General Information, Food and Nutrition, School Age Child Care, Enforcement

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation Program

RULE NO.: RULE TITLE:
65C-22.001: General Information
65C-22.005: Food and Nutrition
65C-22.008: School Age Child Care
65C-22.010: Enforcement

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 44, November 5, 2010 issue of the Florida Administrative Weekly.

65C-22.001 General Information.

(1) through (11) No change.

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

 

65C-22.005 Food and Nutrition.

(1) through (2) No change.

(a) Application acknowledging food service. All child care facilities that store, prepare, and/or serve food to the children in care must identify annually the type of food services provided on CF-FSP Form 5017, October 2010, Application For A License to Operate a Child Care Facility, which is incorporated by reference. A copy of the application may be obtained from the Department’s website at www.myflorida.com/childcare.

(b) Facilities must comply, within a period of 90 days after the effective date of this chapter, with the following rules from chapter 64E-11, F.A.C., which are incorporated by reference. A copy of this chapter may be obtained from the Department’s website at www.myflorida.com/childcare:

1. 64E-11.001, Food Hygiene – General 8-28-96;

2. 64E-11.002, Definitions 4-1-09;

3. 64E-11.003, Food Supplies 7-14-03;

4. 64E-11.004, Food Protection 7-14-03;

5. 64E-11.005, Personnel 7-14-03;

6. 64E-11.006, Food Equipment and Utensils 7-14-03;

7. 64E-11.007, Sanitary Facilities and Controls 7-14-03;

8. 64E-11.008, Other Facilities and Operations 3-15-98;

9. 64E-11.009, Temporary Food Service Events 3-15-98;

10. 64E-11.010, Vending Machines 3-15-98;

11. 64E-11.011, Procedure When Infection is Suspected 2-21-91;

12. 64E-11.014, Mobile Food Units 7-14-03.

(c) Manager Certification and Training.

1. No change.

2. The designated food service manager shall have passed a written certification test from a provider that has been approved by the Department of Health in accordance with subsections 64E-11.012(2)-(4), F.A.C. A list of test providers may be obtained from the Department of Health website at www.doh.state.fl.us. one of the following providers: National Registry of Food Safety Professional [phone], National Restaurant Association [phone], or Thomson Prometric [phone]. The certified manager shall also maintain a copy of their active manager certification on site for review by the Department. The manager certification is active for five years from the date of issuance and must be renewed timely.

3. All additional food service employees or any employee who works in the kitchen and/or serves food shall complete the “Serving Safe Food in Child Care” course offered by the National Food Service Management Institute at The University of Mississippi. The course is a four-hour online course that can be accessed via the National Food Service Management Institute website at www.nfsmi.org. A copy of the certificate indicating course completion must be available for review by the Department. This is a one-time training requirement that must be completed prior to preparing and/or serving food to the children in care. This training may be counted toward completion of the employee in-service training requirement only one time for each employee.

4. No change.

(d) Inspections, violations, and administrative action.

1. Facilities will be subject to inspections. that must be documented on Department of Health form DH 4023, Jan. 2005, which is incorporated herein by reference.

2. through 3. No change.

4. A “stop sale action” means that a violation of food service standards has been observed that poses an immediate threat to the safety of food requiring the food item(s) in question be destroyed or otherwise rendered unusable at the time of inspection. Violations resulting in a “stop sale action” must be documented on Department of Health DH form 4045, Feb. 1999, which is incorporated herein by reference. A copy of this form may be obtained from the Department’s website at www.myflorida.com/childcare. Re-occurring “stop sale actions” subject the facility to progressive sanctions in accordance with the schedule for Class II violations provided in Rule 65C-22.010, F.A.C.

5. No change.

6. In the event that the Department determines that a child care facility’s regular food service operation fails to comply with the food hygiene standards established in this rule such that continued operation of regular food service presents an imminent danger to the health and safety of the children being served, the Department will require that the facility immediately cease regular food service. Closure of the regular food service operation will not otherwise affect the operation of the facility, provided that the facility makes alternative arrangements to provide food for the children as needed. The facility must notify parents that the regular food service has been closed and must inform them of the alternate arrangements that have been made. The Department will document the closure on Department of Health form DH 4023, Jan 2005 used for inspection purposes. The facility must post the food service inspection report in a conspicuous place accessible to parents for the duration of the closure. Any food service operation closed under this rule shall remain closed until the standards violation that produced the closure has been remedied.

(e) Any organized food preparation activity in which children in care may participate as part of a planned curriculum must be under the direct supervision of a staff person who is knowledgeable in food hygiene safety and who has completed at minimum the “Serving Safe Food in Child Care” course required in paragraph (c) of this subsection.

(3) No change.

Rulemaking Authority 402.305, 402.308 FS. Law Implemented 402.305, 402.308 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, Re-promulgated 5-1-08, 1-13-10,________.

 

65C-22.008 School Age Child Care.

(1) through (2)(e) No change.

(3) No change.

(a) through (d) No change.

(e) General Requirements.

