65C-22.009. Gold Seal Quality Care Program  


Effective on Wednesday, June 12, 2019
  • 1(1) Definitions.

    3(a) “Class I Violation” has the same meaning as provided for the same term in subparagraph 1965C-22.010(2)(d)1., 20F.A.C.

    21(b) “Class II Violation” has the same meaning as provided for the same term in subparagraph 3765C-22.010(2)(d)2., 38F.A.C.

    39(c) “Class III Violation” has the same meaning as provided for the same term in subparagraph 5565C-22.010(2)(d)3., 56F.A.C.

    57(d) Gold Seal Quality Care Provider means a child care facility, regulated by the department or local licensing authority, that meets the accreditation compliance requirements in section 84402.281(1), F.S.

    86(e) “Gold Seal Quality Care Accrediting Association” means an accrediting association that has applied to and been approved by the Department as an accrediting association for the purpose of Gold Seal Designation pursuant to section 121402.281(3), F.S.

    123(f) “Regulated by the Department” means a child care facility that has been licensed by the Department or a child care facility that is exempt from licensure pursuant to section 153402.3025 154or 155402.316, F.S., 157that has agreed to periodic inspection by the Department as part of the application process.

    172(2) Gold Seal Quality Care Provider Requirements.

    179(a) Gold Seal Quality Care Provider Designation.

    186A child care 189facility 190regulated by the Department 194seeking designation as a Gold Seal Quality Care provider shall 204apply to the Department on form CF-FSP Form 5386, Gold Seal Quality Care Provider Application, May 2019, which is hereby incorporated by reference, and provide all supporting documentation required by the form. This form may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: 252http://www.flrules.org/Gateway/reference.asp?No=Ref-10472254. Once reviewed and approved by the Department, the designation will be issued in the legal name of the provider. The designation will be effective the date approved by the Department through the duration of the provider’s accreditation certification, up to a maximum of five years, unless terminated by the Department or voluntarily surrendered by the provider, or if accreditation is revoked by the accrediting association.

    320(b) A child care facility operating on a military installation must submit to the Department copies of any inspection reports conducted by the Department of Defense within 15 business days from the date of the inspection. The Department will review the inspection to determine compliance with criteria for the issuance of and to maintain an active Gold Sealy Quality Care Provider Designation.

    382(c) In order to obtain and maintain Gold Seal designation, the applicant must:

    3951. Be accredited by an approved Gold Seal Quality Care Accrediting Association. The name and address on the accrediting association certificate required by form CF-FSP Form 5386, must be the same as on the provider’s license. 431A list of approved accrediting associations may be obtained from the Department’s website at www.myflfamilies.com/childcare.

    4462. Meet the criteria of section 452402.281(4), F.S.

    454(d) To renew a Gold Seal Quality Care designation, the provider must submit CF-FSP Form 5386 at least 30 days prior to expiration of the current designation. The Department cannot guarantee late-filed renewal forms will be processed in time to avoid a lapse in the designation.

    500(3) Gold Seal Quality Care Enforcement.

    506(a) Gold Seal Quality Care providers must maintain accreditation 515and continuously meet the standards established 521by their Gold Seal Quality Care Accrediting Association 529in order to retain their designation. A provider’s Gold Seal designation will be terminated upon expiration of its accreditation, 548or when its accreditation is surrendered or lost. The Gold Seal designation termination will be effective on the expiration date or on the date the accrediting association no longer acknowledges the provider’s accreditation.

    581(b) A provider’s Gold Seal designation will be terminated if the Department or local licensing agency determines the provider has committed a disqualifying minimum standards violation as defined in section 611402.281(4), F.S. 613The termination will be effective as of the date of final agency action on the termination.

    629(c) The Department will notify providers accredited by a Gold Seal accrediting association that has lost its status as an approved accrediting entity and will afford such providers 180 days from the date of notification to obtain a new accreditation certificate from an approved Gold Seal Quality Care Accrediting Association. The Department will thereafter terminate the Gold Seal designation of any provider that is not accredited by an approved accrediting association at the conclusion of the 180-day period.

    707(4) Gold Seal Quality Care Accrediting Association Requirements.

    715(a) An accrediting association seeking recognition as a Gold Seal Quality Care Accrediting Association must:

    7301. Have been active and accrediting child care facilities in Florida for a period of five years prior to submission of an application to the Department.

