HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1021 Child Care and Early Learning Providers
SPONSOR(S): Health & Human Services Committee, Ways & Means Committee, Education & Employment
Committee, McFarland
TIED BILLS: None IDEN./SIM. BILLS: SB 990
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Education & Employment Committee 15 Y, 0 N, As CS Wolff Hassell
2) Ways & Means Committee 24 Y, 0 N, As CS Berg Aldridge
3) Health & Human Services Committee 20 Y, 0 N, As CS Curry Calamas
SUMMARY ANALYSIS
The Voluntary Prekindergarten Education Program (VPK) prepares early learners for success in kindergarten
and beyond and helps build a strong foundation for school using educational material corresponding to various
stages in a child's development. To be eligible for VPK, children must live in Florida and be 4 years old on or
before September 1 of the current school year.
The Department of Children and Families (DCF) licenses and regulates child care facilities, family day care
homes, large family child care homes, and specialized child-care facilities for the care of mildly ill children,
establishing the licensing standards that each licensed child care provider must meet.
The bill makes a number of changes related to early learning providers:
Modifies the requirements for Voluntary Prekindergarten (VPK) classroom instructors, curriculum,
program and child assessments, and implementation of the accountability measures for VPK programs.
Requires intensive reading interventions to VPK students with substantial deficiencies in early literacy.
Modifies requirements for obtaining and maintaining the Gold Seal Quality Care designation.
Authorizes early learning coalitions to appoint a member of law enforcement to the board.
Requires DOE to establish, within existing funds, a single statewide information system to manage all
early learning programs and to implement data sharing connections to the child care licensing and
training platforms with DCF.
The bill makes the following changes related to child care facilities:
Modifies requirements related to licensing of child care facilities by DCF.
Expands DCF’s abbreviated inspection requirements and requires abbreviated inspections plans to be
updated every 5 years.
Modifies child care personnel training and background screening requirements.
Requires DCF to evaluate its child care personnel training requirements and coursework and the
licensing and regulation of child care facilities, and provide a report to the Governor and the Legislature
on recommendations on the quality, effectiveness, and on the elimination of rules and policies that are
unnecessary, redundant, or vague.
Modifies requirements of residential property insurance for large family child care homes.
This bill has no fiscal impact on state or local government.
The bill provides an effective date July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1021c.HHS
DATE: 4/25/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation - Child Care Licensing Program
Child care is 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. 1 If
a program meets the statutory definition of child care, it is subject to regulation by the Department of
Children and Families (DCF) or local licensing agencies (LLAs), unless the statute specifically excludes
or exempts it from regulation.2
DCF licenses and regulates child care facilities,3 family day care homes,4 large family child care
homes,5 and specialized child-care facilities for the care of mildly ill children,6 establishing the licensing
standards that each licensed child care facility must meet.7 Child care facilities with religious affiliation
and certain family day care homes are exempt from licensure, but are required to register with the DCF.
Currently, there are over 8,000 licensed child care programs in Florida. 8
Child Care Facility Standards
DCF establishes licensing standards that each licensed child care facility must meet regardless of the
origin or source of the fees used to operate the facility or the type of children served by the facility. The
standards are required to address:9
The health, sanitation, safety, and adequate physical surroundings for all children in child care.
The health and nutrition of all children in child care.
The child development needs of all children in child care.
Licensed child care facilities and homes must comply with the state child care laws in ss. 402.301-
402.319, F.S., and with all training and background screening requirements for child care personnel. 10
DCF ensures that licensing requirements are met through on-going inspections of child-care facilities
and homes, thus preventing the continued operation of substandard child-care programs.11
Currently, DCF licenses and registers child-care facilities and homes in 63 out of 67 counties. Four
counties have elected to designate a LLA to regulate licensing of child care facilities and homes in their
areas,12 these counties include Broward, Palm Beach, Pinellas, and Sarasota. 13
1 Section 402.302(1), F.S.
2 Any county whose licensing standards meet or exceed the state minimum standards may designate, by ordinance, a local licensin g
agency in their county to license child care facilities. Counties choosing to administer their own child care licensing progr ams are
licensed by DCF. See s. 402.306, F.S.
