The Department intends to amend rules 65C-20.012, F.A.C., to add differential monitoring permitting an abbreviated inspection for family day care homes and large family child care homes that are eligible.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-20.012Enforcement

PURPOSE AND EFFECT: The Department intends to amend rules 65C-20.012, F.A.C., to add differential monitoring permitting an abbreviated inspection for family day care homes and large family child care homes that are eligible.

SUMMARY: The amendments include the following: (1) adds definitions, (2) sets forth criteria to be eligible for an abbreviated inspection, (3) identifies what the inspection will measure for compliance, and (4) sets forth when a provider will no longer be qualified for an abbreviated inspection.

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.

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 Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

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: 402.310, 402.313, 402.3131, 402.305

LAW IMPLEMENTED: 402.305, 402.310, 402.313, 402.3131

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-20.012 Enforcement.

This rule establishes the grounds under which the Department may issue an administrative fine, deny, suspend, revoke a license or registration or place a licensee or registrant on probation status as well as uniform system of procedures to impose disciplinary sanctions.

(1) Definitions.

(a) “Day” means a weekday, excluding weekends and holidays.

(b) “Differential Monitoring” is a regulatory method for determining the frequency or depth of monitoring based on an assessment of a program’s history of compliance with licensing rules.

(c) “Key Indicator Standards” are any standards identified that statistically predict overall compliance with all standards.

(d)(b) “Probation” is a licensing status indicating the license is in jeopardy of being revoked or not renewed due to violations within the control of the provider. Probation may require the licensee to comply with specific conditions intended to ensure that the licensee comes into and maintains compliance with licensing standards. Examples of such conditions include the following are: a deadline to remedy an existing violation, a specified period during which compliance with licensing standards must be strictly maintained; and, specified conditions under which the home must operate during the probationary period.

(e)(c) No change.

(f) “Supplemental Standards” are any standards not identified as a Key Indicator that if not met, pose a greater risk of harm to children in care.

(g)(d) No change.

(h)(e) “Violation” is a noncompliance with a licensing standard as described in an inspection report resulting from an inspection under Section 402.311, F.S., as follows regarding with regard to Class I, Class II, and Class III Violations.

1. through 3. No change.

(2) No change.

(3) Disciplinary Sanctions.

(a) through (b) No change.

(c) Technical assistance shall be provided for all violations. A grace period is provided, wherein a violation that has occurred more than two years prior to a subsequent violation of the same standard will not be counted for purposes of progressive discipline. A violation that has been withdrawn by the Department or has been dismissed as the result of an administrative proceeding held pursuant to Chapter 120, F.S., contesting an administrative complaint will not be counted for purposes of progressive discipline. A violation that is only reflected in an inspection report does not relieve the Department of its burden to prove that violation for purposes of progressive discipline upon the alleged occurrence of a subsequent violation.

(d) Failure to submit a completed CF-FSP Form 5133, Application for a License to Operate a Family Day Care Home, which is incorporated by reference in subsection 65C-20.008(1), F.A.C., or CF-FSP Form 5238, Application for a License to Operate a Large Family Child Care Home, which is incorporated by reference in paragraph 65C-20.008(2) 65C-20.013(3)(a), F.A.C., for renewal of an annual license at least 45 days prior to the expiration date of the current license constitutes a licensing violation. The department shall issue an administrative complaint imposing a fine of $50.00 for the first occurrence, $100.00 for the second occurrence, and $200.00 for each subsequent occurrence within a five-year period.

(e) Disciplinary sanctions for licensing violations shall be progressively enforced as follows:

1. Class I Violations.

a. No change.

b. For the third and subsequent violation of a Class I standard, the Department shall suspend, deny, or revoke the license. The Department, upon applying the factors in section 402.310(1)(b), F.S., may also levy a fine not less than $100.00 nor more than $500.00 per day for each violation in addition to any other disciplinary sanction.

2. No change.

3. Class III Violations.

a. For the third violation of the same Class III standard, the Department shall impose a fine of $25.00 for each violation. This violation, and subsequent violations of the same standard within a two-year period will be classified as “Class III.”

b. through d. No change.

(4) Differential Monitoring.

(a) Eligibility. To be eligible for an inspection under the differential monitoring method, the home must:

1. Be licensed for at least 24 consecutive months;

2. Have received at least two on-site renewal inspections in the most recent 24 months;

3. Have no citations for any Class I or Class II violations within the most recent 24 month period; and,

4. Have no current uncorrected violations.

5. Have no open regulatory complaints nor active Child Protection Service investigations.

(b) Inspection. The inspection will measure compliance with the Key Indicator System Standards, the Supplemental Standards, and five randomly-selected standards. If one or more violations of a Class I or Class II level are identified, the provider will no longer be eligible for an abbreviated inspection and will be subject to a full inspection.

Imposition of an administrative fine shall be accomplished through an administrative complaint. Denial of a license or registration or conversion to probationary status pursuant to section 402.310, F.S., may be accomplished through an administrative complaint or a notice of intent to deny a pending renewal application.

(5) Access. The family day care operator must allow access to the entire premises of the family day care home to inspect for compliance with family day care home minimum standards. Access to the family day care home also includes access by the parent, legal guardian, and/or custodian, to their child(ren) while in care.

(6) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 402.310, 402.313, 402.3131, 402.305 402.405 FS. Law Implemented 402.305, 402.310, 402.313, 402.3131 FS. History–New 7-2-98, Amended 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10, 10-25-17, 6-12-19, 1-9-22. Amended________

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dinah Davis.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 29, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 12, 2022