The Department intends to amend rules 65C-20.008 and .012, F.A.C., to add provisions related to the Child Safety Alarm Act, Chapter 2021-120, Laws of Florida.. Section 402.305, F.S., was amended by the 2021 legislature wherein ....

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-20.008Application

65C-20.012Enforcement

PURPOSE AND EFFECT: The Department intends to amend rules 65C-20.008 and .012, F.A.C., to add provisions related to the Child Safety Alarm Act, Chapter 2021-120, Laws of Florida. Section 402.305, F.S., was amended by the 2021 legislature wherein provisions were added requiring the Department to adopt by rule minimum safety standards for vehicle alarm systems.

SUMMARY: The amendments add provisions regarding vehicle alarm systems in the Family Day Care Home and Large Family Child Care Home Handbook, as well as the corresponding Large Family Child Care Home Standards Classification Summary.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 402.309, 402.313, 402.3131, 402.405 F.S.

LAW IMPLEMENTED: 402.302(13), 402.305, 402.309, 402.313, 402.3131 F.S

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

65C-20.008 Application.

(1) through (6) No change.

(7) Family Day Care Home and Large Family Child Care Home Standards. Family Day Care Homes and Large Family Child Care Homes must follow the standards found in the “Family Day Care Home and Large Family Child Care Home Handbook,” October 2021 May 2019, incorporated herein by reference. The handbook may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 10488.

(8) No change.

(9) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 402.309, 402.313, 402.3131, 402.405 FS. Law Implemented 402.302(13), 402.305, 402.309, 402.313, 402.3131 FS. History–New 7-2-98, Amended 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10, 10-25-17, 6-12-19.  Amended____

65C-20.012 Enforcement.

This rule establishes the grounds under which the Department may 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.

(1) Definitions

(a) through (d) No change.

(e) “Violation” is a noncompliance with a licensing standard as described in an inspection report resulting from an inspection under Section 402.311, F.S., as follows with regard to Class I, Class II, and Class III Violations.

1. “Class I Violation” is an incident of noncompliance with a Class I standard as described on CF-FSP Form 5318, May 2019, Family Day Care Home Standards Classifications Summary and CF-FSP Form 5317, October 2021 May 2019, Large Family Child Care Home Standards Classification Summary, which is incorporated by reference. A copy of CF-FSP Forms 5318 and 5317 may be obtained from the Department’s website www.myflfamilies.com/childcare or from the following links: http://www.flrules.org/Gateway/reference.asp?No=Ref-10486, and http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 10485. 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.

2. through 3. No change.

(2) through (5) No change.

(6) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 402.310, 402.313, 402.3131, 402.405 FS. Law Implemented 402.305, 402.310, 402.313, 402.3131 FS. History–New 7-2-98, Amended 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10, 10-25-17, 6-12-19. Amended____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hue Reynolds

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 4, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 10, 2021