The modifications were made to clarify and reorganize sections of the rule for easier use and provide additional fire and emergency preparedness language to protect the health and safety of children in a child care setting.

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation Program

RULE NO: RULE TITLE
65C-22.001: General Information
65C-22.002: Physical Environment
65C-22.003: Training
65C-22.004: Health Related Requirements
65C-22.005: Food and Nutrition
65C-22.006: Record Keeping
65C-22.007: Evening Child Care
65C-22.008: School Age Child Care
65C-22.009: Gold Seal Quality Care Program
65C-22.010: Enforcement
PURPOSE AND EFFECT: The modifications were made to clarify and reorganize sections of the rule for easier use and provide additional fire and emergency preparedness language to protect the health and safety of children in a child care setting.
SUMMARY: The rule modifications were implemented based on requests for clarification on sections of the rules by licensing staff, providers, and community partners throughout the state. To meet the requests, several sections of the rules have been reorganized to move related topics to one area and the consolidation of several CF-FSP Forms.
In addition, more stringent fire safety requirements were added for providers when conducting monthly fire drills to include monitoring and maintaining of equipment, which could, if not maintained, result in a fire. The new fire safety requirements are as a result of the death of a child during naptime at a child care facility in the summer 2008. Language was also added requiring facilities and homes to create emergency preparedness plans to ensure procedures are in place for situations such as inclement weather or threats from an outside source.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 402.26-.319 FS.
LAW IMPLEMENTED: 402.26-.319 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tallahassee: Monday, June 22, 2009, 12:00 Noon
Orlando: Thursday, June 25, 2009, 12:00 Noon
PLACE: Tallahassee: Department of Children and Family Services, 1317 Winewood Blvd., Bldg. 4, Tallahassee, Florida 32399-0700
Orlando: Department of Children and Family Services, 400 W. Robinson Street, Conference Rooms A & B, South Tower, Orlando, Florida 32801
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Department of Children and Family Services, Child Care Program Office – Policy Unit, 1317 Winewood Blvd., Bldg. 6, 3rd Floor, Room 389A, Tallahassee, Florida 32399-0700 or by calling [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Department of Children and Family Services, Child Care Program Office – Policy Unit, 1317 Winewood Blvd., Bldg. 6, 3rd Floor, Room 389A, Tallahassee, Florida 32399-0700 or by calling [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

65C-22.001 General Information.

(1) Application.

(a) Application for a license or for renewal of a license to operate a child care facility must be made on CF-FSP Form 5017, March 2009 August 2007, Application for a License to Operate a Child Care Facility, which is incorporated by reference. CF-FSP Form 5017 may be obtained from the licensing authority or on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare by clicking on the forms link.

(b) Each completed, CF-FSP Form 5017 must be submitted with the licensure fee pursuant to Section 402.315, F.S.

(c) The completed CF-FSP Form 5017 must be signed by the individual owner, or prospective owner, or the designated representative of a partnership, association, or corporation,. and must include submission of background screening documents for the owner/operator, and approved fire and environmental health inspections.

(d) For the purpose of issuing a license, any out-of-state criminal offense, which if committed in Florida, would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes under this rule.

(d)(e) 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), F.A.C.

(e)(f) Urban Child Care.

1. In order to be classified as an urban child care facility, the applicant, prior to submitting an application for licensure must:

a. Oobtain written documentation from the local governing body that confirms the geographical area has been declared urban; and.

b. Consult with Urban child care facilities must receive approval from the licensing authority to verify that the required and provide documentation at the time of application that the outdoor play space, required by subsection 65C-22.002(4), F.A.C., does not exist or cannot be made available. Urban designation will not be granted if the licensing authority determines space for an outdoor play area is available: requirement cannot be met. An urban child care facility will not be approved if outdoor space is found by the licensing authority to be available. Outdoor play space is “available” if appropriate space:

(I) is adjacent to the facility, or

(II) can be reached by a route that is free of hazards and is within 1/8 mile of the facility.

2. If requirements in subparagraph 1., above, are met, the applicant must complete and submit the CF-FSP Form 5017.

3. No application for an urban child care facility designation will be approved by the licensing authority without the above criteria being met.

(2) License.

(a) A child care facility license is issued in the name of the owner., The owner may be an individual, partnership, association, or corporation.

(b) At least one (1) week prior to changing ownership of a child care facility, in compliance with Section 402.305(18), F.S., one (1) of the following methods of notification to custodial parents or legal guardians must be observed:

1. Posting a notice in a conspicuous location at the facility;

2. Incorporating information into an existing newsletter; or

3. Individual letters or fliers.

(c) The total number of children in care on-site and while on field trips may never exceed the facility’s licensed capacity as reflected on the annual license.

(d) The Department may issue a provisional license allowing a facility to operate for a designated period of time while working to correct one or more licensing standard(s) not met, provided the owner is making adequate provisions to ensure the health and safety of the children in care. A provisional license is a not a disciplinary sanction.

(3) Minimum Age Requirements. In the absence of the operator, there must be a staff person at least 21 years of age in charge of the child care facility, and on the premises at all times.

(4) Ratios.

(a) The staff-to-child ratio, as established in Section 402.305(4), F.S., is based on primary responsibility for the direct supervision of children, and applies at all times while children are in care.

(b) Mixed Age Groups.

1. In groups of mixed age ranges, where children under one (1) year of age are included, one (1) staff member shall be responsible for no more than four (4) children of any age group, at all times.

2. In groups of mixed age ranges, where children one (1) year of age but under two (2) years of age are included, one (1) staff member shall be responsible for no more than six (6) children of any age group, at all times.

(c) For every 20 children, a child care facility must have one (1) credentialed staff member pursuant to Section 402.305(3), F.S.

(5) Supervision.

(a) Direct supervision means watching and directing children’s activities within the same room or designated outdoor play area, and responding to the needs of each child. Child care personnel at a facility must be assigned to provide direct supervision to a specific group of children, and be present with that group of children at all times. When caring for school-age children, child care personnel shall remain responsible for the supervision of the children in care, shall be capable of responding to emergencies, and are accountable for children at all times, including when children are separated from their groups.

(b) During nap time, supervision requires that staff be means sufficient staff are in close proximity, within sight and hearing of all the children. All other staff required to meet the staff-to-child ratio shall be within the same building on the same floor, and must be readily accessible and available to be summoned to ensure the safety of the children. Nap time supervision, as described in this section, does not include supervision of children up to 24 months of age, who must be directly supervised at all times.

(c) No person shall be an operator, owner, or employee of a child care facility while using or under the influence of narcotics, alcohol, or other drugs that impair an individual’s ability to provide supervision and safe child care.

(d) Additional Supervision Requirements.

1. In addition to the number of staff required to meet the staff-to-child ratio, for the purpose of safety, one (1) additional adult must be present on all field trips away from the child care facility to assist in providing direct supervision.

2. If a child care facility uses a swimming pool that exceeds three (3) feet in depth or uses beach or lake areas for water activities, the child care facility must provide one (1) person with a certified lifeguard certificate or equivalent unless a certified lifeguard is on duty and present when any children are in the swimming area. In situations where the child care facility provides a person with a certified lifeguard certificate or equivalent, that person can also serve as the additional adult to meet the requirement in subparagraph (d)1., above.

3. A telephone or other means of instant communication shall be available to staff responsible for children during all field trips. Cellular phones, two-way radio devices, citizen band radios, and other means of instant communication are acceptable.

(6) Transportation. For the purpose of this section, vehicles refer to those that are owned,/operated, or contracted to transport children to or from regularly used by the child care facility and vehicles that provide transportation through a contract or agreement with an outside entity. Parents’ personal vehicles used during field trips are excluded from meeting the requirements in subparagraphs 65C-22.001(6)(a)2., (b) & (c), F.A.C.

(a) When any vehicle is regularly used by a child care facility to provide transportation, the driver shall have the following:

1. Aa valid current Florida driver’s license,

2. Aan annual physical examination which grants medical approval to drive, and valid certificate(s) of course completion for first aid training and infant and child cardiopulmonary resuscitation (CPR) procedures.

(b) All child care facilities must comply with the insurance requirements found in Section 316.615(4), F.S.

(c) All vehicles regularly used to transport children shall be inspected annually by a mechanic to ensure proper working order. Documentation by the mechanic shall be maintained in the vehicle.

(d) The maximum number of individuals transported in a vehicle may not exceed the manufacturer’s designated seating capacity or the number of factory installed seat belts.

(e) Each child, when transported, must be in an individual factory installed seat belt or federally approved child safety restraint, unless the vehicle is excluded from this requirement by Florida Statute.

(f) When transporting children, staff-to-child ratios must be maintained at all times. The driver may be included in the staff-to-child ratio. Prior to transporting children and upon the vehicle(s) arrival at its destination, the following shall be conducted by the driver(s) of the vehicle(s) used to transport the children:

1. Driver’s Log. A log shall be maintained for all children being transported in the vehicle. The log shall be retained for a minimum of four (4) months. The log shall include each child’s name, date, time of departure, time of arrival, signature of driver, and signature of second staff member to verify the driver’s log and the fact that all children have left the vehicle.

2. Upon arrival at the destination, the driver of the vehicle shall:

a. Mark each child off the log as the children depart the vehicle;,

b. Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle;, and

c. Sign, date and record the driver’s log immediately, verifying that all children were accounted for, and that the visual sweep was conducted.

3. Upon arrival at the destination, a second staff member shall:

a. Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle;, and

b. Sign, date and record the driver’s log immediately, verifying that all children were accounted for and that the log is complete.

(g) Emergency medical consent forms or copies of the consent forms signed by the custodial parent or legal guardian, and emergency contact numbers must accompany the children while being transported.

(7) Planned Activities.

(a) Each age group or class must have a written and followed plan of scheduled daily activities posted in a conspicuous location accessible to parents. The written plan must meet the needs of the children being served and include scheduled activities that:

1. Promote emotional, social, intellectual and physical growth;

2. Include quiet and active play, both indoors and outdoors; and

3. Include meals, snacks and nap times, if appropriate for the age and the times the children are in care.

(b) Providers are encouraged to advise parents or legal guardians of their child’s activities on a daily basis and to participate in the program’s activities.

(c)(b) Parents or legal guardians must be advised in advance of each field trip activity. The date, time, and location of the field trip must be posted in a conspicuous location at least two (2) working days prior to each field trip. Written parental permission must be obtained in the form of a general permission slip. If special circumstances arise where notification of an event cannot be posted for two (2) working days, individual permission slips must be obtained from each the custodial parent or legal guardian for each child participating on the field trip. Documentation of parental permission for field trips shall be maintained for a minimum of four (4) months from the date of each field trip.

(8) Child Discipline.

(a) Verification that the child care facility has provided, in writing, the disciplinary policy used by the facility shall be documented on the enrollment form with the signature of the custodial parent or legal guardian.

(b) All child care personnel must comply with the facility’s written disciplinary policy. Such policies shall include standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited for by all child care personnel.

(c) 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) Access. A child care facility must provide the custodial parent or legal guardian access, in person and by telephone, to the child care facility during the facility’s normal hours of operation or during the time the child is in care.

(10) Attendance. Daily attendance of children shall be taken and recorded by the child care facility personnel, documenting the time when each child enters and departs a child care facility or program. The custodial parent or guardian may document the time when their child(ren) enter and depart the child care facility or program. However, child care facility personnel are responsible for ensuring that attendance records are complete and accurate. Such records shall be maintained for a minimum of four (4) months. Attendance forms used for Voluntary Pre-Kindergarten or School Readiness may be used if applicable.

(11) Child Safety.

(a) Acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute a violation of the standards in Section 402.301-.319309, F.S., and shall support imposition of a sanction, as provided in Section 402.310, 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 Section 402.301-.319, F.S.

Rulemaking Specific Authority 402.305 FS. Law Implemented 402.305, 402.3055, 402.308, 402.310, 402.311, 402.315 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,________.

 

65C-22.002 Physical Environment.

(1) General Requirements.

(a) All child care facilities must be clean, in good repair, free from health and safety hazards and from vermin infestation.

(b) During the hours that the facility is in operation, no portion of the building shall be used for any activity which endangers the health and safety of children.

(c) Heating and air conditioning vents, filters, exhaust fans, air vents, ceiling fans, and dryer vents must be clean and free from dust and lint build-up of more than 1/2 inch thick and must meet fire and building code requirements. It is the owner’s responsibility to obtain lead and asbestos environmental assessments, as applicable.

(d)(b) All areas and surfaces accessible to children shall be free from toxic substances and hazardous materials.

(e)(c) Animals must be properly immunized, free from disease, and clean. Parents must be informed in writing of all animals on the premises. Such information may be provided by way of a conspicuously posted notice or bulletin, policy handbook, parent flier, or a statement included on the enrollment form. Documentation of current immunizations must be available for review upon request by the licensing authority.

(f)(d) All potentially harmful items including cleaning supplies, flammable products, poisonous, toxic, and hazardous materials must be labeled. These items, including as well as knives, sharp tools, and other potentially dangerous hazards, shall either be stored and in a locked container or a locked area or must be inaccessible and out of a child’s reach that is inaccessible to children.

(g)(e) No firearms or weapons as defined in Section 790.001, F.S., shall be allowed within any building or conveyance, or upon any person located on the premises, excluding federal, state or local Law Enforcement Officers.

(h)(f) No narcotics, alcohol, or other impairing drugs shall be present on the premises.

(i)(g) Pursuant to Chapter 386, F.S., smoking is prohibited within the child care facility, all outdoor play areas, during field trips, and in vehicles when being used to transport children. Owners/operators are to notify custodial parents and legal guardians, in writing, that smoking is prohibited on the premises of the child care facility.

(j)(h) Design and construction of a new child care facility or modifications to an existing facility must meet the minimum requirements of the applicable local governing body.

(2) Rooms Occupied by Children.

(a) All rooms must have and maintain lighting the equivalent of 20 foot candles at three (3) feet from the floor to allow for supervision, and for safe methods of entering and exiting each room.

(b) In reading, painting, and other close work areas, lighting must be equivalent to 50 foot candles on the work surface.

(c) During naptime, At all times lighting must be sufficient to visually observe and supervise children, including during naptime.

(d)(b) An inside temperature of 65º to 82º degrees Fahrenheit Fahenheit must be maintained at all times.

(e)(c) All rooms shall be kept clean, adequately ventilated and in good repair. Cleaning shall not take place while rooms are occupied by children except for general clean-up activities which are a part of the daily routine.

(f)(d) Rodents and vermin shall be exterminated. Pest control shall not take place while rooms are occupied by children.

(3) Indoor Floor Space.

(a) A child care facility that held a valid license on October 1, 1992, must have a minimum of 20 square feet of usable indoor floor space for each child. A child care facility that did not hold a valid license on October 1, 1992, and seeks regulatory approval to operate as a child care facility, must have a minimum of 35 square feet of usable indoor floor space for each child.

(b) Usable indoor floor space refers to that space available for indoor play, classroom, work area, or nap space. Usable indoor floor space, for the facility as a whole, is calculated by measuring at floor level from interior walls, and by deleting space for stairways, toilets and bath facilities, permanent fixtures, and non-movable furniture. Kitchens, offices, laundry rooms, storage areas, hallways, and other areas not used in normal day-to-day operations are not included when calculating usable indoor floor space.

(c) In addition to the total facility minimum square footage per child, each room that is routinely occupied by children must also have a minimum of 20 square feet or 35 square feet (whichever is applicable) per child at all times, pursuant to Section 402.305(6), F.S.

(d) Shelves or storage for toys and other materials shall be considered as usable indoor floor space if accessible to children.

(e) 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.

(f) The capacity, as calculated by the licensing authority for each room, must be posted in a conspicuous location within the room.

(g) When common or multi-purpose areas are used for dining or occasional large group assembly activities and special events, the applicable 20 or 35 square feet requirement of usable space for each child does not apply for that period of time only; however, the facility must maintain minimum square footage per child in accordance with the local fire authority requirements.

(4) Outdoor Play Area.

(a) There shall be a minimum of 45 square feet of usable, safe, and sanitary outdoor play area per child, one (1) year of age and older. A minimum outside play area shall be provided for one-half (1/2) of this identified population.

(b) The outdoor play area shall be calculated at the rate of 45 square feet per child in any group using the play area at one (1) time.

(c) The outdoor play area shall be clean, free from litter, nails, glass, and other hazards.

1. The outdoor play area shall provide shade.

2. During outdoor play, personnel must situate themselves in the outdoor play area so that all children can be observed and direct supervision provided.

(d) The facility’s outdoor play area shall be fenced in accordance with accepted safety practices and local ordinances to prevent access by children to all water hazards, within or adjacent to outdoor play areas, such as pools, ditches, retention and fish ponds.

(e) The outdoor play area shall have and maintain safe and adequate fencing or walls a minimum of four (4) feet in height. Fencing, including gates, must be continuous and shall not have gaps that would allow children to exit the outdoor play area. The base of the fence must remain at ground level and be free from erosion or build-up to prevent inside or outside access by children or animals.

(f) For the purposes of child care facilities that are providing care to school-age children, a fence is not required if all the following conditions are met:

1. The children using the outdoor play area are in five-year-old kindergarten and grades one or above;

2. One additional staff member above the established staff-to-child ratios provides direct supervision during all outdoor activities;

3. The outdoor play area is bordered by a road or street open to travel by the public with a posted or unposted speed limit of no more than 25 miles per hour, or where the posted or unposted speed limit is no greater than 35 miles per hour, and the playground is a minimum of 30 feet from the edge of the road; and

4. The licensing authority has provided written authorization to the program to operate without a fence.

(g)(f) For the purposes of a licensed urban child care facility, an additional minimum of 45 square feet of usable indoor play space for 25% of the licensed capacity shall be substituted for outdoor play space. The urban child care facility must provide this additional indoor space with equipment that provides physical activities appropriate for the age of the children.

