The rules are being amended to add a definition for violation, clarify definitions for Class I, II, and III violations, clarify requirements for obtaining and maintaining a Gold Seal Quality Care designation, make technical ....

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NOS.:RULE TITLES:

6M-10.001Gold Seal Quality Care Program

6M-10.002Gold Seal Quality Care Accrediting Associations

PURPOSE AND EFFECT: The rules are being amended to add a definition for violation, clarify definitions for Class I, II, and III violations, clarify requirements for obtaining and maintaining a Gold Seal Quality Care designation, make technical changes, add standards for child care facilities that were inadvertently omitted in the last rule promulgation, remove the reconsideration language, and clarify the information required in the accrediting association annual self-assessment survey, and amend the timeframe for providers to obtain a new accreditation, and clarify other requirements as necessary.

SUMMARY: The rules and incorporated forms outline the Gold Seal Quality Care Program requirements for child care providers and accrediting associations.

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 office's economic analysis of the adverse impact or potential regulatory costs of the proposed rule does not exceed any of the criteria established in section 120.541(2)(a), F.S. and will not 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: 1001.02(1), (2)(n), 1002.945, F.S.

LAW IMPLEMENTED: 1002.945, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 18, 2023, 9:00 a.m.

PLACE: Nassau County School Board Office, 1201 Atlantic Avenue, Fernandina Beach, FL 32034.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Katerina Maroney, Deputy Director of Programs and Policy, [phone] or email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-10.001 Gold Seal Quality Care Program.

(1) Definitions.

(a) No change.

(b) “Class I Violation” is an incident of noncompliance with a Class I standard as described by the Department of Children and Families (DCF) on CF-FSP Form 5316 and CF-FSP Form 5427 in Rule 65C-22.010, F.A.C., and CF-FSP Form 5318, and CF-FSP Form 5317 in Rule 65C-20.-012, F.A.C. or the local licensing agency. Class I violations are the most serious in nature.

(c) “Class II Violation” is an incident of noncompliance with an individual Class II standard as described by the DCF on CF-FSP Form 5316 and CF-FSP Form 5427 in Rule 65C-22.010, F.A.C., CF-FSP Form 5318, and CF-FSP Form 5317 in Rule 65C-20-012, F.A.C. or the local licensing agency. Class II violations are less serious in nature than Class I violations. A Class II standard violation resulting in death or serious harm to a child shall escalate to a Class I violation.

(d) “Class III Violation” is an incident of noncompliance with an individual Class III standard as described by the DCF on CF-FSP Form 5316 and CF-FSP Form 5427 in Rule 65C-22.010, F.A.C., CF-FSP Form 5318, and CF-FSP Form 5317 in Rule 65C-20-012, F.A.C. or the local licensing agency. Class III violations are less serious in nature than Class I or Class II violations.

(e) “Gold Seal Quality Care Accrediting Association” means an accrediting association that has applied to and been approved by the Division of Early Learning (DEL) as an accrediting association for the purpose of Gold Seal Quality Care designation pursuant to Section 1002.945(3), F.S.

(f)(e) “Gold Seal Quality Care Provider” means a child care facility, family day care home, or large family child care home regulated by the DCF, local licensing agency authority, or the United States Department of Defense, that meets the accreditation compliance requirements in Section 1002.945(1), F.S.

(f) “Gold Seal Quality Care Accrediting Association” means an accrediting association that has applied to and been approved by the DEL as an accrediting association for the purpose of Gold Seal Designation pursuant to Section 1002.945(3), F.S.

(g) “Violation” means noncompliance with a licensing standard as described in an inspection report resulting from an inspection under Section 402.311, F.S.

(2) Gold Seal Quality Care Provider Requirements.

