Chapter 2010-161 sections 17 & 18, Laws of Florida eliminated the Department of Health’s authority to license and inspect food preparation and food service in child care facilities. The legislation effectively requires the Department to assume ...

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: Chapter 2010-161 sections 17 & 18, Laws of Florida eliminated the Department of Health’s authority to license and inspect food preparation and food service in child care facilities. The legislation effectively requires the Department to assume responsibility for food hygiene in licensed child care facilities. The Department adopted an emergency rule to provide temporary standards for food preparation and food service similar to those previously administered by the Department of Health, but a permanent rule is required to establish ongoing standards and enforcement authority to ensure the health, safety, and welfare of children in childcare facilities that provide meals/snacks. Chapter 2010-114 sections 22 & 38, Laws of Florida provides updated background screening requirements for child care personnel. Title 16, Parts 1219 &1220, Code of Federal Regulations updated crib requirements. Modifications to fire safety and emergency preparedness rules reflect updated standards that provide clarifying language; incorporate provisions for emergency procedures for children with special needs; and procedures related to parental notification in the event of an emergency. Modifications to planned activities rules reflect updated standards based on National Health and Safety Performance Standards and the national initiative to combat childhood obesity. The modifications to the training curriculum rule provide clarifying language and incorporate food safety training as a new topic area option for continuing education. Clarifying language is also included for indoor square footage. Finally, the modifications to the after-school program descriptions provide clarifying language regarding instructional based after-school programs and provides an exception for programs that are otherwise excluded from licensure, that are on the federal After School Nutrition Program to provide a dinner meal.

SUMMARY: The proposed rule amends several rules within Chapter 65C-22, F.A.C., regarding food preparation, food service, and food storage in child care facilities licensed by the Department. It will also revise language concerning indoor square footage; background screening standards; procedures related to fire safety and parental notification following an emergency; planned activity schedules; updated crib safety standards; updated topics acceptable to meet continuing education requirements; and afterschool program descriptions for programs that do not require licensure by the Department.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.

The proposed rule revisions will provide for lower costs to child care providers who provide food service to children in care compared to the regulatory scheme previously administered by the Department of Health. Providers will no longer be required to pay an annual permit fee (approximately $110) previously charged by the Department of Health.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 402.305 FS.
LAW IMPLEMENTED: 402.305 FS.

A HEARING WILL BE HELD AT THE DATES, TIMES AND PLACES SHOWN BELOW:

DATES AND TIMES:

1. August 28, 2012 8:30 a.m. – 10:30 a.m.;

2. August 29, 2012 9:00 a.m. – 11:00 a.m.;

3. August 31, 2012 9:00 a.m. – 11:00 a.m.

PLACES:

1. Early Learning Coalition of Miami-Dade/Monroe, 2555 Ponce de Leon Boulevard, Fifth Floor Board Room, Coral Gables, Florida 33134

2. Institute of Early Childhood Professionals, 8413 Laurel Fair Circle, Suite 100, Tampa, Florida 33610

3. Department of Children and Families, 1317 Winewood Boulevard, Building 4, Tallahassee, Florida 32399-0700

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: Child Care Program Office, 1317 Winewood Boulevard, Building 6, 3rd Floor, Tallahassee, Florida 32399-0700, (850)488-4900. 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 RULES IS: Dinah Gallon, (850)488-4900

The Department will receive comments through close of business September 7, 2012. Comments may be sent to the following email address: dinah_gallon@dcf.state.fl.us

THE FULL TEXT OF THE PROPOSED RULES IS:

65C-22.001 General Information.

(1) No change.

(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, July 2012 March 2009, Application for a License to Operate a Child Care Facility, which is incorporated by reference. CF-FSP Form 5017 may be obtained from the department’s website at www.myflorida.com/childcare.

(b) No change.

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

(d) through (e) No change.

(2) through (4) No change.

(5) Supervision.

(a) Direct supervision means actively 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 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.

1. High chairs shall be used for infants at feeding times. The use of safety straps to prevent falls is required whenever children are placed in high chairs.

2. 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 and documented in the child’s file.

(d)(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.

(e)(d) Additional Supervision Requirements.

1. through 3. No change.

(6) through (7) No change.

(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 must include alternate activities in case of inclement weather, and include scheduled activities that:

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

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

3. No change.

(b) through (c) No change.

(8) through (11) No change.

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

65C-22.0011 Definitions.

(1) Definitions

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

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

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

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

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

(f) Sanitize – The process of destroying or reducing organisms to a safe level. Includes properly cleaned equipment and surfaces, such as sinks and sleep mats. Sanitation shall be accomplished with the application of an approved chemical sanitizer or the use of hot water or steam.

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

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

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

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

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

65C-22.002 Physical Environment.

(1) No change.

(a) through (b) No change.