1. All school-age child care program 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. It is the responsibility of the director/owner that all areas of the facility are free from fire hazards, such as burning candles (including birthday candles) and incense, lint and dust build up in heating and air vents, filters, exhaust fans, ceiling fans, and dryer vents.

2. through 8. No change.

(f) through (j) No change.

(k) Health and Sanitation.

1. No change.

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, prior to eating, serving food, and immediately after outdoor play.

3. through 4. No change.

(l) through (p) No change.

(q) No change.

1. All licensed school-age child care facilities that store, prepare, and/or serve food to the children in care must identify annually the type of food services provided on CF-FSP Form 5017, October 2010, Application For A License to Operate a Child Care Facility, which is incorporated by reference. A copy of the application may be obtained from the Department’s website at www.myflorida.com/childcare.

2. All school-age child care facilities that store, prepare, and/or serve food to the children in care must comply, within a period of 90 days after the effective date of this chapter, with the following rules from Chapter 64E-11, F.A.C., which are incorporated by reference. A copy of this chapter may be obtained from the Department’s website at www.myflorida.com/childcare:

a. Application acknowledging food service. All child care facilities that store, prepare, and/or serve food to the children in care must identify annually the type of food services provided on CF-FSP Form 5017, Application For A License to Operate a Child Care Facility, which is incorporated by reference. A copy of the application may be obtained from the Department’s website at www.myflorida.com/childcare.

b. Facilities must comply with the following rules from chapter 64E-11, F.A.C., which are incorporated by reference:

a.I. 64E-11.001, Food Hygiene – General, 8-28-96;

b.II. 64E-11.002, Definitions, 4-1-09;

c.III. 64E-11.003, Food Supplies, 7-14-03;

d.IV. 64E-11.004, Food Protection, 7-14-03;

e.V. 64E-11.005, Personnel, 7-14-03;

f.VI. 64E-11.006, Food Equipment and Utensils, 7-14-03;

g.VII. 64E-11.007, Sanitary Facilities and Controls, 7-14-03;

h.VIII. 64E-11.008, Other Facilities and Operations, 3-15-98;

i.IX. 64E-11.009, Temporary Food Service Events, 3-15-98;

j.X. 64E-11.010, Vending Machines, 3-15-98;

k.XI. 64E-11.011, Procedure When Infection is Suspected, 2-21-91;

l.XII. 64E-11.014, Mobile Food Units, 7-14-03.

3.c. Manager Certification and Training.

a.I. All child care facilities that store, prepare, and/or serve food to the children in care shall designate in writing a food service manager.

b.II. The designated food service manager shall have passed a written certification test from a provider that has been approved by the Department of Health in accordance with subsections 64E-11.012(2)-(4), F.A.C. A list of test providers may be obtained from the Department of Health website at www.doh.state.fl.us. one of the following providers: National Registry of Food Safety Professional [phone], National Restaurant Association [phone], or Thomson Prometric [phone]. The certified manager shall also maintain a copy of their active manager certification on site for review by the Department. The manager certification is active for five years from the date of issuance and must be renewed timely.

c.III. All additional food service employees or any employee who works in the kitchen and/or serves food shall complete the “Serving Safe Food in Child Care” course offered by the National Food Service Management Institute at The University of Mississippi. The course is a four-hour online course that can be accessed via the National Food Service Management Institute website at www.nfsmi.org. A copy of the certificate indicating course completion must be available for review by the Department. This is a one-time training requirement that must be completed prior to preparing and/or serving food to the children in care. This training may be counted toward completion of the employee in-service training requirement only one time for each employee.

d.IV. The facility must, within 90 days of the date that the certified food service manager separates from employment at the facility or is relieved of food service management responsibilities, designate in writing a food service manager that who has passed a written certification test from one of the providers listed in sub-subparagraph 3.b. of this subsection paragraph (2)(c)2. of this rule.

4.d. Inspections, violations, and administrative action.

a.I. Facilities will be subject to inspections that must be documented on Department of Health form DH 4023, Jan. 2005, which is incorporated herein by reference.

b.II. The food service operations of the facility must close down immediately if there is a loss of power services, and/or water services, and/or sewage issues that affect the kitchen area. The operator must notify the Department within four hours as to their operational status in order for the Department to ensure health standards are being met for continued operation.

c.III. In the event that a child or children at the facility are sickened as a result of a violation of the food hygiene standards established by this rule, the facility will be subject to progressive sanctions in accordance with the schedule for Class I violations provided in Rule 65C-22.010, F.A.C.

d.IV. A “stop sale action” means that a violation of food service standards has been observed that poses an immediate threat to the safety of food requiring the food item(s) in question be destroyed or otherwise rendered unusable at the time of inspection. Violations resulting in a “stop sale action” must be documented on Department of Health DH form 4045, Feb. 1999, which is incorporated herein by reference. Re-occurring “stop sale actions” subject the facility to progressive sanctions in accordance with the schedule for Class II violations provided in Rule 65C-22.010, F.A.C.

e.V. Other violations of food service standards that do not result in a “stop sale action” will subject the facility to progressive sanctions in accordance with the schedule for Class III violations provided in Rule 65C-22.010, F.A.C.

f.VI. In the event that the Department determines that a child care facility’s regular food service operation fails to comply with the food hygiene standards established in this rule such that continued operation of regular food service presents an imminent danger to the health and safety of the children being served, the Department will require that the facility immediately cease regular food service. Closure of the regular food service operation will not otherwise affect the operation of the facility, provided that the facility makes alternative arrangements to provide food for the children as needed. The facility must notify parents that the regular food service has been closed and must inform them of the alternate arrangements that have been made. The Department will document the closure on Department of Health form DH 4023, Jan 2005 used for inspection purposes. The facility must post the food service inspection report in a conspicuous place accessible to parents for the duration of the closure. Any food service operation closed under this rule shall remain closed until the standards violation that produced the closure has been remedied.

