General Information, Physical Environment, Training, Food and Nutrition, Record Keeping, Evening Child Care, School Age Child Care  

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    DEPARTMENT OF CHILDREN AND FAMILY SERVICES

    Family Safety and Preservation Program

    RULE NOS.:RULE TITLES:

    65C-22.001 General Information

    65C-22.002Physical Environment

    65C-22.003Training

    65C-22.005Food and Nutrition

    65C-22.006Record Keeping

    65C-22.007Evening Child Care

    65C-22.008School Age Child Care

    NOTICE 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. 38, No. 29, July 20, 2012 issue of the Florida Administrative Register.

    In addition to rule edits reflected below, CF-FSP Form 5017 and 5316 as incorporated by reference, have been changed. CF-FSP Form 5017 Section 3 has been changed to include attestation language required in s. 402.3055(1)(a), Florida Statute. CF-FSP Form 5316 includes technical changes to Rule and Florida Statute citations throughout the form.

     

    CHAPTER 65C-22

    CHILD CARE STANDARDS

    65C-22.001General Information

    65C-22.0011Definitions

    65C-22.002Physical Environment

    65C-22.003Training

    65C-22.004Health Related Requirements

    65C-22.005Food and Nutrition

    65C-22.006Record Keeping

    65C-22.007Evening Child Care

    65C-22.008School Age Child Care

    65C-22.009Gold Seal Quality Care Program

    65C-22.010Enforcement

     

    65C-22.001 General Information.

    (1) No change.

    (a) through (b) No change.

    (c) The completed CF-FSP Form 5017 must be signed by the individual owner, prospective owner, or the designated representative of a partnership, association, or corporation, and must include background screening clearance documents for the owner/operator/director, and an approved fire inspection. Child care facilities that have a well or septic system must maintain current written records indicating the well and/or septic system meets the requirements of the Department of Health on an annual basis.

    (d) through (e) No change.

    (2) through (4) No change.

    (5) Supervision.

    (a) through (b) No change.

    (c) During feeding times, children shall be individually fed or supervised appropriately for their ages and developmental abilities.

    1. Infants shall be held for bottle feedings until they are developmentally ready to sit in a high chair with good head control. Children shall not be left in Hhigh chairs or other types of feeding chairs outside of shall be used for infants at feeding times. The use of safety straps to prevent falls is required whenever children are placed in high chairs.

    2. No change.

    (d) through (e) No change.

    (6) through (7) No change.

    (a) No change.

    1. Promote emotional, social, intellectual and physical growth. Children shall not be left in confining devices such as car seats as an alternative to active play or adult/child interaction, supervision, or discipline. If television, videos, movies, and/or computer games are used, they shall be limited to a maximum combined total of two hours per day, or in the case of school age children, the length of one movie if the movie is more than two (2) hours in length.

    2. Do not utilize electronic media time (television, videos, movies, or computer games) with children younger than 2 years of age. Electronic media may only be used for educational purposes or physical activity for children older than 2 years of age.

    3. Limit electronic media time to no more than 1 to 2 hours per day for children older than 2 years of age.

    4.2. Include quiet and active play, both indoors and outdoors.

    5.3. No change

    (b) through (c) No change.

    (8) No change

    (a) through (b) No change.

    (c) Children may not be denied active play as a consequence of misbehavior.

    (d) A copy of the facility’s current written disciplinary policy must be available to the licensing authority to review for compliance with section 402.305(12), F.S.

    (9) through (11) No change

    Rulemaking Authority 402.305, 402.309 FS. Law Implemented 402.305, 402.309, 402.3055, 402.308, 402.310 FS. History–New 6-1-97, Amended 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10.________.

     

    65C-22.0011 Definitions.

    (1) Definitions

    (1)(a) Caterer – A food service business that prepares food at a remote or distant location and transports ready-to-be-served meals to a provider for a fee. Caterers must be licensed and/or permitted by the applicable state or federal agency. A copy of the license or permit must be in the child care facility and available for review by licensing authority.

    (2)(b) Classroom – Rooms occupied by children, arranged with materials and equipment intended to implement a plan of activities.

    (3)(c) Food equipment – All stoves, ranges, crock pots, microwaves, hoods, tables, counters, cabinets, refrigerators, freezers, sinks, dishwashing machines, and other items used in the preparation, reheating, and serving of food, with the exception of utensils.

    (4)(d) Potentially Hazardous Food - Any food that requires time-temperature control (refrigeration or hot holding) and contains in whole or in part: milk, milk products, eggs, meat, poultry, fish, shellfish, cooked plant food (rice, beans, vegetables, and baked pototoes), tofu, other soy-protein products, mushrooms, cut melon, cut tomotoes, raw sprouts, and untreated garlic/oil mixtures.