(c) It is the responsibility of the director/operator to ensure all areas and equipment of the facility are free from fire hazards, such as, lint build up in heating and air vents, filters, exhaust fans, ceiling fans, and dryer vents; and grease build up in ovens, stoves, and food equipment.

(d) No change.

(e) 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. Animals are prohibited in areas where food is prepared. If animals or birds are kept in classrooms as pets, they shall be caged away from the food storage and preparation or service area, and cages kept clean.

(f) through (h) No change.

(i) Pursuant to Chapter 386, F.S., smoking is prohibited within the child care facility, all outdoor 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) 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. The facility must provide current written approval from the local governing body to verify compliance with building and plumbing requirements.

(2) through (3) No change.

(a) No change.

(b) Usable indoor floor space refers to that space available for indoor play, classroom, work area, or nap area space. To determine overall facility capacity, uUsable 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 and designated food preparation areas, 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 to determine total facility capacity. Each room routinely used as a classroom must provide the minimum square footage per child defined in paragraph (3)(a), above.

(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.

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

(d)(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.

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

(f)(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) through (5) No change.

(a) through (b) No change.

(c) Children up to one 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 inches. Cribs must meet the construction regulations as outlined in Title 16, Parts 1219 & 1220 1508 & 1509, Code of Federal Regulations, December 28, 2010 January 2009, which is incorporated by reference. A copy of may be obtained from the department’s website, www.myflorida.com/childcare. No double or multi-deck cribs, cots or beds may be used.

(d) No change.

(6) Restrooms Toilet and Bath Facilities.

(a) through (f) No change.

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

(7) No change.

(a) through (b) No change.

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

(d) No change.

(e) During the facility’s operating licensure year, fire drills shall be conducted monthly a minimum of 10 times and be conducted at various dates and times when children are in care, 30 days and shall not occur less than apart. 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:

1. through 3. No change.

(f) through (g) No change.

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

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

(j) through (l) No change.

(m) Automatic range-top fire suppression systems are required in the kitchen for facilities that produce steam or grease laden vapors or shallow fry or deep fry food. Documentation of an approved annual inspection of the suppression system per the Fire Prevention Code is required by local fire safety authority.

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

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

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

1. Ventilation provided either by mechanical or natural means to provide fresh air and control of unpleasant odors.

2. Smooth, nonabsorbent food contact surfaces with no unsealed cracks or seams. Food-contact surfaces are surfaces of equipment, countertops, utensils, etc. that food contacts during food preparation.

3. Food equipment maintained and stored in a sanitary manner and out of the reach of children.

4. Shielded lighting.

5. Nonabsorbent and easily-cleaned flooring or floor covering.

6. Nonabsorbent walls and ceilings by means of surface material or applied coating/sealant.

7. A separate hand washing station with hot running water a minimum of 100 degrees Fahrenheit. A hand washing station must include a sink with running water and drainage, soap, trash receptacle, and disposable towels or hand drying machines that are properly installed and maintained. Hand washing stations must include posted signs visible to employees and children demonstrating proper hand washing technique. Portable sinks may not be used for warewashing or food preparation. If a portable sink is used for hand washing in the food preparation area, hot water must be provided.

8. Leakproof, nonabsorbent containers, covered with a tight-fitting lid, for all food waste stored inside the facility. The container shall be emptied, cleaned and sanitized or disinfected at least daily.

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

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

(9) Food Storage. Facilities choosing to prepare food must have a designated space for food storage within the designated food preparation area or in a room not calculated as part of indoor floor space, and in an area not used for diapering. Off-site food storage is permissible only if site of storage is a licensed child care facility under the same ownership that includes a food preparation area that meets licensing standards.

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

(b) Food must be consumed or discarded on or before the expiration dates listed by the manufacturer.

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

(e) Opened packages of dried goods must be properly covered/sealed, properly stored, and discarded according to the manufacturer’s recommended date or if the quality of the goods has been compromised.

(f) Refrigerators/freezers.

1. An accurate thermometer must be inside each refrigeration unit used to verify adequate cold storage temperature.

2. Food may be frozen prior to the expiration date but when thawed it must be labeled with the date it was removed from the freezer and discarded within seven calendar days.

3. Frozen food must be labeled by date and type noted below and stored according to the following table:

Food Item	Months
Bacon and sausage	1 to 2 months
Casseroles	2 to 3 months
Frozen dinner and entrees	3 to 4 months
Ham, hot dogs, lunchmeats	1 to 2 months
Meat, uncooked	4 to 12 months
Meat, uncooked ground	3 to 4 months
Meat, cooked	2 to 3 months
Poultry, cooked	4 months
Soups and stews	2 to 3 months

(10)(8) Health and Sanitation.

(a) No change.

1. No change.

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

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

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

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

3. through 4. No change.

(b) Diapering Requirements.

1. A hHand-washing station facilities that includes a sink basin with running water, soap, trash receptacle, and disposable towels or hand drying machines that are properly installed and maintained shall be provided 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.

