Fla. Stat. 402.3025
Public and nonpublic schools

(1)

PUBLIC SCHOOLS.—The following programs for children shall not be deemed to be child care and shall not be subject to the provisions of ss. 402.301-402.319:
Programs for children in 5-year-old kindergarten and grades one or above.
Programs for children who are at least 3 years of age, but who are under 5 years of age, provided the programs are operated and staffed directly by the schools and provided the programs meet age-appropriate standards as adopted by the State Board of Education.
Programs for children under 3 years of age who are eligible for participation in the programs under the existing or successor provisions of Pub. L. No. 94-142 or Pub. L. No. 99-457, provided the programs are operated and staffed directly by the schools and provided the programs meet age-appropriate standards as adopted by the State Board of Education.
The following programs for children shall be deemed to be child care and shall be subject to the provisions of ss. 402.301-402.319:
Programs for children who are under 5 years of age when the programs are not operated and staffed directly by the schools.
Programs for children under 3 years of age who are not eligible for participation in the programs under existing or successor provisions of Pub. L. No. 94-142 or Pub. L. No. 99-457.
The monitoring and enforcement of compliance with age-appropriate standards established by rule of the State Board of Education shall be the responsibility of the Department of Education.

(a)

The following programs for children shall not be deemed to be child care and shall not be subject to the provisions of ss. 402.301-402.319:Programs for children in 5-year-old kindergarten and grades one or above.Programs for children who are at least 3 years of age, but who are under 5 years of age, provided the programs are operated and staffed directly by the schools and provided the programs meet age-appropriate standards as adopted by the State Board of Education.Programs for children under 3 years of age who are eligible for participation in the programs under the existing or successor provisions of Pub. L. No. 94-142 or Pub. L. No. 99-457, provided the programs are operated and staffed directly by the schools and provided the programs meet age-appropriate standards as adopted by the State Board of Education.
1. Programs for children in 5-year-old kindergarten and grades one or above.
2. Programs for children who are at least 3 years of age, but who are under 5 years of age, provided the programs are operated and staffed directly by the schools and provided the programs meet age-appropriate standards as adopted by the State Board of Education.
3. Programs for children under 3 years of age who are eligible for participation in the programs under the existing or successor provisions of Pub. L. No. 94-142 or Pub. L. No. 99-457, provided the programs are operated and staffed directly by the schools and provided the programs meet age-appropriate standards as adopted by the State Board of Education.

(b)

The following programs for children shall be deemed to be child care and shall be subject to the provisions of ss. 402.301-402.319:Programs for children who are under 5 years of age when the programs are not operated and staffed directly by the schools.Programs for children under 3 years of age who are not eligible for participation in the programs under existing or successor provisions of Pub. L. No. 94-142 or Pub. L. No. 99-457.
1. Programs for children who are under 5 years of age when the programs are not operated and staffed directly by the schools.
2. Programs for children under 3 years of age who are not eligible for participation in the programs under existing or successor provisions of Pub. L. No. 94-142 or Pub. L. No. 99-457.

(c)

The monitoring and enforcement of compliance with age-appropriate standards established by rule of the State Board of Education shall be the responsibility of the Department of Education.

(2)

NONPUBLIC SCHOOLS.—Programs for children under 3 years of age shall be deemed to be child care and subject to the provisions of ss. 402.301-402.319.Programs for children in 5-year-old kindergarten and grades one or above shall not be deemed to be child care and shall not be subject to the provisions of ss. 402.301-402.319.Programs for children who are at least 3 years of age, but under 5 years of age, shall not be deemed to be child care and shall not be subject to the provisions of ss. 402.301-402.319 relating to child care facilities, provided the programs in the schools are operated and staffed directly by the schools, provided a majority of the children enrolled in the schools are 5 years of age or older, and provided there is compliance with the screening requirements for personnel pursuant to s. 402.305. A nonpublic school may designate certain programs as child care, in which case these programs shall be subject to the provisions of ss. 402.301-402.319.
Programs for children who are at least 3 years of age, but under 5 years of age, which are not licensed under ss. 402.301-402.319 shall substantially comply with the minimum child care standards promulgated pursuant to ss. 402.305-402.3055.
The department or local licensing agency shall enforce compliance with such standards, where possible, to eliminate or minimize duplicative inspections or visits by staff enforcing the minimum child care standards and staff enforcing other standards under the jurisdiction of the department.
The department or local licensing agency may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes:
To protect the health, sanitation, safety, and well-being of all children under care.
To enforce its rules and regulations.
To use corrective action plans, whenever possible, to attain compliance prior to the use of more restrictive enforcement measures.
To make application for injunction to the proper circuit court, and the judge of that court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of ss. 402.301-402.319. Any violation of this section or of the standards applied under ss. 402.305-402.3055 which threatens harm to any child in the school’s programs for children who are at least 3 years of age, but are under 5 years of age, or repeated violations of this section or the standards under ss. 402.305-402.3055, shall be grounds to seek an injunction to close a program in a school.
To impose an administrative fine, not to exceed $100, for each violation of the minimum child care standards promulgated pursuant to ss. 402.305-402.3055.
It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:
Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any required written documentation for exclusion from licensure pursuant to this section a material fact used in making a determination as to such exclusion; or
Use information from the criminal records obtained under s. 402.305 or s. 402.3055 for any purpose other than screening that person for employment as specified in those sections or release such information to any other person for any purpose other than screening for employment as specified in those sections.
It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any person willfully, knowingly, or intentionally to use information from the juvenile records of any person obtained under s. 402.305 or s. 402.3055 for any purpose other than screening for employment as specified in those sections or to release information from such records to any other person for any purpose other than screening for employment as specified in those sections.
The department and the nonpublic school accrediting agencies are encouraged to develop agreements to facilitate the enforcement of the minimum child care standards as they relate to the schools which the agencies accredit.

