensure that
18 all child care personnel take an approved 40-clock-hour
19 introductory course in child care, which course covers at least
20 the following topic areas:
21 a. State and local rules and regulations which govern child
22 care.
23 b. Health, safety, and nutrition.
24 c. Identifying and reporting child abuse and neglect.
25 d. Child development, including typical and atypical
26 language, cognitive, motor, social, and self-help skills
27 development.
28 e. Observation of developmental behaviors, including using
29 a checklist or other similar observation tools and techniques to
30 determine the child’s developmental age level.
31 f. Specialized areas, including computer technology for
32 professional and classroom use and early literacy and language
33 development of children from birth to 5 years of age, as
34 determined by the department, for owner-operators and child care
35 personnel of a child care facility.
36 g. Developmental disabilities, including autism spectrum
37 disorder and Down syndrome, and early identification, use of
38 available state and local resources, classroom integration, and
39 positive behavioral supports for children with developmental
40 disabilities.
41 h. Online training coursework, provided at no cost by the
42 department, to meet minimum training standards for child care
43 personnel.
44
45 Within 90 days after employment, child care personnel shall
46 begin training to meet the training requirements. Child care
47 personnel shall successfully complete such training within 1
48 year after the date on which the training began, as evidenced by
49 passage of an in-person or online a competency examination.
50 Successful completion of the 40-clock-hour introductory course
51 shall articulate into community college credit in early
52 childhood education, pursuant to ss. 1007.24 and 1007.25.
53 Exemption from all or a portion of the required training shall
54 be granted to child care personnel based upon educational
55 credentials or passage of competency examinations. Child care
56 personnel possessing a 2-year degree or higher that includes 6
57 college credit hours in early childhood development or child
58 growth and development, or a child development associate
59 credential or an equivalent state-approved child development
60 associate credential, or a child development associate waiver
61 certificate shall be automatically exempted from the training
62 requirements in sub-subparagraphs b., d., and e.
63 2. The introductory course in child care shall stress, to
64 the extent possible, an interdisciplinary approach to the study
65 of children.
66 2.3. The introductory course shall cover recognition and
67 prevention of shaken baby syndrome; prevention of sudden infant
68 death syndrome; recognition and care of infants and toddlers
69 with developmental disabilities, including autism spectrum
70 disorder and Down syndrome; and early childhood brain
71 development within the topic areas identified in this paragraph.
72 3.4. On an annual basis in order to further their child
73 care skills and, if appropriate, administrative skills, child
74 care personnel who have fulfilled the requirements for the child
75 care training shall be required to take an additional 1
76 continuing education unit of approved inservice training, or 10
77 clock hours of equivalent training, as determined by the
78 department.
79 4.5. Child care personnel shall be required to complete 0.5
80 continuing education unit of approved training or 5 clock hours
81 of equivalent training, as determined by the department, in
82 early literacy and language development of children from birth
83 to 5 years of age one time. The year that this training is
84 completed, it shall fulfill the 0.5 continuing education unit or
85 5 clock hours of the annual training required in subparagraph 3.
86 4.
87 5.6. Procedures for ensuring the training of qualified
88 child care professionals to provide training of child care
89 personnel, including onsite training, shall be included in the
90 minimum standards. It is recommended that the state community
91 child care coordination agencies (central agencies) be
92 contracted by the department to coordinate such training when
93 possible. Other district educational resources, such as
94 community colleges and career programs, can be designated in
95 such areas where central agencies may not exist or are
96 determined not to have the capability to meet the coordination
97 requirements set forth by the department.
98 6.7. Training requirements do shall not apply to certain
99 occasional or part-time support staff, including, but not
100 limited to, swimming instructors, piano teachers, dance
101 instructors, and gymnastics instructors.
102 7.8. The child care operator shall be required to take
103 basic training in serving children with disabilities within 5
104 years after employment, either as a part of the introductory
105 training or the annual 8 hours of inservice training.
106 (f) Periodic health examinations for child care facility
107 drivers.
108 (7) SANITATION AND SAFETY.—
109 (a) Minimum standards must shall include requirements for
110 sanitary and safety conditions, first aid treatment, emergency
111 procedures, and pediatric cardiopulmonary resuscitation. The
112 minimum standards must shall require that at least one staff
113 person trained in person in cardiopulmonary resuscitation, as
114 evidenced by current documentation of course completion, must be
115 present at all times that children are present.