2. through 8. No change.

1. through 3. No change.

(d) Warewashing and Sanitization. For facilities that prepare food, non-disposable food equipment, tableware, and utensils utilized for food preparation and food consumption shall be properly cleaned by pre-rinsing or scraping, washing, rinsing, sanitizing, and air drying. If the child care facility lacks adequate warewashing and sanitation described in this section for dishes, equipment, and utensils, only disposable single-use items may be used. All single service items must be discarded after each use. Food equipment, tableware, and utensils used to prepare food must be washed and sanitized on-site, except when a caterer is used and the caterer is responsible for warewashing as evidenced by a written agreement.

1. Warewashing and sanitation must be accomplished by one of the following:

a. A dishwasher with a sanitizing cycle.

1. The dishwasher must use heat or chemical injection for sanitization.

2. If chemical sanitization is used, the wash water temperature must be set at a minimum of 120 degrees Fahrenheit and the rinse water must be a minimum of 75 degrees Fahrenheit.

3. Automatic sanitizing dispenser must be properly installed and maintained.

4. A test kit or other device that accurately measures the concentration of the sanitizing solution must be available and used to confirm appropriate concentration of solution during one full cycle per day at minimum.

5. If hot water is used for sanitization, the dishwasher must achieve a temperature of 160 degrees Fahrenheit on the surface of equipment/dishes/utensils being washed.

6. The facility must have a means for measuring the required temperature either by an irreversible registering temperature indicator (heat strip) or an external temperature display built into the machine;

b. An installed three compartment sink or an installed two compartment sink with a non-stationary or portable compartment receptacle. Installed compartment sinks may be used to wash produce and to fill cooking pots and pans with water when not in use for warewashing. Sinks must be sanitized before and after each use.

1. The first compartment must be used for washing, the second compartment must be used for rinsing, and the third compartment must be used for sanitizing.

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

3. A test kit or other device that accurately measures the concentration of the sanitizing solution must be available and used to confirm appropriate concentration of solution during each use.

4. If hot water is used for sanitizing, equipment/dishes/utensils must be immersed for a period of at least one-half minute in hot water at a temperature of 170 degrees Fahrenheit or above;

(e) Food handling.

1. Bottles and sippy cups provided by the facility must be washed and sanitized between each use. Bottles and sippy cups brought from home shall be individually labeled with the child’s first and last name. Sippy cups and bottles brought from home shall be returned to the custodial parent or legal guardian daily.

2. Bottles and sippy cups provided by the facility which are washed, rinsed, and sanitized after each use do not have to be labeled.

3. Milk and food shall not sit out for longer than 15 minutes prior to the beginning of the meal to avoid contamination and spoilage.

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

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

(9) No change.

(a) No change.

1. through 2. No change.

3. Facilities shall provide sufficient age-appropriate seating at meals.

(b) No change.

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

65C-22.003 Training.

(1) No change.

(a) through (k) No change.

(l) 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. This requirement can be met by either instructor-led or online training. Foster grandparents must begin training within 30 days of working in the child care industry in any licensed Florida child care facility. Training must be completed within one year from the date of working in the child care industry in any licensed Florida child care 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.

(m) through (s) No change.

(2) No change.

(a) No change.

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

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

a. through e. No change.

3. No change.

4. No change.

5. In the event an individual leaves Child care personnel who left the child care industry in compliance with the training requirements described in this section, and upon 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 established during the gap in employment in the child care industry. Completion of such training may be counted toward the in-service training requirement.

6. In the event an individual leaves Child care personnel 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 may have been established during the gap in employment in the child care industry complete required training prior to re-employment.

7. No change.

(b) No change.

(3) through (4) No change.

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

(5) through (6) No change.

(a) 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.

(b) No change.

1. through 20. No change.

21. Food safety training;

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

23.22. 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, July 2012 March 2009, 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 department website at www.myflorida.com/childcare. A new in-service training record is required each fiscal year. The in-service training records for the previous two fiscal years must also be maintained at the 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.

(d)(e) 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.

(e)(f) 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.

(7) through (8) No change.

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

65C-22.004 Health Related Requirements.

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

(c) At least one 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. If the first aid kit is stored in the food preparation area it shall be stored in a manner to prevent contamination of food, food contact surfaces, or first aid supplies. Each kit must, at a minimum, include:

1. Soap, (to be used with water) and or hand sanitizer (for use when water may not be available),

2. through 11. No change.

(d) No change.

(3) No change.

(a) through (f) No change.

(g) All medicine must have child resistant caps, if applicable, and shall either be stored in a locked area or must be inaccessible and out of a child’s reach. If medication is stored in the food preparation area it must be stored in a manner to prevent contamination of food, food contact surfaces, or medication.

(h) No change.

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

65C-22.005 Food and Nutrition.

(1) Nutrition.