    (5)(e) Preparation of food - Includes the selection, measurement and combining of ingredients in an ordered procedure to create a meal intended for consumption. This definition is not limited to cooking. Bottle preparation is and the cutting of fruits and vegetables are included in this definition. Excludes warming of pre-prepared bottles and pre-prepared food (including catered food and food brought from home), distributing snacks, and learning activites provided by a child care program that may include raw and prepared food. A learning activity may not replace a regularly scheduled meal.

    (6)(f) Sanitize - The process of destroying or reducing organisms to a safe level. Includes properly cleaned equipment and surfaces, such as sinks and sleep mats. Sanitation shall be accomplished with the application of an approved chemical sanitizer or the use of hot water or steam. Sanitizing agents must be used according to the manufacturer label. Sanitizing agents used on food contact surfaces must be labeled by the manufacturer safe for use on food contact surfaces and have specific instructions designed for use on food contact surfaces. The manufacturer’s directions must be followed.

    (7)(g) Serving food – for the purpose of this definition, serving food is limited to meals and snacks, as indicated on the posted menu.

    (8)(h) Single-service articles – Any cups, containers, plates, straws, place mats, napkins, doilies, spoons, stirrers, paddles, knives, forks, wrapping materials and all similar articles that are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers to be for one-time, one-person use, then to be discarded.

    (9)(i) Tableware – utensils used for eating, drinking, and serving food including forks, knives, spoons, bowls, cups and serving dishes. Tableware may be either multi-use or single service.

    (10)(j) Utensils – pots, pans, ladles, pitchers, cutting boards, knives, or food containers used in the preparation, storage, transportation, or serving of food.

    Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New________.

     

    65C-22.002 Physical Environment.

    (1) through (3) No change.

    (a) through (c) No change.

    (d) Where infants are in care, they shall have open indoor floor space outside of cribs and playpens. The space used for play may be interchangeable with space used for cribs and play pens. Infants birth to 12 months should have adequate time and space to engage in activities that promote development of movement skills (tummy time, crawling, turning over, sitting, etc.). Infant seats (swings, bouncers, etc.) should be used only for short periods of time, no more than 15 to 30 minute intervals per infant and no more than two times per day that the child is in care.

    (e) through (f) No change.

    (4) through (6) No change.

    (a) No change.

    (b) For facilities having from one to 15 children, there shall be one toilet and one sink wash basin. There shall be one additional toilet and sink basin for every 30 children thereafter. For design and construction of a new child care facility or modification to an existing facility, paragraph (1)(j) above shall apply.

    (c) through (g) No change.

    (7) No change.

    (a) through (b) No change.

    (c) The facility must properly maintain fire extinguishers with a minimum rating of 2A10BC at all times. All staff shall be proficient trained in the use and operation of a fire extinguisher. Travel distance to the nearest extinguisher shall not be more than 75 50 feet from rooms occupied by children. A fire extinguisher must be present in areas where food is prepared a kitchen.

    (d) through (g) No change.

    (h) The operator shall develop a written emergency preparedness plan to include, at a minimum, procedures to be taken by the facility during a fire, lockdown and inclement weather (for example: hurricanes, tropical storms, or tornadoes), and to facilitate parent/guardian reunification. The plan shall describe how the facility will meet the needs of all children, including children with special needs, during and following an emergency event.

    (i) Emergency preparedness drills shall be conducted when children are in care. Each drill outlined in the emergency preparedness plan must be practiced a minimum of one time per year, and may substitute for up to three monthly fire drills as referenced in paragraph 65C-22.002(7)(e), 65C-22.003(7)(e), documentation of which must be maintained for one year. A current attendance record must accompany staff during the drill or actual emergency and must be used to account for all children.

    (j) through (l) No change.

    (m) Automatic range-top fire suppression systems are required in the kitchen for facilities that produce steam or grease laden vapors or shallow fry or deep fry food. Suppression hood systems must be maintained and inspected in accordance with the Florida Fire Prevention Code as adopted in Chapter 69A-60, F.A.C. Documentation of an approved annual inspection of the suppression system per the Fire Prevention Code is required by local fire safety authority.

    (n) The use of portable equipment utilized to fry food is allowable in a kitchen beneath an automatic range-top fire suppression system.

    (8) Food Preparation Area. A food preparation area is a designated room, such as a kitchen, or a designated space in a facility not used in normal day-to-day operations - such as indoor play, classroom, work, or nap spaces – and not included when calculating usable indoor floor space. A food preparation area is required for facilities that choose to prepare food in a manner consistent with the definition of “preparation of food” in subsection 65C-22.0011(5), 65C-22.002(1)(c), F.A.C.

    (a) The food preparation area must include the following:

    1. Ventilation provided either by mechanical or natural means to provide fresh air and control of unpleasant odors., such as, a fan, vent, or open window with a screen.

    2. through 5. No change.

    6. Ceiling must be easily cleanable or replacable in the event of water and other damage, mildew, or mold. Nonabsorbent walls and ceilings by means of surface material or applied coating/sealant.

    7. through 8. No change.