(h)(g) Infants in care shall be provided opportunities for outdoor time each day that weather permits.

(h) For the purposes of child care facilities who are providing care to school-age children, a fence is not required if all the following conditions are met:

1. The children using the outdoor play area are in five-year-old kindergarten and grades one (1) or above;

2. In addition to the established staff-to-child ratios, for the purpose of safety, an additional staff member is present, during all times of outdoor activities, to assist in providing direct supervision;

3. The outdoor play area is bordered by a road or street open to travel by the public with a posted or unposted speed limit of no more than 25 miles per hour, or where the posted or unposted speed limit is no greater than 35 miles per hour, and the playground is a minimum of 30 feet from the edge of the road; and

4. The licensing authority has provided written authorization to the program to operate without a fence.

(5) Napping and Sleeping Space. For the purposes of these standards, sleeping refers to the normal night time sleep cycle while napping refers to a brief period of rest during daylight or early evening hours.

(a) Each facility must include a designated area where each child can sit quietly or lie down to rest or nap. When not in use, napping space and usable indoor floor space may be used interchangeably.

(b) Each child in care must be provided safe and sanitary bedding to be used when napping or sleeping. Bedding means a cot, bed, crib, playpen, mattress (excluding an air mattress or a foam mattress) or floor mat. Floor mats must be at least one (1) inch thick and covered with an impermeable surface. Floor mats, foam mattresses, air mattresses, and playpens may not be used for care when children are sleeping. Bedding must be appropriate for the child’s size. Bedding is not required for school-age children; however, the program or facility shall provide an area as described in paragraph 65C-22.002(5)(a), F.A.C., for those children choosing to rest.

(c) Linens, if used, must be laundered at least once each week and more often if soiled or dirty. Linens, if used for more than one (1) child shall be laundered between usage. Linens must be provided when children are sleeping and pillows and blankets must be available.

(d) Linens must be stored in a sanitary manner.

(b)(e) A minimum distance of 18 inches must be maintained around individual napping and sleeping spaces,.except a maximum of two sides of a napping or sleeping space may be against a solid barrier, such as a wall. The solid side of a crib does not meet the requirement of a solid barrier.

1. Napping and sleeping spaces shall not be under furniture or against furniture that may create a hazard.

2. Napping and sleeping spaces shall not interfere with eExit areas, which must remain clear in accordance with fire safety regulations.

(c)(f) Children up to one (1) year of age must be in an individual crib, portacrib, or playpen with sides. Crib sides must be raised and secured while an infant is in the crib, and bar spacings may not exceed two and three-eighths (2 3/8) inches. Cribs must meet the construction regulations as outlined in Title 16, Parts 1508 & 1509, Code of Federal Regulations. No double or multi-deck cribs, cots or beds may be used.

(d)(g) When napping or sleeping, young infants who that are not capable of rolling over on their own should shall be positioned on their back and on a firm surface to reduce the risk of Sudden Infant Death Syndrome (SIDS) unless an alternate position is authorized in writing by a physician. The documentation shall be maintained in the child’s record.

(6) Toilet and Bath Facilities.

(a) Each child care facility shall provide and maintain toilet and bath facilities that are easily accessible, and at a height usable by the children. Platforms are acceptable when safely constructed, with impervious surfaces, that can be and easily cleaned and sanitized or disinfected.

(b) For facilities having from one (1) to 15 children, there shall be one (1) toilet and one (1) wash basin. There shall be one (1) additional toilet and basin for every 30 children thereafter. For design and construction of a new child care facility or modification to an existing facility, paragraph 65C-22.002(1)(j)(h), above F.A.C., shall apply.

1. If only diapered infants are cared for in the facility, then one (1) toilet plus two (2) basins per 30 infants are is required.

2. Potty chairs, if used, shall be in addition to the toilet requirements, and shall be cleaned and sanitized or disinfected after each use.

(c) Toilet facilities shall not open directly into an area where food is prepared. A toilet facility may open directly into an area used by children where food is served.

(d) Children must receive supervision and care in accordance with their age and required needs, and be accounted for at all times while bathing or toileting.

(e) At least one (1) portable or permanent bath facility shall be provided and be available for bathing children. The portable or permanent bath facility shall be clean and must be sanitized or disinfected after each use.

(f) Running water, soap, trash receptacles, toilet paper, and disposable towels or hand drying machines that are properly installed and maintained shall be available and within reach of children using the toileting facility.

(g) Each basin and toilet must be maintained in good operating condition, clean, and sanitized or disinfected as needed, at least once per day.

(7) Fire and Emergency Safety.

(a) Unless statutorily exempted, all child care facilities shall conform to state standards adopted by the State Fire Marshal, Chapter 69A-36, F.A.C., Uniform Standards for Life Safety and Fire Prevention in Child Care Facilities, and shall be inspected annually. A copy of the current and approved annual fire inspection report by a certified fire inspector must be on file with the licensing authority.

(b) There shall be at least one (1) corded telephone in the child care facility that is neither locked nor located at a pay station that and is available to all staff during the hours of operation.

(c) The child care facility must properly maintain fire extinguishers at all times.

(d) The operator shall prepare and post an emergency evacuation plan in each room of the facility, excluding restrooms, including a diagram of safe routes by which the personnel and children may exit in the event of fire or other emergency requiring evacuation.

(e)(c) Fire drills shall be conducted monthly at various times when children are in care. A current attendance record must accompany staff out of the building during a drill or actual evacuation, and be used to account for all children. During the facility’s license year, the monthly fire drills conducted must include, at a minimum:

1. Two fire drills during the established napping/sleeping times,

2. Two fire drills using different alternate evacuation routes, and

3. One fire drill in the presence and at the request of the licensing authority in coordination with the operator or designee.

(f)(d) The operator shall maintain a written record of monthly fire drills showing the date, number of children and staff in attendance, evacuation route used, and time taken for all individuals to evacuate the premises. Each monthly record shall be maintained for a minimum of one year four (4) months from the date of the fire drill.

(g) When the facility’s fire alarm is activated, all adults and children must evacuate the facility.

(h) The operator shall develop a written emergency preparedness plan to include, at a minimum, procedures for lockdown, inclement weather, and other conditions.

(i) Emergency preparedness drills shall be conducted when children are in care and are in addition to fire drills required in paragraph (7)(e) above. Each drill outlined in the emergency preparedness plan must be practiced a minimum of one time per year, and the documentation 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) The operator shall maintain a written record of emergency preparedness drills showing the type of drill, date conducted, number of children and staff in attendance, and time taken for all individuals to complete the drill.

(k) Documentation of completed fire and emergency preparedness drills must be available at the time of the inspection. Documentation produced after the inspection shall not meet the licensing standard or corrective action requirements.

(l) After a fire or natural disaster, the operator must notify the licensing authority within 24 hours as to their operational status in order for the licensing authority to ensure health standards are being met for continued operation.

(8) Health and Sanitation.

(a) General Requirements.

1. All buildings, when the windows or doors are open, must have and maintain screens to prevent entrance of any insect or rodent. Screens are not required for open air classrooms and picnic areas.

2. Employees, volunteers, and children shall wash their hands with soap and running water, dry thoroughly, and follow personal hygiene procedures for themselves, or while assisting others, and immediately after outdoor play.

3. Safe drinking water shall be available to all children. If disposable cups are used, they must be discarded after each use.

4. If children are sleeping overnight in the facility, child care staff must ensure accepted bedtime routines are practiced, such as brushing teeth and washing face and hands washing. Toothbrushes, towels, and wash cloths may not be shared. Toothbrushes shall be stored so that they cannot touch each other.

(b) Diapering Requirements.

1. Hand – washing facilities that include a basin with running water, soap, trash receptacle, and disposable towels or hand drying machines that are properly installed and maintained shall be provided: in

a. In the infant room or in an adjoining room which opens into the room where infants or children with special needs in diapers are in care; or.

b. In an adjoining room, which opens into a room where children in diapers are in care.

2. Hands shall be washed and dried thoroughly after each diapering or toileting procedure, and all surfaces touched shall be cleaned and sanitized or disinfected to prevent the spread of germs.

3. Handwashing sinks shall not be used for food service preparation or food clean up.

4. The diaper changing area shall be physically separated from the food preparation, food service, and feeding area.

5.2. When children in diapers are in care, there shall be a diaper changing area with an impermeable surface that is cleaned and sanitized or disinfected with a sanitizing solution after each use.

6. Children must be attended at all times when being diapered or when changing clothes.

7.3. The diaper changing area shall be located separate from the food preparation, service and feeding area. In addition, Iitems unrelated to diaper changing shall not be stored in the diaper changing area nor shall they be placed on the diaper changing table.

8.4. There shall be a supply of clean diapers, clothing, and linens at all times. When diapers, clothing or linens that are in use become soiled or wet, they shall be changed immediately, or removed and properly disposed of.

a.5. Soiled disposable diapers shall be disposed of in a plastic lined, securely covered container that is not accessible to children. The container shall be emptied, cleaned and sanitized or disinfected at least daily.

b.6. Soiled cloth diapers shall be emptied of feces in the toilet and placed in a securely covered container that is not accessible to children. The container shall be emptied, cleaned and sanitized or disinfected, at least, daily.

(c) Bedding and Linens.

1. Each child in care must be provided safe and sanitary bedding to be used when napping or sleeping. Sleep bedding includes beds, cribs, or mattresses (excluding an air mattress or a foam mattress). Nap bedding includes sleep bedding, cots, playpens, or floor mats. Floor mats must be at least one inch thick, and covered with an impermeable surface cleaned and sanitized or disinfected after each use. Bedding must be appropriate for the child’s size. Nap bedding is not required for school-age children; however, the program or facility shall provide an area as described in paragraph (5)(a), above for those children choosing to rest.

2. Linens, if used, must be laundered at least once each week and more often if soiled or dirty. Linens, if used for more than one child shall be laundered between usage. Linens must be provided when children are sleeping, and pillows and blankets must be available.

3. Linens, when not in use, must be stored in a sanitary manner which prevents the spread of germs or lice from other linens.

(9) Equipment and Furnishings.

(a) Indoor Equipment.

1. A child care facility shall make available toys, equipment, and furnishings suitable to each child’s age and development and of a quantity for each child to be involved in activities.

2. Toys, equipment, and furnishings must be safe and maintained in a sanitary condition, and shall be cleaned and sanitized or disinfected immediately if exposed to bodily fluids, such as saliva.

(b) Outdoor Equipment.

1. A child care facility shall provide and maintain equipment, and play activities suitable to each child’s age and development.

2. All playground equipment shall be securely anchored, unless portable or stationary by design, in good repair, maintained in safe condition, and placed to ensure safe usage by the children. Maintenance shall include inspections checks, at least every other month, of all supports above and below the ground, and all connectors and moving parts. Documentation of maintenance inspections shall be retained for one year.

3. Permanent or stationary playground equipment must have a ground cover or other protective surface under the equipment that provides resilience, and is maintained to reduce the incidence of injuries to children in the event of falls.

4. All equipment, fences, and objects on the facility’s premises shall be free from sharp, broken and jagged edges, and properly placed to prevent overcrowding or safety hazards in any one (1) area.

5. All equipment used in the outdoor play area shall be constructed and maintained to allow for water drainage, and must be maintained in a safe and sanitary condition.

Rulemaking Specific 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,________.

 

65C-22.003 Training.

(1) Definitions.

(a) “Active” is refers to the status of a candidate’s awarded credential or certification in which demonstrates that the credential requirements have been successfully met.

(b) “Before-Sschool and After-Sschool site” refers to a program, regardless of location, that provides child care for children who are at least five (5) years old and who are enrolled in and attend a kindergarten program or grades one (1) and above during a school district’s calendar year. This is limited to programs that provide care only before and after the recognized hours of a district’s school day, and on teacher planning days, holidays, and intercessions that occur during the school district’s official calendar year.

(c) “Begin training for child care personnel” refers to a candidate’s commencement of at least one (1) of the child care training courses listed in Section 402.305(2)(d), F.S. 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 completion of a department-approved competency examination within the first 90 days of employment in the child care industry in any licensed Florida the child care facility. The child care facility is responsible for obtaining documentation from child care personnel.

(d) “Continuing Education Unit (CEU)” is a standard unit of measure of coursework used for training and credential purposes. The department will accept CEUs from education institutions accredited and recognized by the U.S. Department of Education, or nationally affiliated state professional organizations.

(e)(d) “Director,” means pursuant to the definition of “operator,” as defined in Section 402.302(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)(e) “Director Credential” is a department-approved comprehensive credential that consists of education, and experiential requirements as referenced in paragraph 65C-22.003(8)(a) below, F.A.C.

(g)(f) “Early Cchildhood Eeducation” refers to coursework, certification, a credential or degree specific to that specializes in children ages birth through eight years (8).

(g) “Expired” refers to the status of a candidate’s awarded credential or certification that is not eligible for renewal.

(h) “Florida Child Care Professional Credential (FCCPC),” pursuant to Section 402.305(3)(b), F.S., certifies successful completion of is a department-approved training program that consists of a minimum of 120 hours of early childhood instruction, 480 contact hours with children ages birth through eight years (8), and at least two (2) methods of formal assessment that offers two (2) areas of certification.; “Birth Through Five” (formerly the department-approved CDA Equivalency training programs)” and “School-Age” (formerly the Florida School-Age Certification).” Credentials must be documented on CF-FSP Form 5270, April 2006, Florida Child Care Professional Credential Certificate, which is incorporated by reference. Active credentials are valid for five years from the date of issuance. A list of approved and recognized FCCPC programs may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

(j)(i) “Florida Department of Education Child Care Apprenticeship Certificate (CCAC)” is a department-approved child care credential that consists of a minimum of 120 hours of early childhood instruction, and 480 contact hours with children ages birth through eight years (8), and meets or exceeds the requirements outlined in Section 402.305(3)(c), F.S. A list of approved and recognized DOE programs may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. Active credentials are valid for five years from the date of issuance. Credential renewal certificates must documented on CF-FSP Form 5270, April 2006, Florida Child Care Professional Credential Certificate.

(k)(j) “Florida Department of Education Early Childhood Professional Certificate (ECPC)” is a department-approved child care credential that consists of a minimum of 120 hours of early childhood instruction, and 480 contact hours with children ages birth through eight years (8), and meets or exceeds the requirements outlined in Section 402.305(3)(c), F.S. A list of approved and recognized DOE programs may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. Active credentials are valid for five years from the date of issuance. Credential renewal certificates must documented on CF-FSP Form 5270, April 2006, Florida Child Care Professional Credential Certificate.

(l)(k) “Florida Department of Education School-Age Professional Certificate (SAPC)” is a department-approved child care credential that consists of a minimum of 120 hours of early childhood instruction and 480 contact hours with school-age children, and that meets or exceeds the requirements outlined in Section 402.305(3)(c), F.S. A list of approved and recognized DOE programs may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. Active credentials are valid for five years from the date of issuance. Credential renewal certificates must documented on CF-FSP Form 5270, April 2006, Florida Child Care Professional Credential Certificate.

(m) “Foster Grandparents” are directly supervised volunteers who work with one or more children with special or exceptional needs in child care programs. Foster grandparents are not counted in the staff-to-child ratio. Foster grandparents shall be required to have 100% attendance in the following training courses: Child Care Facility Rules and Regulations; Health, Safety, and Nutrition; Identifying and Reporting Child Abuse and Neglect; and Special Needs Appropriate Practices. Foster grandparents are not classified as child care personnel, and they may not be assigned the roles of teacher’s aides, group leaders or other similar positions pursuant to Title 45, Public Welfare, Code of Federal Regulations, section 2552.75.

(n) “High School Diploma, GED and/or College Degree” means a diploma or degree obtained from institution accredited and recognized by U.S. Department of Education. If a high school diploma is earned outside the U.S., it must be translated by someone who is a member of the American Translators Association, an approved credential evaluation agency approved by the Bureau of Educators Certification, or an accredited college/university. If a college degree is earned outside the U.S., it must be evaluated by an approved credential evaluation agency approved by the Bureau of Educators Certification or an accredited college/university to be equivalent to a U.S. degree.

(o)(l) “Inactive” refers to the status of a candidate’s awarded credential or certification that is no longer active; however, remains eligible for renewal.

(p)(m) “National Early Childhood Credential (NECC)” pursuant to Section 402.305(3)(c), F.S., is an early childhood credential approved by the department and recognized by licensing authorities in at least five (5) states that incorporates 120 hours of early childhood instruction, and 480 contact hours with children ages birth through eight years (8), and that includes at least two (2) methods of formal assessment. This includes the Child Development Associate (CDA) credential issued by the Council for Professional Recognition in Washington, DC. A list of approved and recognized NECC programs may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

(q) “Professional contribution,” for the purpose of Director Credential renewal, demonstrates a dedication to early childhood or school-age education outside of the child care program responsibilities.

(r)(n) “Training Transcript” is the electronic documentation of statutorily mandated training and staff credential qualifications for child care personnel. Training Ttranscripts may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

(s)(o) “Weighted score” means a scaled score, rather than a percentage score, based on the difficulty of the exam and determined by competency exam professionals in consultation with subject matter experts.

(t) “Year of experience” is equivalent to a minimum of 1040 hours of paid and/or nonpaid documented work experience.

(2) Training Requirements.

(a) Child care personnel hired on or after October 1, 1992 must successfully complete the department’s Department of Children and Family Services’ 40 hour Introductory Child Care Training, as evidenced by successful completion of competency based examinations offered by the dDepartment of Children and Family Services or its designated representative with a weighted score of 70 or better. Child care personnel who successfully completed the mandatory 40 hour Introductory Child Care Training prior to January 1, 2004 are not required to fulfill the competency examination requirement.

