DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NOS.:RULE TITLES:
65C-22.001General Requirements
65C-22.008School Age Child Care
65C-22.009Gold Seal Quality Care Program
65C-22.010Enforcement
NOTICE OF CORRECTION
Notice is hereby given that the following correction has been made to the proposed rule in Vol. 45 No. 12, January 17, 2019 issue of the Florida Administrative Register.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule will 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 been prepared by the Agency.
Following is a summary of the SERC:
FIRST AID TRAINING AND PEDIATRIC CARDIOPULMONARY RESUSCITATION (CPR) CERTIFICATION.
The Department used two sets of data in order to estimate costs. The Department pulled provider and child care personnel data from the Childcare Administration, Regulation & Enforcement System (CARES) that was captured during the latest inspection of licensed child care facilities. The Department also utilized the results of a survey conducted of child care providers who participated in public workshops on the proposed rule changes. This data and survey information was used to determine the current level of compliance with proposed training requirements, costs currently incurred for training, and who is responsible for covering the costs of training. Two analyses are provided for comparison.
Analysis One: Child Care Personnel Data
As of November 8, 2018, the CARES database had 68,213 unique active child care personnel records. This reflects child care personnel working in DCF licensed child care facilities and 4 of the 5 local licensing counties, with the exception of Broward County. From that data, the Department examined the data from the CARES personnel records in order to determine which child care personnel already had active CPR certification and/or first aid training. At this time, Broward County does not maintain child care personnel records in the CARES database. Therefore, the following count of child care personnel has been added to account for the county in the analysis. There are 827 Licensed Child Care Facilities in Broward County and calculating an average of 10 staff per facility would equal 8,270 child care personnel. Multiply 8,270 child care personnel x 51% (% of child care personnel records in CARES that notate having current first aid training and CPR certification via survey) the estimated 4,218 already have the first aid and CPR training. Therefore, the Department estimates that 4,052 child care personnel in Broward County may need training.
Estimated total child care personnel needing training: 37,275
32,810 child care personnel need both CPR and First Aid
4,052 Broward child care personnel need both CPR and First Aid
413 child care personnel need only CPR
293 child care personnel need only First Aid
The cost of obtaining Pediatric CPR certification was calculated to be an average of $62.
40% of Child Care Providers surveyed reported paying costs for current annual in-service training requirements for their child care personnel. The training costs for annual in-service training currently being paid by child care providers was reported to be 23% paying in the range of $76-$100 per child care personnel while 21% reported paying $26-$50 per child care personnel. The average of the range of in-service training costs currently being reported as paid by child care providers was calculated to be $65 for child care personnel. The CPR certification training satisfies the requirements of annual in-service training. Therefore, it is estimated that child care providers will cover the cost of the proposed training for 14,910 child care personnel.
As reported via survey, 40% of child care providers cover in-service training costs, so the cost of training for 14,910 child care personnel at an average cost of $65 per child care personnel equates to $969,150 currently paid annually by providers for in-service training that was already required.
It is then calculated that 14,910 x $62 = $924,420. When this per year amount is divided over the 2 years granted to providers to obtain compliance it equals $462,210 per year. Therefore, the Department estimates under this analysis the cost impact of the rule for training is neutral. In some cases, providers would be saving money on training costs.
Analysis Two: Child Care Provider Data
From the information from child care providers surveyed, it is estimated 5,740 (84%) reported that they required all child care personnel to obtain First Aid training/Pediatric CPR certification as a condition of employment prior to hiring them. 1,094 Licensed Child Care Facilities reported that they do not already require First Aid training and Pediatric CPR certification for all child care personnel.
Considering that an average of 10 child care personnel work at each facility where CPR certification is not already a condition of employment, an estimated 10,940 child care personnel will be required to obtain CPR certification.
Of the child care providers that were surveyed, 54% report paying the cost for first aid training and CPR certification for their child care personnel. However, as noted above only 40% of child care providers surveyed reported paying the costs for in-service training for child care personnel. As noted above, the average cost for Pediatric CPR certification is $62.
Therefore, since 40% of child care providers report that they cover the costs for training of their child care personnel, it is estimated that child care providers will pay the costs for 4,376 child care personnel in need of the training required by the proposed rule.
The overall estimated cost for training is calculated as 4,376 x $62 = $271,312. Since the proposed rule allows a two-year window to obtain training prior to monitoring for compliance, the annual estimated cost is $135,656 ($271,312/2 = $135,656).
Currently, training costs paid for by child care providers averages $65 per year. 4,376 child care personnel need to complete the training as proposed in this rule over a two-year period. Without the proposed rule, is estimated approximately $284,440 is spent annually by child care providers to cover training costs already required by Florida Statute. The costs currently being paid for training versus the cost to obtain the pediatric CPR certification will net a cost savings to small businesses in Florida of $148,784 annually.
Therefore, the cost associated with the proposed rule is deemed cost neutral to child care providers.
COMBINATION SINKS
Three known providers licensed that use sinks for handwashing after toileting or diapering activities.
If the combination sink is used for handwashing after toileting and/or diapering activities, then the water fountain that is part of the sink must be made inaccessible; this can be achieved by simply covering the water fountain with a plastic bag and taping the bag closed. The cost for a box of 80-quart size Ziploc bags is $7.99, and the cost for a roll of duct tape is $3.49. The estimated impact to cover the water fountain is estimated to be $11.48 per facility, multiplied by the three known providers is $11.48 x 3= $34.44.
A child care facility must meet the requirement that water is available for children and if the water fountain has to be made inaccessible, the facility can purchase and provide plastic water pitchers ($1 each at estimated 10 classrooms per facility for a cost of $10) and paper cups ($73.00 for a case of 1200 5 oz cups). At $83 per provider it totals $249.
Another solution would be for the facility to request parents/guardians provide water bottles daily for their child to offset costs. This option would be zero cost to the facility to meet the proposed standard.
The individual estimated costs per facility ranges from $0 to $83.00.
FIRE EXTINGUISHER IN VEHICLES USED TO TRANSPORT CHILDREN
The Department utilized data from the Childcare Administration, Regulation & Enforcement System (CARES) that is captured at the time of license renewal or change. According to CARES, 1,745 licensed child care facilities report providing transportation services. The cost for an extinguisher that is auto grade at Home Depot is $18.98; therefore, the estimated cost is $33,120 for all licensed child care facility to outfit at least one vehicle.
The facility estimated costs could be as low as $18.98 for the 10 B-C Auto/Marine Fire Extinguisher, but this factor is dependent upon the number of vehicles owned and operated by a facility that are used for transportation of children in care.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.
The notice of proposed rule incorrectly states the notice of rule development was published on July 12, 2018. The notice of rule development was, in fact, published on July 13, 2018.