(a) If a facility provides chooses to supply food to children in care, it shall provide nutritious meals and snacks of a quantity and quality to meet the daily nutritional needs of the children. The USDA MyPlate MyPyramid, June 2011 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 and older. The categories “oils” and “discretionary calories” may not be considered food groups. Copies of the USDA MyPlate MyPyramid may be obtained from the USDA website at http://www.choosemyplate.gov www.mypyramid.gov. Using the USDA MyPlate MyPyramid, breakfast shall consist of at least three different food groups, lunch and dinner shall consist of at least four different food groups, and snacks shall consist of at least two different food groups.

(b) If a facility chooses to provide food to children in care, directly or by contract with an outside source such as a caterer, the food must be in sound condition, free from spoilage and contamination and safe for human consumption, and must be stored and handled in a sanitary manner at all times. The facility must have adequate equipment available to maintain food safety.

1. Meat, poultry, fish, dairy products, and processed foods shall have been inspected under the United States Department of Agriculture requirements.

2. No raw milk or unpasteurized juice may be served without the written consent of the parent or legal guardian.

3. No home-canned food may be served.

4. No home-grown eggs may be served.

5. No recalled food products may be served.

6. All raw fruits and vegetables shall be washed thoroughly before being served or cooked.

7. To prevent food from becoming potentially hazardous, hot foods shall be maintained at a temperature of 135 degrees Fahrenheit or above, and cold foods shall be maintained at a temperature of 40 degrees Fahrenheit or below. The facility must supply adequate equipment to maintain temperature requirements.

8. Foods that comprise meals included on a facility’s menu may not be prepared or partially prepared outside of the facility unless prepared by a caterer or a licensed child care facility under the same ownership that includes a food preparation area that meets licensing standards.

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

Food	Minimum Internal Temperature
Fruits, Vegetables, Grains, and Legumes	135oF
Roasts (Beef, Pork and Ham)	145oF
Fish	145oF
Eggs to be served immediately	145oF (whites and yolks are firm)
Eggs cooked and held for service	155oF
Ground meat	155oF
Poultry whole, parts, or ground	165oF
Leftovers	165oF
Foods cooked in microwave	165oF
Sauces, gravy, soups	165oF

(c) If a facility chooses to provide or make available food to children in care from an outside source such as a caterer, or as the result of a learning activity provided by a child care program, such as a garden, it is the responsibility of the provider to ensure all food intended for consumption by a child in care be in sound condition, free from spoilage, and contamination and safe for human consumption. The following documentation shall be maintained by the provider:

1. Food Acceptance Log. A log shall be maintained for all pre-prepared meals being transported into the facility. The log shall be retained for a minimum of four months. The log shall include the date, time of arrival, quantity and types of food, verification by recipient of condition of food, verification by recipient of adequate temperatures of food, and the name and signature of recipient.

2. Written permission slips for all food-related activities, such as special occasions and learning activities, which include food consumption.

(d)(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.

(e)(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 and followed. 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.

(f)(d) Meal and snack menus shall be planned, written, dated, 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. All meals and snacks prepared outside of the facility’s kitchen or designated food preparation area, such as catered food, must be listed along with the source of the prepared food. Daily meal and snack menus shall be maintained for a minimum of four 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) Infant Formula and Food.

1. Formula and breast milk must be handled in a sanitary manner at all times and according to manufacturer’s instructions and instructions by parent. All formulas and food brought from home shall be labeled with the child’s first and last name. Bottles of formula prepared from powder or concentrate ready–to-feed formula must be labeled with the time and date the bottle was prepared. Frozen breast milk shall be dated when expressed. Breast milk provided for a specific infant by a parent or guardian shall not be fed to other children. Prepared bottles shall be placed immediately in the refrigerator and used within 48 hours.

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

b. Due to extreme risk of choking, solid foods including cereal, shall not be given in bottles or with infant feeders to children with normal eating abilities unless authorized by a physician.

2. Bottle warming. For optimum digestion, formula is to be served at body temperature.

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

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

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

d. Once milk has been warmed, it shall not be re-warmed or returned to the refrigerator. All milk remaining in bottles after feeding shall be discarded within one hour after serving an infant.

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

(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 prepared and used continuously throughout the day or brought from home shall be individually labeled with the child’s first and last name. Sippy cups and bottles brought from home shall be returned to the custodial parent or legal guardian daily.

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

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

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

65C-22.006 Record Keeping.

(1) through (2) No change.

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

(a) through (c) No change.

1. No change.

2. No change.

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

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

5.4. Prior to beginning volunteering in a child care facility, a CF-FSP 5217, July 2012 March 2009, Volunteer Affidavit, which is incorporated by reference, and may be obtained from the department’s website www.myflorida.com/childcare, must be completed and on file at the child care facility for the volunteer.

(4) No change.

(a) through (c) No change.

(d) Initial Screening. Screening information must be documented on CF-FSP Form 5131, July 2012 March 2009, 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. No change.

