Child Care License Requirements

How does Florida regulate and authorize licenses?   

A “license” to regulate professions and occupations means any permit, registration, certificate, or license issued in Florida. An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).  

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements. 

Need help receiving, renewing, or defending your license? Schedule your consultation today with a top administrative law and licensing attorney.  

Which laws and regulations apply to child care licenses in Florida?  

The Department of Children and Families (DCF) regulates child care licenses in Florida. DCF establishes and enforces standards for child care facilities through the Florida Statutes Chapter 402 and the Florida Administrative Code Chapter 65C-22. 

Chapter 402, specifically Section 402.305, governs child care facility licensing requirements and regulations. Chapter 65C-22 establishes the specific rules and procedures for obtaining and maintaining a child care license in Florida. 

In addition to state regulations, child care providers must comply with federal laws, such as the Child Care and Development Block Grant Act of 2014, which sets requirements for health and safety, and the Americans with Disabilities Act, which ensures equal access to services for children with disabilities. 

What are the application and retention requirements for child care licenses in Florida? 

Application Requirements:

Applicants must fulfill several criteria to apply for a child care license in Florida, as outlined in the Florida Administrative Code 65C-22.001. These include: 

• Submitting a completed Child Care Facility License Application to the appropriate DCF regional office. 
• Providing proof of zoning approval and fire inspection. 
• Developing written operational policies and procedures. 
• Obtaining a satisfactory background screening for all staff and volunteers. 
• Completing the required training, such as the Child Care Facility Rules and Regulations Course and the Department of Health’s Child Care Food Program. 

Retention Requirements:

To maintain a child care license over time, licensees must adhere to several requirements. These include: 

• Ensuring that staff complete ongoing training. 
• Complying with the staff-to-child ratio requirements. 
• Meeting health and safety standards, such as immunization records, sanitation practices, and emergency preparedness. 
• Ensuring accessibility and accommodation for children with disabilities under the ADA.  
• Conducting annual inspections, including fire safety and environmental health inspections.  
• Maintaining accurate records for each child, including enrollment forms, medical records, and emergency contact information.  

To determine whether you meet the requirements for a child care license, please contact our office to set up your initial consultation. 

Can the DCF’s license decision be appealed?  

Yes, an adverse license decision made by the DCF is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA), Chapter 120 of the Florida Statutes. The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review. The right to appeal derives from Florida Statutes §120.569 and §120.57.  

If an applicant or licensee receives an adverse decision from the DCF, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes. 

The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code. If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ). 

The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The DCF then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations. 

Suppose the petitioner is unsatisfied with the DCF’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes. The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law. 

Have more questions about a professional licensing-related situation?  

Crucially, this overview of child care licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances. 

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively. 

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant. 

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.