DEPARTMENT OF CHILDREN AND FAMILIES
RULE NOS.:RULE TITLES:
65C-20.009Staffing Requirements
65C-20.013Large Family Child Care Homes (LFCCH)
65C-22.006Record Keeping
65E-4.014Standards for Client Records, Treatment and Quality Assurance
65E-5.1303Discharge from Receiving and Treatment Facilities
65E-5.170Right to Express and Informed Consent
65E-5.2801Minimum Standards for Involuntary Examination
65E-5.285Involuntary Outpatient Placement
65E-5.290Involuntary Inpatient Placement
Notice of Extension of Regulatory Plan Deadlines
The Department of Children and Families (Department) hereby provides notice of extension of the deadline set forth in subsection 120.74(5), Fla. Stat., requiring publication of a Notice of Proposed Rule by April 1 for certain rules listed on the Department’s 2016/2017 Regulatory Plan. More specifically, the deadline for publication of a Notice of Proposed Rule is extended for the following rulemaking efforts: Rules 65C-20.009, 65C-20.013, 65C-22.006, 65E-4.014, 65E-5.1303, 65E-5.170, 65E-5.2801, 65E-5.285 and 65E-5.290, F.A.C.
a)Concise statement identifying issues causing the delay in rulemaking:
Chapters 2016-98 and 2016-238, Laws of Florida, affected the description of background screening requirements in Rules 65C-20.009, 65C-20.013, 65C-22.006 and 65C-22.008. Those rules are part of a comprehensive rewrite of all of the Department’s child care rules, which are found in Rules 65C-20.008 through 65C-20.014 and Rules 65C-22.001 through 65C-22.010. Those rules affect three main categories of child care providers: 1) family child care homes and large family child care homes; 2) child care facilities; and 3) school aged child care. It was necessary to divide up the comprehensive rulemaking affecting these three categories in order to properly address each category and avoid confusion. Rule development commenced first for school-age child care, which is reflected in Rule 65C-22.008. Notice of Rule Development to amend that rule was published in February 2016 (Vol. 42, No. 22). The Notice of Proposed Rule was published in November 2016 (Vol. 42, No. 225), and included language to implement Chapters 2016-98 and 2016-238, Laws of Florida. Separate Notices of Rule Development to amend Rules 65C-20.008 through 65C-20.014 and Rules 65C-22.001 through 65C-22.006, 65C-22.009, and 65C-22.010 were published in January 2017. After extensive workshops, separate Notices of Proposed Rule for those sets of rules should be published in April 2017.
Chapter 2016-241, Laws of Florida, amended provisions of chapters 394 and 397, Florida Statutes, affecting numerous provisions of rule chapters 65D-30, 65E-4, 65E-5, 65E-9, 65E-12, and 65E-16, but rulemaking to implement the law was only required or otherwise necessary for rules 65E-4.014, 65E-5.1303, 65E-5.170, 65E-5.2801, 65E-5.285 and 65E-5.290, F.A.C. The Department anticipates that legislation will likely be enacted during the 2017 session that also necessitates rulemaking as a result of amendments to Chapters 394 and 397, Florida Statutes. In order to best serve the public more efficiently and economically, a delay in rulemaking is warranted. After these rules are revised to meet legislative intent, the Department will utilize the extended time to seek more input through public workshops and hearings.
b)Applicable notice as published in the Florida Administrative Register:
Notice of Rule Development for Rule 65C-22.008 was published in the FAR on February 3, 2016 (Vol. 42, No. 22). Notice of Rule Development for Rules 65C-22.001 through 65C-22.006, 65C-22.009, and 65C-22.010 was published in FAR on January 12, 2017 (Vol. 43, No. 8). Notice of Rule Development for Rules 65C-20.008 through 65C-20.014 was published in FAR on January 12, 2017 (Vol. 43, No. 8). Notices of Rule Development for Rules 65E-4.014, 65E-4.016, 65E-5.1303, 65E-5.170, 65E-5.2801, 65E-5.285, 65E-5.290, 65E-9.003 and 65E-9.005, F.A.C., were published in FAR on November 1, 2016, (Vol. 42, No. 213).
Expiration
Pursuant to subsection 120.74(5), Fla. Stat., this extension expires on October 1, 2017.