(a)

Programs for children under 3 years of age shall be deemed to be child care and subject to the provisions of ss. 402.301-402.319.

(b)

Programs for children in 5-year-old kindergarten and grades one or above shall not be deemed to be child care and shall not be subject to the provisions of ss. 402.301-402.319.

(c)

Programs for children who are at least 3 years of age, but under 5 years of age, shall not be deemed to be child care and shall not be subject to the provisions of ss. 402.301-402.319 relating to child care facilities, provided the programs in the schools are operated and staffed directly by the schools, provided a majority of the children enrolled in the schools are 5 years of age or older, and provided there is compliance with the screening requirements for personnel pursuant to s. 402.305. A nonpublic school may designate certain programs as child care, in which case these programs shall be subject to the provisions of ss. 402.301-402.319.

(d)1.

Programs for children who are at least 3 years of age, but under 5 years of age, which are not licensed under ss. 402.301-402.319 shall substantially comply with the minimum child care standards promulgated pursuant to ss. 402.305-402.3055.The department or local licensing agency shall enforce compliance with such standards, where possible, to eliminate or minimize duplicative inspections or visits by staff enforcing the minimum child care standards and staff enforcing other standards under the jurisdiction of the department.The department or local licensing agency may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes:
To protect the health, sanitation, safety, and well-being of all children under care.
To enforce its rules and regulations.
To use corrective action plans, whenever possible, to attain compliance prior to the use of more restrictive enforcement measures.
To make application for injunction to the proper circuit court, and the judge of that court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of ss. 402.301-402.319. Any violation of this section or of the standards applied under ss. 402.305-402.3055 which threatens harm to any child in the school’s programs for children who are at least 3 years of age, but are under 5 years of age, or repeated violations of this section or the standards under ss. 402.305-402.3055, shall be grounds to seek an injunction to close a program in a school.
To impose an administrative fine, not to exceed $100, for each violation of the minimum child care standards promulgated pursuant to ss. 402.305-402.3055.
It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:
Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any required written documentation for exclusion from licensure pursuant to this section a material fact used in making a determination as to such exclusion; or
Use information from the criminal records obtained under s. 402.305 or s. 402.3055 for any purpose other than screening that person for employment as specified in those sections or release such information to any other person for any purpose other than screening for employment as specified in those sections.
It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any person willfully, knowingly, or intentionally to use information from the juvenile records of any person obtained under s. 402.305 or s. 402.3055 for any purpose other than screening for employment as specified in those sections or to release information from such records to any other person for any purpose other than screening for employment as specified in those sections.
(d)1. Programs for children who are at least 3 years of age, but under 5 years of age, which are not licensed under ss. 402.301-402.319 shall substantially comply with the minimum child care standards promulgated pursuant to ss. 402.305-402.3055.
2. The department or local licensing agency shall enforce compliance with such standards, where possible, to eliminate or minimize duplicative inspections or visits by staff enforcing the minimum child care standards and staff enforcing other standards under the jurisdiction of the department.
3. The department or local licensing agency may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes:a. To protect the health, sanitation, safety, and well-being of all children under care.b. To enforce its rules and regulations.c. To use corrective action plans, whenever possible, to attain compliance prior to the use of more restrictive enforcement measures.d. To make application for injunction to the proper circuit court, and the judge of that court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of ss. 402.301-402.319. Any violation of this section or of the standards applied under ss. 402.305-402.3055 which threatens harm to any child in the school’s programs for children who are at least 3 years of age, but are under 5 years of age, or repeated violations of this section or the standards under ss. 402.305-402.3055, shall be grounds to seek an injunction to close a program in a school.e. To impose an administrative fine, not to exceed $100, for each violation of the minimum child care standards promulgated pursuant to ss. 402.305-402.3055.
a. To protect the health, sanitation, safety, and well-being of all children under care.
b. To enforce its rules and regulations.
c. To use corrective action plans, whenever possible, to attain compliance prior to the use of more restrictive enforcement measures.
d. To make application for injunction to the proper circuit court, and the judge of that court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of ss. 402.301-402.319. Any violation of this section or of the standards applied under ss. 402.305-402.3055 which threatens harm to any child in the school’s programs for children who are at least 3 years of age, but are under 5 years of age, or repeated violations of this section or the standards under ss. 402.305-402.3055, shall be grounds to seek an injunction to close a program in a school.
e. To impose an administrative fine, not to exceed $100, for each violation of the minimum child care standards promulgated pursuant to ss. 402.305-402.3055.
4. It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:a. Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any required written documentation for exclusion from licensure pursuant to this section a material fact used in making a determination as to such exclusion; orb. Use information from the criminal records obtained under s. 402.305 or s. 402.3055 for any purpose other than screening that person for employment as specified in those sections or release such information to any other person for any purpose other than screening for employment as specified in those sections.
a. Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any required written documentation for exclusion from licensure pursuant to this section a material fact used in making a determination as to such exclusion; or
b. Use information from the criminal records obtained under s. 402.305 or s. 402.3055 for any purpose other than screening that person for employment as specified in those sections or release such information to any other person for any purpose other than screening for employment as specified in those sections.
5. It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any person willfully, knowingly, or intentionally to use information from the juvenile records of any person obtained under s. 402.305 or s. 402.3055 for any purpose other than screening for employment as specified in those sections or to release information from such records to any other person for any purpose other than screening for employment as specified in those sections.