    (b) Employees, volunteers, and substitutes, while working in the food preparation area, must wear clean outer garments and proper head covering, such as a hair net or hat., To prevent barehand contact with ready–to-eat foods, staff and must use disposable gloves, utensils, or similar items in the food preparation area.to prevent barehand contact with ready to eat foods.

    (c) No change.

    (d) The food preparation area must be clean and free of dust, dirt, food particles, pest and grease deposits.

    (9) No change.

    (a) Food containers, such as, but not limited to cans, plastic containers, boxes, and bags, shall be stored above the floor, a minimum of six inches, on clean surfaces protected from splash and other contamination.

    (b) through (c) No change.

    (d) Opened packages of perishable or leftover food items must be properly covered or sealed in containers or bags, labeled with date, properly stored, and discarded within seven calendar days.

    (e) through (f) Refrigerators/freezers.

    1. An accurate thermometer must be inside each refrigeration unit used to verify adequate cold storage temperature. Refrigerators must be maintained at 41 degrees Fahrenheit or below and freezers must be maintained at 0 degrees Fahrenheit.

    2. through 3. No change.

    (10) No change.

    (a) No change.

    1. No change.

    2. Employees, volunteers, substitutes, and children shall wash their hands with soap and running water, dry thoroughly, and follow personal hygiene procedures for themselves, or while assisting others. Examples of activities when hand washing is required include, but are not limited to: before and after eating, immediately following outdoor play, after toileting, following the use of any cleaners or toxic chemical, before and after administering medication, and during food preparation and snack distribution.

    a. Employees, volunteers, substitutes, and children must follow the Centers for Disease Control guidelines for hand washing, form CS221687C, January 2013, which are incorporated by reference, for hand washing and encourage the children in care to develop good hand washing habits. Copies of the Center for Disease Control guidelines may be obtained from the Center for Disease Control website at www.cdc.gov.

    b. through c. No change.

    3. through 4. No change.

    (b) through (d) No change.

    1. No change.

    a. No change.

    b. No change.

    1. The first compartment must be used for washing, the second compartment must be used for rinsing, and the third compartment must be used for sanitizing. If only an installed two compartment sink is available, the second compartment must be used for rinsing and a non-stationary or portable compartment receptacle must be available and used to sanitize.

    2. If chemical sanitization is used, an exposure time of at least seven seconds is required for a chlorine solution of 50 mg/L that has a pH of 10 or less and a temperature of at least 75 degrees Fahrenheit. If other sanitizers are used, equipment/dishes/utensils must be immersed for a period of at least one minute in sanitizing solution at a temperature not less than 75 degrees Fahrenheit. Tthe sanitizing solution must contain the minimum concentration per manufacturer instructions must be strictly followed.

    3. through 4. No change.

    (e) No change.

    1. through 3. No change.

    4. Employees, volunteers, and substitutes, while distributing snacks or serving food, must use items such as napkins, disposable gloves, utensils, or similar items to prevent skin contact with food.

    5. Food provided by parents must be stored and handled in a sanitary manner at all times.

    (11)(9) No change.

    Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 6-1-97, Amended 7-2-98, 3-17-99, 7-13-03, 9-12-04, 6-30-05, 4-12-07, Repromulgated 5-1-08, Amended 1-13-10,______.

     

    65C-22.003 Training.

    (1) No change.

    (a) through (d) No change.

    (e) “Director,” means “operator” as defined in Section 402.302(13)(11), F.S. and is the on-site administrator or individual who has the primary responsibility for the day-to-day operation, supervision, and administration of a child care facility.

    (f) through (s) No change.

    (2) through (8) No change.

    Rulemaking Authority 402.305 FS. Law Implemented 402.305, 402.309 FS. History–New 6-1-97, Amended 7-2-98, 3-17-99, 7-26-00, 10-10-01, 4-2-02, 7-17-03, 9-12-04, 6-30-05, 4-12-07, 5-1-08, 1-13-10,_________.

     

    65C-22.004 Health Related Requirements.

    (1) through (3) No change.

    Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 6-1-97, Amended 3-17-99, 7-26-00, 4-2-02, 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10,________.

     

    65C-22.005 Food and Nutrition.

    (1) Nutrition.

    (a) through (b) No change.

    1. through 6. No change.

    7. To prevent food from becoming potentially hazardous, hot foods shall be maintained at a temperature of 135 degrees Fahrenheit or above, and cold foods shall be maintained at a temperature of 410 degrees Fahrenheit or below. The facility must supply adequate equipment to maintain temperature requirements.

    8. No change.

    9. Food must be thoroughly cooked and or reheated according to the following table:

     

    Food

    Minimum Internal Temperature

    Fruits, Vegetables, Grains, and Legumes

    135 oF

    Roasts ( Fresh Beef, Pork and Lamb Ham)

    145o F (with a 3 minute rest time)

    Fish

    145o F

    Eggs – to be served immediately

    145 o F (whites and yolks are firm) Cook until yolk and white are firm

    Eggs dishes – cooked and held for service

    160155 o F

    Ground meats (beef, pork, and lamb) and fresh ham (raw)

    160155 o F

    Poultry – whole, parts, or ground

    165 o F

    Leftovers

    165 o F

    Foods cooked in microwave

    165 o F

    Sauces, gravy, soups , casseroles

    165 o F

     

    (c) No change.