(a) Gold Seal Quality Care Provider Designation. A child care facility, licensed family day care home, or large family child care home seeking designation as a Gold Seal Quality Care provider must shall apply to the DEL on Form DEL-GS05, Gold Seal Quality Care Provider Application, February 2023 May 2022, which is hereby incorporated by reference, and provide all supporting documentation required by the form. This form may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-14188. Once reviewed and approved by the DEL, the designation will be issued in the legal name of the provider. The designation will be effective on the date approved by the DEL through the duration of the provider’s accreditation certification, up to a maximum of five (5) years, unless terminated by the DEL or voluntarily surrendered by the provider, or if accreditation is revoked by the accrediting association.

(b) A child care facility, licensed family day care home, or large family child care home operating on a military installation must submit to the DEL copies of any inspection reports conducted by the United States Department of Defense within fifteen (15) business days from the date of the inspection. The DEL will review the inspection to determine compliance with criteria for the issuance and maintenance of an active Gold Seal Quality Care Provider dDesignation.

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

1. Be operational and attended by children for a minimum of one (1) year. Providers with other locations that are in good standing with the accrediting association, that meet the criteria outlined in Section 1002.945(4), F.S., is inspected for health and safety standards as prescribed by the DCF, the local licensing agency, or the United States Department of Defense, and that have been operational with children in attendance for a minimum of one (1) year shall be exempt from the one (1) year requirement at any new locations.

2. 1. Be accredited by an approved Gold Seal Quality Care Accrediting Association. The name and address on the accrediting association certificate required by Form DEL-GS05 must be the same as that on the provider’s license. A list of approved accrediting associations may be obtained from the DEL’s website at www.floridaearlylearning.com.

3. 2. Be inspected for compliance with health and safety standards, as prescribed by the DCF, the local licensing agency authority, or the United States, Department of Defense, prior to approval for the Gold Seal Quality Care Program and to meet the criteria outlined in Section 1002.945(4), F.S. The most recent inspection cannot be older than two (2) years from the date of application.

(d) To renew a Gold Seal Quality Care designation, the provider must submit Form DEL-GS05 at least thirty (30) calendar days prior to expiration of the current designation. The DEL cannot guarantee that late-filed renewal forms will be processed in time to avoid a lapse in the designation. Designations are effective on the date the application is approved.

(3) Gold Seal Quality Care Enforcement.

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

(b) A provider’s Gold Seal Quality Care designation will be terminated if the Department of Children and Families, or local licensing agency, or the United States Department of Defense determines the provider has committed a disqualifying minimum standards violation as defined in Section 1002.945(4), F.S. The termination will be effective as of the date of final agency action on the termination. Providers are eligible to reapply for the Gold Seal Quality Care Program in accordance with the timeframes specified in Section 1002.945(4), F.S.

(c) The DEL will notify Pproviders that are accredited by a Gold Seal Quality Care Aaccrediting Aassociation that has lost its status as an approved accrediting association entity and will be notified by the DEL and be afforded afford one year such providers one hundred eighty (180) calendar days from the date of notification, to obtain a new accreditation certificate from an approved Gold Seal Quality Care Accrediting Association. The DEL will thereafter terminate the Gold Seal Quality Care designation of any provider that is not accredited by an approved accrediting association at the conclusion of the one (1) year 180-day period.

(d) In the event that a provider receives notice that the Department intends to revoke the current Gold Seal designation, or deny the provider’s application for a Gold Seal designation, as a result of a Class I violation being committed within the preceding two (2) years of receiving the notice, the provider may request that the Department recommend to the State Board that the provider be permitted to maintain its Gold Seal designation based on the grounds established in Section 1002.945(4)(b), F.S. 

1. The provider must submit a written request and the following documentation to the Department:

a. The owner of the child care facility, family day care home, or large family child care home, which may be an individual, partnership, limited liability company (LLC), corporation, or other business or ownership entity recognized by the State of Florida, must provide documentation of being continuously in business and licensed or license exempt by the DCF, the local licensing authority, or the United States, Department of Defense for at least five (5) years prior to date of the notice; and

b. The child care facility, family day care home, or large family child care home must provide documentation of inspections that support there are no other Class I violations recorded by the DCF, the local licensing authority, or the United States, Department of Defense.

