Amendments add requirements pursuant to Chapter Law 2023-85 regarding human trafficking posters. Amendments further update and clarify the rule.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-46.005Safety, Sanitation and Food Service Requirements

PURPOSE AND EFFECT: Amendments add requirements pursuant to Chapter Law 2023-85 regarding human trafficking posters. Amendments further update and clarify the rule.

SUMMARY: Amendments include the following: (1) removing the DOH citation (2) adding form for inspection if conducted by the Department, (3) adds language clarifying the ratio that must be adhered to, (4) requirements for boating activities, (5) human trafficking signage is added as a requirement that must be posted by the facility, and (6) updates disaster preparedness.

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.

A SERC has not been prepared.

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: 409.175(5) FS.

LAW IMPLEMENTED: 409.175(5) FS.

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: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-46.005 Safety, Sanitation, and Food Service Requirements.

(1) Inspections. Prior to the issuance of a license or to relicensing, the home or facility shall be inspected by a representative from the Department, the Department of Health, or the county health unit trained in environmental health practices. Written approval of satisfactory health and sanitary conditions must be on file. All child-caring  facilities must comply with the health and sanitation standards including a maximum hot water temperature of 120 degrees Fahrenheit at the kitchen and bathroom faucets and in bathing areas to prevent scalding, as set forth in rule Chapter 64E-12, F.A.C. In the event the Department of Health is not available to complete the inspection, the Department’s trained licensing authority may complete the inspection using the “Child-Caring Agency Inspection Checklist” form CF-FSP 5490, (insert date), which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.

(2) Radon Testing.

(a) through (b) No change.

(c) Child-caring agencies may can perform radon testing through state certified individuals or businesses or by using a radon testing kit provided that the instructions are followed.

(3) No change.

(4) Transportation.

(a) No change.

(b) The number of persons in a vehicle used to transport children shall not exceed the number of available seats.; Appropriate appropriate restraining devices shall be used when transporting children in automobiles.

(c) The child-caring agency shall ensure the staff ratio requirements outlined in subsection 65C-46.011(11), F.A.C., are met when transporting children.

(d)(c) Buses or vans used to transport six (6) or more children shall be equipped with a first aid kit.

(d) through (e) are redesignated (e) through (f) No change.

(5) Swimming Pools, Aquatic Activities, and Bodies of Water.

(a) through (d) No change.

(e) The level of supervision for children in close proximity to any body of water, including swimming pools, shall be made by the licensed out-of-home caregiver in accordance with subparagraph 409.145(2)(a)3. Section 39.4091(2)(c), F.S.

(f) Lifesaving equipment shall be provided during aquatic activities and shall be immediately accessible in case of an emergency. All child-caring agencies with swimming pools, spas or near open water hazards must have lifesaving equipment availble and accessible in case of an emergency. Equipment Minimum equipment shall include the following:

1. through 3. No change.

(g) Life jackets shall be worn during all boating activities.

(h) Prior to any extended travel in any water craft, drills will be practiced to approximate man overboard and capsize situations.

(i) through (j) are redesignated (g) through (h) No change.

(i) Child-caring agencies shall ensure the following requirements are met for boating activities:

1. Life jackets shall be worn during all boating activities;

2. Boat safety drills shall be conducted with all children and staff regarding man-overboard, capsize situations, and emergency evacuations prior to any travel on all water crafts;

3. Staff ratio requirements outlined in subsection 65C-46.011(11), F.A.C., shall be met to ensure ongoing care and supervision; and

4. Staff must complete boat safety training to minimize drowning while boating. Training shall include topics on boat safety drills, utilization of life jackets, and how to prepare and execute an emergency evacuation plan.  

(j) Child-caring agencies who own a water craft or vessel shall:

1. Provide confirmation of liability insurance for all insurable vessels or water craft used for extended travel.

2. Have a satisfactory inspection completed by the Department’s licensing authority for all extened travel to ensure adequate sleeping arrangements.

(6) Other Safety Measures.

(a) The child-caring agency facility shall have communication access available for use in the facility at all times by staff and youth. Methods of communication may include mobile or landline telephones, computers for video communication or conferencing, or mobile devices equipped to make phone calls. Emergency numbers, such as 911, poison control, and the Florida Abuse Hotline, shall be posted in a clear and conspicuous location in the facility.