3. CF Form 1649A, July 2012 January 2007, Child Care Affidavit Attestation of Good Moral Character, which is incorporated by reference, must be completed for all child care personnel at time of initial screening or upon a change in employers annually or in accordance with the local licensing authority. A copy of the 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 years, at which time a statewide re-screen must be conducted in the same manner as the initial screening.

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.

3. CF Form1649A Child Care Attestation of Good Moral Character must be completed for all child care personnel annually. A copy of the CF 1649A may be obtained from the department’s website at www.myflorida.com/childcare.

2.4. Re-screening. Re-screening information for all child care personnel must be documented on CF-FSP Form 5131 July 2012 March 2009, Background Screening and Personnel File Requirements.

3.5. 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.

4.6. Break In Employment. Child care personnel must be re-screened as outlined in paragraph (4)(d) above following a break in employment in the child care industry that exceeds 90 days.

5.7. 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 year re-screen has come due during the leave of absence.

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

(g) No change.

(5) No change.

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

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

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

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

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

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

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

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

(j) Record for each child receiving medication must be maintained for a minimum of four months after the last day the child received the dosage as referenced in paragraph 65C-22.005(3)(f) 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-22.006(1)(e) 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-22.006(1)(e) 65C-22.005(1)(c), F.A.C.

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

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

(o) Copy of license or permit for caterers, if applicable.

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

65C-22.007 Evening Child Care.

(1) Hours of Care. Evening Child Care, as defined in Section 402.302(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 sSections 402.301 through 402.305, F.S., and Rules 65C-22.001 through 65C-22.007 65C-22.006, F.A.C., apply to Evening Child Care with the following exceptions:

(a) No change.

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

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

65C-22.008 School Age Child Care.

(1) No change.

(a) No change.

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

(2) No change.

(a) through (b) No change.

(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 Sections 402.305 and 402.3055, F.S.:

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 only activities that are strictly instructional or tutorial/academic in nature. These programs cannot provide any services extend beyond its regular the instructional and tutorial/academic activities, of that program and cannot serve or prepare meals. The program may choose to provide drinks, snacks, and 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. No change.

a. through c. No change.

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

4. No change.

(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, July 2012 March 2009, Application for a License to Operate a Child Care Facility, which is incorporated by reference. CF-FSP Form 5017 may be obtained from the department’s website at www.myflorida.com/childcare.

1. No change.

2. The completed CF-FSP Form 5017 must be signed by the individual owner, or prospective owner, or director, 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. No change.

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

(e) No change.

(3) No change.

(a) through (c) No change.

1. through 4. No change.

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

(d) No change.

(e) No change.

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 and equipment of the facility are free from fire hazards, such as lint and dust build up in heating and air vents, filters, exhaust fans, ceiling fans, and dryer vents; and grease build up in ovens, stoves, and food equipment.

2. through 5. No change.

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. Animals are prohibited in areas where food is prepared. If animals or birds are kept in classrooms as pets, they shall be caged away from the food storage and preparation or service area, and cages kept clean.

7. Pursuant to Chapter 386, F.S., smoking is prohibited within the school-age child care facility, all outdoor 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. The facility must provide current written approval from the local governing body to verify compliance with building and plumbing requirements.

(f) through (g) No change.

(h) Restrooms Toilet and Bath Facilities.

1. through 5. No change.

(i) No change.

1. No change.

2. Usable indoor floor space refers to that space available for indoor play, classroom, work area, or nap area space. To determine overall facility capacity, uUsable 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 and designated food preparation areas, 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 to determine total facility capacity. Each room routinely used as classroom must provide the minimum square footage per child defined in paragraph (i)1., above.

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. through b. No change.

4. through 5. No change.

(j) No change.

(k) Health and Sanitation.

1. No change.

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

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

3. No change.

4. Warewashing and Sanitization. For facilities that prepare food, non-disposable food equipment, tableware, and utensils utilized for food preparation and food consumption shall be properly cleaned by pre-rinsing or scraping, washing, rinsing, sanitizing, and air drying. If the school-age child care facility lacks adequate warewashing and sanitation described in this section for dishes, equipment, and utensils, only disposable single-use items may be used. All single service items must be discarded after each use. Food equipment, tableware, and utensils used to prepare food must be washed and sanitized on-site, except when a caterer is used and the caterer is responsible for warewashing as evidenced by a written agreement. Warewashing and sanitation must be accomplished by one of the following: 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.

a. A dishwasher with a sanitizing cycle.

(I) The dishwasher must use heat or chemical injection for sanitization.

(II) If chemical sanitization is used, the wash water temperature must be set at a minimum of 120 degrees Fahrenheit and the rinse water must be a minimum of 75 degrees Fahrenheit.

(III) Automatic sanitizing dispenser must be properly installed and maintained.

