(1) The provisions of ss. 402.301-402.319, except for the requirements regarding screening of child care personnel pursuant to ss. 402.305 and 402.3055, do not apply to a child care facility which is an integral part of church or parochial schools conducting regularly scheduled classes, courses of study, or educational programs accredited by, or by a member of, an organization that publishes and requires compliance with its standards for health, safety, and sanitation. Such facilities must meet minimum requirements of the applicable local governing body as to health, sanitation, and safety. Failure by a facility to comply with screening requirements pursuant to ss. 402.305 and 402.3055 shall result in the loss of the facility’s exemption from licensure.
(2) The provisions of ss. 402.301-402.319, except for the requirements regarding screening of child care personnel pursuant to ss. 402.305 and 402.3055, do not apply to a child care facility that solely provides child care to eligible children as defined in s. 402.261(1)(c). Such facilities must meet minimum requirements of the applicable local governing body as to health, sanitation, and safety. Failure by a facility to comply with screening requirements pursuant to ss. 402.305 and 402.3055 shall result in the loss of the facility’s exemption from licensure.
(3) The provisions of ss. 402.301-402.319 do not apply to a child care facility or family child care home if the child care facility or family child 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 pursuant to 34 U.S.C. s. 20351 and 32 C.F.R. part 86 and received a favorable suitability and fitness determination. If the child care facility or family child care home elects to serve children ineligible for care under the United States Department of Defense Instruction 6060.02, the child care facility or family child care home must be licensed under this chapter.
(4) Any child care facility covered by the exemption under subsection (1) or subsection (2) which desires to be licensed may submit an application to the department or local licensing agency pursuant to s. 402.308(4).
(5) The department and the local licensing agency pursuant to s. 402.308(4) shall adopt rules to administer and implement this section, including, but not limited to, any assessments of previous licensure history.
(6) A child care facility exempt under subsection (1) or subsection (2) must include, at a minimum, the following statement on its website, in its promotional materials, and on its facility-created documents and forms provided to families served by the child care facility: “ (Child care facility name) is a child care facility operating under an exemption pursuant to the laws of the State of Florida and is not subject to licensure or regulation by the Department of Children and Families.”
History.—s. 16, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 14, ch. 84-551; s. 31, ch. 85-54; ss. 1, 2, ch. 93-115; s. 5, ch. 2025-181; s. 4, ch. 2026-140.
