General Information, Definitions, Physical Environment, Training, Health Related Requirements, Food and Nutrition, Record Keeping, Evening Child Care, Gold Seal Quality Care Program, Enforcement
DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NOS.:RULE TITLES:
65C-22.001General Information
65C-22.0011Definitions
65C-22.002Physical Environment
65C-22.003Training
65C-22.004Health Related Requirements
65C-22.005Food and Nutrition
65C-22.006Record Keeping
65C-22.007Evening Child Care
65C-22.009Gold Seal Quality Care Program
65C-22.010Enforcement
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 120, June 21, 2017 issue of the Florida Administrative Register.
In response to comments and recommendations from the Joint Administrative Procedures Committee, the Department of Children and Families has updated the following forms:
CF-FSP 1649A, Child Care Attestation of Good Moral Character
CF-FSP 5017, Application for a License to Operate a Child Care Facility
CF-FSP 5219 Child Care Application for Enrollment
CF-FSP 5290, Florida Child Care Director Credential and Renewal Application
CF-FSP 5316 Child Care Facility Standards Classification Summary
CF-FSP 5420 Reconciliation of 2012 and 2017 Child Care Facility Classification Summaries
Child Care Facility Handbook
A copy of the updated forms can be obtained by contacting Cindy Campbell at 1317 Winewood Blvd. Building 6, 3rd Floor, Room 386, Tallahassee, FL 32399, by phone at (850)717-4536, or by email at cynthia.campbell@myflfamilies.com.
65C-22.001 General Requirements.
(1) Application.
(a) through (c) No change.
(d) A completed CF-FSP Form 5017 for renewal of an annual license must be submitted to the licensing authority at least 45 days prior to the expiration date of the current license to ensure that a lapse of licensure does not occur. Failure to submit a completed CF-FSP Form 5017 at least 45 days prior to the expiration date of the current license constitutes a licensing violation as defined in paragraph 65C-22.010(2)(c)(d), F.A.C.
(2) No change.
(a) No change.
1. No change.
2. Consult with the licensing authority to verify that the required outdoor play space, required by section 3.4.4, B of the Child Care Facility Handbook subsection 65C-22.002(4), F.A.C., does not exist or cannot be made available. Urban designation will not be granted if the licensing authority determines space for an outdoor play area is available. Outdoor play space is “available” if appropriate space:
a. through b. No change.
(b) through (c) No change.
(3) No change.
(a) through (d) No change.
(4) No change.
(a) At least one week prior to changing ownership of a child care facility, in compliance with Section 402.305(18), F.S., one of the following methods of notification to custodial parents or legal guardians must be observed:
1. Posting a notice in a conspicuous location at the facility;
2. Incorporating information into an existing newsletter; or
3. Distribute iIndividual letters or flyers.
(b) No change.
(5) No change.
(a) Children that are delivered to a location offsite from the facility by someone other than the parent or guardian become the responsibility of the child care program at that Child care personnel are responsible for picking up a child from a designated location and time as agreed upon by the provider and the parent/guardian. The provider is responsible for the supervision of the child upon the child’s arrival at the designated point. If a child is not present at the time of pick-up, prior to leaving the designated location, child care personnel must verify the whereabouts of the child.
(b) No change.
(6) Child Care Standards. Child care programs must follow the standards found in the “Child Care Facility Licensing Handbook”, (insert date), incorporated herein by reference. The handbook may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link (insert link).
(7) Definitions for terms used in this rule are contained in the “Child Care Licensing Handbook”.
(7)(8) The following documents and forms are also incorporated by reference as part of this rule:
(a) CF Form 1649A, (insert date), Child Care Affidavit Attestation of Good Moral Character. A copy may be obtained from the following link: (insert link) .
(b) through (u) No change.
(v) Caring for Our Children Basics, Health and Safety Foundations for Early Care and Education, June 2015. A copy may be obtained from the following link: (insert link)
(w) Federal Crib Standards, 2014. A copy may be obtained from the following link: (insert link)
Rulemaking Authority 402.305, 402.309, 402.310, FS. Law Implemented 402.305, 402.309, 402.319, 402.3054, 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. 8-1-13. [ New Date]
65C-22.0011 Definitions.