(IV) A test kit or other device that accurately measures the concentration of the sanitizing solution must be available and used to confirm appropriate concentration of solution during one full cycle per day at minimum.

(V) If hot water is used for sanitization, the dishwasher must achieve a temperature of 160 degrees Fahrenheit on the surface of equipment/dishes/utensils being washed.

(VI) The facility must have a means for measuring the required temperature either by an irreversible registering temperature indicator (heat strip) or an external temperature display built into the machine;

(I) The first compartment must be used for washing, the second compartment must be used for rinsing, and the third compartment must be used for sanitizing.

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

(III) A test kit or other device that accurately measures the concentration of the sanitizing solution must be available and used to confirm appropriate concentration of solution during each use.

(IV) If hot water is used for sanitizing, equipment/dishes/utensils must be immersed for a period of at least one-half minute in hot water at a temperature of 170 degrees Fahrenheit or above;

5. Food handling.

a. Milk and food shall not sit out for longer than 15 minutes prior to the beginning of the meal to avoid contamination and spoilage.

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

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

(l) No change.

1. No change.

a. through b. No change.

c. Facilities shall provide sufficient age-appropriate seating at meal and snack time.

2. No change.

(m) No change.

1. through 2. No change.

a. through b. No change.

c. At least one 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. If the first aid kit is stored in the food preparation area it shall be stored in a manner to prevent contamination of food, food contact surfaces, or first aid supplies. Each kit must at a minimum include:

(I) Soap, (to be used with water) and or hand sanitizer (for use when water may not be available),

(II) through (XI) No change.

3. through 4. No change.

a. through f. No change.

g. All medicine must have child resistant caps, if applicable, and shall either be stored in a locked area or must be inaccessible and out of a child’s reach. If medication is stored in the food preparation area it must be stored in a manner to prevent contamination of food, food contact surfaces, or medication.

h. No change.

(n) through (p) No change.

1. If a school-age child care program provides chooses to supply food to children in care, it shall provide nutritious meals and snacks of a quantity and quality to meet the daily nutritional needs of the children. The USDA MyPlate My Pyramid, June 2011 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 and older. Using the USDA MyPlate My Pyramid, breakfast shall consist of at least three different food groups, lunch and dinner shall consist of at least four different food groups, and snacks shall consist of at least two different food groups. The categories “oils” and “discretionary calories” may not be considered food groups. Copies of the USDA MyPlate My Pyramid may be obtained from the USDA website at http://www.choosemyplate.gov www.mypyramid.gov.

2. If a facility chooses to provide food to children in care, directly or by contract with an outside source such as a caterer, the food must be in sound condition, free from spoilage and contamination and safe for human consumption, and must be stored and handled in a sanitary manner at all times. The facility must have adequate equipment available to maintain food safety.

a. Meat, poultry, fish, dairy products, and processed foods shall have been inspected under the United States Department of Agriculture requirements.

b. No raw milk or unpasteurized juice may be served without the written consent of the parent or legal guardian.

c. No home-canned food.

d. No home grown eggs may be served.

e. No recalled food products may be served.

f. All raw fruits and vegetables shall be washed thoroughly before being served or cooked.

g. To prevent food from becoming potentially hazardous, hot foods shall be maintained at a temperature of 135 degrees Fahrenheit or above, and cold foods shall be maintained at a temperature of 40 degrees Fahrenheit or below. The facility must supply adequate equipment to maintain temperature requirements.

h. Foods that comprise meals included on a facility’s menu may not be prepared or partially prepared outside of the facility unless prepared by a caterer or a licensed child care facility under the same ownership that includes a food preparation area that meets licensing standards.

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

Food	Minimum Internal Temperature
Fruits, Vegetables, Grains, and Legumes	135oF
Roasts (Beef, Pork and Ham)	145oF
Fish	145oF
Eggs to be served immediately	145oF (whites and yolks are firm)
Eggs cooked and held for service	155oF
Ground meat	155oF
Poultry whole, parts, or ground	165oF
Leftovers	165oF
Foods cooked in microwave	165oF
Sauces, gravy, soups	165oF

3. If a facility chooses to provide or make available food to children in care from an outside source such as a caterer, or as the result of a learning activity provided by a child care program, such as a garden, it is the responsibility of the provider to ensure all food intended for consumption by a child in care be in sound condition, free from spoilage, and contamination and safe for human consumption. The following documentation shall be maintained by the provider:

a. Food Acceptance Log. A log shall be maintained for all pre-prepared meals being transported into the facility. The log shall be retained for a minimum of four months. The log shall include the date, time of arrival, quantity and types of food, verification by recipient of condition of food, verification by recipient of adequate temperatures of food, and the name and signature of recipient.

b. Written permission slips for all food-related activities, such as special occasion and learning activities which include food consumption.

4.2. 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.

5.3. 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 and followed. If the custodial 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.