1. All child care personnel must begin training within 90 days of employment and successfully complete training within 12 months from the date training begins. Training completion and may not exceed 15 months from the date of employment in the child care industry in any licensed Florida the child care facility.

2. The 40 hour Introductory Child Care Training requirement is divided into two (2) parts. Part I is comprised of 30 hours of training that consists of the department’s Department of Children and Family Services’ training courses, developed by the department, identified below:

a. Child Care Facility Rules and Regulations;

b. Health, Safety, and Nutrition;

c. Identifying and Reporting Child Abuse and Neglect;

d. Child Growth and Development; and

e. Behavioral Observation and Screening.

3. Part II is comprised of 10 hours of training that consists of a selection from the department’s Department of Children and Family Services’ specialized training courses, developed by the department, identified below:

a. Infant and Toddler Appropriate Practices (10 hours),

b. Preschool Appropriate Practices (10 hours),

c. School-Age Appropriate Practices (10 hours),

d. Special Needs Appropriate Practices (10 hours),

e. Basic Guidance and Discipline (5 hours online),

f. Computer Technology for Child Care Professionals (5 hours online),

f.g. Early Literacy for Children Age Birth to Three (5 hours online),

g.h. Early Childhood Computer Learning Centers (5 hours online), or

h.i. Emergent Literacy for Voluntary Pre-Kindergarten (VPK) Instructors (5 hours online).

4. Child care personnel in compliance with the school-age requirements in paragraph 65C-22.008(4)(c), F.A.C., shall be considered in compliance with the child care personnel training requirements.

5. Child care personnel who left the child care industry in compliance with training requirements, upon returning, shall be granted 90 days to comply with any new mandated training requirements. Completion of such training may be counted toward the in-service training requirement.

6. Child care personnel who left the child care industry not in compliance with training requirements must complete required training prior to re-employment.

7. Child care personnel employed at the same child care facility prior to October 1, 1992, with no break in employment with the same employer, are exempt from completing Part II of the child care training.

(b) Pursuant to Section 402.305(2)(d)5., F.S., all child care personnel must complete a single course of training in early literacy and language development of children ages birth through five years (5) that is a minimum of five (5)-clock-hours or .5 CEUs.

1. All child care personnel must complete early literacy training within 12 months of date of employment in the child care industry. Proof of completion will be documented on the certificate of course completion, classroom transcript, or diploma.

2. In order to meet the literacy training requirement, child care personnel must complete one (1) of the following:

a. One (1) of the department’s online literacy courses available on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare; or

b. One (1) of the department’s approved literacy training courses. A list of these courses may be obtained from the licensing authority or on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. (No additional courses will be approved by the department); or

c. One (1) college level early literacy course (for credit or non-credit) if taken within the last five (5) years.

(3) Exemptions from the Introductory Child Care Training.

(a) Competency Examination Exemptions. Child care personnel have one (1) opportunity, if they choose, to exempt from one (1) or more of the department’s Introductory Child Care Training courses prior to attending training by achieving successful completion of corresponding competency examinations with a weighted score of 70 or better on the corresponding competency examination(s). Exemption examinations are not available for the department’s online Part II specialized training courses.

(b) Educational Exemptions.

1. The dDepartment of Children and Family Services or its designated representative shall exempt child care personnel from the Health, Safety and Nutrition; Child Growth and Development; and Behavioral Observation and Screening courses those child care personnel who meet one (1) of the following educational qualifications:

a. Associate’s degree or higher with six (6) college credit hours in early childhood/child growth and development or degree in elementary education with certification to teach any age birth through 6th grade.

b. An active National Early Childhood Credential (NECC) or an active Birth Through Five Florida Child Care Professional Credential (FCCPC).

2. The dDepartment of Children and Family Services or its designated representative shall exempt child care personnel with a Bachelor’s degree or higher B.A., B.S. or advanced degree in Early Childhood Education or Preschool Education from the Infant and Toddler Appropriate Practices course and Preschool Appropriate Practices course.

3. The dDepartment of Children and Family Services or its designated representative shall exempt child care personnel with a Bachelor’s degree or higher B.A., B.S. or advanced degree in Elementary Education from the School-Age Appropriate Practices course.

4. The dDepartment of Children and Family Services or its designated representative shall exempt child care personnel with a Bachelor’s degree or higher B.A., B.S. or advanced degree in Exceptional Student Education from the Special Needs Appropriate Practices course.

5. There are no educational exemptions from the Child Care Facility Rules and Regulations and the Identifying and Reporting Child Abuse and Neglect courses, or from the department’s online training courses.

(4) Documentation of Training. Effective July 1, 2010, the department’s Training Transcript will be the only acceptable verification of successful completion of the department’s training. completed successfully will be documented on the Ttraining completion documented transcript or on CF-FSP Form 5267, March 2009 April 2006, Child Care Training Course Completion Certificate, which is incorporated by reference, will no longer be accepted by the department after July 1, 2010, nor will any previous version of the form CF-FSP 5267. A copy of the department’s Training Transcript may be obtained from the licensing authority or on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare by clicking on the training link.

(a) A copy of the CF-FSP Form 5267 until July 1, 2010, or Ttraining Ttranscript must be included in each staff member’s child care personnel record and maintained at each child care facility.

(b) A copy of the CF-FSP Form 5267 until July 1, 2010, or Ttraining Ttranscript for the director of a child care facility must be included in the department’s official licensing file.

(c) Training documented on CF-FSP Form 5267 that is not included on an individual’s Training Transcript must be sent to the department or designated representative prior to July 1, 2010, to be documented on the individual’s Training Transcript.

(d) As of July 1, 2010, any course completion certificate not documented on the Training Transcript will be considered invalid, requiring that the course(s) be retaken. Until the coursework is retaken and completed, child care facilities will be out of compliance with the mandated training standard.

(5) Child Care Trainer Qualifications. Child care professionals approved to teach the department’s Department of Children and Family Services’ Child Care Training courses must meet, at a minimum, the following qualifications:

(a) Be aAt least 21 years of age.

(b) Have completed the department’s six-(6)-clock-hour Train-the-Trainer course.

(c) Have Meet one (1) of the following educational and experiential credentials verified by the department Department of Children and Family Services or its designated representative:

1. Four (4) year college degree or higher with six (6) college credit hours in early childhood education/child growth and development and 480 hours experience in a child care setting serving children ages birth through eight years (8),. or Aa Florida teaching certificate may be substituted for the 480 hours experience in a child care setting.

2. Associate’s degree in Early Childhood Education or Child Development and 480 hours experience in a child care setting serving children ages birth through eight years (8).

3. Associate’s degree with six (6) college credit hours in early childhood/child growth and development and 960 hours experience in a child care setting serving children ages birth through eight years (8).

4. Ffour (4) year college degree with a Florida teaching certificate and be currently employed by a school district in the state of Florida to teach Early Childhood Education in the Education and Training Cluster under the Department of Education Career and Technical Education Family and Consumer Sciences Program. Trainers who meet this education and experience qualification are limited to teaching only in the Florida Department of Education Early Childhood Professional Certificate (ECPC) and Child Care Apprenticeship Certificate (CCAC) programs.

5. Family child care trainers may meet the qualifications referenced in paragraph 65C-22.003(5)(c), F.A.C., or the following qualifications: Aa high school diploma or GED;, a National Early Childhood Credential or a department-approved Birth Through Five FCCPC, and three (3) years of full-time experience in licensed family child care within the past five (5) years. Trainers who meet this education and experience qualification are limited to teaching only the six hour Family Child Care Home Rules and Regulations course.

6. Four year college degree or higher with six college credit hours in school-age education, and 480 hours experience in a child care setting serving school-age children ages birth through twelve years. A Florida teaching certificate may be substituted for the 480 hours experience in a child care setting. Trainers who meet this education and experience qualification are limited to teaching only the ten hour School-Age Appropriate Practices course.

(d) The dDepartment of Children and Family Services or its designated representative may require a trainer to attend a specific child care training course prior to being approved.

(6) Annual In-Service Training.

(a) All child care facility personnel must complete a minimum of 10-clock-hours or one (1) CEU of in-service training annually during the state’s fiscal year beginning July 1 and ending June 30.

(b) The annual 10-clock-hours or one (1) CEU of in-service training concentrating on children ages birth through 12, must be completed in one (1) or more of the following areas (college level courses will be accepted):

1. Health and safety, including universal precautions;

2. Infant and/or child CPR;

3. First Aid (may only be taken to meet the in-service requirement once every three (3) years);

4. Nutrition;

5. Child development – typical and atypical;

6. Child transportation and safety;

7. Behavior management;

8. Working with families;

9. Design and use of child oriented space;

10. Community, health and social service resources;

11. Child abuse;

12. Child care for multilingual children;

13. Working with children with disabilities in child care;

14. Safety in outdoor play;

15. Literacy;

16. Guidance and discipline;

17. Computer technology;

18. Leadership development/program management and staff supervision;

19. Age appropriate lesson planning;

20. Homework assistance for school-age care;

21. Developing special interest centers/spaces and environments; or

22. Other course areas relating to child care or child care management.

(c) Documentation of the in-service training requirement must be recorded on CF-FSP Form 5268, March 2009 September 2005, Child Care In-Service Training Record, which is incorporated by reference, and included in the child care facilities’ personnel records. CF-FSP Form 5268 may be obtained from the licensing authority or on the dDepartment of Children and Family Services’ 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 (2) fiscal years must also be maintained at the child care facility for review by the licensing authority.

(d) Mandated 40-clock-hour introductory child care training, Parts I and II, may be used to meet the annual in-service training requirement during the first fiscal year of employment.

(e) All child care personnel continuously employed or hired between July 1 and June 1 of the state’s fiscal year must complete the annual in-service training requirement. This includes any changes in employment from one program to another.

(f) Child care personnel continuously employed or hired between July 1 and June 1 of the state’s fiscal year who do not complete the required annual in-service training during any given year must complete the remaining in-service training hours within 30 days of the noncompliance finding by the licensing authority. These hours cannot be used to meet the current year’s in-service training requirements.

(7) Staff Credentials.

(a) Staff Credential Requirement. Pursuant to Section 402.305(3), F.S. a licensed child care facility must have a minimum of one (1) credentialed staff member for every 20 children.

1. A credentialed staff member is defined as a child care professional who has been issued a CF-FSP Form 5206, January 2008, Staff Credential Verification documented on the individual’s Training Transcript, which is incorporated by reference, by the department. All credentials used for the participation in the Voluntary Pre-Kindergarten (VPK) must be active. If the licensing authority identifies that a designated VPK teacher does not have an active credential, the licensing authority will notify the local Early Learning Coalition or designated representative.

2. To apply for a staff credential verification CF-FSP Form 5206, a candidate must complete CF-FSP Form 5211, March 2009 January 2008, Florida Child Care Staff Credential Verification Application, which is incorporated by reference, and copies of which may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare., and The candidate must meet one (1) of the following five six (6) qualifications as cited on CF-FSP Form 5211:

a. An active National Early Childhood Credential (NECC).

b. Formal Educational Qualifications.

c. An active Birth Through Five Florida Child Care Professional Credential awarded as a Florida Child Care Professional Credential (FCCPC); Florida Department of Education Child Care Apprenticeship Certificate (CCAC), or Early Childhood Professional Certificate (ECPC). by successful completion of a Birth Through Five FCCPC Training Program as documented on CF-FSP Form 5270, April 2006, Florida Child Care Professional Credential Certificate, which is incorporated by reference. A list of approved programs is maintained on the Department of Children and Family Services’ website at www.myflorida.com/childcare.

d. An active Florida Department of Education Child Care Apprenticeship Certificate (CCAC), Early Childhood Professional Certificate (ECPC) (formerly CDA Equivalent), or School-Age Professional Certificate (SAPC) (formerly School-Age Certification Training).

d.e. An active School-Age Florida Child Care Professional Credential awarded as a Florida Child Care Professional Credential (FCCPC) or School-Age Professional Certificate (SAPC) by successful completion of a School-Age FCCPC Training Program as documented on CF-FSP Form 5270. A list of approved programs is maintained on the Department of Children and Family Services’ website at www.myflorida.com/childcare. Graduates who successfully complete a school-age training program offered by a branch of the U.S. Military will be recognized as having met the School-Age FCCPC requirement. A School-Age FCCPC will not be accepted to meet the minimum staff credential requirements for Voluntary Pre-Kindergarten (VPK).

e.f. Employment History Recognition Exemption. An Employment History Recognition Exemption shall will not be accepted to meet the minimum staff credential requirements for Voluntary Pre-Kindergarten (VPK) or towards a Director Credential. Applications for Employment History Recognition Exemption will not be accepted after July 1, 2006.

(b) Calculation of Number of Personnel Necessary. The required number of credentialed staff for a facility shall be calculated as follows:

1. Child care facilities with 19 or fewer children or that operate less than eight (8) hours per week are not subject to the staff credential requirement.

2. For every 20 children, a child care facility must have one (1) child care staff member who meets the staff credential requirement. Based on this formula, child care facilities with 20-39 children must have one (1) credentialed staff member, facilities with 40-59 children must have two (2) credentialed staff members, and so on. The licensing authority will calculate the number of credentialed personnel required based on daily attendance.

3. Child care personnel meeting the staff credential requirement in paragraph 65C-22.003(7)(a) above, F.A.C., must work at the facility a minimum of 20 hours per week. A credentialed staff person must be on-site during all operational hours for those facilities that operate 20 hours or less per week.

4. Nap time and lunch times are excluded from this calculation.

5. Volunteers who work at the facility a minimum of 20 hours per week and meet the credential requirement may will be included in calculating the credential ratio.

6. Children who are five (5) years old, and who are enrolled in and attend a kindergarten program or grades one (1) and above are excluded from the credential ratio.

7. An individual with an expired or inactive credential is ineligible to be counted as a credentialed staff member pursuant to subparagraph 65C-22.003(7)(a)1. above, F.A.C., until the credential is renewed or the individual meets one (1) of the qualifications listed in paragraph 65C-22.003(7)(a) above, F.A.C.

(c) On-Site Documentation. A copy of the CF-FSP Form Training Transcript for each credentialed staff member must be maintained on-site at the child care facility, in the employee personnel file, for review by child care licensing staff. In addition to CF-FSP Form 5206, Cchild care facilities must maintain written documentation of credentialed personnel’s work schedules. Examples of written documentation are employee time sheets, personnel work schedules, and employment records.

(d) Staff Credential Renewal.

1. To maintain an active A National Early Childhood Credential, it must be renewed through the agency that awarded the original credential. Once renewed, for licensing purposes, individuals must complete a CF-FSP Form 5211, Florida Child Care Staff Credential Verification Application to have the individual’s Training Transcript updated with renewed credential information. Prior to December 31, 2008, a National Early Childhood Credential may comply with the Birth Through Five Florida Child Care Professional Credential renewal process referenced in subparagraph 65C-22.003(7)(d)3., F.A.C., if the credential was issued prior to December 31, 2003.

2. A staff credential awarded for formal education qualifications is always active and does not need to be renewed to remain active.

3. To maintain an active Birth Through Five or School-Age Child Care Credential FCCPC, every five (5) years a candidate must complete the renewal section of the CF-FSP Form 5211; if all criteria are met, the individual’s Training Transcript will be updated with renewed credential information renew their Birth Through Five FCCPC by completing CF-FSP 5273, April 2006, Birth Through Five Florida Child Care Professional Credential Renewal Application, which is incorporated by reference. CF-FSP Form 5273 may be obtained on the Department of Children and Family Services’ website at www.myflorida.com/childcare/.

a. A Birth Through Five FCCPC renewal will be documented on CF-FSP Form 5270. Renewal applications may be submitted by the candidate no earlier than one (1) year prior to the end of the active period of the Birth Through Five or School-Age Child Care Credential FCCPC.

b. Individuals with a Birth Through Five FCCPC issued before December 31, 2003 may renew the credential by submitting a CF-FSP 5273 with the required documentation by December 31, 2008. A Birth Through Five FCCPC issued after December 31, 2003 will have a renewal date of five (5) years from the date of issuance.

c. An individual with an inactive Birth Through Five or School-Age Child Care Credential FCCPC may submit a renewal application for a period of up to three (3) years from the end of the Birth Through Five FCCPC active period, but while inactive the individual shall not be counted to meet the staff credential requirement. The application will be reviewed, and if approved, a certificate will be issued with a renewal date of five (5) years from the date the renewal requirements are met completed CF-FSP Form 5273 is processed.

d. For purposes of participation in the Voluntary Pre-Kindergarten (VPK) Program, child care personnel must ensure an active credential by July 1, 2006.

4. To maintain an active Florida Department of Education Child Care Apprenticeship Certificate (CCAC), Early Childhood Professional Certificate (ECPC), every five (5) years a candidate must renew their Florida Department of Education CCAC, ECPC by completing CF-FSP Form 5309, April 2006, Florida Department of Education Child Care Apprenticeship Certificate (CCAC) and Early Childhood Professional Certificate (ECPC) Renewal Application, which is incorporated by reference. To maintain an active Florida Department of Education School-Age Professional Certificate (SAPC), every five (5) years a candidate must renew their SAPC by completing CF-FSP Form 5308, April 2006, Florida Department of Education School-Age Professional Certificate (SAPC) Renewal Application, which is incorporated by reference. CF-FSP Forms 5308 and 5309 may be obtained on the Department of Children and Family Services’ website at www.myflorida.com/childcare.

a. A Florida Department of Education CCAC, ECPC or SAPC renewal will be documented on CF-FSP Form 5310, April 2006, Certificate for Florida Department of Education Child Care Apprenticeship Certificate (CCAC)/Early Childhood Professional Certificate (ECPC)/School-Age Professional Certificate (SAPC) Program Renewal, which is incorporated by reference. CF-FSP Forms 5308 and 5309, as applicable, may be submitted by the candidate no earlier than one (1) year prior to the end of the active period of the Florida Department of Education CCAC, ECPC or SAPC.

b. An individual with an inactive Florida Department of Education CCAC, ECPC or SAPC may submit a renewal application for a period of up to three (3) years from the end of the Florida Department of Education CCAC, ECPC or SAPC active period. CF-FSP Form 5308 or 5309, as applicable, will be reviewed and, if approved, a CF-FSP Form 5310 will be issued with a renewal date of five (5) years from the date the completed CF-FSP Form 5308 or 5309 is processed.