    1. No change.

    2. Parents or legal guardians must be advised in advance of each Written permission slips for all food-related activityies, such as special occasions and learning activities, which include food consumption. Written parental permission may be obtained in the form of a general or specific permission slip. Documentation of parent permission for food activities must be maintained for a minimum of four months from the date of each activity.

    (d) through (f) No change.

    (2) Breastmilk, Infant Formula and Food.

    (a) 1. Breastmilk and fFormula and breast milk must be handled in a sanitary manner at all times and according to manufacturer’s instructions and instructions by parent. The provider must ensure aAll formulas and food brought from home are shall be labeled with the child’s first and last name. The provider is responsible for the label; therefore if the label is not completed by the parent, the facility staff must complete the label upon receipt of the formula and food. Bottles of formula prepared from powder or concentrate ready–to-feed formula must be labeled with the time and date the bottle was prepared. Frozen breast milk shall be dated when expressed. Breastmilk or infant formula provided for a specific infant by a parent or guardian shall not be fed to other children. Prepared bottles shall be placed immediately in the refrigerator and used within 48 hours.

    1.a. In the event that the wrong formula or breastmilk or infant formula is provided to an infant in care, the provider must immediately inform the child’s parent or legal guardian of the incident as well as the parent or legal guardian of the infant that the formula/breast milk was intended. These events must be documented as an accident/incident referenced in subparagraph 65C-22.004(2)(d)3., F.A.C.

    2.b. Due to extreme risk of choking, solid foods, including cereal, shall not be given in bottles or with infant feeders to children with normal eating abilities unless authorized by a physician. Solid foods must not be fed to an infant younger than 4 months of age unless directed by a physician. Solid foods must be of a safe consistency and must be developmentally appropriate for the age and developmental ability of the infant.

    (b)2. Bottle warming. For optimum digestion, breastmilk and infant formula is to be served at body temperature.

    1.a. Bottle warming devices and crock pots, including cords shall be kept inaccessible to children at all times; shall be maintained at the devices’ lowest available temperature setting; and shall be secured in such a manner as to prevent them from tipping over, splashing, or spilling. Any bottle warming device that has a water reservoir must be emptied, washed, and refilled each day.

    2.b. Bottled breast milk, infant bottles, and formula shall not be heated in a microwave oven.

    3.c. Heated bottles or food must be tested before feeding to ensure heat is evenly distributed and to prevent injury to children.

    4.d. A bottle may be warmed only once; a Once breastmilk has been warmed bottle may, it shall not be returned to the refrigerator or re-warmed or returned to the refrigerator. Facility staff must document each bottle warmed in preparation to feed an infant in such a manner to prevent multiple warmings. All breastmilk and infant formula remaining in bottles after feeding shall be discarded within one hour after serving an infant.

    (c)3. Previously opened baby food jars shall not be accepted in the center. If food is fed directly from the jar by the caregiver, the jar shall be used for only one feeding and the remainder discarded.

    Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 6-1-97, Amended 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04, 4-12-07, Repromulgated 5-1-08, Amended 1-13-10,_______.

     

    65C-22.006 Record Keeping.

    (1) No change.

    (2) No change.

    (a) through (b) No change.

    (c) The child care facility is responsible for obtaining for each child in care a current, complete and properly executed Florida Certification of Immunization form Part A-1, B, or C, DH 680 (July 2010 April 2009), or the Religious Exemption from Immunization form, DH 681 (July 2008), which are incorporated herein by reference, from the custodial parent or legal guardian. DH Form 680 and DH Form 681 may be obtained from the local county health department. Immunizations received out-of-state are acceptable; however immunizations must be documented on the Florida Certification of Immunization form and must be signed by a physician practicing in the State of Florida. Specific immunization requirements are included and detailed in the most current edition of the “Immunization Guidelines-Florida Schools, Child Care Facilities and Family Day Care Homes” as promulgated by the Florida Department of Health.

    (3) Enrollment Information. The facility operator shall obtain enrollment information from the child’s custodial parent or legal guardian prior to accepting a child in care. This information shall be documented on CF-FSP Form 5219, March 2009 June 2012, Child Care Application for Enrollment, which is incorporated by reference, or an equivalent form that contains all the information required by the department on CF-FSP Form 5219. CF-FSP Form 5219 may be obtained from the licensing authority or on the department’s website at www.myflorida.com/childcare.

    (a) through (c) No change.