6.4. Meal and snack menus shall be planned, written, dated, and posted at the beginning of each week in a conspicuous place accessible to parents. 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. All meals and snacks prepared outside of the facility’s kitchen or designated food preparation area, such as catered food, must be listed along with the source of the prepared food. Daily meal and snack menus shall be maintained for a minimum of four 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) Food Preparation Area. A food preparation area is a designated room, such as a kitchen, or a designated space in a facility not used in normal day-to-day operations – such as that available for indoor play, classroom, work, or nap spaces – and not included when calculating usable indoor floor space. A food preparation area is required for facilities that choose to prepare food in a manner consistent with the definition of “preparation of food” in paragraph 65C-22.002(1)(c), F.A.C.

1. The food preparation area must include the following:

a. Ventilation provided either by mechanical or natural means to provide fresh air and control of unpleasant odors.

b. Smooth, nonabsorbent food contact surfaces with no unsealed cracks or seams. Food-contact surfaces are surfaces of equipment, countertops, utensils, etc. that food comes into contact during food preparation.

c. Food equipment maintained and stored in a sanitary manner and out of the reach of children.

d. Shielded lighting.

e. Nonabsorbent and easily-cleaned flooring and floor covering.

f. Nonabsorbent walls and ceilings by means of surface material or applied coating/sealant.

g. A separate hand washing station with hot running water a minimum of 100 degrees Fahrenheit. A hand washing station must include a sink with running water and drainage, soap, trash receptacle, and disposable towels or hand drying machines that are properly installed and maintained. Hand washing stations must include posted signs visible to employees and children demonstrating proper hand washing technique. Portable sinks may not be used for warewashing or food preparation. If a portable sink is used for hand washing in the food preparation area, hot water must be provided.

h. Leakproof, nonabsorbent containers, covered with a tight fitting lid, for all food waste stored inside the facility. The container shall be emptied, cleaned and sanitized or disinfected at least daily.

i. The food preparation area must be clean and free of dust, dirt, food particles, and grease deposits.

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

3. For safety, children shall not be present in the food preparation area when meals and snacks are prepared.

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.

(r) Food Service. Food Storage. Facilities choosing to prepare food must have a designated space for food storage within the designated food preparation area or in a room not calculated as part of indoor floor space, and in an area not used for diapering. Off-site food storage is permissible only if site of storage is a licensed child care facility under the same ownership that includes a food preparation area that meets licensing standards.

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

2. Food must be consumed or discarded on or before the expiration dates listed by the manufacturer.

3. Poisonous/toxic or cleaning products must be stored separately from food.

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

5. Opened packages of dried goods must be properly covered/sealed, properly stored, and discarded according to the manufacturer’s recommended date or if the quality of the goods has been compromised.

6. Refrigerators/freezers.

a. An accurate thermometer must be inside each refrigeration unit used to verify adequate cold storage temperature.

b. Food may be frozen prior to the expiration date but when thawed it must be labeled with the date it was removed from the freezer and discarded within seven calendar days.

c. Frozen food must be labeled by date and type noted below and stored according to the following table:

Food Item	Months
Bacon and sausage	1 to 2 months
Casseroles	2 to 3 months
Frozen dinner and entrees	3 to 4 months
Ham, hot dogs, lunchmeats	1 to 2 months
Meat, uncooked	4 to 12 months
Meat, uncooked ground	3 to 4 months
Meat, cooked	2 to 3 months
Poultry, cooked	4 months
Soups and stews	2 to 3 months

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) No change.

1. through 2. No change.

3. The child care facility must properly maintain fire extinguishers with a minimum rating of 2A10BC at all times. All staff shall be trained in the use and operation of a fire extinguisher. Travel distance to the nearest extinguisher shall not be more than 50 feet from rooms occupied by children. A fire extinguisher must be present in a kitchen.

4. No change.

5. During the facility’s operating licensure year, fire drills shall be conducted monthly a minimum of 10 times and be conducted at various dates and times when children are in care, 30 days and shall not occur less than apart. 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), and facilitating parent/guardian reunification. The plan shall describe how the facility will meet the needs of all children, including children with special needs, during and following an emergency event,

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

10. through 12. No change.

13. Automatic range-top fire suppression systems are required in the kitchen for facilities that produce steam or grease laden vapors or shallow fry or deep fry food. Documentation of an approved annual inspection of the suppression system per the Fire Prevention Code is required by local fire safety authority.

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

(t) No change.

1. through 11. No change.

12. No change.

a. 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 must include alternate activities in case of inclement weather, and include scheduled activities that:

(I) Promote emotional, social, intellectual and physical growth. If television, videos, movies, and/or computer games are used, they shall be limited to a maximum combined total of two hours per day or the length of a movie if more than two (2) hours in length.

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

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

b. No change.

(u) No change.

1. through 2. No change.

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

a. through c. No change.

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

(II) through (III) No change.

4. No change.

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

b. No change.

