Chapter 2010-114, section 23, Laws of Florida, amended section 409.175(2)(k), Florida Statutes, to require summer camp employees to complete level 2 screening. Since enactment, there has been public concern with summer camp compliance with the law. ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-39.001Summer Camp Background Screening Requirements

PURPOSE AND EFFECT: Chapter 2010-114, section 23, Laws of Florida, amended section 409.175(2)(k), Florida Statutes, to require summer camp employees to complete level 2 screening. Since enactment, there has been public concern with summer camp compliance with the law. The Department has the authority to write rule under s. 409.175, F. S. The development of this rule is intended to help ensure summer camp personnel complete required screening. The new rule will require summer camp operators to utilize a web portal the Department will provide at no charge. This will provide a data base system from which information is easily retrievable and trackable.

SUMMARY: The proposed rule establishes background screening requirements for individuals working in Summer Camp programs that corresponds with s. 409.175, F.S. The new rule provides guidance regarding how background screening records are processed and managed.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

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

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: 409.175

LAW IMPLEMENTED: Chapter 2010-114 section 23, Laws of Florida

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: 1. September 26, 2013, 2:00p.m. - 4:00 p.m.

2. October 2, 2013, 9:00a.m. - 11:00 a.m.

PLACE: 1. Institute of Early Childhood Professionals, 8413 Laurel Fair Circle, Suite 100, Tampa, Florida 33610

2. 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 Regulation and Background Screening Program Office, 1317 Winewood Boulevard, Building 6, 3rd Floor, Tallahassee, Florida 32399-0700, [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dinah Davis; [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Summer Camp Program Standards

 

65C-39.001 Summer Camp Background Screening Requirements.

(1) Definitions

The following terms used in this rule are defined in Section 409.175, F.S.: summer day camp; summer 24-hour camp; screening; personnel.

(2) Screening Requirements.

(a) Screening is required for all personnel who work in summer day camps or summer 24-hour camps when children are present. Screening must meet level 2 screening requirements described in Section 435.04, F.S. Screening includes:

1. Completion of CF Form 1649A, July 2012, Child Care Affidavit of Good Moral Character, prior to commencing work with children, and after a 90 day break in service. CF-Form 1649A is incorporated by reference and a copy of this form may be obtained from the department’s website: www.myflorida.com/childcare or from the following link________.

2. Fingerprinting for statewide criminal history records check and national criminal history record checks. Fingerprints must be submitted electronically to the Department of Law Enforcement. Visit the Department’s website www.dcf.state.fl.us/programs/backgroundscreening/for a list of FDLE approved Live Scan vendors for fingerprinting.

(b) Personnel who experience a break in service of 90 days or more must be rescreened in accordance with level 2 screening in Section 435.04, F.S.

(c) A five-year level 2 rescreening is required for all personnel covered by this rule.

(3) Screening Process.

Summer Camp and summer 24-hour camp owners and/or operators must utilize the Department’s background screening website www.dcf.state.fl.us/programs/backgroundscreening/ to obtain instructions on how to complete background screening, to view the listing of FDLE registered live scan vendors, and to obtain background screening clearance results. The operation of this website will become obsolete in the future when the Department becomes a part of the Care Provider Background Screening Clearinghouse pursuant to Section 435.12, F.S.

(4) Records

Summer day camps and summer 24-hour camps must maintain personnel records on-site, and such records must be available for department inspection during the hours of operation. Camps must provide copies of screening documentation to the department upon request. Maintaining personnel records electronically is acceptable.

(5) Enforcement of Screening Requirements.

(a)The department will respond to allegations regarding failure of a summer camp to comply with background screening requirements by conducting an onsite investigation.

(b)The department may petition the circuit court for an injunction prohibiting the operation of a camp whose personnel have not completed screening. The department may refer an owner or operator who willfully fails to comply with screening requirements to the state attorney for prosecution.

(6) Summer Camp Listing. All Summer Camp programs are encouraged to utilize the summer camp listing, available through the Department’s website at: www.myflorida.com/childcare. The summer camp listing will assist the Department in identifying summer camps, provide free advertisement to summer camps, and provide a tool for parents seeking summer camp programs that are aware of screening requirements.

Rulemaking Authority 409.175 FS. Law Implemented 409.175 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Deborah Russo

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Suzanne Vitale for Interim Secretary Jacobo

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 23, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 30, 2013, Vol. 39/84