    1. No change.

    2. No change.

    3. The child care facility’s food and nutrition policies that includes language on food safety and food allergens.

    4. Annually, during the months of August and September, the child care facility director must provide parents with information detailing the causes, symptoms, and transmission of the influenza virus. To assist providers the department developed a brochure, CF/PI 175-70, June 2009, Influenza Virus, Guide to Parents, which may be obtained from the department’s website at www.myflorida.com/childcare.

    5. Prior to beginning volunteering in a child care facility, a CF-FSP 5217, July 2012, Volunteer Acknowledgment, which is incorporated by reference, and may be obtained from the department’s website www.myflorida.com/childcare, must be completed and on file at the child care facility for the volunteer.

    (4) No change.

    (a) through (c) No change.

    (d) Initial Screening. Screening information must be documented on CF-FSP Form 5131, July 2012, Background Screening and Personnel File Requirements, which is incorporated by reference and may be obtained from the department’s website www.myflorida.com/childcare. Screening includes the following:

    1. through 3. No change.

    (e) No change.

    (f) Copies of training information and credentials as described in subsections 65C-22.003(4), (6) and (7) 65C-22.004(4), (6) and (7), F.A.C., as applicable.

    (g) No change.

    (5) No change.

    (a) No change.

    (b) Documentation of parental permission for field trips and food activities/special occasions must be retained for a minimum of four months as referenced in paragraphs 65C-22.001(7)(c) and 65C-22.005(1)(c)2. 65C-22.006(1)(c), F.A.C.

    (c) through (d) No change.

    (e) Written record of fire drills must be maintained for a minimum of one year as referenced in paragraph 65C-22.002(7)(f), 65C-22.003(7)(f), F.A.C.

    (f) Documentation of staff members that have met the first aid and infant and child cardiopulmonary resuscitation (CPR) training requirement as referenced in paragraph 65C-22.004(2)(b), 65C-22.005(2)(b) F.A.C.

    (g) Posted emergency telephone numbers, the facility address, and directions to the facility as referenced in subparagraph 65C-22.004(2)(d)1., 65C-22.005(2)(d)1., F.A.C.

    (h) Documentation of accidents/incidents must be maintained for one year as referenced in subparagraph 65C-22.004(2)(d)3., 65C-22.005(2)(d)3., F.A.C.

    (i) Emergency evacuation plan and emergency preparedness plan as referenced in subparagraph 65C-22.002(7)(h)-(k), 65C-22.003(7)(h)-(k), F.A.C. Written records of emergency preparedness plan drills must be maintained for one year from each drill.

    (j) Record for each child receiving medication must be maintained for a minimum of four months after the last day the child received the dosage as referenced in paragraph 65C-22.004(3)(f), 65C-22.005(3)(f), F.A.C.

    (k) Sample meal plan for special diet (if applicable). A copy of the physician’s order, a copy of the diet, and a sample meal plan for the special diet must be maintained for as long as the child is in care as referenced in paragraph 65C-22.005(1)(e), 65C-22.006(1)(e), F.A.C.

    (l) Written documentation of known food allergies (if applicable). Must be maintained for as long as the child is in care as referenced in paragraph 65C-22.005(1)(e), 65C-22.006(1)(e), F.A.C.

    (m) Daily meal and snack menus, including meal substitutions must be maintained for four months as referenced in paragraph 65C-22.005(1)(f), 65C-22.006(1)(f), F.A.C.

    (n) Food Acceptance Log must be retained for a minimum of four months as referenced in paragraph 65C-22.005(1)(c)1., 65C-22.006(1)(c), F.A.C.

    (o) Copy of license or permit for caterers, as referenced in rule 65C-22.0011(1), F.A.C., if applicable.

    Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 6-1-97, Amended 7-2-98, 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10,_______.

     

    65C-22.007 Evening Child Care.

    (1) Hours of Care. Evening Child Care, as defined in Section 402.302(7)(6), F.S., means child care provided during evening hours and may encompass the hours of 6:00 p.m. to 7:00 a.m.

    (2) No change.

    (3) Exemptions. Child care standards, as outlined in Sections 402.301 through 402.305, F.S., and rules 65C-22.001 through 65C-22.006, 65C-22.007, F.A.C., apply to Evening Child Care with the following exceptions:

    (a) through (c) No change.

    Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 7-2-98, Amended 9-12-04, 4-12-07, Repromulgated 5-1-08, Amended 1-13-10,________.

     

    65C-22.008 School Age Child Care.

    (1) No change.

    (2) No change.

    (a) through (c) No change.

    1. through 3. No change.

    a. through c. No change.

    d. Does not serve or prepare any meals, except those provided through the USDA federal Afterschool Meal Nutrition Program (AMNP) administered by the Florida Department of Health. The Department will consider a meals to be provided through the AMNP only if the program is actively participating in the AMNP, is in good standing with the Department of Health, and the meal meets AMNP requirements. Programs not participating in the AMNP may choose to provide drinks, snacks, and vending machine items that do not require refrigeration; or

    4. No change.

    (d) No change.

    1. through 3. No change.