    7562. Hold an active corporation registration with the Florida Department of State to do business in Florida.

    7733. Submit and meet all requirements outlined on the CF-FSP Form 5315, 785Gold Seal Quality Care Accrediting Association Application, May 2019, which is incorporated by reference. CF-FSP Form 5315 may be obtained from the Department’s website at www.myflfamilies.com/childcare 811or from the following link: 816http://www.flrules.org/Gateway/reference.asp?No=Ref-10508818.

    8194. Submit a crosswalk of the Accrediting Association’s standards with the Department’s Gold Seal Quality Standards.

    835(b) Applications will be accepted only in January and July each year. 847An accrediting association whose application is denied cannot reapply until at least six months from the date of the denial.

    867(c) An application and all supporting documentation submitted by an accrediting association for approval as a Gold Seal Quality Care Accrediting Association will be reviewed in consultation with entities described in section 899402.281(3), F.S. 901Applicants must obtain an overall compliance percentage of 85% or higher of the standards outlined on form CF-FSP 5389, Gold Seal Quality Care Accrediting Association Evaluation Manual for Child Care Facilities, April 2015. This form is incorporated by reference and a copy may be obtained from the Department’s website www.myflfamilies.com/childcare or from the following link: 956http://www.flrules.org/Gateway/reference.asp?No=Ref-05514958. The Department will evaluate applications in the manner described in the Gold Seal Quality Care Program Review Process and Procedures, April 2015 document, which is incorporated by reference and may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: 1002http://www.flrules.org/Gateway/reference.asp?No=Ref-055451004.

    1005(d) The Department’s Gold Seal Quality Care Standards are established in CF-FSP Form 5387, Gold Seal Quality Care Standards for Child Care Programs, April 2015.

    1030(e) A Gold Seal Quality Care Accrediting Association approval is valid only for the entity to which it is issued for a maximum of five years, unless terminated by the Department or voluntarily surrendered during the approved period.

    1068(f) A Gold Seal Quality Care Accrediting Association must annually submit the Attestation on page 5 of the Gold Seal Quality Care Accrediting Association Application, CF-FSP 5315. If changes have occurred, the appropriate supporting documentation of the change must accompany the Attestation.

    1110(g) 1111The following acts or omissions are grounds for revocation of an accrediting association’s approval.

    11251. Failure to notify the Department of a change in the association’s administration, corporate structure or any condition under which the accreditation association was initially approved by the Department.

    11542. Any changes resulting in the Association’s inability to meet the criteria provided in section 1169402.281, F.S.

    1171(h) A Gold Seal Accrediting Association must notify the Department, in writing, within fifteen days of a revocation or expiration of the accreditation of a child care provider in Florida. The notification must include a copy of the revocation or expiration letter issued to the provider, stating the specific reasons for revocation or expiration. Failure to provide the Department such written notification will be grounds for terminating the association’s approval as a Gold Seal Accrediting Association, and the association will be precluded from reapplying for approval for a period of two years.

    1263(i) Gold Seal Quality Care Associations must apply to renew approval by submitting CF-FSP Form 5315 a minimum of six months prior to end of the five-year approval period. A current Gold Seal accrediting association whose approval expires prior to July 1, 2015, and which timely applies for renewal, will not be required to complete the standards crosswalk described in subparagraph (4)(a)4., above, or otherwise demonstrate its accreditation standards meet or exceed the Department’s Gold Seal standards in order to have its approval renewed.

    1347(j) An accrediting association approved under this rule must notify the Department and all of its accredited providers in writing 6 months in advance of any intent to surrender its approval or to allow it to expire. An approved accrediting association which fails to comply with this requirement will be precluded from re-applying for approval for a period of five years from the lapse of the existing approval.

    1415(k) The Department will not recognize Gold Seal accreditations issued by an entity that has not been approved as a Gold Seal Quality Care Accrediting Association.

    1441(l) An Accrediting Association approved by the Department as a Gold Seal Quality Care Accrediting Association may not contract with or otherwise authorize any other entity or parties, including affiliated groups and membership groups or subgroups, to issue accreditations to Florida child care providers for the purposes of Gold Seal designation.

    1492Rulemaking Authority 1494402.281 FS. 1496Law Implemented 1498402.281 FS. 1500History–New 5-1-08, Amended 1-13-10, 8-1-13, 7-7-15, 10-25-17, 6-12-19.