No change.
65C-22.002 Physical Environment.
No change.
65C-22.003 Training.
No change.
65C-22.004 Health Related Requirements.
No change.
65C-22.005 Food and Nutrition.
No change.
65C-22.006 Record Keeping.
No change.
65C-22.007 Evening Child Care.
(1) No change.
(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)(b)(a), F.A.C., must be provided. When children are sleeping, supervision, as defined in section 2.4.2 of the Child Care Facility Handbook paragraph 65C-22.001(5)(b), F.A.C., is required.
(3) Exemptions. Child care standards, as outlined in Sections 402.301 through 402.305, F.S., and Rules 65C-22.001 through 65C-22.006, F.A.C., apply to Evening Child Care with the following exceptions:
(a) Outdoor Play Area. For facilities that provide only evening child care, outdoor play space is not required. An open area within the existing indoor floor space designated for play that promotes the development of gross motor skills must be available.
(b) through (c) No change.
65C-22.009 Gold Seal Quality Care Program.
(1) Definitions.
(a) “Class I Violation” has the same meaning as provided for the same term in paragraph 65C-22.010(2)(1)(d)1, F.A.C.
(b) “Class II Violation” has the same meaning as provided for the same term in paragraph 65C-22.010(2)(1) (d)2, F.A.C.
(c) “Class III Violation” has the same meaning as provided for the same term in paragraph 65C-22.010(2)(1)(d)3, F.A.C.
(d) through (f) No change.
(2) through (4) No change.
65C-22.010 Enforcement. This rule establishes the grounds under which the Department shallmay issue an administrative fine, deny, suspend, revoke a license or registration or place a licensee or registrant on probation status as well as uniform system of procedures to impose disciplinary sanctions.
(1) Definitions.
(a) through (c) No change.
(d) “Technical Assistance” means a Ddepartment offer of assistance to a licensee or registrant to correct the statutory or regulatory violations.
(e) No change.
1. No change.
2. “Class II Violation” is an incident of noncompliance with an individual Class II standard as described on CF-FSP Form 5316. Class II violations are less serious in nature than Class I violations.
3. No change.
(2) Disciplinary Sanctions.
(a) Enforcement of disciplinary sanctions for all Class I violations and for repeated Class II and Class III violations shall be applied progressively for each standard violation. The document entitled, Reconciliation of 2012 and 2017 Child Care Facility Classification Summaries, CF-FSP Form 5420, August 2017, which is incorporated into this rule, provides an alignment of the 2012 and 2017 Child Care Facility Classification Summaries for purposes of progressive enforcement. In addition, providers will be offered technical assistance in conjunction with all violations. The classification of standard violations within the Child Care Facility Standards Classification Summary and the progressive disciplinary actions prescribed for each class by this rule are based on the provisions of section 402.310(1)(b), F.S.
(b) A grace period is provided, wherein a violation of a standard that has occurred more than two years prior to a subsequent violation of the same standard will not be counted for purposes of progressive discipline. However, for the purposes of continued licensure or registration, the program’s violation history will be considered. A violation that has been withdrawn by the Department or has been dismissed as the result of an administrative proceeding held pursuant to Chapter 120, Florida Statutes, contesting an administrative complaint will not be counted for purposes of progressive discipline. A violation that is only reflected in an inspection report does not relieve the Department of its burden to prove that violation for purposes of progressive discipline upon the alleged occurrence of a subsequent violation.
(c) No change.
(d) Disciplinary sanctions for licensing violations shall be progressively enforced as follows:
1. No change.
a. through b. No change.
2. Class II Violations.
a. through c. No change.
d. For the fifth and subsequent violation of the same Class II standard, the Department shall suspend, deny, or revoke the license, and shall also impose an administrative fine of $100 per day for each such violation. However, for a fifth violation of a Children’s Health and/or Immunization standard, the Department will not place the provider’s license on probation status.
(3) No change.