3 Section 402.305, F.S.
4 Section 402.313, F.S.
5 Section 402.3131, F.S. Also see ss. 402.301 through 402.319, F.S.
6 Section 402.305(17), F.S.
7 See generally ss. 402.301 through 402.319, F.S. See also s. 402.305(1), F.S. The licensing standards must apply to all facilities
regardless of the origin or source of the fees used to operate the facility or the type of children served by the facility.
8 Florida Department of Children and Families, Child Care Provider List, 3-1-2023, available at
https://www.myflfamilies.co m/sites/default/files/2023-03/Public%20-%202023-3-1%20-%20Statewide.pdf
9 Section 402.305, F.S.
10 Sections 402.305, 402.313, and 402.3131, F.S.
11 Florida Department of Children and Families, About Child Care Licensure, available at:
https://www.myflfamilies.co m/services/child-family/child-care/child-care-providers-and-staff/about-child-care-licensure
12 Section 402.306, F.S.
13 Florida Department of Children and Families, Child Care Licensure, https://www.myflfamilies.co m/services/licensing/child-care-
licensure (last visited Mar. 10, 2023).
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DATE: 4/25/2023
Inspections of Child Care Providers
DCF or the LLA, whichever is applicable, conduct inspections of all licensed child-care providers to
determine initial and renewal licensure and periodically assesses continued compliance with licensing
standards.14 Under current law, DCF and the LLAs that license child care are required to develop and
implement a plan to eliminate duplicative and unnecessary inspections of child care facilities. Both
entities are also required to develop and implement an abbreviated inspection plan for child care
facilities that have had no Class 1 or Class 2 deficiencies for at least 2 consecutive years. The
abbreviated inspection must include those elements identified by DCF and the local governmental
agencies as being key indicators of whether the child care facility continues to provide quality care and
programming.15
Child Care Personnel
Current law defines child care personnel as all owners, operators, employees, and volunteers working
in a child care facility.16
Background Screening and Training Requirements
DCF establishes the training and background screening requirements for child care personnel.
Background screening must be conducted for all child care personnel using the level 2 standards of
screening. Elements of the background screening include:17
FDLE criminal history background check;
FBI criminal history background check;
Criminal background check of any prior states resided within the past five years;
Sex Offender Registry check (in Florida & any prior states resided within past five years);
Child Abuse & Neglect check (in Florida & any prior states resided within past five years);
Attestation of Good Moral Character; and
Previous five-year employment history check.
The DCF also establishes minimum training requirements for child care personnel. DCF has adopted
the Child Care Facility Handbook to describe these requirements in detail. 18 The minimum standards for
training must ensure that all child care personnel take an approved 40-clock-hour introductory course in
child care covering the following topic areas:19
State and local rules and regulations which govern child care.
Health, safety, and nutrition.
Identifying and reporting child abuse and neglect.
Child development, including typical and atypical language, cognitive, motor, social, and self-
help skills development.
Observation of developmental behaviors, including using a checklist or other similar observation
tools and techniques to determine the child’s developmental age level.
Specialized areas, including computer technology for professional and classroom use and early
literacy and language development of children from birth to 5 years of age, as determined by the
DCF, for owner-operators and child care personnel of a child care facility.
Developmental disabilities, including autism spectrum disorder and Down syndrome, and early
identification, use of available state and local resources, classroom integration, and positive
behavioral supports for children with developmental disabilities. 20
14 Sections 402.308 and 402.311, F.S.
15 Section 402.305, F.S.
16 Section 402.302(3), F.S.
17 Sections 402.302(15) and 435.04, F.S.
18 Florida Department of Children and Families, Child Care Facility Handbook, October 2021, available at :
https://www.myflfamilies.co m/sites/default/files/2022-12/FacilityHandbook_0.pdf.
19 Florida Department of Children and Families, Child Care Facility Handbook, October 2021, available at :
https://www.myflfamilies.co m/sites/default/files/2022-12/FacilityHandbook_0.pdf.
20 Section. 402.305, F.S.
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DATE: 4/25/2023
The DCF must evaluate or contract for an evaluation to determine the status of and means to improve
staff training requirements and testing procedures. The evaluation must be conducted every 2 years.