2. The provider must submit the written request and documentation within twenty-one (21) days of the date of the notice.  The Department may request additional information from providers to supplement their request to address any deficiencies identified by the Department.

Rulemaking Authority 1002.945 FS. Law Implemented 1002.945 FS. History–New 5-1-08, Amended 1-13-10, 7-7-15, 10-25-17, 6-12-19, Formerly 65C-20.014, Amended 5-3-22,

 

6M-10.002 Gold Seal Quality Care Accrediting Associations.

(1) Definitions.

(a) Gold Seal Quality Care Provider means a child care facility, family day care home, or large family child care home regulated by the Department of Children and Families (DCF), local licensing authority, or the United States, Department of Defense that meets the accreditation compliance requirements in Section 1002.945(1), F.S.

(a)(b) “Accrediting Association” means an entity that certifies early and school-age care providers and accredits programs that meet or exceed heightened standards, following self-study and observation that standards are met and continue to be met during the period of accreditation.

(b)(c) “Gold Seal Quality Care Accrediting Association” means an accrediting association that has applied to and been approved by the Division of Early Learning (DEL) as an accrediting association for the purpose of Gold Seal Quality Care dDesignation pursuant to Section 1002.945(3), F.S.

(c) “Gold Seal Quality Care Provider” means a child care facility, family day care home, or large family child care home regulated by the Department of Children and Families (DCF), local licensing agency, or the United States Department of Defense, that meets the accreditation compliance requirements in Section 1002.945(1), F.S.

(2) Gold Seal Quality Care Accrediting Association Requirements.

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

1. Have been active and accrediting child care facilities, licensed family day care homes, or large family child care homes in Florida for a period of five (5) years immediately prior to submission of an application to the DEL.

2. through 3. No change.

4. Submit a crosswalk of the aAccrediting aAssociation’s standards with the DEL’s Gold Seal Quality Care sStandards.

(b) No change.

(c) An application and all supporting documentation submitted by an accrediting association for approval as a Gold Seal Quality Care Accrediting Association will be evaluated in the manner described in Form DEL-GS07, Gold Seal Quality Care Program Review Process and Procedures, May 2022, which is incorporated by reference. Form DEL-GS07 and may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-14190).

(d) Applicants must obtain an overall compliance percentage of 85% or higher of the standards outlined on Form DEL-GS02, Gold Seal Quality Care Accrediting Association Evaluation Manual for Family Day Care Homes and Large Family Child Care Homes, February 2023 May 2022, or Form DEL-GS04, Gold Seal Quality Care Accrediting Association Evaluation Manual for Child Care Facilities, February 2023 May 2022. These forms are incorporated by reference and copies a copy may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-14191). An aAccrediting aAssociation approved by the DEL as a Gold Seal Quality Care Accrediting Association under this rule must ensure, when issuing accreditations to Florida child care providers for the purposes of Gold Seal Quality Care designation, that the child care providers have met an overall compliance percentage of 85% or higher under the association’s accreditation standards.

(e) The DEL’s Gold Seal Quality Care sStandards are established in Form DEL-GS03, Gold Seal Quality Care Accrediting Standards for Child Care Facilities, February 2023 May 2022, and Form DEL-GS01, Gold Seal Quality Care Accrediting Standards for Family Day Care Homes and Large Family Child Care Homes, February 2023 May 2022., These forms which are incorporated by reference and copies may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-14192).

(f) No change.

(g) A Gold Seal Quality Care Accrediting Association must annually submit the Attestation page of Form DEL-GS06, the Gold Seal Quality Care Accrediting Association Application, Form DEL-GS06, on or before July 1st. If changes have occurred, the appropriate supporting documentation of the change must accompany the Attestation.