    4. A completed CF-FSP Form 5017 for renewal of an annual license must be submitted to the licensing authority at least 45 days prior to the expiration date of the current license to ensure that a lapse of licensure does not occur. Failure to submit a completed CF-FSP Form 5017 at least 45 days prior to the expiration date of the current license constitutes a licensing violation as defined in paragraph 65C-22.010(2)(d), 65C-22.011(2)(d), F.A.C.

    (e) No change.

    (3) No change.

    (a) through (c) No change.

    1. through 4. No change.

    5. During feeding times, children shall be individually fed or supervised appropriately for their ages and developmmental abilities.

    (d) through (g) No change.

    (h) Restrooms.

    1. No change.

    2. For facilities having from one to fifteen children, there shall be at least one toilet and one sink wash basin. There shall be one additional toilet and sink basin for every 30 children thereafter. For design and construction of a new child care facility or modification to an existing facility, subparagraph (3)(e)8., above shall apply.

    3.through 5. No change.

    (i) No change.

    1. through 2. No change.

    34. No change.

    45. No change.

    (j) through (k) No change.

    1. No change.

    2. No change.

    a. Employees, volunteers, substitutes, and children must follow the Centers for Disease Control guidelines for hand washing, which are incorporated by reference in paragraph 65C-22.005(1)(a), and encourage the children in care to develop good hand washing habits. Copies of the Center for Disease Control guidelines may be obtained from the Center for Disease Control website at www.cdc.gov.

    b. The use of hand sanitizers does not substitute for hand washing.

    c. Employees, volunteers, and substitutes with open wounds and/or any injury that inhibits hand washing, such as casts, bandages, or braces, shall not prepare food.

    3. through 4. No change.

    a. No change.

    b. No change.

    (I) The first compartment must be used for washing, the second compartment must be used for rinsing, and the third compartment must be used for sanitizing. If only an installed two compartment sink is available, the second compartment must be used for rinsing and a non-stationary or portable compartment receptacle must be available and used to sanitize.

    (II) If chemical sanitization is used, an exposure time of at least seven seconds is required for a chlorine solution of 50 mg/L that has a pH of 10 or less and a temperature of at least 75 degrees Fahrenheit. If other sanitizers are used, equipment/dishes/utensils must be immersed for a period of at least one minute in sanitizing solution at a temperature not less than 75 degrees Fahrenheit. tThe sanitizing solution must contain the minimum concentration per manufacturer instructions must be strictly followed.

    (III) through (IV) No change.

    5. No change.

    (l) through (n) No change.

    1. through 3. No change.

    4. Do not withold active play from children who misbehave.

    (o) No change.

    (p) No change.

    1. through 2. No change.

    a. through f. No change.

    g. To prevent food from becoming potentially hazardous, hot foods shall be maintained at a temperature of 135 degrees Fahrenheit or above, and cold foods shall be maintained at a temperature of 410 degrees Fahrenheit or below. The facility must supply adequate equipment to maintain temperature requirements.

    h. No change.

    i. Food must be thoroughly cooked and or reheated according to the following table:

     

    Food

    Minimum Internal Temperature

    Fruits, Vegetables, Grains, and Legumes

    135 oF

    Roasts ( Fresh Beef, Pork and Lamb Ham)

    145o F (with a 3 minute rest time)

    Fish

    145o F

    Eggs – to be served immediately

    145 o F (whites and yolks are firm) Cook until yolk and white are firm

    Eggs dishes – cooked and held for service

    160155 o F

    Ground meats (beef, pork, and lamb) and fresh ham (raw)

    160155 o F

    Poultry – whole, parts, or ground

    165 o F

    Leftovers

    165 o F

    Foods cooked in microwave

    165 o F

    Sauces, gravy, soups , casseroles

    165 o F

     

    3. No change.

    a. No change.

    b. Parents of legal guardians must be advised in advance of each Written permission slips for all food-related activities, such as special occasions and learning activities, which include food consumption. Written parental permission may be obtained in the form of a general or specific permission slip. Documentation of parent permission for food activities must be maintained for a minimum of four months from the date of each activity.

    4. through 6. No change.

    (q) Food Preparation Area. A food preparation area is a designated room, such as a kitchen, or a designated space in a facility not used in normal day-to-day operations - such as that available for indoor play, classroom, work, or nap spaces – and not included when calculating usable indoor floor space. A food preparation area is required for facilities that choose to prepare food in a manner consistent with the definition of “preparation of food” in 65C-22.0011(5), 65C-22.002(1)(c), F.A.C.

    1. No change.

    a. Ventilation provided either by mechanical or natural means to provide fresh air and control of unpleasant odors., such as, a fan, vent, or open window with a screen.

    b. through e. No change.

    f. Ceiling must be easily cleanable or replacable in the event of water and other damage, mildew, or mold. Nonabsorbent walls and ceilings by means of surface material or applied coating/sealant.

    g. through i. No change.