5.e. Any organized food preparation activity in which children in care may participate as part of a planned curriculum must be under the direct supervision of a staff person who is knowledgeable in food hygiene safety and who has completed at minimum the “Serving Safe Food in Child Care” course required in sub-subparagraph 3. of this subsection paragraph (c) of this section.

(r) No change.

(s) Fire and Emergency Safety.

1. through 4. No change.

5. During the facility’s licensure year, Tthe facility must conduct either an emergency preparedness or fire drill each month of operation during the facility’s licensure year. Emergency preparedness drills include a minimum of one (1) lockdown and one (1) inclement weather drill conducted within each licensure year. A fFire drills shall be conducted each remaining month of operation during the facility’s licensure year using the following formula:

Total # of months the program operates – 2 = Total # of fire drills that must be conducted.

The drills must be conducted a minimum of 10 times annually and be conducted at various dates and 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. The fire drills conducted must include, at a minimum:

a. through b. No change.

6. through 7. No change.

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

9. through 12. No change.

(t) No change.

(u) Record Keeping.

1. through 4. No change.

a. through e. No change.

(I) through (III) No change.

f. No change.

(I) through (III) No change.

(IV) No change.

g. through j. No change.

5. No change.

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

(a) Definitions.

1. through 4. No change.

5. “Director” means “operator” as defined in Section 402.302(12)(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. No change.

7. “Foster Grandparents” are directly supervised volunteers who participate in the federal program pursuant to 45 Code of Federal Regulations part 2552. Foster grandparents 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 must begin training within 30 days of employment in the child care industry in any licensed Florida child care home or facility. Training must be completed within six (6) months from the date of employment in the child care industry in any licensed Florida child care home or facility. 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.

8. through 13. No change.

(b) through (c) No change.

1. Child Care Facility Rules and Regulation (6 hours);

2. Health, Safety, and Nutrition (8 hours);

3. Identifying and Reporting Child Abuse and Neglect (4 hours); and

4. Understanding Developmentally Appropriate Practice (5 hours);

5.4. School Age-Appropriate Practices.; and

6.5. The remaining 12 hours must be met by completing any combination of training identified in either sub-subparagraphs a. or and b. below.

a. Successful completion of competency examinations offered by the department or its designated representative with a weighted score of 70 or better for any of the following courses:

(I) Standards for Quality Afterschool Programs (8 hours online),

(II) Quality Self-Assessment and Improvement for Afterschool Programs (4 hours online),

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

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

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

(IV) Preschool Appropriate Practices (10 hours),

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

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

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

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

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

b. Completion of specialized school-age training, provided by the department, a national organization or 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).

c. School-age child care personnel who completed the department’s 40 hour introductory training prior to January 2012 will remain in compliance with regards to the introductory training requirement.

6. No change.

7. In the event that cChild care personnel leaves who left the child care industry in compliance with the training requirements described in this section, upon and returnsing to the industry either at the same or a different child care facility, he or she shall be granted 90 days to comply with any new mandated training requirements that have been enacted in law during the gap in employment in the child care industry. Completion of such training may be counted toward the annual in-service training requirement.

8. In the event that cChild care personnel leaves who left the child care industry not in compliance with the training requirements described in this section, and returns to the industry either at the same or a different child care facility, he or she must comply with the training requirements described in this section, in addition to any new mandated training requirements that have been enacted in law during the gap in employment in the child care industry 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) through (g) No change.

(h) Annual In-Service Training.

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

2. No change.

a. through v. No change.

w. Any of the online courses offered through the department’s child care website.

3. No change.

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.

4.5. All child care personnel employed in the industry beyond 15 months, who change employment from one child care program to another during the fiscal year 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.

5.6. Child care personnel not in compliance with the annual in-service training requirement described in this section 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 requirement 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) No change.

Rulemaking Authority 402.305 FS. Law implemented 402.305 FS. History–New 9-12-04, Amended 4-12-07, 5-1-08, 1-13-10, Amended 7-29-10,________.

 

65C-22.010 Enforcement.

(1) Definitions.

(a) through (d) No change.

1. “Class I Violation” is an incident of noncompliance with a Class I standard as described on CF-FSP Form 5316, March 2011 March 2009. Child Care Facility Standards Classification Summary, which is incorporated by reference. A copy of the CF-FSP Form 5316 may be obtained from the department’s website at www.myflorida.com/childcare. 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. through 4. No change.

(2) No change.

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