(h) The following acts or omissions are grounds for revocation of an accrediting association’s approval:.

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

2. Any changes resulting in the accrediting aAssociation’s inability to meet the criteria provided in Section 1002.945(3), F.S.

3. Contracting with or otherwise authorizing 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 Quality Care designation.

4. Acts of fraud committed by an accrediting association.

(i) A Gold Seal Quality Care Accrediting Association must notify the DEL, in writing, within fifteen (15) calendar days following of a revocation or expiration of the accreditation of a child care facility, family day care home, or large family child care home 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 DEL such written notification will be grounds for terminating the association’s approval as a Gold Seal Quality Care Accrediting Association, and the association will be precluded from reapplying for approval for a period of two (2) years.

(j) Gold Seal Quality Care Accrediting Associations must apply to renew approval by submitting Form DEL-GS06, Gold Seal Quality Care Accrediting Association Application, a minimum of six (6) months prior to end of the five-year approval period.

(k) through (l) No change.

(m) An aAccrediting aAssociation approved by the DEL 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 Quality Care designation.

(n) Gold Seal Quality Care Accrediting Associations must submit quarterly reports as required in section V of the Form DEL-GS06, Gold Seal Quality Care Accrediting Association Application, that includes the name and full address of each accredited child care program, the effective accreditation date effective and expiration date for each program, and any programs for which accreditation has expired or been terminated during the quarter. Failure to submit quarterly reports of accredited child care programs will be grounds for terminating the accrediting association’s approval as a Gold Seal Quality Care Accrediting Association. DEL will provide recommend the reason and recommend the length of the termination to the State Board.

(o) Any accrediting associations that were designated as a Gold Seal Quality Care Accrediting Association without being required to apply must submit an application and all supporting documentation by December 31, 2022 for approval as a Gold Seal Quality Care Accrediting Association. Child care providers accredited by these associations will shall remain eligible to use their accreditation to obtain and maintain a Gold Seal Quality Care designation until the accrediting association has been approved or denied by the DEL. Child care providers accredited by these associations will remain subject to the requirements outlined in Rule 6M-10.001, F.A.C.

(3) Gold Seal Quality Care Accrediting Association Audits.

(a) No change. 

(b) Results from the audit shall be provided to the accrediting association upon DEL’s determination that the audit is complete. Any issue of noncompliance with the criteria in Section 1002.945(3)(a)4., F.S., will shall result in corrective action or termination as a Gold Seal Quality Care Aaccrediting Aassociation.

1. If the DEL determines that an accrediting association is not in compliance with Section 1002.945(3)(a)4., F.S., the accrediting association will be notified of corrective action requirements and the deadline to implement and comply with such requirements. Failure to comply with corrective actions within the timeframe indicated in the corrective action notice will shall result in termination as a participating Gold Seal Quality Care Accrediting Association.

2. The DEL shall notify an accrediting association of termination as a participating Gold Seal Quality Care Accrediting Association a minimum of two (2) weeks prior to the termination date. Termination from participation as a Gold Seal Quality Care Accrediting Association will shall be in effect for a minimum of two (2) years but not more than five (5) years. DEL will provide recommend the reason and recommend the length of the termination to the State Board.

(c) A Gold Seal Quality Care Accrediting Association must annually submit Form DEL-GS08, the Gold Seal Accrediting Associations Annual Self-Assessment Survey, Form DEL-GS08, February 2023 May 2022, on or before October 1st. This form is incorporated by reference and a copy may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-14193). If changes have occurred since the previous submission, the appropriate supporting documentation of the change must accompany the survey.

Rulemaking Authority 1002.945 FS. Law Implemented 1002.945 FS. History–New 5-1-08, Amended 1-13-10, 8-1-13, 7-7-15, 10-25-17, 6-12-19, Formerly 65C-22.009, Amended 5-3-22,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, Deputy Director of Programs and Policy.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 08, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2022