    2. Employees, volunteers, and substitutes, while working in the food preparation area, must wear clean outer garments and proper head covering, such as a hair net or hat., To prevent barehand contact with ready to eat foods, staff and must use disposable gloves, utensils, or similar items in the food preparation area.to prevent barehand contact with ready to eat foods.

    3. No change.

    (r) No change.

    1. Food containers, such as, but not limited to cans, plastic containers, boxes, and bags, shall be stored above the floor, a minimum of six inches, on clean surfaces protected from splash and other contamination.

    2. through 3. No change.

    4. Opened packages of perishable or leftover food items must be properly covered or sealed in containers or bags, labeled with date, properly stored, and discarded within seven calendar days.

    5. through 6. No change.

    a. An accurate thermometer must be inside each refrigeration unit used to verify adequate cold storage temperature. Refrigerators must be maintained at 41 degrees Fahrenheit or below and freezers must be maintained at 0 degrees Fahrenheit.

    b. through c. No change.

    (s) No change.

    1. through 2. No change.

    3. The child care facility must properly maintain fire extinguishers with a minimum rating of 2A10BC at all times. All staff shall be proficient trained in the use and operation of a fire extinguisher. Travel distance to the nearest extinguisher shall not be more than 7550 feet from rooms occupied by children. A fire extinguisher must be present in areas where food is prepared a kitchen.

    4. through 7. No change.

    8. The operator shall develop a written emergency preparedness plan to include, at a minimum, procedures to be taken by the child care facility during a fire, lockdown, and inclement weather (for example: hurricanes, tropical storms, or tornadoes), and facilitating parent/guardian reunification. The plan shall describe how the facility will meet the needs of all children, including children with special needs, during and following an emergency event,

    9. Emergency preparedness drills shall be conducted when children are in care. Each drill outlined in the emergency preparedness plan must be practiced a minimum of one time per year, and may substitute for up to three monthly fire drill as referenced in paragraph 65C-22.002(7)(e), 65C-22.003(7)(e), F.A.C., documentation of which must be maintained for one year. A current attendance record must accompany staff during the drill or actual emergency and must be used to account for all children.

    10. through 12. No change.

    13. Automatic range-top fire suppression systems are required in the kitchen for facilities that produce steam or grease laden vapors or shallow fry or deep fry food. Suppression hood systems must be maintained and inspected in accordance with the Florida Fire Prevention Code as adopted in rule 69A-60, F.A.C. Documentation of an approved annual inspection of the suppression system per the Fire Prevention Code is required by local fire safety authority.

    14. The use of portable equipment utilized to fry food is allowable in a kitchen beneath an automatic range-top fire suppression system.

    (t) No change.

    1. through 11. No change.

    12. No change.

    a. No change.

    (I) Promote emotional, social, intellectual and physical growth. If television, videos, movies, and/or computer games are used, they shall be limited to a maximum combined total of two hours per day or the length of a movie if more than two (2) hours in length. Limit electronic media time (television, videos, movies, or computer games) to no more than 1 to 2 hours per day. Computer use should be limited to no more than fifteen-minute increments.

    (II) through (III) No change.

    b. No change.

    (u) No change.

    1. No change.

    2. No change.

    3. Enrollment Information. The facility operator shall obtain enrollment information from the child’s custodial parent or legal guardian prior to accepting a child in care. This information shall be documented on CF-FSP Form 5219, Child Care Application for Enrollment, which is incorporate by reference in subsection 65C-22.006(3), 65C-22.007(3), F.A.C., or an equivalent form that contains all the information required by the department on CF-FSP Form 5219. CF-FSP Form 5219 may be obtained from the licensing authority or by going to the department’s website at www.myflorida.com/childcare.

    a. through c. No change.

    (I) The department’s child care facility brochure, CF/PI 175-24, Know Your Child Care Facility, which is incorporated by reference in subparagraph 65C-22.006(3)(c)1., 65C-22.007(3)(a)1., F.A.C. This brochure may be obtained from the licensing authority or by going to the department’s website at www.myflorida.com/childcare. Local licensing agencies may use an equivalent brochure approved by the department.

    (II) No change.

    (III) No change.

    4. No change.

    a. No change.

    b. No change.

    c. CF-FSP Form 5337, Child Abuse & Neglect Reporting Requirements, which is incorporated by reference in paragraph 65C-22.006(4)(c), 65C-22.007(4)(c), F.A.C., must be signed annually by all child care personnel.

    d. Prior to beginning volunteering in a school-age program, a CF-FSP 5217, July 2012 Volunteer Acknowledgement Affidavit, which is incorporated by reference, and may be obtained from the department’s website www.myflorida.com/childcare, must completed and on file at the facility for the volunteer.

    e. Initial Screening. Screening information must be documented on CF-FSP Form 5131, Background Screening and Personnel File Requirements, which is incorporated by reference in paragraph 65C-22.006(4)(d), 65C-22.007(4)(d), F.A.C. Screening includes the following:

    (I) through (II) No change.

