Rules 6M-10.001 and 6M-10.002, F.A.C., are amended to comply with section 1002.945, F.S., within Chapter 2021-10, Laws of Florida, section 10 (HB 419). The department shall approve child care facilities, family day care ....

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NOS.:RULE TITLES:

6M-10.001Gold Seal Quality Care Program for Family Day Care and Large Family Child Care Homes

6M-10.002Gold Seal Quality Care Program for Regulated Child Care Facilities

PURPOSE AND EFFECT: Rules 6M-10.001 and 6M-10.002, F.A.C., are amended to comply with section 1002.945, F.S., within Chapter 2021-10, Laws of Florida, section 10 (HB 419). The department shall approve child care facilities, family day care homes, and large family child care homes that are accredited by an accrediting association approved by the department, meet all other requirements to obtain and maintain the designation, and apply to the Gold Seal Quality Care program. The department shall establish a process that verifies that the accrediting association meets the provisions of section 1002.945(3)(a), F.S., which must include an auditing program and any other procedures that may reasonably determine an accrediting association’s compliance with this section.

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.

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: 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: March 30, 2022, 9:00 a.m.

PLACE: Collier County School Board Office, 5775 Osceola Trail, Naples, FL 34109.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Katerina Maroney, 250 Marriott Drive, Tallahassee, FL 32399, [phone] or email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-10.001 Gold Seal Quality Care Program for Family Day Care and Large Family Child Care Homes.

(1) Definitions.

(a) “Child care” means the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care.

(b) (a) “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., CF-FSP Form 5318, and CF-FSP Form 5317 in Rule 65C-20-012, F.A.C., or by the Division of Early Learning (DEL) on Form OEL-SR-6201, Form OEL-SR-6203, and Form OEL-SR-6205 in Rule 6M-4.620, F.A.C. Class I violations are the most serious in nature. has the same meaning as provided for the same term in subparagraph 65C-20.012(1)(e)1., F.A.C.

(c) (b) “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 by the DEL on Form OEL-SR-6201, Form OEL-SR-6203, and Form OEL-SR-6205 in Rule 6M-4.620, F.A.C. 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. has the same meaning as provided for the same term in subparagraph 65C-20.012(1)(e)2., F.A.C.

(d) (c) “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 by the DEL on Form OEL-SR-6201, Form OEL-SR-6203, and Form OEL-SR-6205 in Rule 6M-4.620, F.A.C. Class III violations are less serious in nature than Class I or Class II violations. has the same meaning as provided for the same term in subparagraph 65C-20.012(1)(e)3., F.A.C.

(e) (d) Gold Seal Quality Care Provider means a child care facility, family day care home, or large family child care home regulated licensed by the DCF, Department or local licensing authority, or the Department of Defense that meets the accreditation compliance requirements in section 1002.945(1) 402.281(1), F.S.

(f) (e) “Gold Seal Quality Care Accrediting Association” means an accrediting association that has applied to and been approved by the DEL Department as an accrediting association for the purpose of Gold Seal Designation pursuant to section 1002.945(3) 402.281(3), 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 program seeking designation as a Gold Seal Quality Care provider shall apply to the DEL Department on Form DEL-GS05 form CF-FSP Form 5386, Gold Seal Quality Care Provider Application, May 2022 2019, which is hereby incorporated by reference, and provide all supporting documentation required by the form. This form may be obtained from the DEL’s Department’s website at www.floridaearlylearning.com www.myflfamilies.com/childcare or from the following link: (insert link) http://www.flrules.org/Gateway/reference.asp?No=Ref-10579. Once reviewed and approved by the DEL Department, the designation will be issued in the legal name of the provider. The designation will be effective the date approved by the DEL Department through the duration of the provider’s accreditation certification, up to a maximum of five (5) years, unless terminated by the DEL Department 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 Department copies of any inspection reports conducted by the Department of Defense within fifteen (15) 15 business days from the date of the inspection.  The DEL Department will review the inspection to determine compliance with criteria for the issuance and maintenance of an active Gold Seal Quality Care Provider Designation.