(b) Child-caring agencies shall have the following postings in a clear and conspicuous location:

1. Emergency numbers, such as 911, poison control, and the Florida Abuse Hotline.

2. Department approved, youth in foster care Rights and Expectations brochure.

3. Department’s Human trafficking awareness signage pursuant to subsection 409.175(5), F.S.

(c)(b) The executive director and or program director, and and/or house parent shall be required to sign the “Acknowledgement of Firearms Safety Requirements” form CF-FSP 5343, February 2015, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13066.

(d)(c) No change.

(7) Disaster Preparedness and Evacuation Plan.

(a) Each licensed child-caring agency shall have a current written disaster preparedness and evacuation plan for each facility in the event of a natural or man-made disaster. The plan shall include:

1. through 3. No change.

4. A process for notifying the Department, community-based care lead agency, and legal guardian when relocation is necessitated, to include out of state travel; and

5. A list of emergency supplies maintained at each facility.

(b) The disaster preparedness and evacuation plan shall be updated at re-licensure and whenever any changes are made during the licensure year. The child-caring agency must review the preparedness plan no less than 30 days prior to the beginning of hurricane season to ensure any amendments are updated.

(c) No change.

(d) The child-caring agency shall maintain ongoing communication with the regional licensing authority team throughout an evacuation until their safe return. Communication must include:

1. Accounting for the census prior to and throughout the evacuation;

2. Confirmation of the address in which the agency is relocating to;

3. Anticipated date of return;

4. Any challenges to meeting staff ratio requirements outlined in subsection 65C-46.011(11), F.A.C.; and

5. Providing the basic needs such as: food, clothing, and medical treatment for children.

(e) The child-caring agency shall notify the regional licensing authority team within one (1) calendar day upon learning of any structural damages to the property or building, including loss of electricity and water. The child-caring agency shall provide the regional licensing authority with a plan to correct the damages identified.

(f) The regional licensing team is responsible for conducting an on-site visit, within five (5) business days or as soon as it is safe to do so in the event travel is restricted, to inspect and assess any damages prior to children re-occupying the property. 

(f)(g) No change.

(8) Communicable Disease Prevention and Preparedness.

(a) No change.

(b) In the event of a pandemic or epidemic, the child-caring agency may utilize resources issued by the Centers for Disease Control and Prevention (CDC), World Health Organization (WHO), Florida Department of Health (DOH)., or other health entity responsible for the prevention and control of disease in the community. The child-caring agency shall escalate any conflicting resources to the Regional Licensing Authority. To limit the spread of germs and prevent infection such precautions include, but are not limited to:

1. Avoiding close contact with people who are sick;

2. Covering mouth and nose when coughing or sneezing to prevent others from getting sick;

3. Washing your hands often to protect from germs;

4. Avoid touching your eyes, nose, or mouth;

5. Clean and disinfect frequently touched objects and surfaces; and

6. Practicing good hygiene habits.

(c) No change.

(9) Food Service.

(a) The child-caring agency shall have a procedure for the overall management of the food service. All menus shall be approved by a registered dietitian for nutritional adequacy every two years for the particular population of the group home. Residential programs participating in the United States Department of Agriculture Food and Nutrition Service shall be considered to have met this requirement upon submission of confirmation to the regional licensing authority.

(b) The child-caring agency shall serve the same food to staff members and the children in care the same food, except when age or special dietary requirements dictate differences. Staff on duty shall eat their meals with the children.

(c) All child-caring agencies shall serve three (3) well-balanced meals a day in the morning, noon, and evening and provide snacks between meals. The child-caring agency shall ensure meals are provided when When children are attending school, working outside of the facility or are not present in the facility during mealtime, the child-caring agency shall ensure that the children receive meals.

(d) Facilities shall retain their menus for a six (6) month period which shall be available for review by the Department.

(10) Child-caring agencies shall ensure that the design and construction of facilities meet the minimum requirements of the applicable state and local governing agencies.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5) 409.175(5)(b)2., 3. FS. History–New 7-1-87, Formerly 10M-9.019, Amended 6-3911-12, 10-20-16, 1-2-18, 5-26-21, Formerly 64C-14.010. Amended ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vanessa Snoddy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 19, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2023