65C-22.010. Enforcement  


Effective on Wednesday, June 12, 2019
  • 1This rule establishes the grounds under which the Department shall issue an administrative fine, deny, suspend, revoke a license or registration or place a licensee or registrant on probation status as well as uniform system of procedures to impose disciplinary sanctions.

    42(1) Definitions.

    44(a) “Day” means a weekday, excluding weekends and holidays.

    53(b) “Probation” is a licensing status indicating the license is in jeopardy of being revoked or not renewed due to violations of licensing standards. Probation may require the licensee to comply with specific conditions intended to ensure that the licensee comes into and maintains compliance with licensing standards. Examples of such conditions are: a deadline to remedy an existing violation, a specified period during which compliance with licensing standards must be strictly maintained; and specified conditions under which the facility must operate during the probationary period.

    139(c) “Standards” are requirements for the operation of a licensed facility provided in statute or in rule.

    156(d) “Technical Assistance” means a Department offer of assistance to a licensee or registrant to correct the statutory or regulatory violations.

    177(e) “Violation” means noncompliance with a licensing standard as described in an inspection report resulting from an inspection under section 197402.311, F.S., 199as follows with regard to Class I, Class II, and Class III Violations.

    2121. “Class I Violation” is an incident of noncompliance with a Class I standard as described on CF-FSP Form 5316, May 2019 Child Care Facility Standards Classification Summary and CF-FSP Form 5427, May 2019, School-Age Child Care Facility Standards Classification Summary, which are incorporated by reference. Copies of the CF-FSP Form 5316 and CF-FSP Form 5427 may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following links: 282http://www.flrules.org/Gateway/reference.asp?No=Ref-10471 284and 285http://www.flrules.org/Gateway/reference.asp?No=Ref-10473287. However, any violation of a Class II standard that results in death or serious harm to a child shall escalate to a Class I violation. The effective date of a termination of a provider’s Gold Seal Quality Care designation is the date of the Department’s written notification to the provider. However, any violation of a Class II standard that results in death or serious harm to a child shall escalate to a Class I violation. Class I violations are the most serious in nature.

    3722. “Class II Violation” is an incident of noncompliance with an individual Class II standard as described on CF-FSP Form 5316. Class II violations are less serious in nature than Class I violations.

    4053. “Class III Violation” is an incident of noncompliance with an individual Class III standard as described on CF-FSP Form 5316. Class III violations are less serious in nature than either Class I or Class II violations.

    442(2) Disciplinary Sanctions.

    445(a) Enforcement of disciplinary sanctions 450for all Class I violations and for repeated Class II and Class III violations 464shall be applied progressively for each standard violation. The document entitled, Reconciliation of 2012 and 2017 Child Care Facility Classification Summaries, CF-FSP Form 5420, October 2017, which is incorporated into this rule, provides an alignment of the 2012 and 2017 Child Care Facility Classification Summaries for purposes of progressive enforcement. A copy of the CF-FSP Form 5420 may be obtained from the Department’s website or from the following link: 533http://www.flrules.org/Gateway/reference.asp?No=Ref-08741535. 536In addition, providers will be offered technical assistance in conjunction with all violations. 549The classification of standard violations within the Child Care Facility Standards Classification Summary and the progressive disciplinary actions prescribed for each class by this rule are based on the provisions of Section 581402.310(1)(b), FS583.

    584(b) A grace period is provided, wherein a violation of a standard that has occurred more than two years prior to a subsequent violation of the same standard will not be counted for purposes of progressive discipline. However, for the purposes of continued licensure or registration, the program’s violation history will be considered. 637A violation that has been withdrawn by the Department or has been dismissed as the result of an administrative proceeding held pursuant to chapter 120, F.S., contesting an administrative complaint will not be counted for purposes of progressive discipline. A violation that is only reflected in an inspection report does not relieve the Department of its burden to prove that violation for purposes of progressive discipline upon the alleged occurrence of a subsequent violation711.

    712(c) Failure to submit a completed CF-FSP Form 5017, Application for a License to Operate a Child Care Facility, which is incorporated by reference in paragraph 73865C-22.001(1)(a), 739F.A.C., for renewal of an annual license at least 45 days prior to the expiration date of the current license constitutes a licensing violation. The Department shall impose an administrative fine of $50.00 for the first occurrence, $100.00 for the second occurrence, and $200.00 for each subsequent occurrence within a five year period.

    792(d) Disciplinary sanctions for licensing violations shall be progressively enforced as follows:

    8041. Class I Violations.

    808a. For the first and second violation of a Class I standard, the Department 822shall, upon applying the factors in section 829402.310(1), F.S., 831impose a fine not less than $100838.00 839nor more than $500843.00 844per day for each violation, and may impose other disciplinary sanctions in addition to the fine.

    860b. For the third and subsequent violation of a Class I standard, the Department shall suspend, deny or revoke the license881. 882The Department, upon applying the factors in section 890402.310(1), F.S., 892may also impose a fine not less than $100.00 nor more than $500.00 per day for each violation in addition to any other disciplinary sanction.

    9172. Class II Violations.

    921a. For the second violation of the same 929Class II 931standard, the 933Department 934shall impose an administrative fine of $50.00 for each such violation.

    945b. For the third violation of the same Class II standard, the Department shall impose an administrative 962fine of $60.00 per day for each such violation971.

    972c. For the fourth violation of the same 980Class II 982standard, the 984Department 985shall 986place the provider’s license on probation status for a period not to exceed six months, 1001and shall also impose a fine of $75.00 per day for each such violation.

    1015d. For the fifth and subsequent violation of the same Class II standard, the 1029D1030epartment shall suspend, deny, or revoke the license, and shall also impose an administrative fine of $100.00 per day for each such violation.

    10533. 1054Class III Violations.

    1057a. For the third violation of the same Class III standard, the 1069Department 1070shall impose an administrative fine of $25.00 for each such violation.

    1081b. For the fourth violation of the same Class III standard, the Department shall impose an administrative fine of $30.00 per day for each such violation.

    1107c. For the fifth violation of the same Class III standard, the Department shall place the provider’s license on probation status for a period not to exceed six months, and shall also impose an administrative fine of $40.00 per day for each such violation. However, for the fifth violation of a Children’s Health and Immunization standard, the Department will not place the provider’s license on probation status.

    1174d. For the sixth and subsequent violation of a Class III standard, the Department shall suspend, deny, or revoke the license, and the Department shall also impose an administrative fine of $50.00 per day for each such violation. 1212However, for the sixth and subsequent violation of the same Class III Children’s Health and Immunization standard, the Department will place the provider’s license or registration on probation status for a period not to exceed six months in lieu of suspending, denying, or revoking the license or registration.

    1260(3) When the Department has reasonable cause to believe that grounds exist for the denial, suspension, or revocation of a license or registration, the conversion of a license or registration to probation status, or the imposition of an administrative fine, it shall determine the matter in accordance with procedures prescribed in chapter 120, F.S. Imposition of an administrative fine shall be accomplished through an administrative complaint. Denial of a license or registration or conversion to probationary status pursuant to section 1340402.310, F.S., 1342may be accomplished through an administrative complaint or a notice of intent to deny a pending renewal application.

    1360Rulemaking Authority 1362402.305, 1363402.310 FS. 1365Law Implemented 1367402.305, 1368402.310 FS. 1370History–New 5-1-08, Amended 1-13-10, 8-1-13, 10-25-17, 6-12-19.