5. To maintain an active School-Age FCCPC, every five (5) years a candidate must renew their School-Age FCCPC by completing CF-FSP Form 5307, April 2006, the School-Age Florida Child Care Professional Credential Renewal Application, which is incorporated by reference. CF-FSP Form 5307 may be obtained on the Department of Children and Family Services’ website at www.myflorida.com/childcare.

a. A School-Age FCCPC renewal will be documented on CF-FSP Form 5270. Renewal applications may be submitted no earlier than one (1) year prior to the end of the active date of the School-Age FCCPC.

b. An individual with an inactive School-Age FCCPC may submit a renewal application for a period of up to three (3) years from the end of the School-Age FCCPC active period. The application will be reviewed and, if approved, a certificate will be issued with a renewal date of five (5) years from the date the completed CF-FSP Form 5270 is processed.

4.6. A staff credential awarded for Employment History Recognition Exemption is always active and does not need to be require renewed renewal to remain active.

(e) Florida Child Care Professional Credential Training Program Providers.

1. Birth Through Five FCCPC Training Providers.

a. Training providers seeking to offer the Birth Through Five FCCPC training must utilize the criteria approved by the department referenced on CF-FSP Form 5191, March 2009 April 2006, Birth Through Five Florida Child Care Professional Credential (FCCPC) Training Program Provider Application, which is incorporated by reference. CF-FSP Form 5191 may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. Training providers must submit a completed CF-FSP Form 5191 to the department or designated representative for approval.

b. Training providers that offer the Birth Through Five FCCPC training shall submit FCCPC training student completion documentation in the format referenced on CF-FSP Form 5191 to the department for issuance of the Birth Through Five FCCPC, and to update the graduate’s child care Ttraining Ttranscript.

c. Training providers approved to offer the Birth Through Five FCCPC training must annually complete, sign, date, and submit the attestation page of CF-FSP Form 5191 to the dDepartment of Children and Family Services for review and approval based on the provider’s anniversary date listed on CF-FSP Form 5191.

2. School-Age FCCPC Training Providers.

a. Training providers seeking to offer the School-Age FCCPC training must utilize the criteria approved by the department referenced on CF-FSP Form 5257, March 2009 April 2006, School-Age Florida Child Care Professional Credential (FCCPC) Training Program Provider Application, which is incorporated by reference. CF-FSP Form 5257 may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. Training providers must submit a completed CF-FSP Form 5257 to the department or designated representative for approval.

b. Training providers that offer the School-Age FCCPC training shall submit FCCPC training student completion documentation in the format referenced on CF-FSP Form 5257 5191, to the department for issuance of the School-Age FCCPC and to update the graduate’s child care Ttraining Ttranscript.

(8) Director Credential.

(a) Director Credential Requirement. Pursuant to Section 402.305(2)(f), F.S., every 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 or Advanced Director Credential must meet the requirements referenced in CF-FSP Form 5290, March 2009 April 2006, Florida Child Care Director Credential and Renewal Verification and Application, which is incorporated by reference. CF-FSP Form 5290 may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. All applications and documentation will be verified, and if complete, the credential will be issued by the dDepartment or designated representative of Children and Family Services on CF-FSP Form 5252, April 2006, Florida Director Credential Certificate, incorporated by reference.

1. An individual may not be the director of child care facilities that overlap in the hours of operation.

2. Each child care facility must have a credentialed director who that is on-site a majority of hours that the facility is in operation between 7:00 AM and 6:00 PM.

3. Every applicant for a license to operate a child care facility or a license for a change of ownership of a child care facility must document that the facility director has an active Director Credential prior to issuance of the license.

4. Child care facility owners must notify the licensing authority within five (5) working days of when the facility loses a credentialed director or when there is a change of director.

a. The licensing authority will then issue a provisional license for a period not to exceed six (6) months for any facility without a credentialed director.

b. The provisional license will have an effective date of the first day the facility was without a credentialed director.

5. CF-FSP Form 5252, Florida Director Credential Certificate, must be maintained at the facility for review by the licensing authority.

(b) The following exceptions to the Director Credential apply:

1. A credentialed director is not required during evening hours as defined in Section 402.302(6), F.S.

2. Pursuant to Section 402.305(1)(c), F.S., a credentialed director may supervise multiple before-school and after-school sites as outlined in paragraph 65C-22.003(8)(c) below, F.A.C.

(c) Director Credential Requirement for before-school and after-school sites.

1. A credentialed director may supervise multiple before-school and after-school sites for a single organization as follows:

a. Three (3) sites regardless of the number of children enrolled, or

b. More than three (3) sites if the combined total number of children enrolled at the sites does not exceed 350. In calculating the total number of children enrolled, the number of children in the before-school and after-school program shall be calculated and viewed as separate programs.

c. In counties where the public school district has included four (4) 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 which serve four (4) 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 paragraphs 65C-22.003(7)(a) above, F.A.C., in order to accommodate the four (4) year-old children.

2. When a credentialed director is supervising multiple sites, the individual left in charge of the site during the director’s absence must meet the following requirements:

a. Be At least 21 years of age;

b. Have completed the approved 40 clock-hour Introductory Child Care Training approved by the dDepartment of Children and Family Services; and

c. Have completed the department’s Department of Children and Family Services’ Part II specialized training course, Special Needs Appropriate Practices, or completed a minimum of eight (8) hours of in-service training in serving children with disabilities; or

d. Have completed the department’s Department of Children and Family Services’ School-Age Appropriate Practices specialized training module.

(d) Director Credential Renewal.

1. To maintain an active Director Credential at either level, candidates must complete the renewal section of the meet the requirements referenced on CF-FSP Form 5290, March 2009, Florida Child Care Director Credential and Renewal Application, which 5306, April 2006, Florida Director Credential Renewal Application, which is incorporated by reference. CF-FSP Form 5306 may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

2. A Director Credential renewal, as documented on CF-FSP Form 5252, Florida Director Credential Certificate is active for five (5) years from the date of issuance. The completed renewal application, including all required documentation, may must be submitted to the dDepartment of Children and Family Services for review, and issuance of a Director Credential Renewal Certificate no earlier than one (1) year prior to the end of the active period of the Director Credential. The Director Credential renewal date is determined by the end date of the active period.

3. If a renewal application is received after the end of the active period for the Director Credential, the Director Credential Renewal Application will be reviewed, and, if approved, a certificate will be issued with a renewal date of five (5) years from the date the completed renewal application was processed.

(e) Director Credential Training Providers.

1. The dDepartment of Children and Family Services is responsible for reviewing and approving “Overview of Child Care Management” courses offered through vocational-technical schools, community colleges, and universities to determine if the requirements for the Director Credential coursework are met. Applications for new coursework will no longer be accepted by the department. A list of approved “Overview of Child Care Management” courses may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

2. All college level coursework pertaining to the following content areas will be accepted as approved coursework towards the Advanced Level Director Credential requirements:

a. Child Care and Education Organizational Leadership and Management;

b. Child Care and Education Financial and Legal Issues; and

c. Child Care and Education Programming.

Rulemaking Specific Authority 402.305 FS. Law Implemented 402.302, 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,________.

 

65C-22.004 Health Related Requirements.

(1) Communicable Disease Control.

(a) Children in care shall be observed on a daily basis for signs of communicable disease. Any child, child care personnel or other person in the child care facility suspected of having a communicable disease shall be removed from the facility or placed in an isolation area until removed. Such person may not return without medical authorization or until the signs and symptoms of the disease are no longer present. With Aa child’s, the condition shall be reported to the custodial parent or legal guardian. Signs and symptoms of a suspected communicable disease include the following:

1. Severe coughing, causing a the child to become red or blue in the face or to make a whooping sound;

2. Difficult or rapid breathing;

3. Stiff neck;

4. Diarrhea (more than one abnormally loose stool within a 24 hour period);

5. Temperature of 101 degrees Fahrenheit or higher when in conjunction with any other signs of illness;

6. Pink Eye;

7. Exposed, open skin lesions;

8. Unusually dark urine and/or gray or white stool;

9. Yellowish skin or eyes; or

10. Any other unusual sign or symptom of illness.

(b) A child identified as having head lice shall not be permitted to return until the following day, and only provided that treatment has occurred and has been verified. Verification of treatment may include a product box, box top, empty bottle, or signed statement by a custodial parent or legal guardian that treatment has occurred. The child care facility must also treat areas, equipment, toys, and furnishings with which the child has been in contact.

(c) Isolation Area. Each facility shall have a designated isolation area for a child who becomes ill at the facility. Such space shall be adequately ventilated, heated, and equipped with a bed, mat, or cot, and materials that can be cleaned and sanitized or disinfected easily. Linens and disposables shall be changed after each use, and used linens and disposables shall be kept in a closed container in the isolation area until cleaned or disposed. Disposable items shall be kept in a closed container in the isolation area until thrown away. The isolated child must be within sight and hearing of a staff person at all times. The child must be carefully observed for worsening conditions.

(d) Outbreaks. Operators are required to notify the local county health department immediately upon any suspected outbreak of communicable disease in accordance with Chapter 64D-3, F.A.C., Communicable Disease Control, and must follow the health department’s direction. A suspected outbreak occurs when two (2) or more children or employees have the onset of similar signs or symptoms, as outlined in subparagraphs (1)(a)1.-10., F.A.C., above, within a 72-hour period or when a case of a serious or reportable communicable disease is diagnosed or suspected in on a child or employee.

(2) First Aid, Cardiopulmonary Resuscitation and Emergency Procedures.

(a) Each child care facility must have at least one (1) staff member with current and valid certificate(s) of course completion for first aid training and infant and child cardiopulmonary resuscitation (CPR) procedures. One (1) staff member satisfying these training requirements shall be present at all times that children are in the care at of the facility, both on-site and on field trips, and during all transportation activities. A field trip includes all activities away from the facility excluding regular transportation to and from the facility, i.e., pick-up and drop-off.

(b) Certificate(s) of course completion are valid based on the time frames established by each first aid and CPR training program, not to exceed three (3) years. CPR courses must include an on-site instructor-based skills assessment that shall be documented by the certified CPR instructor. On-line CPR courses are not acceptable to meet this standard. CPR training must be done by classroom instruction. Documentation that identifies staff members who have met the first aid and infant and child cardiopulmonary resuscitation (CPR) training requirement shall be kept on file at the child care facility.

(c) At least one (1) first aid kit must be maintained on the premises of the child care facility at all times. A first aid kit must also accompany child care staff when children are participating on field trips. Each kit shall be in a closed container and labeled “First Aid.” The kits shall be accessible to the child care staff at all times, and kept out of the reach of children. Each kit must, at a minimum, include:

1. Soap,

2. Band-aids or equivalent,

3. Disposable non-porous gloves,

4. Cotton balls or applicators,

5. Sterile gauze pads and rolls,

6. Adhesive tape,

7. Thermometer,

8. Tweezers,

9. Pre-moistened wipes,

10. Scissors, and

11. A current resource guide on first aid and CPR procedures.

(d) Emergency Procedures and Notification.

1. Emergency telephone numbers, including ambulance, fire, police, poison control center, Florida Abuse Hotline, the county public health unit, and the facility’s address, of and directions to the facility, including major intersections and local landmarks, must be posted on or near all facility telephones, and shall be used to protect the health, safety and well-being of any child in care.

2. Custodial parents or legal guardians shall be notified immediately in the event of any serious illness, accident, injury or emergency to their child, and their specific instructions regarding action to be taken under such circumstances shall be obtained and followed. If the custodial parent or legal guardian cannot be reached, the facility owner will contact those persons designated by the custodial parent or legal guardian to be contacted under these circumstances, and shall follow any written instructions provided by the custodial parent or legal guardian on the enrollment form.

3. All accidents and incidents which occur at a facility or while a child is in the care of facility staff must be documented on the day they occur. This documentation must be shared with the custodial parent or legal guardian on the date of occurrence. Documentation shall include the name of the affected party, date and time of occurrence, description of occurrence, actions taken and by whom, and appropriate signatures of facility staff and custodial parent or legal guardian. The documentation must be and maintained for one (1) year. If the child is not picked up by the custodial parent or legal guardian, the facility must document on the accident or incident form when the custodial parent or legal guardian was contacted about the accident or incident and who picked up the child, and must obtain the signature of the custodial parent or legal guardian on the accident or incident form the first time they return to the facility.

4. After a fire or natural disaster, the operator must notify the licensing agency within 24 hours as to their status of operation in order for the licensing authority to ensure health standards are being met for continued operation.

5. The operator shall prepare an emergency evacuation plan including a diagram of safe routes by which the personnel and children may exit the facility in the event of fire or other emergency requiring evacuation of the facility and post a copy of the plan in each room of the facility.

(3) Medication. Child care facilities are not required to give medication; however, if a facility chooses to do so, the following shall apply:

(a) The facility must have written authorization from the custodial parent or legal guardian to dispense prescription and non-prescription medications. This authorization must be dated and signed by the custodial parent or legal guardian and must contain the child’s name; the name of the medication to be dispensed; and the date, time and amount of dosage to be given. This record shall be initialed or signed by the facility personnel who gave the medication.

(b) Any known allergies to medication or special restrictions must also be documented, maintained in the child’s file, shared with staff, and posted with stored medication.

(c) Prescription and non-prescription medication brought to the child care facility by the custodial parent or legal guardian must be in the original container. Prescription medication must have a label stating the name of the physician, child’s name, name of the medication, and medication directions. All prescription and non-prescription medication shall be dispensed according to written directions on the prescription label or printed manufacturer’s label.

(d) In the event of an emergency, non-prescription medication that is not brought in by the custodial parent or legal guardian can be dispensed only if the facility has written authorization from the custodial parent or legal guardian to do so.

(e) Any medication dispensed under these conditions must be documented in the child’s file, and the custodial parent or legal guardian must be notified on the day of occurrence.

(f) The facility must maintain a record for each child receiving medications that documents the full name of the child, the name of medication, the date and time the medication was dispensed, the amount and dosage, and the name of the person who dispensed the medication. The record shall be maintained for a minimum of four (4) months after the last day the child received the dosage.

(g) All medicine must have child resistant caps, if applicable, and shall either be stored in a locked area or must be inaccessible separately and locked or out of a child’s reach.

(h) Medication which has expired or is no longer being administered shall be returned to the custodial parent or legal guardian or discarded if the child is no longer enrolled in care at the facility.

Rulemaking Specific Authority 402.302, 402.305 FS. Law Implemented 402.302, 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,________.

 

65C-22.005 Food and Nutrition.

(1) Nutrition.

(a) If a facility chooses to supply food, it shall provide nutritious meals and snacks of a quantity and quality to meet the daily nutritional needs of the children. The USDA MyPyramid, April 2005, which is incorporated by reference, shall be used to determine what food groups to serve at each meal or snack, and the serving size of the selected foods for children ages two (2) and older. The categories “oils” and “discretionary calories” may not be considered food groups. Copies of the USDA MyPyramid may be obtained from the licensing authority, the local county health department or from the USDA website at www.mypyramid.gov. Using the USDA MyPyramid,; breakfast shall consist of at least three (3) different food groups, lunch and dinner shall consist of at least four (4) different food groups, and snacks shall consist of at least two (2) different food groups. Operators who participate in the USDA Food Program shall provide nutritious meals and snacks in accordance with the Department of Health and the USDA requirements.

(b) If a facility chooses not to provide meals and snacks, arrangements must be made with the custodial parent or legal guardian to provide nutritional food for the child.

(c) If a special diet is required for a child by a physician, a copy of the physician’s order, a copy of the diet, and a sample meal plan for the special diet shall be maintained in the child’s file. If the custodial parent or legal guardian notifies the child care facility of any known food allergies, written documentation must be maintained in the child’s file for as long as the child is in care. Special food restrictions must be shared with staff and must be posted in a conspicuous location.

(d) Meal and snack menus shall be planned, written, and posted at the beginning of each week. Menus shall be dated and posted in the food service area and in a conspicuous place accessible to parents. Any menu substitution shall be noted on the menu. Daily meal and snack menus shall be maintained for a minimum of four one (1) months for licensing purposes. Operators who participate in the USDA Food Program must keep menus in accordance with the Department of Health and the USDA requirements.

(2) Food Preparation Area. All licensed child care facilities approved by the Environmental Health Section to prepare food shall have documentation on file from the Department of Health verifying the facility meets the applicable requirements as specified in Chapter 64E-11, F.A.C., Food Hygiene.

(3) Food Service.

(a) Children shall be individually fed or supervised at feeding, and offered foods appropriate for their ages.

(b) Single service paper or plastic plates, utensils, and cups shall not be reused. Plates, utensils, cups, bottles, and sippy cups provided by the facility that are not disposable shall be washed, rinsed, and sanitized between uses.

(c) There shall be no propped bottles. If a child cannot hold the bottle, then a staff person or volunteer must hold the bottle during feeding. There shall be no automatic feeding devices unless medically prescribed. Formula shall be refrigerated and handled in a sanitary manner at all times.

(d) All bottles and sippy cups provided by the facility for a child to use more than once in the day or brought from home shall be individually labeled with the child’s first and last name, cleaned and sanitized or returned to the custodial parent or legal guardian daily.

(e)(d) Heated foods and bottles must be tested before feeding to ensure heat is evenly distributed and to prevent injury to children.

