DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation ProgramRULE NO: RULE TITLE
65C-22.010: EnforcementNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33, No. 33, August 17, 2007 issue of the Florida Administrative Weekly.
65C-22.010 Enforcement.
(1) Definitions.
(a) “Day” means a weekday, excluding weekends and holidays calendar day.
(b) No change.
(c) “Provisional” is a licensing status wherein the Department or local licensing agency allows a facility to operate for a designated period of time although one or more licensing standards, beyond the control of the operator, have not been met.
(c)(d) “Standards” are requirements that must be met for licensure as a child care facility and that are identified on the CF-FSP Form 5316, October August 2007, Child Care Facility Standards Classification Summary, which is incorporated in this rule by reference.
(d)(e) “Violation” means a finding of noncompliance by the department or local licensing agency with a licensing standard.
1. “Class I Violation” is an incidence of noncompliance with a Class I standard as described on CF-FSP Form 5316, October August 2007. Class I violations are the most serious in nature, pose an imminent threat to a child including overt abuse or neglect negligence and which could or does result in death or serious harm to the health, safety or and well-being of a child.
2. “Class II Violation” is the second or subsequent incidence of noncompliance with an individual Class II standard as described on CF-FSP Form 5316. Class II violations are less serious in nature than Class I violations and could be anticipated to pose a threat to the health, safety or and well-being of a child, although the threat is not imminent.
3. through 4. No change.
(2) Disciplinary Sanctions.
(a) Enforcement of disciplinary sanctions shall be applied progressively for each standard violation. In addition, providers will be offered technical assistance in conjunction with any disciplinary sanction. The department shall may take into consideration the actions taken by the facility to correct the violation when determining the appropriate disciplinary sanction.
(b) Some violations may have disciplinary sanctions levied for each child or employee record or action found in noncompliance within a standard on any one inspection.
(b)(c) Each standard violation has an assigned classification. Some based on the nature or severity of the violation(s) as identified within the Child Care Facility Standards Classification Summary CF-FSP Form 5316., may escalate from one class to another based on the nature, severity, and/or repetition of the violation within a two (2) year period.
(c)(d) A violation of a Class II standard any standard(s) that results in death or serious harm to a child shall may escalate to a Class I violation.
(d)(e) Disciplinary sanctions for licensing violations that occur within a two (2) year period shall be progressively enforced as follows:
1. Class I Violations.
a. For the first and second Class I violation, the department shall, upon applying the factors in Section 402.310(1), F.S., at a minimum, issue an administrative complaint imposing a fine not less than $100 nor more than $500 per day for each violation. and The department may impose other disciplinary sanctions in addition to the fine.
b. For the second Class I violation, the department shall at a minimum, issue an administrative complaint placing the provider’s license on probation status for a period not to exceed 6 (six) months. The department may also levy a fine not less than $100 nor more than $500 per day for each violation in addition to any other disciplinary sanction.
b.c. For the third and subsequent Class I violation, the department shall issue an administrative complaint to suspend, deny or revoke the license. The department, upon applying the factors in Section 402.310(1), F.S., may also levy a fine not less than $100 nor more than $500 per day for each violation in addition to any other disciplinary sanction.
2. Class II Violations.
a. No change.
b. For the second Class II violation, the department shall issue an administrative complaint imposing a fine of $50 per day for each violation. This violation, and subsequent violations of the same standard within a two (2) year period will be classified as “Class II.”
c. For the third Class II violation of the standard, the department shall issue an administrative complaint imposing a fine of $60 per day for each violation.
d. For the fourth Class II violation, the department shall, at a minimum, issue an administrative complaint placing the provider’s license on probation status for a period not to exceed six (6) months., and tThe department shall may also issue an administrative complaint imposing an additional fine of $75 per day for each violation.
e. For the fifth and subsequent Class II violations, the department shall issue an administrative complaint to suspend, deny, or revoke the license., and tThe department shall may also issue an administrative complaint imposing an additional fine of $100 per day for each violation.
3. Class III Violations.
a. through b. No change.
c. For the third Class III violation, the department shall issue an administrative complaint imposing a fine of $25 per day for each violation. This violation, and subsequent violations of the same standard within a two (2) year period will be classified as “Class III.”
d. No change.
e. For the fifth Class III violation, the department shall, at a minimum, issue an administrative complaint placing the provider’s license on probation status for a period not to exceed six (6) months., and tThe department shall may also issue an administrative complaint imposing a fine of $40 per day for each violation.
f. For the sixth and subsequent Class III violation, the department shall issue an administrative complaint to suspend, deny, or revoke the license., and tThe department shall may also issue an administrative complaint imposing a fine of not to exceed $50 per day for each violation.
4. Children's Health/Immunization Records Disciplinary Sanctions.
a. For the first Class III Children’s Health and or Immunization violation, technical assistance shall be provided. The violation will be classified as “Technical Support.”
b. For the second Class III Children’s Health and or Immunization violation, the department shall issue a formal warning letter stating the department's intent to take administrative action if further violations of the standard are found. The violation will be classified as “Technical Support.”
c. For the third Class III Children’s Health and or Immunization violation, the department shall issue an administrative complaint imposing a fine in the amount of $25 for each violation. This Class III violation, and subsequent Class III violations of the same standard within a two (2) year period will be classified as “Class III.”
d. For the fourth Class III violation, the department shall issue an administrative complaint imposing a fine in the amount of $30 for each violation.
e. For the fifth Class III Children’s Health and or Immunization violation, the department shall issue an administrative complaint imposing a fine in the amount of $40 per day for each violation.
f. For the sixth and subsequent Class III Children’s Health and or Immunization violations, the department shall issue an administrative complaint placing the provider’s license or registration on probation status for a period not to exceed six (6) months, and the department shall also issue an administrative complaint imposing an additional fine of $50 per day for each violation.
(3) Child Abuse or Neglect Sanctions.
a. Pursuant to Section 402.301, F.S., Acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitutes a violation of the standards in Sections 402.301-319, F.S.
b. Failure to perform the duties of a mandatory reporter pursuant to Section 39.201, F.S. constitutes a violation of the standards in Sections 402.301-319, F.S.
Specific Authority 402.305, 402.310, 39.201 FS. Law Implemented 402.305, 402.310 FS. History–New________.