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

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 CF-FSP Form 5386 must be the same as that on the provider’s license. A list of approved accrediting associations may be obtained from the DEL’s Department website at www.floridaearlylearning.com www.myflfamilies.com/childcare.

2. Be inspected for compliance with health and safety standards, as prescribed by the Department of Children and Families, the local licensing authority, or the United States, Department of Defense, prior to approval for the Gold Seal Quality Care Program 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.

2. Meet the criteria of Section 402.281(4), F.S.

(d) To renew a Gold Seal Quality Care designation, the provider must submit Form DEL-GS05 CF-FSP Form 5386 at least thirty (30) 30 calendar days prior to expiration of the current designation. The DEL Department cannot guarantee 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) No change.

(b) A provider’s Gold Seal designation will be terminated if the Department of Children and Families or local licensing agency determines the provider has committed a disqualifying minimum standards violation as defined in section 1002.945(4) 402.281(4), F.S. The termination will be effective as of the date of final agency action on the termination.

(c) The DEL 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 one hundred eighty (180) 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 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.

(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.

(4) 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 family day care homes and large family child care homes in Florida for a period of five years prior to submission of an application to the Department.

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

3. Submit and meet all requirements outlined on the CF-FSP Form 5315, Gold 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 or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10484.

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

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

(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 402.281(3), F.S. Applicants must obtain an overall compliance percentage of 85% or higher of the standards outlined on form CF-FSP 5390, Gold Seal Quality Care Accrediting Association Evaluation Manual for Family Day Care Homes and Large Family Child Care Homes, April 2015, this form is incorporated by reference and a copy of this form 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-05509. 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: http://www.flrules.org/Gateway/reference.asp?No=Ref-05512.

(d) The Department’s Gold Seal Quality Care Standards are established in CF-FSP Form 5388, Gold Seal Quality Care Standards for Family Day Care Homes and Large Family Child Care Homes, April 2015, incorporated by reference and copies 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-05508.

(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.

(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.

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

1. 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.

2. Any changes resulting in the Association’s inability to meet the criteria provided in Section 402.281, F.S.

(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 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 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.

(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.

(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.

(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.

(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.

Rulemaking Authority 1002.945 402.281 FS. Law Implemented 1002.945 402.281 FS. History–New 5-1-08, Amended 1-13-10, 7-7-15, 10-25-17, 6-12-19, Formerly 65C-20.014,

 

6M-10.002 Gold Seal Quality Care Accrediting Associations Program for Regulated Child Care Facilities.

(1) Definitions.

(a) “Class I Violation” has the same meaning as provided for the same term in subparagraph 65C-22.010(2)(d)1., F.A.C.

(b) “Class II Violation” has the same meaning as provided for the same term in subparagraph 65C-22.010(2)(d)2., F.A.C.

(c) “Class III Violation” has the same meaning as provided for the same term in subparagraph 65C-22.010(2)(d)3., F.A.C.

(a) (d) 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), department or local licensing authority, or the United States, Department of Defense that meets the accreditation compliance requirements in section 1002.945(1) Section 402.281(1), F.S.

(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 be met during the period of accreditation.

(c) (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) Department as an accrediting association for the purpose of Gold Seal Designation pursuant to section 1002.945(3) Section 402.281(3), F.S.

(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 402.3025 or 402.316, F.S., that has agreed to periodic inspection by the Department as part of the application process.

(2) Gold Seal Quality Care Provider Requirements.

(a) Gold Seal Quality Care Provider Designation.

A child care facility regulated by the Department seeking designation as a Gold Seal Quality Care provider shall apply 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: http://www.flrules.org/Gateway/reference.asp?No=Ref-10472. 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.

(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 Seal Quality Care Provider Designation.

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

1. 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. A list of approved accrediting associations may be obtained from the Department’s website at www.myflfamilies.com/childcare.

2. Meet the criteria of Section 402.281(4), F.S.

(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.

(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 designation will be terminated upon expiration of its accreditation, or 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.

(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 402.281(4), F.S. The termination will be effective as of the date of final agency action on the termination.

(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.

(2) (4) 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 Department.