(f)(e) Facilities shall provide sufficient age appropriate seating so that children are seated at tables for meals.

Rulemaking Specific 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________.

 

65C-22.006 Record Keeping.

(1) General Requirements.

(a) Records required to document compliance with Section 402.305, F.S., and rules adopted thereunder, shall be maintained at the facility, and shall be available during the hours of operation for review by the licensing authority.

(b) A copy of all background screening clearance documents for the director and owner must be provided to the department and will become part of included in the department’s official licensing file.

(c) Copies of required records are acceptable for documentation. Original documents are the property of the party providing the information.

(2) Children’s Health Requirements.

(a) The child care facility is responsible for obtaining for each child in care a current, complete and properly executed Student Health Examination form DH 3040 (June 2002), which is incorporated herein by reference, from the parent or legal guardian or a signed statement by authorized professionals that indicates the results of the components of the Student Health Examination form are included in the health examination. The Student Health Examination shall be completed by a person given statutory authority to perform health examinations.

(b) The Student Health Examination or the signed statement is valid for two (2) years from the date the physical was performed. An up-to-date version must be on file for as long as the child is enrolled at the facility.

(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 20081), or the Religious Exemption from Immunization form, DH 681 (July 2008 May 1999), 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.

(d) If the custodial parents or legal guardians fail to provide the documentation required in paragraph (a) or (c) above within 30 days of enrollment, the facility shall not allow the child to remain in the program.

(e) School-aged children attending public or non-public schools are not required to have student health examination and immunization records on file at the child care facility as such records are on file at the school where the child is enrolled.

(f) If the custodial parents or legal guardians need assistance concerning these requirements, the facility shall refer them to the Department of Health or to the child’s physician.

(g) Medical records in this section are the property of the custodial parent or legal guardian and must be returned to them when the child withdraws from the facility. The medical records are transferable if the child attends another facility.

(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 January 2008, Child Care Application for Enrollment, which is incorporated by reference, or an equivalent form that contains all the information required by the dDepartment of Children and Family Services on CF-FSP Form 5219. CF-FSP Form 5219 may be obtained from the licensing authority or on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

(a) Enrollment information shall be kept current and on file.

(b) The child shall not be released to any person other than the person(s) authorized or in the manner authorized in writing by the custodial parent or legal guardians.

(c) There shall be signed statements from the custodial parents or legal guardian that the child care facility has provided them with the following information:

1. The dDepartment of Children and Family Services child care facility brochure, CF/PI 175-24, October 2007 July 2005, Know Your Child Care Facility, which is incorporated by reference. This brochure may be obtained from the department’s licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare. Local licensing agencies may use an equivalent brochure approved by the dDepartment of Children and Family Services.

2. The child care facility’s written disciplinary policy.

(4) Personnel Records. Records shall be maintained and kept current on all child care personnel, as defined by Section 402.302(3), F.S., and household members if the facility is located in a private residence. These shall include:

(a) An employment application with the required statement pursuant to Section 402.3055(1)(b), F.S.

(b) Position and date of employment.

(c) CF-FSP Form 5337, March 2009, Child Abuse & Neglect Reporting Requirements, which is incorporated by reference, must be signed annually by all child care personnel. Signed statement that the employee understands the statutory requirements for professionals’ reporting of child abuse and neglect.

(d) Initial Screening. Level 2 Sscreening information must be documented on CF-FSP Form 5131, March 2009 Feb. 2004, Background Screening and Personnel File Requirements, which is incorporated by reference., Screening includes the following:

1. Level 2 screening as defined in Section 435.04, F.S., which includes at a minimum Federal Bureau of Investigations (FBI), Florida Department of Law Enforcement (FDLE), and local law enforcement records checks. For the purpose of issuing a license, any out-of-state criminal offense, which if committed in Florida, would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes under this rule.

2. An employment history check must include the previous two years, which shall include the applicant’s job title and a description of their regular duties, confirmation of employment dates, and level of job performance. Failed attempts to obtain the employment history must be documented in the personnel file, and include date, time, and the reason the information was not obtained.

3. CF Form 1649A, January 2007, Child Care Attestation of Good Moral Character, which is incorporated by reference, must be completed for all child care personnel annually. A copy of the CF Form 1649A may be obtained from the department’s website at www.myflorida.com/childcare.

(e)4. Re-Screening. A screening conducted under this rule is valid for five (5) years, at which time a statewide re-screen must be conducted.

1. The five year re-screen is required for all child care personnel.

2. The five year re-screen must include, at a minimum, statewide criminal records checks through the FDLE and a local criminal records check.

1. A person in this five (5) year re-screen category must undergo, at a minimum:

a. Statewide criminal records checks through the Florida Department of Law Enforcement and a local criminal records check.

b. An employment history check that includes the previous two (2) years. An employment history check conducted under this rule shall include the applicant's position description, confirmation of employment dates from previous job(s), and level of job performance.

3.c. CF Form 1649A, January 2007, A Child Care Attestation of Good Moral Character which is incorporated by reference, must be completed annually for all child care personnel annually. A copy of the CF 1649A may be obtained from the licensing authority or on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

4. Re-screening. Re-screening information for all child care personnel must be documented on CF-FSP Form 5131 March 2009, Background Screening and Personnel File Requirements.

5.2. A copy of all background screening clearance documents for the director and owner must be included in the department’s official licensing file or in accordance with the appropriate local licensing agency requirements.

6. Break In Employment. Child care personnel must be re-screened as outlined in subparagraphs (4)(e)2. & 3. and 4. above following a break in employment in the child care industry that which exceeds 90 days.

7. Leave of Absence. If child care personnel takes a leave of absence, such as maternity leave, extended sick leave, migrant child care programs, etc., re-screening is not required unless the five (5) year re-screen has come due during the leave of absence.

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

(g)(f) Driver’s license and driver physical examination documentation. A copy of the driver’s license and the physician certification, or another form containing the same elements of the physician certification, granting medical approval to operate the vehicle, and valid certificate(s) of course completion for first aid training and infant and child cardiopulmonary resuscitation (CPR) procedures must also be maintained in the driver’s personnel file.

(5) Summary of Records. In addition to the documentation outlined in subsections 65C-22.006(1)-(6)(4), above F.A.C., the following is a list of records that shall be maintained at the facility, and that shall be available during the hours of operation for review by the licensing authority:

(a) Driver’s log. mMust be retained for a minimum of four (4) months as referenced in subparagraph 65C-22.001(6)(f)1., F.A.C.

(b) Documentation of parental permission for field trips. mMust be retained for a minimum of four (4) months as referenced in paragraph 65C-22.001(7)(b), F.A.C.

(c) Facility’s written disciplinary policies as referenced in paragraph 65C-22.001(8)(c), F.A.C.

(d) Daily attendance of children records. mMust be maintained for a minimum of four (4) months as referenced in subsection 65C-22.001(10), F.A.C.

(e) Written record of monthly fire drills. mMust be maintained for a minimum of one year four (4) months as referenced in paragraph 65C-22.002(7)(d), 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), F.A.C.

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

(h) Documentation of accidents/incidents. mMust be maintained for one (1) year as referenced in subparagraph 65C-22.004(2)(d)3., F.A.C.

(i) Emergency evacuation plan and emergency preparedness plan as referenced in paragraphs 65C-22.002(7)(e) & (g) 65C-22.004(2)(d)5., 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. mMust be maintained for a minimum of four (4) months after the last day the child received the dosage as referenced in paragraph 65C-22.004(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)(c), 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)(c), F.A.C.

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

Rulemaking Specific 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,________.

 

65C-22.007 Evening Child Care.

(1) Hours of Care. Evening Child Care, as defined in Section 402.302(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) Supervision. During evening child care hours, staff must remain awake at all times. While children are awake, direct supervision as described in paragraph 65C-22.001(5)(a), F.A.C., must be provided. When children are sleeping, supervision, as defined in paragraph 65C-22.001(5)(b), F.A.C., is required.

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

(a) Outdoor Play Area. For facilities that centers which only provide only evening child care, outdoor play space is not required. An open area within the existing indoor floor space designated for play that promotes the development of gross motor skills must be available.

(b) Credentialed staff, pursuant to Section 402.305(3), F.S., are not required for Evening Child Care.

(c) Director credentialed staff are is not required for of Evening Child Care as defined in subsection 65C-22.007(1), F.A.C.

Rulemaking Specific Authority 402.302, 402.305 FS. Law Implemented 402.302, 402.305 FS. History–New 7-2-98, Amended 9-12-04, 4-12-07,________.

 

65C-22.008 School Age Child Care.

(1) Definitions.

(a) “School-Age Child” means a child who is at least five (5) years of age by September 1st of the beginning of the school year and who attends kindergarten through grade five (5).

(b) “School-Age Child Care Program” means any licensed child care facility serving school-aged children as defined in paragraph 65C-22.008(1)(a), above F.A.C., or any before and after school programs that are licensed as a child care facility defined in Section 402.302, F.S., and serve only school-aged children as defined in paragraph 65C-22.008(1)(a), above F.A.C.

(2) Licensure Requirements.

(a) An after school program exempted under subparagraph 65C-22.008(2)(c)1. or 3., below F.A.C., may become licensed if they choose to meet all of the applicable licensing standards in subsection 65C-22.008(3) below, F.A.C.

(b) After school programs that choose to expand their program beyond the parameters in subparagraphs 65C-22.008(2)(c)1. through 4., below F.A.C., must be assessed to determine if licensure is required. Any of the after school programs accepting children under the age of the school-age child as defined in paragraph 65C-22.008(1)(a), above F.A.C., above, must be licensed.

(c) An “After School Program” serving school-age children is not required to be licensed if the program meets one of the following criteria, and complies with the minimum background screening requirements provided in subsections 402.305 and 402.3055, Florida Statutes.

1. Program is located on public/nonpublic school sites, operated and staffed directly by that school or through a written or formal agreement between the school, and a provider to serve school-age children attending the school. These programs exclusively serve those children who attend the public/nonpublic school during the school day. The program may extend to providing services before school, on teacher planning days, holidays, and intercessions that occur during the school district’s official calendar year. Pursuant to Section 402.305(5), F.S., programs operated in public school facilities, regardless of the operator, shall follow the standards set forth by the Florida Building Code State Requirements for Public Educational Facilities; or

2. Program provides activities that are strictly instructional or tutorial/academic in nature. These programs cannot extend beyond the instructional and tutorial/academic activities of that program and cannot do not serve or prepare meals or snacks. However, Tthe program may choose to provide drinks, snacks, and vending machine items snacks that do not require refrigeration or vending machine items that do not require refrigeration. Some examples of these programs include, but are not limited to, computer class; ballet; karate; gymnastics; baseball, and other sports; or

3. Program meets all of the following criteria:

a. Operates for a period not to exceed a total of four (4) hours in any one (1) day; however, the program may extend to providing services before school, on teacher planning days, holidays, and intercessions that occur during the school district’s official calendar year; and

b. Allows children to enter and leave the program at any time, without adult supervision; and

c. Does not provide any transportation, directly or through a contract or agreement with an outside entity, for the purpose of field trips, during the hours of operation; and

d. Does not serve or prepare any meals or snacks., however Tthe program may choose to provide drinks, snacks, and vending machine items snacks that do not require refrigeration or vending machine items that do not require refrigeration; or

4. Program Pprovides after school care exclusively for children in grades six (6) and above.

(d) Application for licensure. Application for a license or for renewal of a license to operate a school-age child care program must be made on CF-FSP Form 5017 5272, March 2009 Feb. 2004, Application for a License to Operate a School-Age Child Care Facility Program, which is incorporated by reference. CF-FSP Form 5017 5272 may be obtained from the licensing authority or on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

1. Each completed CF-FSP Form 5017 5272 must be submitted with the licensure fee.

2. The completed CF-FSP Form 5017 5272 must be signed by the individual owner, or prospective owner, or the designated representative of a partnership, association, or corporation, and must include submission of background screening documents for the owner/operator, and approved fire and environmental health inspections.

3. For the purpose of issuing a license, any out-of-state criminal offense, which if committed in Florida would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes under this rule.

3.4. A completed CF-FSP Form 5017 5272 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), F.A.C.

(e) License. A school-age child care license is issued in the name of the owner., The owner may be an individual, partnership, association, or corporation, and the license must be posted in a conspicuous location where the school-age child care program is operating.

(3) School-Age Child Care Standards. The following school-age child care standards apply to “School-Age Child Care Programs” as defined in paragraph 65C-22.008(1)(b), above F.A.C. These programs must meet the following licensing standards:

(a) Minimum Age Requirements. In the absence of the operator, there must be a staff person at least 21 years of age in charge of the school-age child care program and on the premises at all times.

(b) Ratios. For children five (5) years of age and older, there must be one (1) child care personnel for every 25 children.

(c) Supervision. When caring for school-age children, child care personnel shall remain responsible for the supervision of the children in care and capable of responding to emergencies, and are accountable for children at all times, which includes when children are separated from their groups. At all times lighting must be sufficient to visually observe and supervise children while in care.

1. No person shall be an operator, owner, or employee in a school-age child care program while using or under the influence of narcotics, alcohol, or other drugs that impair an individual's ability to provide supervision and safe child care.

2. In addition to the number of staff required to meet the staff-to-child ratio, for the purpose of safety, one (1) additional adult must be present on all field trips away from the school-age child care program to assist in providing direct supervision.

3. A telephone or other means of instant communication shall be available to staff responsible for children during all field trips. Cellular phones, two-way radio devices, citizen band radios, and other means of instant communication are acceptable.

4. If a school-age child care program uses a swimming pool that exceeds three (3) feet in depth or uses beach or lake areas for water activities, the school-age child care program must provide one (1) person with a certified lifeguard certificate or equivalent, unless a certified lifeguard is on duty, and present when any children are in the swimming area. In situations where the school-age child care program provides a person with a certified lifeguard certificate or equivalent, that person can also serve as the additional adult to meet the requirement in subparagraph (c)2., above.

(d) Access. A school-age child care program must provide the custodial parent or legal guardian access, in person and by telephone, to the program during the program’s normal hours of operation or during the time the child is in care.

(e) General Requirements.

1. All school-age child care programs facilities must be clean, in good repair, and free from health and safety hazards and from vermin infestation. During the hours that the program is in operation, no portion of the building shall be used for any activity which endangers the health and safety of the children. Heating and air conditioning vents, filters, exhaust fans, air vents, ceiling fans, and dryer vents must be clean and free from dust and lint build-up of more than 1/2 inch thick and must meet fire and building code requirements. It is the owner’s responsibility to obtain lead and asbestos environmental assessments, as applicable.

2. All areas and surfaces accessible to children shall be free from toxic substances and hazardous materials.

3. All potentially harmful items including cleaning supplies, flammable products, poisonous, toxic, and hazardous materials must be labeled. These items, including as well as knives, and sharp tools, and other potentially dangerous hazards, shall either be stored in a separately and locked area or must be inaccessible and out of a child’s reach.

4. No firearms or weapons, as defined in Section 790.001, F.S., shall be allowed within any building or conveyance, or upon any person located on the premises, excluding federal, state, or local Law Enforcement Officers.

5. No narcotics, alcohol, or other impairing drugs shall be present on the premises.

6. Animals must be properly immunized, free from disease, and clean. Parents must be informed in writing of all animals on the premises. Such information may be provided by way of a conspicuously posted notice or bulletin, policy handbook, parent flier, or a statement included on the enrollment form. Documentation of current immunizations must be available for review upon request by the licensing authority.

7. Pursuant to Chapter 386, F.S., smoking is prohibited within the school-age child care facility program, all outdoor play areas, during field trips, and in vehicles when being used to transport children. Owner/operators are to notify custodial parents and legal guardians, in writing that smoking is prohibited on the premises of the child care facility.

8. Design and construction of a new child care facility or modifications to an existing facility must meet the minimum requirements of the applicable local governing body.

(f) Rooms Occupied by Children.

1. An inside temperature of 65 to 82 degrees Fahrenheit must be maintained at all times.

2. All rooms shall be kept clean, adequately ventilated and in good repair. Cleaning shall not take place while rooms are occupied by children except for general clean-up activities which are a part of the daily routine.

3. Rodents and vermin shall be exterminated. Pest control shall not take place while rooms are occupied by children.

(g) Napping and Sleeping Space. For the purposes of this standard, sleeping refers to the normal night time sleep cycle while napping refers to a brief period of rest during daylight or early evening hours. Each school-age child care program must include a designated area where each child can sit quietly or lie down to rest or nap. When not in use, napping space and usable indoor floor space may be used interchangeably as described in paragraph 65C-22.008(3)(i), below F.A.C.

(h) Toilet and Bath Facilities.

1. Each school-age child care program shall provide and maintain toilet and bath facilities that are easily accessible, and at a height usable by the children. Platforms are acceptable when safely constructed, with impervious surfaces that can be and easily cleaned and sanitized or disinfected.

2. For facilities having from one (1) to fifteen 15 children, there shall be at least one (1) toilet and one wash basin. There shall be one (1) additional toilet and basin for every 30 children thereafter. For design and construction of a new child care facility or modification to an existing facility, subparagraph 65C-22.008(3)(e)8., above F.A.C., shall apply.

3. Toilet facilities shall not open directly into an area where food is prepared. A toilet facility may open directly into an area used by children where food is served.

4. Running water, soap, trash receptacles, toilet paper, and disposable towels or hand drying machines that are properly installed and maintained shall be available and within reach of children using the toileting facility.

5. Each basin and toilet must be maintained in good operating condition, cleaned and sanitized or disinfected as needed, at least once per day.

(i) Indoor Floor Space.

1. A school-age child care program that held a valid license on October 1, 1992, must have a minimum of 20 square feet of usable indoor floor space for each child. A school-age child care program that did not hold a valid license on October 1, 1992, and seeks regulatory approval to operate as a school-age child care program, must have a minimum of 35 square feet of usable indoor floor space for each child.

