Florida Day Care Centers – How Does Florida Law Define a Child Care Facility?

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Pursuant to Title XXIX – Public Health, Chapter 402 – Health and Human Services: Miscellaneous Provisions, Section 402.302 – Definitions, a “child care facility” mean any child care center or child care arrangement which provides child care for more than 5 children unrelated to the operator of the center and which receives a payment, fee or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.

The following are not considered a “child care facility”:
1. Public and nonpublic schools, as well as their integral programs (except as provided in s.402.3025);
2. Summer camps having children in full-time residence;
3. Summer day camps;
4. Bible schools that are normally conducted during vacation periods; and
5. Operators of transient establishments, which provide child care services solely for the guests of their establishment or resort. The definition of “transient establishment” can be found under Title XXXIII, Chapter 509, section 509.013, Florida Statutes (2011).

Child care facilities are regulated under Chapter 402, Florida Statutes. The purpose of this chapter is to establish statewide minimum standards for the care and protection of children in Florida child care facilities, ensure maintenance of these standards and to enforce regulations through a program of licensing.