    (III) CF Form 1649A, July 2012 Child Care Affidavit of Good Moral Character, which is incorporated by reference, must be completed for all child care personnel at time of initial screening or upon a change in employers. CF Form 1649A may be obtained from the department’s website at www.myflorida.com/childcare.

    f. through h. No change.

    i. Copies of training information and credentials as described in subsection 65C-22.008(4), 65C-22.009(4), below.

    j. No change.

    5. No change.

    a. through k. No change.

    (4) No change.

    (a) No change

    1. through 2. No change.

    3. “Begin training for child care personnel” refers to a candidate’s commencement of at least one of the child care training courses listed in Section 402.305(2)(d), F.S. and paragraph 65C-22.008(4)(c), 65C-22.009(4)(c), F.A.C. This may be accomplished by classroom attendance in a department-approved training course, acquiring an educational exemption from a department-approved training course, beginning a department-approved online child care training course, or by receiving results from a department-approved competency examination within the first 90 days of employment in the child care industry in any licensed Florida school-age child care program. The child care facility is responsible for obtaining documentation from child care personnel.

    4. No change.

    5. “Director” means “operator” as defined in Section 402.302(13)(11), F.S., is the on-site administrator or individual who has the primary responsibility for the day-to-day operation, supervision and administration of a child care facility.

    6. through13. No change.

    (b) No change.

    (c) No change.

    1. through 5. No change.

    6. School-age child care personnel in compliance with paragraph 65C-22.003(2)(a), 65C-22.004(2)(a), F.A.C., shall be considered in compliance with the school-age child care personnel training requirements.

    7. through 8. No change.

    (d) No change.

    (e) School-age child care personnel are exempt from the training requirement of five clock-hour early literacy and language development of children from birth to five years of age, under paragraph 65C-22.003(2)(b), 65C-22.004(2)(b), F.A.C.

    (f) School-age child care programs are exempt from the staff credential requirement as outlined in subsection 65C-22.003(7) 65C-22.004(7), F.A.C.

    (g) No change.

    (h) No change.

    1. Upon successful completion of the 40-hr introductory training requirements, as referenced in paragraph 65C-22.008(4)(c), 65C-22.009(4)(c), F.A.C., child care must complete a minimum of 10 clock-hours or one CEU of in-service training annually during the state’s fiscal year beginning July 1 and ending June 30.

    2. No change.

    3. Documentation of the in-service training requirement must be recorded on CF-FSP Form 5268, Child Care In-Service Training Record, which is incorporated by reference in paragraph 65C-22.004(6)(c) 65C-22.003(6)(c), F.A.C., and included in the child care facilities’ personnel records. CF-FSP Form 5268 may be obtained from the department’s website at www.myflorida.com/childcare. A new in-service training record is required each fiscal year. The in-service training records for the previous two fiscal years must also be maintained at the school-age child care program for review by the licensing authority.

    4. through 5. No change.

    (i) No change.

    1. Director Credential Requirement. Pursuant to Section 402.305(2)(f), F.S., a child care facility must have a credentialed director. An individual with an inactive Director Credential is ineligible to be the director of a child care facility. An applicant for the Director Credential must meet the requirements referenced in CF-FSP Form 5290, March 2009, Florida Child Care Director Credential and Renewal Application which is incorporated by reference in paragraph 65C-22.003(8)(a), 65C-22.004(8)(a) F.A.C. CF-FSP Form 5290 may be obtained from the department’s website at www.myflorida.com/childcare. All applications and documentation will be verified, and if complete, the credential will be issued by the department or designated representative on CF-FSP Form 5252, April 2006, Florida Director Credential Certificate, which is incorporated by reference in paragraph 65C-22.004(8)(a) 65C-22.003(8)(a), F.A.C.

    a. through e. No change.

    2. No change.

    a. through b. No change.

    c. In counties where the public school district has included four year-old children in public before-school and after-school programs, the school district may participate in the multi-site supervision option. Public school districts that serve four year old children in the before-school and after-school programs are required to have a credentialed staff person pursuant to the credentialing requirements in paragraph 65C-22.004(7)(a) 65C-22.003(7)(a), F.A.C., in order to accommodate the four year-old children.

    d. No change.

    3. through 4. No change.

    Rulemaking Authority 402.305 FS. Law implemented 402.305 FS. History-New 9-12-04, Amended 4-12-07, 5-1-08, 1-13-10,________.

     

    65C-22.009 Gold Seal Quality Care Program.

    (1) through (3) No change.

    Rulemaking Authority 402.281 FS. Law Implemented 402.281 FS. History–New 5-1-08, Amended 1-13-10,________.

     

    65C-22.010 Enforcement.

    (1) through (2) No change.

    Rulemaking Authority 402.305,402.310 FS. Law Implemented 402.305, 402.310 FS. History–New 5-1-08, Amended 1-13-10,______.