To consolidate the text of Rules 60L-38.003, 60L-38.004 and 60L-38.005, F.A.C., into Rule 60L-38.002, F.A.C., as similar rules on the same topic from the same chapter.

 

DEPARTMENT OF MANAGEMENT SERVICES

Personnel Management System

RULE NO.: RULE TITLE:

60L-38.002 General Responsibilities

60L-38.003 Procedures for Coordination of Child Care Services Requests

60L-38.004 Criteria for Establishment of Child Care Centers

60L-38.005 Responsibilities of Service Providers

PURPOSE AND EFFECT: To consolidate the text of Rules 60L-38.003, 60L-38.004 and 60L-38.005, F.A.C., into Rule 60L-38.002, F.A.C., as similar rules on the same topic from the same chapter.

SUMMARY: Rule 60L-38.002, F.A.C., is amended and Rules 60L-38.003, 60L-38.004 and 60L-38.005, F.A.C. are proposed for repeal.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The economic review conducted 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: 110.151(8) FS.

LAW IMPLEMENTED: 110.151 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, January 24, 2017, 2:00 p.m. until completed but no later than 5:00 p.m.

PLACE: 4050 Esplanade Way, Tallahassee, Florida, Room 101

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: Michael A. Greif, Department of Management Services, 4050 Esplanade Way, Tallahassee, FL 32399, [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: Marian Deadwiley, [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

60L-38.002 Child Care Services General Responsibilities.

(1) Agencies requesting the establishment of work-site centers shall submit a written plan to the Department for approval. This plan shall contain the results of a feasibility study showing the following:

(a) Number and ages of preschool children identified in target area.

(b) Number of employees indicating utilization of proposed center.

(c) Description of proposed child care space as to location, square footage, and suitability to purpose.

(d) Number of existing preschool centers in the target area with their licensed capacity and enrollment.

(e) Estimated start-up and operational costs of proposed center.

(2) The Department shall respond to each agency’s request by outlining its findings based on established criteria and, if the plan is approved, in accordance with Rule 60L-38.004, F.A.C., of this chapter, recommend a step-by-step procedure for establishing a child care center.

(3) The following criteria shall be used in reviewing agency requests for the establishment of state-sponsored child care centers:

(a) Concentration of state employees in the area equal to a population density of at least 4 employees with preschool children for each projected child care slot.

(b) Number of employees indicating at least a 25% utilization of the center by the preschool children in the target area.

(c) Adequate and appropriate space for child care purposes which conforms to state physical facility standards described in Chapter 65C-22, F.A.C.

(d) Nonavailability or inadequacy of community-provided services in the area.

(1) through (5) renumbered (4) through (8) No change.

(9) The service provider shall be responsible for providing quality physical care and developmental activities appropriate to the ages of the children enrolled in the center; selecting and managing staff assigned to the center; and managing the budget and daily operations of the center.

(10) The service provider shall be responsible for enrolling children of state employees in accordance with the enrollment policy of the sponsoring agency, pertaining to eligibility and procedures.

(11) Upon enrollment, the service provider shall furnish state employees with forms for payroll deduction. Payroll deduction shall be made in such a manner that a full month’s payment is deducted for employees paid monthly or 26 payments are deducted for employees paid bi-weekly.

(12) The service provider shall ensure that parents, the public, and representatives of the using agencies have reasonable access to the center for purposes of visitation and observation.

(13) The service provider shall be responsible for requirements set forth in the request for proposal for the operation of the center.

Rulemaking Authority 110.151(8) FS. Law Implemented 110.151 FS. History–New 1-1-02, Amended               .

 

60L-38.003 Procedures for Coordination of Child Care Services Requests.

Rulemaking Authority 110.151(8) FS. Law Implemented 110.151 FS. History–New 1-1-02, Repealed              .

 

60L-38.004 Criteria for Establishment of Child Care Centers.

Rulemaking Authority 110.151(8) FS. Law Implemented 110.151 FS. History–New 1-1-02, Repealed                 .

 

60L-38.005 Responsibilities of Service Providers.

Rulemaking Authority 110.151(8) FS. Law Implemented 110.151 FS. History–New 1-1-02, Repealed                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sharon Larson, Director, Division of Human Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell, Secretary, Department of Management Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 28, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 30, 2016