2. Usable indoor floor space refers to that space available for indoor play, classroom, work area, or nap space. Usable indoor floor space is calculated by measuring at floor level from interior walls, and by deleting space for stairways, toilets and bath facilities, permanent fixtures and non-movable furniture. Kitchens, offices, laundry rooms, storage areas, hallways, and other areas not used in normal day-to-day operations are not included when calculating usable indoor floor space.

3. In addition to the total facility minimum square footage per child, each room that is routinely occupied by children must have a minimum of 20 square feet or 35 square feet (whichever is applicable) per child at all times.

a. The capacity, as calculated by the licensing authority for each room, must be posted in a conspicuous location within the room.

b. When common or multi-purpose areas are used for dining or occasional large group assembly activities and special events, the applicable 20 or 35 square feet requirement of usable space for each child does not apply for that period of time only; however, the facility must maintain minimum square footage per child in accordance with the requirements of the local fire authority.

4. Shelves or storage for toys and other materials shall be considered as usable indoor floor space if accessible to children.

5. A school-age child care program may request in writing permission from the licensing authority to operate under an exception to usable indoor floor space as specified in paragraph 65C-22.008(3)(i), above F.A.C. The written request must include an explanation of why the exception is necessary as well as an alternate plan to accommodate instances of inclement weather.

(j) Outdoor Play Area.

1. There shall be a minimum of 45 square feet of usable, safe, and sanitary outdoor play area per each school-age child. A minimum outside play area shall be provided for one-half (1/2) of the licensed capacity.

2. Based on the outdoor square footage, the total number of children using the play area may not exceed the outdoor capacity.

3. The outdoor play area shall be clean, and free from litter, nails, glass, and other hazards.

4. The outdoor play area shall provide shade.

5. During outdoor play, personnel must situate themselves in the outdoor play area so that all children can be observed and direct supervision can be provided.

6. The facility’s outdoor play area shall be fenced in accordance with accepted safety practices and local ordinances to prevent access by children to all water hazards within or adjacent to outdoor play areas, such as pools, ditches, retention and fish ponds.

7. The outdoor play area shall have and maintain safe and adequate fencing or walls a minimum of four (4) feet in height. Fencing, including gates, must be continuous, and shall not have gaps that would allow children to exit the outdoor play area. The base of the fence must remain at ground level, and be free from erosion or build-up to prevent inside or outside access by children or animals.

8. A school-age child care program may request in writing permission from the licensing authority to operate under an exception to outdoor floor space as specified above in paragraph 65C-22.008(3)(j), F.A.C. The written request must include an explanation of why the exception is necessary as well as an alternate plan for inclusion of fine and gross motor skills opportunities. If not requesting an exemption to the outdoor play area, the school-age child care program may operate without a fence if all the following provisions are met:

a. The children using the outdoor play area are in five (5) year old kindergarten and grades one (1) or above;

b. In addition to the established staff-to-child ratios, for the purpose of safety, an additional staff member is present at all times during outdoor activities, to assist in providing direct supervision;

c. The outdoor play area is bordered by a road or street open to travel by the public with a posted or unposted speed limit of no more than 25 miles per hour, or where the posted or unposted speed limit is no greater than 35 miles per hour, and the playground is a minimum of 30 feet from the edge of the road; and

d. The licensing authority has provided written authorization to the program to operate without a fence.

(k) Health and Sanitation.

1. All buildings, when the windows or doors are open, must have and maintain screens to prevent entrance of any insect or rodent. Screens are not required for open air classrooms and picnic areas.

2. Employees, volunteers, and children shall wash their hands with soap and running water, dry thoroughly, and follow personal hygiene procedures for themselves, or while assisting others, and immediately after outdoor play.

3. Safe drinking water shall be available to all children. If disposable cups are used, they must be discarded after each use.

4. School-age child care programs must have written documentation from the local Environmental Health Unit that they have either met or have been exempted from local environmental health standards.

(l) Equipment and Furnishings.

1. Indoor Equipment.

a. A school-age child care program shall make available toys, equipment, and furnishings suitable to each child’s age and development and of a quantity suitable for each child to be involved in activities.

b. Toys, equipment, and furnishings must be safe and maintained in a sanitary condition, and shall be cleaned and sanitized or disinfected immediately if exposed to bodily fluids, such as saliva.

2. Outdoor Equipment.

a. A school-age child care program shall provide and maintain equipment and play activities suitable to each child’s age and development.

b. All playground equipment shall be securely anchored, unless portable or stationary by design, in good repair, maintained in safe condition, and placed to ensure safe usage by the children. Maintenance shall include inspections checks, at least every other month, of all supports above and below the ground, and all connectors and moving parts. Documentation of maintenance inspections shall be maintained for one year.

c. Permanent or stationary playground equipment must have a ground cover or other protective surface under the equipment that provides resilience, and is maintained to reduce the incidence of injuries to children in the event of falls.

d. All equipment, fences, and objects on the program’s premises shall be free from sharp, broken and jagged edges, and shall be properly placed to prevent overcrowding or safety hazards in any one (1) area.

e. All equipment used in the outdoor play area shall be constructed and maintained to allow for water drainage, and shall be maintained in a safe and sanitary condition.

(m) Health Related Requirements.

1. Communicable Disease Control.

a. Children in care shall be observed on a daily basis for signs of communicable disease. Any child, child care personnel or other person in the school-age child care program suspected of having a communicable disease shall be removed from the program or placed in an isolation area until removed. Such person may not return without medical authorization, or until the signs and symptoms of the disease are no longer present. With Aa child’s, the condition shall be reported to the custodial parent or legal guardian. Signs and symptoms of a suspected communicable disease include the following:

(I) Severe coughing, causing a the child to become red or blue in the face or to make a whooping sound;

(II) Difficult or rapid breathing;

(III) Stiff neck;

(IV) Diarrhea (more than one abnormally loose stool within a 24 hour period);

(V) Temperature of 101 degrees Fahrenheit or higher when in conjunction with any other signs of illness;

(VI) Pink Eye;

(VII) Exposed, open skin lesions;

(VIII) Unusually dark urine and/or gray or white stool;

(IX) Yellowish skin or eyes; or

(X) Any other unusual sign or symptom of illness.

b. A child identified as having head lice shall not be permitted to return until the following day, only if treatment has occurred and has been verified. Verification of treatment may include a product box, box top, empty bottle, or signed statement by a parent that treatment has occurred. The child care facility must treat areas, equipment, toys, and furnishings with which the child has been in contact.

c. Isolation Area. Each school-age child care program shall have a designated isolation area for a child who becomes ill while in care of the program. Such space shall be adequately ventilated, heated, and equipped with a bed, mat, or cot, and materials that can be cleaned and sanitized or disinfected easily. Linens and disposables shall be changed after each use and used linens and disposables shall be kept in a closed container in the isolation area until cleaned or disposed. Disposable items shall be kept in a closed container in the isolation area until thrown away. The isolated child must be within sight and hearing of a staff person at all times. The child must be carefully observed for worsening conditions.

d. Outbreaks. Operators are required to notify the local county health department immediately upon any suspected outbreak of communicable disease in accordance with Chapter 64D-3, F.A.C., Communicable Disease Control and must follow the health department’s direction. A suspected outbreak occurs when two (2) or more children or employees have the onset of similar signs or symptoms, as outlined in sub-subparagraphs 65C-22.008(3)(m)1.a., F.A.C., above, within a 72-hour period or when a case of a serious or reportable communicable disease is diagnosed or suspected on a child or employee.

2. First Aid, Cardiopulmonary Resuscitation and Emergency Procedures.

a. Each school-age child care program must have at least one (1) staff member with current and valid certificate(s) of course completion for first aid training and child cardiopulmonary resuscitation (CPR) procedures. One (1) staff member satisfying these training requirements shall be present at all times that children are in the care at of the program, both on-site and on field trips. A field trip includes all activities away from the program excluding regular transportation to and from the program, i.e., pick-up and drop-off.

b. Certificate(s) of course completion are valid based on the time frames established by each first aid and CPR training program, not to exceed three (3) years. CPR courses must include an on-site instructor-based skills assessment that shall be documented by the certified CPR instructor. Online CPR courses are not acceptable to meet this standard. CPR training must be done by classroom instruction. Documentation that identifies staff members have met the first aid and child cardiopulmonary resuscitation (CPR) training requirement shall be kept on file at the school-age child care program facility.

c. At least one (1) first aid kit must be maintained on the premises of the school-age child care program at all times. A first aid kit must also accompany child care staff when children are participating on field trips. Each kit shall be in a closed container and labeled “First Aid.”. The kits shall be accessible to the child care staff at all times, and kept out of the reach of children. Each kit must at a minimum include:

(I) Soap,

(II) Band-aids or equivalent,

(III) Disposable non-porous gloves,

(IV) Cotton balls or applicators,

(V) Sterile gauze pads and rolls,

(VI) Adhesive tape,

(VII) Thermometer,

(VIII) Tweezers,

(IX) Pre-moistened wipes,

(X) Scissors, and

(XI) A current resource guide on first aid and CPR procedures.

3. Emergency Procedures and Notification.

a. Emergency telephone numbers, including ambulance, fire, police, poison control center, Florida Abuse Hotline, the county public health unit, and the address of and directions to the facility, including major intersections and local landmarks, must be posted on or near all school-age child care program telephones and shall be used to protect the health, safety and well-being of any child in day care.

b. Custodial parents or legal guardians shall be notified immediately in the event of any serious illness, accident, injury or emergency to their child, and their specific instructions regarding action to be taken under such circumstances shall be obtained and followed. If the custodial parent or legal guardian cannot be reached, the school-age child care program owner will contact those persons designated by the custodial parent or legal guardian to be contacted under these circumstances, and shall follow any written instructions provided by the custodial parent or legal guardian on the enrollment form.

c. All accidents and incidents which occur at a school-age child care program or while a child is in the care of program staff must be documented on the day they occur. This documentation must be shared with the custodial parent or legal guardian on the date of occurrence. Documentation shall include the name of the affected party, date and time of occurrence, description of occurrence, actions taken and by whom, and appropriate signatures of program staff and custodial parent or legal guardian. The documentation must be and maintained for one (1) year. If the child is not picked up by the custodial parent or legal guardian, the facility must document on the accident or incident form when the custodial parent or legal guardian was contacted about the accident or incident and who picked up the child, and must obtain the signature of the custodial parent or legal guardian on the accident or incident form the first time they return to the facility.

d. After a fire or natural disaster, the operator must notify the licensing agency within 24 hours as to their status of operation in order for the licensing authority to ensure health standards are being met for continued operation.

e. The operator shall prepare an emergency evacuation plan including a diagram of safe routes by which the personnel and children may exit the school-age child care program site in the event of fire or other emergency requiring evacuation of the program and post a copy of the plan in each room of the program site.

4. Medication. School-age child care programs are not required to give medication; however, if a program chooses to do so, the following shall apply:

a. The school-age child care program must have written authorization from the custodial parent or legal guardian to dispense prescription and non-prescription medications. This authorization must be dated and signed by the custodial parent or legal guardian and contain the child’s name; the name of the medication to be dispensed; and date, time, and amount of dosage to be given. This record shall be initialed or signed by the program personnel who gave the medication.

b. Any known allergies to medication or special restrictions must also be documented, maintained in the child’s file, shared with staff and posted with stored medication.

c. Prescription and non-prescription medication brought to the school-age child care program by the custodial parent or legal guardian must be in the original container. Prescription medication must have a label stating the name of the physician, child’s name, name of the medication, and medication directions. All prescription and non-prescription medication shall be dispensed according to written directions on the prescription label or printed manufacturer’s label.

d. In the event of an emergency, non-prescription medication that is not brought in by the parent or legal guardian can be dispensed only if the program has written authorization from the parent or legal guardian to do so.

e. Any medication dispensed under these conditions must be documented in the child’s file, and the custodial parent or legal guardian must be notified on the day of occurrence.

f. The facility must maintain a record for each child receiving medications that documents the full name of the child, the name of medication, the date and time the medication was dispensed, the amount and dosage, and the name of the person who dispensed the medication. The record shall be maintained for a minimum of four (4) months after the last day the child received the dosage.

g. All medicine must have child resistant caps, if applicable, and shall either be stored in a separately and locked area or must be inaccessible and out of a child’s reach.

h. Medication that has expired or that is no longer being dispensed shall be returned to the custodial parent or legal guardian or discarded if the child is no longer enrolled at in the school-age child care program.

(n) Child Discipline.

1. Verification that the school-age child care program has provided, in writing, the disciplinary policy used by the program shall be documented on the enrollment form with the signature of the custodial parent or legal guardian.

2. All child care personnel must comply with the school-age child care program's written disciplinary policy. Such policies shall include standards that prohibit children from being subjected to discipline that is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited by all child care personnel.

3. A copy of the school-age child care program’s current written disciplinary policies must be available to the licensing authority to review for compliance with Section 402.305(12), F.S.

(o) Attendance. Daily attendance of children shall be taken and recorded by the school-age child care program personnel, documenting the time when each child enters and departs a child care facility or program. The custodial parent or guardian may document the time when their child(ren) enter and depart the child care facility or program. However, child care facility personnel are responsible for ensuring that attendance records are complete and accurate. Such records shall be maintained for a minimum of four months. Attendance forms used for School Readiness may be used if applicable.

(p)(o) Nutrition.

1. If a school-age child care program chooses to supply food, it shall provide nutritious meals and snacks of a quantity and quality to meet the daily nutritional needs of the children. The USDA My Pyramid, April 2005, shall be used to determine what food groups to serve at each meal or snack and the serving size of the selected foods for children ages two (2) and older. Using the USDA My Pyramid, breakfast shall consist of at least three (3) different food groups, lunch and dinner shall consist of at least four (4) different food groups, and snacks shall consist of at least two (2) different food groups. The categories “oils” and “discretionary calories” may not be considered food groups. Copies of the USDA My Pyramid may be obtained from the licensing authority, the local county health department or from the USDA website at www.mypyramid.gov.

2. If a school-age child care program chooses not to provide meals and snacks, arrangements must be made with the custodial parent or legal guardian to provide nutritional food for the child.

3. If a special diet is required for a child by a physician, a copy of the physician’s order, a copy of the diet, and a sample meal plan for the special diet shall be maintained in the child’s file. If the parent or legal guardian notifies the school-age child care program of any known food allergies, written documentation must be maintained in the child’s file for as long as the child is in care. Special food restrictions must be shared with staff and must be posted in a conspicuous location.

4. Meal and snack menus shall be planned, written, and posted at the beginning of each week. Any menu substitution shall be noted on the menu. Menus shall be dated and posted in the food service area and in a conspicuous place accessible to parents. Daily meal and snack menus shall be maintained for a minimum of four one (1) months for licensing purposes. Operators who participate in the USDA Food Program must keep menus in accordance with the Department of Health and USDA requirements.

(q)(p) Food Preparation Area.

1. All licensed school-age child care programs approved by the Environmental Health Section to prepare food shall have documentation on file from the Department of Health verifying the facility meets the applicable requirements as specified in Chapter 64E-11, F.A.C., Food Hygiene.

2. School-age child care programs must have written documentation from the local Environmental Health Unit that they have either met or have been exempted from local environmental health standards, specified in Chapter 64E-11, F.A.C., Food Hygiene, as it pertains to the food preparation area defined above specified in subparagraph 65C-22.008(3)(p)1., F.A.C.

(r)(q) Food Service.

1. School-age child care programs shall provide sufficient age appropriate seating so that children are seated at tables for meals.

2. Children shall be supervised during all meals and snacks and offered foods appropriate for their ages.

3. Single service paper or plastic plates, utensils, and cups shall not be reused. Plates, utensils and cups provided by the facility that are not disposable shall be washed, rinsed, and sanitized between uses.

(s)(r) Fire Safety.

1. Unless statutorily exempted, all school-age child care programs shall conform to state standards adopted by the State Fire Marshal, Chapter 69A-36, F.A.C., Uniform Standards for Life Safety and Fire Prevention in Child Care Facilities, which is incorporated herein by reference, and shall be inspected annually. A copy of the current and approved annual fire inspection report by a certified fire inspector must be on file with the licensing authority. If the school-age program is granted a fire inspection exemption by However, a school-age child care program may seek an exemption to state standards adopted by the State Fire Marshal, Chapter 69A-36, F.A.C., Uniform Standards for Life Safety and Fire Prevention in Child Care Facilities. The written exemption request, which must include a plan for ensuring the safety of children in care, must be made to the local fire inspection office and, if granted, the exemption must be documented and maintained on file at the program.

2. There shall be at least one (1) corded telephone in the school-age child care program facility that is neither locked nor located at a pay station that and is available to all staff during the hours of operation.

3. The child care facility must properly maintain fire extinguishers at all times.

4. The operator shall prepare and post the emergency evacuation plan in each room of the program, including a diagram of safe routes by which the personnel and children may exit in the event of fire or other emergency requiring evacuation.

5. Fire drills shall be conducted monthly at various times when children are in care. A current attendance record must accompany staff out of the building during a drill or actual evacuation, and be used to account for all children. During the school-age child care program facility’s licensure year, the monthly fire drills conducted must include, at a minimum:

a. Two fire drills using alternate evacuation routes, and

b. One drill in the presence and at the request of the licensing authority in coordination with the operator or designee.

6.4. The operator shall maintain a written record of monthly fire drills showing the date, number of children and staff in attendance, evacuation route used, and time taken for all individuals to evacuate the premises. Each monthly record shall be maintained for a minimum of one year four (4) months from the date of the fire drill.

7. When the school-age program’s fire alarm is activated, all adults and children must evacuate the facility.

8. After a fire or natural disaster, the operator must notify the licensing authority within 24 hours as to their operational status in order for the licensing authority to ensure health standards are being met for continued operation.

