The Department intends to amend rules 65C-22.001, .008, and .010, F.A.C., to add provisions related to the Child Safety Alarm Act, Chapter 2021-120, Laws of Florida. Section 402.305, F.S., was amended by the 2021 legislature ....

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-22.001General Requirements

65C-22.008School Age Child Care

65C-22.010Enforcement

PURPOSE AND EFFECT: The Department intends to amend Rules 65C-22.001, .008, and .010, F.A.C., to add provisions related to the Child Safety Alarm Act, Chapter 2021-120, Laws of Florida. Section 402.305, F.S., was amended by the 2021 legislature wherein provisions were added requiring the Department to adopt by rule minimum safety standards for vehicle alarm systems.

SUMMARY: The amendments add provisions regarding vehicle alarm systems in the Child Care Facility Handbook and the School-Age Child Care Facility Handbook, as well as the corresponding Child Care Facility Standards Classification Summary and School-Age Child Care Facility Standards Classification Summary.

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 Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

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, 402.309, 402.310 F.S.

LAW IMPLEMENTED: 402.305, 402.309, 402.310, 402.319, 402.3054, 402.3055, 402.308, 402.310 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

65C-22.001 General Requirements.

(1) through (5) No change.

(6) Child Care Standards. Child care programs must follow the standards found in the “Child Care Facility Handbook,” October 2021 May 2019, incorporated herein by reference. The handbook may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 11491.

(7) No change.

(8) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.

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, 10-25-17, 1-29-20. Amended____

65C-22.008 School Age Child Care.

(1) through (4) No change.

(5) School-Age Child Care Standards. School age child care programs must follow the standards found in the School-Age Child Care Facility Handbook, October 2021 May 2019, incorporated herein by reference. The handbook may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 10481.

(6) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.

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, 8-1-13, 3-30-17, 6-12-19. Amended____

65C-22.010 Enforcement.

This rule establishes the grounds under which the Department shall 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 (d) No change.

(e) “Violation” means noncompliance with a licensing standard as described in an inspection report resulting from an inspection under Section 402.311, F.S., as follows with regard to Class I, Class II, and Class III Violations.

1. “Class I Violation” is an incident of noncompliance with a Class I standard as described on CF-FSP Form 5316, October 2021 May 2019 Child Care Facility Standards Classification Summary and CF-FSP Form 5427, October 2021 May 2019, School-Age Child Care Facility Standards Classification Summary, which are incorporated by reference. Copies of the CF-FSP Form 5316 and CF-FSP Form 5427 may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following links: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 10471 and http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX 10473. However, any violation of a Class II standard that results in death or serious harm to a child shall escalate to a Class I violation. 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. However, any violation of a Class II standard that results in death or serious harm to a child shall escalate to a Class I violation. Class I violations are the most serious in nature.

2. through 3. No change.

(2) through (3) No change.

(4) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 402.305, 402.310 FS. Law Implemented 402.305, 402.310 FS. History–New 5-1-08, Amended 1-13-10, 8-1-13, 10-25-17, 6-12-19. Amended____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hue Reynolds

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 4, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 10, 2021