(e)

The department and the nonpublic school accrediting agencies are encouraged to develop agreements to facilitate the enforcement of the minimum child care standards as they relate to the schools which the agencies accredit.

(3)

INSPECTION FEE.—The department shall establish a fee for inspection activities performed pursuant to this section, in an amount sufficient to cover costs. However, the amount of such fee for the inspection of a school shall not exceed the fee imposed for child care licensure pursuant to s. 402.315.

Source: Section 402.3025 — Public and nonpublic schools, https://www.­flsenate.­gov/Laws/Statutes/2024/0402.­3025 (accessed Aug. 7, 2025).

402.04
Award of scholarships and stipends 402.05
Requisites for holding scholarship and stipend 402.06
Notes required of scholarship holders 402.07
Payment of notes 402.12
National Community Mental Health Centers Act 402.16
Proceedings by department 402.17
Claims for care and maintenance 402.18
Welfare trust funds 402.19
Photographing records 402.20
County contracts authorized for services and facilities for mental health and developmental disabilities 402.22
Education program for students who reside in residential care facilities operated by the Department of Children and Families or the Agency for Persons with Disabilities 402.24
Recovery of third-party payments for medical services 402.26
Child care 402.33
Department authority to charge fees for services provided 402.34
Body corporate 402.35
Employees 402.40
Child welfare training and certification 402.41
Educational materials and training concerning HIV infections and AIDS 402.47
Foster grandparent and retired senior volunteer services to high-risk and handicapped children 402.49
Mediation process established 402.56
Children’s cabinet 402.57
Direct-support organizations 402.62
Strong Families Tax Credit 402.70
Interagency agreement between Department of Health and Department of Children and Families 402.71
Transfer of funds, positions, and budget authority within department 402.73
Contracting and performance standards 402.80
Office of Community Partners 402.81
Pharmaceutical expense assistance 402.82
Electronic benefits transfer program 402.86
Rulemaking authority for refugee assistance program 402.87
Services to immigrant survivors of human trafficking, domestic violence, and other serious crimes 402.88
Persons with Disabilities Registry 402.115
Sharing confidential or exempt information 402.161
Authorization for sale of property 402.164
Legislative intent 402.165
Florida Statewide Advocacy Council 402.166
Florida local advocacy councils 402.167
Duties of state agencies that provide client services relating to the Florida Statewide Advocacy Council and the Florida local advocacy councils 402.181
State Institutions Claims Program 402.185
Productivity enhancing technology 402.261
Child care tax credits 402.301
Child care facilities 402.302
Definitions 402.305
Licensing standards 402.306
Designation of licensing agency 402.307
Approval of licensing agency 402.308
Issuance of license 402.309
Provisional license or registration 402.310
Disciplinary actions 402.311
Inspection 402.312
License required 402.313
Family day care homes 402.314
Supportive services 402.315
Funding 402.316
Exemptions 402.317
Prolonged child care 402.318
Advertisement 402.319
Penalties 402.402
Child protection and child welfare personnel 402.403
Child Protection and Child Welfare Personnel Tuition Exemption Program 402.404
Child Protection and Child Welfare Personnel Student Loan Forgiveness Program 402.715
Office of Quality 402.731
Department of Children and Families certification programs for employees and service providers 402.881
Adult safe houses 402.3025
Public and nonpublic schools 402.3026
Full-service schools 402.3054
Child enrichment service providers 402.3055
Child care personnel requirements 402.3115
Elimination of duplicative and unnecessary inspections 402.3125
Display and appearance of license 402.3131
Large family child care homes 402.7305
Department of Children and Families 402.7306
Administrative monitoring of child welfare providers, and administrative, licensure, and programmatic monitoring of mental health and substance abuse service providers 402.30501
Modification of introductory child care course for community college credit authorized

Current through Fall 2025

§ 402.3025. Pub. & nonpublic schools's source at flsenate​.gov