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

d. Prior to beginning volunteering in a school-age program, a CF-FSP 5217, July 2012 March 2009, Volunteer Affidavit, which is incorporated by reference, and may be obtained from the department’s website www.myflorida.com/childcare, must completed and on file at the facility for the volunteer.

e. Initial Screening. Screening information must be documented on CF-FSP Form 5131, Background Screening and Personnel File Requirements, which is incorporated by reference in paragraph 65C-22.007(4)(d) 65C-22.006(4)(d), F.A.C. 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) No change.

(III) CF Form 1649A, July 2012 January 2007, Child Care Affidavit Attestation of Good Moral Character, which is incorporated by reference, must be completed for all child care personnel at time of initial screening or upon a change in employers annually. CF Form 1649A may be obtained from the department’s website at www.myflorida.com/childcare.

f. Re-Screening. A screening conducted under this rule is valid for five years, at which time a statewide re-screen must be conducted in the same manner as the initial screening.

(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, 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 1649A may be obtained from the department’s website at www.myflorida.com/childcare.

(II)(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.

g. through h. No change.

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

j. No change.

5. No change.

a. through h. No change.

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 (3)(p)5.3., above.

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 (3)(p)5.3., above.

k. Daily meal and snack menus, including meal substitutions. Must be maintained for four months as referenced in subparagraph (3)(p)6.4., above.

(4) No change.

(a) No change.

1. through 2. No change.

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

4. through 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. This requirement can be met by either instructor-led or online training. Foster grandparents must begin training within 30 days of working in the child care industry in any licensed Florida child care facility. Training must be completed within one (1) year from the date of working in the child care industry in any licensed Florida child care 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) 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. School Age-Appropriate Practices (10 hours).; and

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).

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

7. In the event an individual leaves Child care personnel who left the child care industry in compliance with the training requirements described in this section, and upon 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 established during the gap in employment in the child care industry. Completion of such training may be counted toward the in-service training requirement.

8. In the event an individual leaves Child care personnel 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 may have been established 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) No change.

1. A copy of the CF-FSP Form 5267 until October 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 October 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 October 1, 2010, to be documented on the individual’s Training Transcript.

3.4. As of October 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 clock-hour early literacy and language development of children from birth to five years of age, under paragraph 65C-22.004(2)(b) 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-22.004(7) 65C-22.003(7), F.A.C.

(g) No change.

1. Competency Examination Exemptions. Child care personnel have one opportunity, if they choose, to exempt from one 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. No change.

(h) No change.

1. Upon successful completion of the 40-hr introductory training requirements, as referenced in paragraph 65C-22.009(4)(c), F.A.C., 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 t. No change.

u. Food safety training;

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

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

4. 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.

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

a. through e. No change.

2. No change.

a. through b. No change.

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

d. No change.

3. through 4. No change.

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

65C-22.009 Gold Seal Quality Care Program.

(1) No change.

(a) through (c) No change.

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

1. through 2. No change.

3. “Nationally Recognized” refers to an association whose accrediting body is recognized and is actively issuing accreditation certificates in at least five states at the time of approval.

(2) No change.

(a) through (b) No change.

1. No change.

2. If a provider’s Gold Seal Quality Care designation is revoked by the department, the Gold Seal Quality Care designation will be terminated effective on the date of revocation. The effective date of a termination of a provider’s Gold Seal Quality Care designation is the date of the department’s written notification to the provider.

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

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

(3) No change.

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

65C-22.010 Enforcement.

(1) No change.

(a) through (c) No change.

(d) No change.

1. “Class I Violation” is an incident of noncompliance with a Class I standard as described on CF-FSP Form 5316, July 2012 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,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Deborah Russo

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David E. Wilkins

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 19, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011, Vol. 37/51 (original notice) February 3, 2012 Vol. 38/05 (second notice)

Document Information

Comments Open:: 7/20/2012
Summary:: The proposed rule amends several rules within chapter 65C-22 regarding food preparation, food service, and food storage in child care facilities licensed by the Department. It will also revise language concerning indoor square footage; background screening standards; procedures related to fire safety and parental notification following an emergency; planned activity schedules; updated crib safety standards; updated topics acceptable to meet continuing education requirements; and afterschool ...
Purpose:: Chapter 2010-161 sections 17 & 18, Laws of Florida eliminated the Department of Health’s authority to license and inspect food preparation and food service in child care facilities. The legislation effectively requires the Department to assume responsibility for food hygiene in licensed child care facilities. The Department adopted an emergency rule to provide temporary standards for food preparation and food service similar to those previously administered by the Department of Health, but a ...
Rulemaking Authority:: 402.305 FS.
Law:: 402.305 FS.
Contact:: Dinah Gallon (850) 488-4900 The Department will receive comments through close of business September 7, 2012. Comments may be sent to the following email address: dinah_gallon@dcf.state.fl.us
Related Rules: (10): 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; More ...