116 (c) Some type of communications system, such as a pocket
117 pager or beeper, shall be provided to a parent whose child is in
118 drop-in child care to ensure the immediate return of the parent
119 to the child, if necessary.
120 (9) ADMISSIONS AND RECORDKEEPING.—
121 (a) Minimum standards must shall include requirements for
122 preadmission and periodic health examinations, requirements for
123 immunizations, and requirements for maintaining emergency
124 information and health records on all children.
125 (b) During the months of August and September of each year,
126 each child care facility shall provide parents of children
127 enrolled in the facility detailed information regarding the
128 causes, symptoms, and transmission of the influenza virus in an
129 effort to educate those parents regarding the importance of
130 immunizing their children against influenza as recommended by
131 the Advisory Committee on Immunization Practices of the Centers
132 for Disease Control and Prevention.
133 (c) During the months of April and September of each year,
134 at a minimum, each facility shall provide parents of children
135 enrolled in the facility information regarding the potential for
136 a distracted adult to fail to drop off a child at the facility
137 and instead leave the child in the adult’s vehicle upon arrival
138 at the adult’s destination. The child care facility shall also
139 give parents information about resources with suggestions to
140 avoid this occurrence. The department shall develop a flyer or
141 brochure with this information that shall be posted to the
142 department’s website, which child care facilities may choose to
143 reproduce and provide to parents to satisfy the requirements of
144 this paragraph.
145 (b)(d) Because of the nature and duration of drop-in child
146 care, requirements for preadmission and periodic health
147 examinations and requirements for medically signed records of
148 immunization required for child care facilities do shall not
149 apply. A parent of a child in drop-in child care shall, however,
150 be required to attest to the child’s health condition and the
151 type and current status of the child’s immunizations.
152 (c)(e) Any child shall be exempt from medical or physical
153 examination or medical or surgical treatment upon written
154 request of the parent or guardian of such child who objects to
155 the examination and treatment. However, the laws, rules, and
156 regulations relating to contagious or communicable diseases and
157 sanitary matters shall not be violated because of any exemption
158 from or variation of the health and immunization minimum
159 standards.
160 (13) PLAN OF ACTIVITIES.—Minimum standards shall ensure
161 that each child care facility has and implements a written plan
162 for the daily provision of varied activities and active and
163 quiet play opportunities appropriate to the age of the child.
164 The written plan must include a program, to be implemented
165 periodically for children of an appropriate age, which will
166 assist the children in preventing and avoiding physical and
167 mental abuse.
168 (17) SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF
169 MILDLY ILL CHILDREN.—Minimum standards shall be developed by the
170 department, in conjunction with the Department of Health, for
171 specialized child care facilities for the care of mildly ill
172 children. The minimum standards shall address the following
173 areas: personnel requirements; staff-to-child ratios; staff
174 training and credentials; health and safety; physical facility
175 requirements, including square footage; client eligibility,
176 including a definition of “mildly ill children”; sanitation and
177 safety; admission and recordkeeping; dispensing of medication;
178 and a schedule of activities.
179 Section 3. Subsection (1) of section 402.306, Florida
180 Statutes, is amended to read:
181 402.306 Designation of licensing agency; dissemination by
182 the department and local licensing agency of information on
183 child care.—
184 (1)(a) Any county whose licensing standards meet or exceed
185 state minimum standards may:
186 1.(a) Designate a local licensing agency to license child
187 care facilities in the county; or
188 2.(b) Contract with the department to delegate the
189 administration of state minimum standards in the county to the
190 department.
191 (b) The decision to designate a local licensing agency
192 under subparagraph (a)1. must be annually affirmed by a majority
193 vote of the county commission.
194 Section 4. Section 402.3115, Florida Statutes, is amended
195 to read:
196 402.3115 Elimination of duplicative and unnecessary
197 inspections; abbreviated inspections.—
198 (1) The Department of Children and Families and local
199 governmental agencies that license child care facilities shall
200 develop and implement a plan to eliminate duplicative and
201 unnecessary inspections of child care facilities, family day
202 care homes, and large family child care homes.