9. The operator shall develop a written emergency preparedness plan to include, at a minimum, procedures for lockdown, inclement weather, and other conditions.

10. Emergency preparedness drills shall be conducted when children are in care and are in addition to fire drills required in subparagraph (3)(s)5., above. Each drill outlined in the emergency preparedness plan must be practiced a minimum of one time per year, and documentation must be maintained for one year. A current attendance record must accompany staff during the drill or actual emergency and be used to account for all children.

11. The operator shall maintain a written record of the emergency preparedness drills showing the type of drill, date conducted, number of children and staff in attendance, and time taken for all individuals to complete the drill.

12. Documentation of completed fire and emergency preparedness drills must be available at the time of the inspection. Documentation produced after the inspection shall not meet the licensing standard or corrective action requirements.

(t)(s) Transportation. For the purpose of this section, vehicles refer to those owned,/operated, or contracted for use to transport children to or from used regularly by the school-age child care program, and vehicles that provide transportation through a contract or agreement with an outside entity. Parents’ personal vehicles used during field trips are excluded from meeting the requirements in sub-subparagraphs (t)1.b.,2 & 3., below.

1. When any vehicle is regularly used by a school-age child care program to provide transportation, the driver shall have the following:

a. Aa valid current Florida driver’s license,

b. Aan annual physical examination which grants medical approval to drive, and valid certificate(s) of course completion for first aid training and infant and child cardiopulmonary resuscitation (CPR) procedures.

2. All child care facilities must comply with the insurance requirements found in Section 316.615(4), F.S.

3. All vehicles regularly used to transport children shall be inspected annually by a mechanic to ensure that they are in proper working order. Documentation by the mechanic shall be maintained in the vehicle.

4. The maximum number of individuals transported in a vehicle may not exceed the manufacturer’s designated seating capacity or the number of factory installed seat belts.

5. Each child, when transported, must be in an individual factory installed seat belt or federally approved child safety restraint unless the vehicle is excluded from this requirement by Florida Statute.

6. When transporting children, staff-to-child ratios must be maintained at all times. The driver may be included in the staff-to-child ratio.

7. Driver’s Log. A log shall be maintained for all children being transported in the vehicle. The log shall be retained for a minimum of four (4) months. The log shall include each child’s name, date, time of departure, and time of arrival, signature of driver, and signature of second staff member to verify the driver’s log and the fact that all children have left the vehicle.

8. Prior to transporting children, the driver’s log must be recorded, signed, and dated immediately, verifying that all children were accounted for and that the log is complete.

9. Upon arrival at the destination, the driver of the vehicle shall:

a. Mark each child off the log as the children depart the vehicle;,

b. Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle;, and

c. Record, sign, and date the driver’s log immediately, verifying that all children were accounted for, and that the visual sweep was conducted.

10. Upon arrival at the destination, a second staff member shall:

a. Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle;, and

b. Sign, date, and record the driver’s log immediately, verifying that all children were accounted for, and that the log is complete.

11. Emergency medical consent forms or copies of the consent forms signed by the custodial parent or legal guardian and emergency contact numbers must accompany the children while being transported.

12. Planned Activities.

a. Each group or class must have a written and followed plan of scheduled activities posted in a conspicuous location accessible to parents. The written plan must meet the needs of the children being served and include scheduled activities that:

(I) Include both indoors and outdoor play, if applicable; and

(II) Include meals, snacks, and the times the children are in care.

b. Parents must be advised in advance of each field trip activity. The date, time, and location of the field trip must be posted in a conspicuous location at least two working days prior to each field trip. Written parental permission must be obtained in the form of a general permission slip. If special circumstances arise where notification of an event cannot be posted for two working days, individual permission slips must be obtained from the custodial parent or legal guardian for each child participating on the field trip. Documentation of parental permission for field trips shall be maintained for a minimum of four months from the date of each field trip.

(u)(t) Record Keeping.

1. General Requirements.

a. Each of the records described in this section shall be maintained at the school-age child care program and shall be available during the hours of operation for review by the licensing authority.

b. A copy of all background screening clearance documents for the director and owner must be provided to the department to be included in the department’s official licensing file.

c. Copies of required records are acceptable for documentation. Original documents are the property of the party providing the information.

2. Health Records. School-aged children attending public or nonpublic schools are not required to have student health examination and immunization records on file at the school-age child care program as such records are on file at the school where the child is enrolled.

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, Child Care Application for Enrollment, or an equivalent form that contains all the information required by the dDepartment of Children and Family Services on CF-FSP Form 5219. CF-FSP Form 5219 may be obtained from the licensing authority or by going to the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

a. Enrollment information shall be kept current and on file.

b. The child shall not be released to any person other than the person(s) authorized or in the manner authorized in writing by the custodial parent or legal guardians.

c. There shall be signed statements from the custodial parents or legal guardian that the school-age child care program has provided them with the following information:

(I) The department’s Department of Children and Family Services child care facility brochure, CF/PI 175-24, Know Your Child Care Facility. This brochure may be obtained from the licensing authority or by going to the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. Local licensing agencies may use an equivalent brochure approved by the dDepartment of Children and Family Services.

(II) The school-age child care program’s written disciplinary practices.

4. Personnel Records. Records shall be maintained and kept current on all child care personnel, as defined by Section 402.302(3), F.S., and household members if the facility is located in a private residence. These shall include:

a. An employment application with the required statement pursuant to Section 402.3055(1)(b), F.S.

b. Position and date of employment.

c. CF-FSP Form 5337, March 2009, Child Abuse & Neglect Reporting Requirements must be signed annually by all child care personnel. Signed statement that the employee understands the statutory requirements for professionals’ reporting of child abuse and neglect.

d. Initial Screening. Level 2 Sscreening information must be documented on CF-FSP Form 5131, March 2009 Feb. 2004, Background Screening and Personnel File Requirements, which is incorporated by reference., Screening includes the following:

(I) Level 2 screening as defined in Section 435.04., F.S., which includes at a minimum, FBI, FDLE, and local law enforcement records checks.

(II) An employment history check must include the previous two years, which shall include the applicant’s job title and a description of their regular duties, confirmation of employment dates, and level of job performance. Failed attempts to obtain the employment history must be documented in the personnel file and include date, time, and the reason the information was not obtained.

(III) CF Form 1649A, January 2007, Child Care Attestation of Good Moral Character, which is incorporated by reference, must be completed for all child care personnel annually. CF Form 1649A may be obtained from the department’s website at www.myflorida.com/childcare.

e. Re-Screening. A screening conducted under this rule is valid for five (5) years, at which time a statewide re-screen must be conducted.

(I) The five year re-screen is required for the all child care personnel.

(II) The five year re-screen must include, at a minimum, statewide criminal records checks through the Florida Department of Law Enforcement (FDLE) and a local criminal records check.

(III) CF 1649A, January 2007, A Child Care Attestation of Good Moral Character, which is incorporated by reference, must be completed annually for all child care personnel annually. A copy of the CF 1649A may be obtained from the department’s licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare.

(IV) A copy of all background screening clearance documents for the director and owner must be included in the department’s official licensing file or in accordance with the appropriate local licensing agency requirements.

f. Break In employment. Child care personnel must be re-screened following a break in employment in the child care industry as outlined sub-subparagraphs (3)(u)4.e. above that which exceeds 90 days.

g. Leave of Absence. If child care personnel takes a leave of absence, such as maternity leave, extended sick leave, migrant child care programs, etc., re-screening is not required unless the five (5) year re-screen has come due during the leave of absence.

d. Level 2 screening information documented on CF-FSP Form 5131, Background Screening and Personnel File Requirements. A screening conducted under this rule is valid for five (5) years, at which time a statewide re-screen must be conducted. Child care personnel must be re-screened following a break in employment in the child care industry which exceeds 90 days. If child care personnel takes a leave of absence, such as maternity leave, extended sick leave, migrant child care programs, etc., re-screening is not required unless the five (5) year re-screen has come due during the leave of absence.

(I) A person in this five (5) year re-screen category must undergo the same level of screening which was required upon initial employment and must include, at a minimum:

(A) Statewide criminal records checks through the Florida Department of Law Enforcement and a local criminal records check.

(B) An employment history check that includes the previous two (2) years. An employment history check conducted under this rule shall include the applicant’s position description, confirmation of employment dates from previous job(s), and level of job performance.

(C) CF 1649A, A Child Care Attestation of Good Moral Character, must be completed annually for all child care personnel. CF 1649A may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/childcare.

(II) A copy of all background screening documents for the director and owner must be included in the department’s official licensing file or in accordance with the appropriate local licensing agency requirements.

h.e. Copies of training information and credentials as described in subsection 65C-22.008(4), below F.A.C.

i.f. Driver’s license and driver physical examination documentation. A copy of the driver's license and the physician certification or another form containing the same elements of the physician certification, granting medical approval to operate the vehicle, and valid certificate(s) of course completion for first aid training and child cardiopulmonary resuscitation (CPR) procedures must also be maintained in the driver’s personnel file.

5. Summary of Records. In addition to the documentation outlined in subparagraphs 65C-22.008(3)(u)(t)1., 2. and 3., above F.A.C., the following is a list of records that shall be maintained at the school-age child care program and available during the hours of operation for review by the licensing authority.

a. Driver’s log. Must be retained for the previous four (4) months as referenced in subparagraph 65C-22.008(3)(t)(s)7., above F.A.C.

b. Facility’s written disciplinary policies as referenced in subparagraph 65C-22.008(3)(n)3., above F.A.C.

c. Written record of monthly fire drills. Must be maintained for a minimum of one four (4) year months as referenced in subparagraph 65C-22.008(3)(s)(r)4., above F.A.C.

d. Documentation of staff members who that have met the first aid and child cardiopulmonary resuscitation (CPR) training requirement as referenced in sub-subparagraph 65C-22.008(3)(m)2.b., above F.A.C.

e. Posted emergency telephone numbers, and the facility address of, and directions to the facility as referenced in sub-subparagraph 65C-22.008(3)(m)3.a., above F.A.C.

f. Documentation of accidents/incidents. Must be maintained for one (1) year as referenced in sub-subparagraph 65C-22.008(3)(m)3.c., above F.A.C.

g. Emergency evacuation plan and preparedness plan as referenced in sub-subparagraph 65C-22.008(3)(s)9.(m)3.e., above F.A.C. Documentation must be maintained for one year from the date of each drill.

h. Record for each child receiving medication. Must be maintained for a minimum of four (4) months after the last day the child received the dosage as referenced in sub-subparagraph 65C-22.008(3)(m)3.f., above F.A.C.

i. 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 subparagraph 65C-22.008(3)(p)(o)3., above F.A.C.

j. Written documentation of known food allergies (if applicable). Must be maintained for as long as the child is in care as referenced in subparagraph 65C-22.008(3)(p)(o)3., above F.A.C.

k. Daily meal and snack menus, including meal substitutions. Must be maintained for four months one (1) month as referenced in subparagraph 65C-22.008(3)(p)(o)4., above F.A.C.

(4) School-Age Child Care Personnel Training Requirements.

(a) Definitions.

1. “Active” is refers to the status of a candidate’s awarded credential or certification signifying in which requirements have been successfully met.

2. “Before-Sschool and After-Sschool site” refers to a program, regardless of location, that provides child care for children who are at least five (5) years old, and are enrolled in and attend a kindergarten program, or grades one (1) and above during a school district’s calendar year. This is limited to programs that provide care only before and after the recognized hours of a district’s school day and on teacher planning days, holidays, and intercessions that occur during the school district’s official calendar year.

3. “Begin training for child care personnel” refers to a candidate’s commencement of at least one (1) of the child care training courses listed in Section 402.305(2)(d), F.S. 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 completion of 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. “Continuing Education Unit (CEU)” is a standard unit of measure of coursework used for training and credential purposes. The department will accept CEUs from education institutions accredited and recognized by the U.S. Department of Education, or nationally affiliated state professional organizations.

5.4. “Director” means “operator” as defined in Section 402.302(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.

6.5. “Director Credential” is a department-approved comprehensive credential that consists of educational and experiential requirements as referenced in paragraph 65C-22.008(4)(i), below F.A.C.

7. “Foster Grandparents” are directly supervised volunteers who work with one or more children with special or exceptional needs in child care programs. Foster grandparents are not counted in the staff-to-child ratio. Foster grandparents shall be required to have 100% attendance in the following department’s training courses: Child Care Facility Rules and Regulations; Health, Safety, and Nutrition; Identifying and Reporting Child Abuse and Neglect; and Special Needs Appropriate Practices. Foster grandparents are not classified as child care personnel, and they may not be assigned the roles of teacher’s aides, group leaders or other similar positions pursuant to Title 45, Public Welfare, Code of Federal Regulations, section 2552.75.

8. “High School Diploma, GED and/or College Degree” means a diploma or degree obtained from institution accredited and recognized by U.S. Department of Education. If a high school diploma is earned outside the U.S., it must be translated by someone who is a member of the American Translators Association, an approved credential evaluation agency approved by the Bureau of Educators Certification, or an accredited college/university. If a college degree is earned outside the U.S., it must be evaluated by an approved credential evaluation agency approved by the Bureau of Educators Certification or an accredited college/university to be equivalent to a U.S. degree.

9. “Inactive” refers to the status of a candidate’s awarded credential or certification that is no longer active; however, remains eligible for renewal.

10. “Professional contribution,” for the purpose of Director Credential renewal, demonstrates a dedication to early childhood or school-age education outside of the child care program responsibilities.

11.6. “Training Transcript” is the electronic documentation of statutorily mandated training and staff credential qualifications for child care personnel. Ttraining Ttranscript’s may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

12.7. “Weighted score” means a scaled score, rather than a percentage score, based on the difficulty of the exam and determined by competency exam professionals in consultation with subject matter experts.

13. “Year of experience” is equivalent to a minimum of 1040 hours of paid and/or nonpaid documented work experience.

(b) All Cchild care personnel must begin training within 90 days of employment and successfully complete the department’s training within 12 months from the date training begins. Training completion and may not exceed 15 months from the date of employment in the child care industry in any licensed Florida child care facility.

(c) Child care personnel hired on or after October 1, 1992 must successfully complete 40 hours of child care training by completing the following department’s Department of Children and Family Services’ training as evidenced by successful completion of competency examinations offered by the dDepartment of Children and Family Services or its designated representative with a weighted score of 70 or better. School-age child care personnel must complete: Child care personnel who successfully completed the following training prior to January 1, 2004 are not required to fulfill the competency examination requirement:

1. Child Care Facilities Rules and Regulation;

2. Health, Safety, and Nutrition;

3. Identifying and Reporting Child Abuse and Neglect; and

4. School Age-Appropriate Practices.

5.(d) The remaining hours must be met by successfully completing any a combination of training identified in paragraphs a. and b. below.

a. other Department of Children and Family Services’ training identified below as evidenced by Ssuccessful completion of competency examinations offered by the dDepartment of Children and Family Services or its designated representative with a weighted score of 70 or better for any of the following courses:

(I)1. Child Growth and Development (6 or 10 hours),

(II)2. Behavioral Observation and Screening (6 or 10 hours),

(III)3. Infant and Toddler Appropriate Practices (10 hours),

(IV)4. Preschool Appropriate Practices (10 hours),

(V)5. Special Needs Appropriate Practices (10 hours),

(VI)6. Basic Guidance and Discipline (5 hours online),

7. Computer Technology for Child Care Professionals (5 hours online),

(VII)8. Early Literacy for Children Ages Birth Through Three (5 hours online),

(VIII)9. Early Childhood Computer Learning Centers (5 hours online),

(IX)10. Emergent Literacy for Voluntary Pre-Kindergarten (VPK) Instructors (5 hours online), or

b.11. Completion of 20 hours of specialized school-age training, provided by the department, a national organization or its affiliates of a national organization, that requires demonstration of competencies through passage of examination(s), or completion and assessment of a Professional Resource File (portfolio of materials that demonstrate competency).

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

7. Child care personnel who left the child care industry in compliance with training requirements, upon returning, shall be granted 90 days to comply with any new mandated training requirements. Completion of such training may be counted toward the annual in-service training requirement.

8. Child care personnel who left the child care industry not in compliance with training requirements must complete required training prior to re-employment.

9. Child care personnel employed at the same child care facility prior to October 1, 1992, with no break in employment with the same employer, are exempt from completing Part II of the child care training.

(d) Documentation of Training. Effective July 1, 2010, the department’s Training Transcript will be the only acceptable verification of successful completion of the department’s training. Training completion documented on CF-FSP Form 5267, April 2006, Child Care Training Course Completion Certificate, which is incorporated by reference, will no longer be accepted by the department after July 1, 2010, nor will any previous versions. A copy of the department’s Training Transcript may be obtained from the department’s website at www.myflorida.com/childcare.

1. A copy of the CF-FSP Form 5267 until July 1, 2010, or Training Transcript must be maintained at the school-age child care program.

2. A copy of the CF-FSP Form 5267 until July 1, 2010, or Training Transcript for the director of a school-age child care program must be maintained in the department’s licensing file.

3. Training documented on CF-FSP Form 5267 that is not included on the Training Transcript must be sent to the department or designated representative prior to July 1, 2010, to be documented on the individual’s Training Transcript.

4. As of July 1, 2010, any course completion certificate not documented on the Training Transcript will be considered invalid, requiring that the course(s) retaken. Until the coursework is retaken and completed, child care facilities will be out of compliance with the mandated training standard.

(e) School-age child care personnel are exempt from the training requirement of five (5) clock-hour early literacy and language development of children from birth to five (5) years of age, under paragraph 65C-22.003(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), F.A.C.

(g) Exemptions from the Introductory Child Care Training.