The evaluation must include, but not be limited to, determining: 21
The availability, quality, scope, and sources of current staff training.
The need for specialty training.
Ways to increase in-service training.
Ways to increase the accessibility, quality, and cost-effectiveness of current and proposed staff
training.
DCF Child Care Licensing Standards
The DCF is also responsible for establishing the minimum licensing standards for the following:
Sanitary and safety conditions, first aid treatment, emergency procedures, and pediatric
cardiopulmonary resuscitation. The minimum standards must require that at least one staff
person trained in cardiopulmonary resuscitation, as evidenced by current documentation of
course completion, must be present at all times that children are present. 22
Admissions and recordkeeping. During the months of August and September of each year, each
child care facility must provide parents of children enrolled in the facility detailed information
regarding:
o The causes, symptoms, and transmission of the influenza virus and the importance of
immunizing their children.
o The potential for a distracted adult to fail to drop off a child at the facility and instead
leave the child in the adult’s vehicle upon arrival at the adult’s destination. 23
o A plan of activities which must ensure that each child care facility has and implements a
written plan for the daily provision of varied activities and active and quiet play
opportunities appropriate to the age of the child.24
o Specialized child care facilities for the care of mildly ill children. 25
Effect of Proposed Changes – Child Care Licensing Program
Licensing Standards for Child Care Facilities
The bill modifies the scope of required licensing standards for child care facilities. Specifically, the bill:
Revises the periodic employee health examination requirement to only apply to child care
personnel responsible for transporting children.
Removes the requirement for child care facilities to provide parents of children enrolled in the
facility detailed information regarding:
o The causes, symptoms, and transmission of the influenza virus and the importance of
immunizing their children.
o The potential for a distracted adult to fail to drop off a child at the facility and instead
leave the child in the adult’s vehicle upon arrival at the adult’s destination.
Removes the requirements that the written plan for the daily provision of age-appropriate
activities include a program to assist the children in preventing and avoiding physical and
mental abuse.
Removes minimum standards for specialized child care facilities of the care of mildly ill children.
Abbreviated Inspections
The bill adds family day care homes and large family child care homes to the list of facilities that the
DCF must include in its plan to eliminate duplicative and unnecessary inspections.
21 Section. 402.305(2), F.S.
22 Section. 402.305(7), F.S.
23 Section. 402.305(9), F.S.
24 Section. 402.305(13), F.S.
25 Section. 402.305(17), F.S.
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DATE: 4/25/2023
The bill expands the requirement for DCF and local government agencies to develop an abbreviated
inspection plan for certain child care facilities and requires the abbreviated inspection plan to be
updated every five years. The DCF and local government agencies must develop and implement an
abbreviated inspection plan for child care facilities that:
Have been licensed for a period of not less than 2 consecutive years, and do not have a Class 1
and no more than two of the same Class 2 deficiencies, for at least 2 consecutive years.
Have received at least two full onsite renewals in the most recent 2 years.
Do not have any current uncorrected violations.
Do not have any open regulatory complaints or active child protective services investigations.
The bill requires DCF to post on its website, annually by August 1, the number of:
Abbreviated inspections conducted.
Providers that qualified for an abbreviated inspection.
Providers that, after an abbreviated inspection, no longer qualify for an abbreviated inspection
after receiving violations.
Child Care Personnel - Background Screening and Training
The bill modifies the minimum standards for child care personnel. Specifically, the bill:
Requires the 40-clock-hour introductory course in child care to be taken by child care personnel
to include online and in-person training coursework to meet minimum training standards for child
care personnel.
Removes provisions requiring the introductory training course in child care to stress an
interdisciplinary approach to the study of children, when possible.
Removes provisions requiring DCF to evaluate, or contract for an evaluation, every two years to
determine the status of and means to improve staff training requirements and testing
procedures.
The bill requires the DCF to complete background screening and provide results to the child care facility
within 10 business days after receiving the Florida Department of Law Enforcement results. If DCF is
unable to complete the background screening within that time, DCF must issue a current or prospective
child care personnel a 45-day provisional hire status based on the initial results of the Florida Criminal
History Recor