203 (2)(a) In addition, The department and the local
204 governmental agencies shall develop and implement an abbreviated
205 inspection plan for child care facilities, family day care
206 homes, and large family child care homes that meet all of the
207 following conditions:
208 1. Have been licensed for at least 2 consecutive years.
209 2. Have not had a no Class 1 deficiency, as defined by
210 rule, for at least 2 consecutive years.
211 3. Have not had more than three of the same or Class 2
212 deficiencies, as defined by rule, for at least 2 consecutive
213 years.
214 4. Have received at least two full onsite renewal
215 inspections in the most recent 2 years.
216 5. Do not have any current uncorrected violations.
217 6. Do not have any open regulatory complaints or active
218 child protective services investigations.
219 (b) The abbreviated inspection must include those elements
220 identified by the department and the local governmental agencies
221 as being key indicators of whether the child care facility
222 continues to provide quality care and programming. The
223 department shall review and update these elements every 5 years.
224 (3) The department shall revise the plan under subsection
225 (1) as necessary to maintain the validity and effectiveness of
226 inspections.
227 Section 5. Section 402.316, Florida Statutes, is amended to
228 read:
229 402.316 Exemptions.—
230 (1) The provisions of ss. 402.301-402.319, except for the
231 requirements regarding screening of child care personnel, do
232 shall not apply to a child care facility which is an integral
233 part of church or parochial schools, or a child care facility
234 that solely provides child care to eligible children as defined
235 in s. 402.261(1)(c), conducting regularly scheduled classes,
236 courses of study, or educational programs accredited by, or by a
237 member of, an organization which publishes and requires
238 compliance with its standards for health, safety, and
239 sanitation. However, such facilities shall meet minimum
240 requirements of the applicable local governing body as to
241 health, sanitation, and safety and shall meet the screening
242 requirements pursuant to ss. 402.305 and 402.3055. Failure by a
243 facility to comply with such screening requirements shall result
244 in the loss of the facility’s exemption from licensure.
245 (2) The provisions of ss. 402.301-402.319 do not apply to a
246 child care facility or family day care home if the child care
247 facility or family day care home has a certificate issued by the
248 United States Department of Defense or by the United States
249 Coast Guard to provide child care and has completed background
250 screening by the United States Department of Defense pursuant to
251 34 U.S.C. s. 20351 and 32 C.F.R. part 86 and received a
252 favorable suitability and fitness determination. If the child
253 care facility or family day care home elects to serve children
254 ineligible for care under the United States Department of
255 Defense Instruction 6060.02, the child care facility or family
256 day care home must be licensed under chapter 402.
257 (3)(2) Any county or city with state or local child care
258 licensing programs in existence on July 1, 1974, will continue
259 to license the child care facility facilities as covered by such
260 programs, notwithstanding the exemption under provisions of
261 subsection (1) which desires to be licensed may submit an
262 application to the department or local licensing agency pursuant
263 to s. 402.308(4), until and unless the licensing agency makes a
264 determination to exempt them.
265 (4)(3) The department and the local licensing agency
266 pursuant to s. 402.308(4) shall adopt rules to administer and
267 implement this section, including, but not limited to, any
268 assessments of previous licensure history Any child care
269 facility covered by the exemption provisions of subsection (1),
270 but desiring to be included in this act, is authorized to do so
271 by submitting notification to the department. Once licensed,
272 such facility cannot withdraw from the act and continue to
273 operate.
274
275 ================= T I T L E A M E N D M E N T ================
276 And the title is amended as follows:
277 Delete lines 27 - 36
278 and insert:
279 facilities, family day care homes, and large family
280 child care homes; requiring the department to review
281 and update certain elements included in such
282 abbreviated inspections; requiring the department to
283 revise the abbreviated inspection plan as necessary;
284 amending s. 402.316, F.S.; providing that certain
285 child care facilities and family day care homes are
286 exempt from specified requirements; deleting a
287 provision requiring a county or city with certain
288 child care licensing programs in existence on a
289 specified date to continue to license certain
290 facilities under certain circumstances; authorizing
291 certain exempt child care facilities to submit an
292 application for licensure to the department or a local
293 licensing agency; requiring the department and the
294 local licensing agency to adopt rules; amending s.
295 1002.59, F.S.; conforming a cross-