1. Competency Examination Exemptions. Child care personnel have one (1) opportunity, if they choose, to exempt from one (1) or more of the department’s Introductory Child Care Training courses prior to attending training by successful completion of corresponding competency examinations with a weighted score of 70 or better. Exemption examinations are not available for the department’s online Part II specialized training courses.

2. Educational Exemptions.

a. The dDepartment of Children and Family Services or its designated representative shall exempt child care personnel from the Health, Safety and Nutrition; Child Growth and Development; and Behavioral Observation and Screening courses who meet one (1) of the following educational qualifications:

(I) Associate’s degree or higher with six (6) college credit hours in early childhood education/child growth and development or degree in elementary education with certification to teach any age birth through 6th grade.

(II) An active National Early Childhood Credential (NECC) or an active Birth Through Five Florida Child Care Professional Credential (FCCPC).

b. The dDepartment of Children and Family Services or its designated representative shall exempt child care personnel with a Bachelor’s degree or higher B.A., B.S. or advanced degree in Early Childhood Education or Preschool Education from the Infant and Toddler Appropriate Practices course and Preschool Appropriate Practices course.

c. The dDepartment of Children and Family Services or its designated representative shall exempt child care personnel with a Bachelor’s degree or higher B.A., B.S. or advanced degree in Elementary Education from the School-Age Appropriate Practices course.

d. The dDepartment of Children and Family Services or its designated representative shall exempt child care personnel with a Bachelor’s degree or higher B.A., B.S. or advanced degree in Exceptional Student Education from the Special Needs Appropriate Practices course.

e. There are no educational exemptions from the Child Care Facility Rules and Regulations and the Identifying and Reporting Child Abuse and Neglect courses or from the department’s online training courses.

(h) Annual In-Service Training.

1. All child care facility personnel must complete a minimum of 10-clock-hours or one (1) CEU of in-service training annually during the state’s fiscal year beginning July 1 and ending June 30.

2. The annual 10-clock-hours or one (1) CEU of in-service training concentrating on children ages birth through 12 must be completed in one (1) or more of the following areas (college level courses will be accepted):

a. Health and safety, including universal precautions;

b. Child CPR;

c. First Aid (may only be taken to meet the in-service requirement once every three (3) years);

d. Nutrition;

e. Child development – typical and atypical;

f. Child transportation and safety;

g. Behavior management;

h. Working with families;

i. Design and use of child oriented space;

j. Community, health and social service resources;

k. Child abuse;

l. Child care for multilingual children;

m. Working with children with disabilities in child care;

n. Safety in outdoor play;

o. Literacy;

p. Guidance and discipline;

q. Computer technology;

r. Leadership development/program management and staff supervision;

s. Age appropriate lesson planning;

t. Homework assistance for school-age care;

u. Developing special interest centers/spaces and environments; or

v. Other course areas relating to child care or child care management.

3. Documentation of the in-service training requirement must be recorded on CF-FSP Form 5268, March 2009, Child Care In-Service Training Record, and included in the child care facilities’ personnel records. CF-FSP Form 5268 may be obtained from the licensing authority or on the department’s Department of Children and Family Services’ 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 (2) fiscal years must also be maintained at the school-age child care program facility for review by the licensing authority.

(4) Mandated 40-clock-hour introductory child care training, Parts I and II, may be used to meet the annual in-service training requirement during the first fiscal year of employment.

(5) All child care personnel continuously employed or hired between July 1 and June 1 of the state’s fiscal year must complete the annual in-service training requirement. This includes any changes in employment from one program to another.

(6) Child care personnel continuously employed or hired between July 1 and June 1 of the state’s fiscal year who do not complete the required annual in-service training during any given year must complete the remaining in-service training hours within 30 days of the noncompliance finding by the licensing authority. These hours cannot be used to meet the current year’s in-service training requirements.

(i) Director Credential.

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 or Advanced Director Credential must meet the requirements referenced in CF-FSP Form 5290, March 2009, Florida Child Care Director Credential and Renewal Verification and Application. CF-FSP Form 5290 may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. All applications and documentation will be verified, and if complete, the credential will be issued by the dDepartment or designated representative of Children and Family Services on CF-FSP Form 5252, April 2006, Florida Director Credential Certificate.

a. An individual may not be the director of child care facilities that overlap in the hours of operation.

b. Each school-age child care program facility must have a credentialed director that is on-site a majority of hours that the facility is in operation.

c. Every applicant for a license to operate a child care facility or a license for a change of ownership of a child care facility must document that the facility director has an active Director Credential prior to issuance of the license.

d. School-age child care program facility owners must notify the licensing authority within five (5) working days of when the facility loses a credentialed director or when there is a change of director.

(I) The licensing authority will then issue a provisional license for a period not to exceed six (6) months for any facility without a credentialed director.

(II) The provisional license will have an effective date of the first day the facility was without a credentialed director.

e. CF-FSP Form 5252, Florida Director Credential Certificate, must be maintained at the school-age child care program for review by the licensing authority posted in a conspicuous location at the facility.

2. The following exceptions to the Director Credential apply only to before and after school programs that are licensed as child care facilities defined in Section 402.302, F.S., and serve only school-aged children:

a. A credentialed director is not required during evening hours as defined in Section 402.302(6), F.S.

b. A credentialed director may supervise multiple before-school and after-school sites for a single organization as follows:

a.(I) Three (3) sites regardless of the number of children enrolled, or

b.(II) More than three (3) sites if the combined total number of children enrolled at the sites does not exceed 350. In calculating the total number of children enrolled, the number of children in the before- and after-school program shall be calculated and viewed as separate programs.

c.(III) In counties where the public school district has included four (4) 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 (4) 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-22.003(7)(a), F.A.C., in order to accommodate the four (4) year-old children.

d.(IV) When a credentialed director is supervising multiple sites, the individual left in charge of the site during the director’s absence must meet the following requirements:

(I)(A) Be aAt least 21 years of age;

(II)(B) Have completed the approved 40 clock-hour Introductory Child Care Training approved by the dDepartment of Children and Family Services; and

(III)(C) Have completed the department’s Department of Children and Family Services’ Part II specialized training course, Special Needs Appropriate Practices, or completed a minimum of eight (8) hours of in-service training in serving children with disabilities; or

(IV)(D) Have completed the department’s Department of Children and Family Services’ School-Age Appropriate Practices specialized training module.

3. Director Credential Renewal.

a. To maintain an active Director Credential at either level, complete the renewal section of the meet the requirements referenced on CF-FSP Form 5290, March 2009, Florida Child Care Director Credential and Renewal Application5306, Florida Director Credential Renewal Application. CF-FSP Form 5306 which may be obtained from on the department’s Department of Children and Family Services website at www.myflorida.com/childcare.

b. A Director Credential renewal, as documented on CF-FSP Form 5252, Florida Director Credential Certificate is active for five (5) years from the date of issuance. The completed renewal application, including all required documentation, may must be submitted to the dDepartment of Children and Family Services for review, and issuance of a Director Credential Renewal Certificate no earlier than one (1) year prior to the end of the active period of the Director Credential. The Director Credential renewal date is determined by the end date of the active period.

c. If a renewal application is received after the end of the active period for the Director Credential, the Director Credential Renewal Application will be reviewed and, if approved, a certificate will be issued with a renewal date of five (5) years from the date the completed renewal application was processed.

4. Director Credential Training Providers.

a. The dDepartment of Children and Family Services is responsible for reviewing and approving “Overview of Child Care Management” courses offered through vocational-technical schools, community colleges, and universities to determine if the requirements for the Director Credential coursework are met. Applications for new coursework will no longer be accepted by the department. Coursework will be reviewed and approved according to the guidelines found in “Florida Child Care and Education Program Director Credential Curriculum Areas;” copies of which may be obtained from the Department of Children and Family Services.

(I) Vocational-technical schools, community colleges and universities seeking to offer the Director Credential training shall submit CF-FSP Form 5247, Florida Child Care and Education Program Director Credential Course Approval Application to the department for course review and approval. CF-FSP Form 5247 may be obtained on the Department of Children and Family Services’ website at www.myflorida.com/childcare.

(II) A list of approved “Overview of Child Care Management” courses may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

b. All college level coursework pertaining to the following content areas will be accepted as approved coursework towards the Advanced Level Director Credential requirements:

(I) Child Care and Education Organizational Leadership and Management;.

(II) Child Care and Education Financial and Legal Issues;. and

(III) Child Care and Education Programming.

Rulemaking Specific Authority 402.302, 402.305 FS. Law Implemented 402.302, 402.305 FS. History–New 9-12-04, Amended 4-12-07, 5-1-08,________.

 

65C-22.009 Gold Seal Quality Care Program.

(1) Definitions.

(a) Gold Seal Quality Care Provider refers to a child care program that is accredited by a nationally recognized accrediting association pursuant to Section 402.281(1), F.S. “Active” refers to the status of a Gold Seal Quality Care Accrediting Association that has met all of the criteria of a Gold Seal Quality Care Accrediting Association for accreditation.

(b) “Effective” refers to the beginning date of a Gold Seal Quality Care provider’s designation certificate issued by the Child Care Program Office.

(c) “Expired” refers to the end date of a provider’s Gold Seal Quality Care designation certificate issued by the Child Care Program Office.

(b)(d) “Gold Seal Quality Care Accrediting Association” refers to an accrediting association that has applied for and been approved by the department as a Gold Seal Quality Care Accrediting Association.

1. “Active” refers to the status of a Gold Seal Quality Care Accrediting Association that has met all criteria for accreditation and has been designated a Gold Seal Quality Care Accrediting Association by the department.

2.(e) “Inactive” refers to the status of a Gold Seal Quality Care Accrediting Association in which all criteria for accreditation are no longer being successfully met or where an entity has failed to renew its active designation.

3.(f) “Nationally Recognized” refers to an association whose accrediting body is recognized, and is actively issuing accreditation certificates accepted and in at least five (5) states at the time of approval or which had been approved as a Gold Seal Quality Care Accrediting Association by the department prior to July 1, 2007.

(2) Gold Seal Quality Care Provider Requirements.

(a) Gold Seal Quality Care Provider Designation Certificate.

Pursuant to Section 402.281(1), F.S., a child care facility seeking to obtain a designation as a Gold Seal Quality Care provider shall provide the department with documentation of accreditation by an accrediting association that has been approved by the department. Acceptance of the documentation is subject to verification by the issuing accrediting association. A list of approved accrediting associations may be obtained from the licensing authority or on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare.

(b) Gold Seal Quality Care Enforcement.

1. Gold Seal Quality Care providers must maintain national accreditation by a Gold Seal Quality Care Accrediting Association in order to retain their designation. A child care facility’s Gold Seal designation will be terminated upon expiration of accreditation. In order to obtain and maintain Gold Seal Quality Care provider designation, a child care facility must meet the additional criteria outlined in Section 402.281(3), F.S.

2. If a provider’s Gold Seal Quality Care designation is revoked by the department, the Gold Seal Quality Care designation will be terminated termination of the designation will be effective on the date of revocation the last day of the current period of licensure.

3. If a provider’s the child care facility’s accreditation is revoked by the accrediting association agency, termination of the provider’s child care facility’s Gold Seal Quality Care designation by the department will be terminated effective on the date of revocation.

4. If a provider receives accreditation from an inactive accrediting association, it shall not be recognized as a Gold Seal Quality Care Provider.

(3) Gold Seal Quality Care Accrediting Association Requirements.

(a) Accrediting associations seeking recognition as a Gold Seal Quality Care Accrediting Association must complete and attest to the requirements referenced on CF-FSP Form 5315, March 2009 August 2007, Gold Seal Quality Care Accrediting Application, which is incorporated by reference. CF-FSP Form 5315 may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. Applications are accepted during the months of January and July. Denial of an application requires a minimum of a six (6) month waiting period from the date of denial before re-submission during the next scheduled acceptance month.

(b) The department may revoke a Gold Seal Quality Care Accrediting Association’s active status for failure to notify the department of a change in the association’s administration, operation or any condition under which the accreditation association was initially approved by the department as a Gold Seal Quality Care Accrediting Association, if such change results in the Association’s inability to meet the criteria provided in Section 402.281, F.S.

(c)(b) Active Gold Seal Quality Care Associations must re-apply every five (5) years by submitting CF-FSP Form 5315 that may be obtained from on the department’s Department of Children and Family Services’ website at www.myflorida.com/childcare. Re-applications must be received a minimum of six (6) months prior to end of the five (5) year period. Failure to submit CF-FSP Form 5315 every five (5) years or denial of the application will place the accrediting association in an inactive state, during which the association is not recognized as a Gold Seal Quality Care Accrediting Association. Child care arrangements receiving accreditation certificate from an inactive association shall not be recognized as a Gold Seal Quality Care Provider.

(d) Inactive Gold Seal Quality Care Accrediting Associations seeking wishing to renew their become active status must be in compliance with all requirements outlined on CF-FSP Form 5315 as a new applicant before being reinstated as an active Gold Seal Quality Care Accrediting Association, pending department’s the Department of Children and Family Services’ approval.

Rulemaking Specific Authority 402.281 FS. Law Implemented 402.281 FS. History–New 5-1-08, Amended________.

 

65C-22.010 Enforcement.

(1) Definitions.

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

(b) “Probation” is a licensing status indicating the license is in jeopardy of being revoked or not renewed due to violations of licensing standards. 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 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 facility must operate during the probationary period a violation or violations, which are within the control of the facility, to become compliant with licensing standards.

(c) “Standards” are requirements for the operation of a licensed facility provided in statute or in rule that must be met for licensure as a child care facility and that are identified on the CF-FSP Form 5316, October 2007, Child Care Facility Standards Classification Summary, which is incorporated by reference.

(d) “Violation” means a finding of noncompliance by the department or local licensing authority of agency with a licensing standard.

1. “Class I Violation” is an incident incidence of noncompliance with a Class I standard as described on CF-FSP Form 5316, March 2009 October 2007, Child Care Facility Standards Classification Summary, which is incorporated by reference. Class I violations are the most serious in nature, pose an imminent threat to a child including abuse or neglect, and which could or does result in death or serious harm to the health, safety or well-being of a child.

2. “Class II Violation” is the second or subsequent incident 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 well-being of a child, although the threat is not imminent.

3. “Class III Violation” is the third or subsequent incident incidence of noncompliance with an individual Class III standard as described on CF-FSP Form 5316. Class III violations are less serious in nature than either Class I or Class II violations, and pose a low potential for harm to children.

4. “Technical Support Violations” are the first or second occurrence of noncompliance of an individual Class III standard or the first occurrence of noncompliance of an individual Class II standard.

(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 take into consideration the actions taken by the facility to correct the violation when determining the appropriate disciplinary sanction.

(b) Each standard violation has an assigned classification based on the nature or severity of the violation(s) as identified within the Child Care Facility Standards Classification Summary, CF-FSP Form 5316.

(c) A violation of a Class II standard that results in death or serious harm to a child shall escalate to a Class I violation.

(d) Failure to submit a completed CF-FSP Form 5017, Application for a License to Operate a Child Care Facility, 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)(d) 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 violation of a Class I standard violation, the department shall, upon applying the factors in Section 402.310(1), F.S., issue an administrative complaint imposing a fine not less than $100 nor more than $500 per day for each violation, and may impose other disciplinary sanctions in addition to the fine.

b. For the third and subsequent violation of the same Class I standard violations, 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. For the first violation of a Class II standard violation, the department shall issue a formal warning letter stating the department's intent to take administrative action if further violations of the standard occur. The violation will be classified as “Technical Support.”

b. For the second violation of the same Class II standard violation, the department shall issue an administrative complaint imposing a fine of $50 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 violation of the same Class II standard violation, the department shall issue an administrative complaint imposing a fine of $60 per day for each violation.

d. For the fourth violation of the same Class II standard violation, the department shall issue an administrative complaint placing the provider’s license 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 $75 per day for each violation.

e. For the fifth and subsequent violation of the same Class II standard violation, the department shall issue an administrative complaint to suspend, deny, or revoke the license, and the department shall also issue an administrative complaint imposing an additional fine of $100 per day for each violation.

3. Class III Violations.

a. For the first violation of a Class III standard violation, technical assistance shall be provided. The violation will be classified as “Technical Support.”

b. For the second violation of the same Class III standard 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 violation of the same Class III standard violation, the department shall issue an administrative complaint imposing a fine of $25 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. For the fourth violation of the same Class III standard violation, the department shall issue an administrative complaint imposing a fine of $30 per day for each violation.

e. For the fifth violation of the same Class III standard violation, the department shall issue an administrative complaint placing the provider’s license on probation status for a period not to exceed six (6) months, and the department shall also issue an administrative complaint imposing a fine of $40 per day for each violation.

f. For the sixth and subsequent violation of the same Class III standard violation, the department shall issue an administrative complaint to suspend, deny, or revoke the license, and the department shall also issue an administrative complaint imposing a fine of $50 per day for each violation.

4. Children’s Health/Immunization Records Disciplinary Sanctions.

a. For the first violation of a Class III Children’s Health and/or Immunization standard violation, technical assistance shall be provided. The violation will be classified as “Technical Support.”

b. For the second violation of the same Class III Children’s Health and/or Immunization standard 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 standard violation will be classified as “Technical Support.”

c. For the third violation of the same Class III Children’s Health and/or Immunization standard 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 violation of the same Class III Children’s Health and/or Immunization standard violation, the department shall issue an administrative complaint imposing a fine in the amount of $30 for each violation.

e. For the fifth violation of the same Class III Children’s Health and or Immunization standard 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 violation of the same Class III Children’s Health and or Immunization standard 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.

Rulemaking Specific Authority 402.305, 402.310 FS. Law Implemented 402.305, 402.310 FS. History–New 5-1-08, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Department of Children and Family Services – Child Care Program

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melissa Jaacks

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 8, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 20, 2009