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

3. Submit and meet all requirements outlined on the Form DEL-GS06 CF-FSP Form 5315, Gold Seal Quality Care Accrediting Association Application, May 2022 2019, which is incorporated by reference. Form DEL-GS06 CF-FSP Form 5315 may be obtained from the DEL’s Department’s website at www.floridaearlylearning.com www.myflfamilies.com/childcare or from the following link: (insert link) http://www.flrules.org/Gateway/reference.asp?No=Ref-10508.

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

(b) Applications will be accepted only in January and July each year. An accrediting association whose application is denied cannot reapply until at least six (6) months from the date of the denial.

(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 and may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (insert link).reviewed in consultation with entities described in Section 402.281(3), F.S. Applicants 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: http://www.flrules.org/Gateway/reference.asp?No=Ref-05514. 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: http://www.flrules.org/Gateway/reference.asp?No=Ref-05545.

(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, May 2022, or Form DEL-GS04 Gold Seal Quality Care Accrediting Association Evaluation Manual for Child Care Facilities, May 2022. These forms are incorporated by reference and a copy may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (insert link).

1. An Accrediting Association 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 designation, that the child care providers have met an overall compliance percentage of 85% or higher under the association’s accreditation standards.

(e) (d) The DEL’s Department’s Gold Seal Quality Care Standards are established in Form DEL-GS03 CF-FSP Form 5387, Gold Seal Quality Care Standards for Child Care Facilities Programs, May 2022, April 2015, and Form DEL-GS01, Gold Seal Quality Care Standards for Licensed Family Day Care Homes and Large Family Child Care Homes, May 2022, which are incorporated by reference and copies may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (insert link).

(f) (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 (5) years, unless terminated by the DEL Department or voluntarily surrendered during the approved period.

(g) (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, Form DEL-GS06, CF-FSP 5315 on or before July 1st. If changes have occurred, the appropriate supporting documentation of the change must accompany the Attestation.

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

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

2. Any changes resulting in the Association’s inability to meet the criteria provided in section 1002.945 Section 402.281, 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 designation.

4. Acts of fraud committed by an accrediting association.

 (i) (h) A Gold Seal Quality Care Accrediting Association must notify the DEL Department, in writing, within fifteen days of a revocation or expiration of the accreditation of a child care facility, family day care home, or large family child care home 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 DEL 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 (2) years.

(j) (i) Gold Seal Quality Care Associations must apply to renew approval by submitting Form DEL-GS06 CF-FSP Form 5315 a minimum of six (6) 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.

(k) (j) An accrediting association approved under this rule as a Gold Seal Quality Care Accrediting Association must notify the DEL Department and all of its accredited providers in writing six (6) 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 (5) years from the lapse of the existing approval.

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

(m) (l) An Accrediting Association approved by the DEL 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.

(n) Gold Seal Quality Care Accrediting Associations must submit quarterly reports as required in section V of the Form DEL-GS06 that includes the name and full address of each accredited child care program, the accreditation 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 association’s approval as a Gold Seal Accrediting Association. DEL will recommend the reason and 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 shall remain eligible to use their accreditation to obtain and maintain a Gold Seal 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 6M-10.001, F.A.C.      

(3) Gold Seal Quality Care Accrediting Association Audits

(a) Each Gold Seal Quality Care Accrediting Association shall be audited by the DEL biennially to verify compliance with criteria outlined in section 1002.945(3)(a)4., F.S. Each accrediting association shall provide evidence of its accreditation process to DEL within thirty (30) calendar days of a DEL notification of the association’s audit date. Documentation may be submitted electronically to DEL.

(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., shall result in corrective action or termination as a Gold Seal accrediting association.

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 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 shall be in effect for a minimum of two (2) years but not more than five (5) years. DEL will recommend the reason and length of the termination to the State Board.

(c) A Gold Seal Quality Care Accrediting Association must annually submit the Gold Seal Accrediting Associations Annual Self-Assessment Survey, Form DEL-GS08, 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: (insert link). If changes have occurred since the previous submission, the appropriate supporting documentation of the change must accompany the survey.

Rulemaking Authority 1002.945 402.281 FS. Law Implemented 1002.945 402.281 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,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, Office of Early Learning

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 17, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 23, 2021