The Department is proposing this rule development in response to public concerns that the complexity of Child Care Standards rule was cumbersome to maneuver. The Department resolved to create a handbook format using plain language to make reviewing ...

 

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-22.009Gold Seal Quality Care Program

65C-22.010Enforcement

PURPOSE AND EFFECT: The Department is proposing this rule development in response to public concerns that the complexity of Child Care Standards rule was cumbersome to maneuver. The Department resolved to create a handbook format using plain language to make reviewing the standards more user friendly for providers.

SUMMARY: The Department is developing the Child Care Standards rule to address new School Readiness (SR) requirements and background screening changes, as well as, the necessary updates to keep the rule current. The Department intends to reduce the number of standards listed in Rules 65C-22.001- 22.006, 22.009 and 22.010, F.A.C. by incorporating a newly developed handbook of standards written in plain language and organized by topic areas making it more user friendly.

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 proposed rule revisions regarding health/safety are cost neutral. The Department completed a Statement of Estimated Regulatory Costs (SERC) Checklist and determined that a SERC document was not required.

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(1)(c), FS.

LAW IMPLEMENTED: 402.305, 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: July 13, 2017, 12:30 p.m. - 2:00 p.m. ET, or at the conclusion of business, whichever is earlier.

PLACE: via GoToWebinar only. To register for the webinar, please visit: https://attendee.gotowebinar.com/register/2067505555676704002

(Registering for the webinar does not constitute a request for public hearing.)

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 2 days before the workshop/meeting by contacting: Cindy Campbell, Office of Child Care Regulation 1317 Winewood Boulevard, Building 6, Tallahassee, FL 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: Cindy Campbell, Office of Child Care Regulation 1317 Winewood Boulevard, Building 6, Tallahassee, FL 32399-0700, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-22.001 General Requirements Information.

(1) Application.

(a) Application for a license or for renewal of a license to operate a child care facility must be made on CF-FSP Form 5017, July 2012 (insert date), Application for a License to Operate a Child Care Facility, which is incorporated by reference. CF-FSP Form 5017 may be obtained from the department’s website at www.myflfamilies.com/childcare www.myflorida.com/childcare or from the following link http://www.flrules.org/Gateway/reference.asp?No=Ref-03028.

(b) Each completed CF-FSP Form 5017 must be submitted with the licensure fee pursuant to Section 402.315, F.S.

(c) The completed CF-FSP Form 5017 must be signed by the individual owner, prospective owner, or the designated representative of a partnership, association, or corporation, and must include background screening clearance documents for the owner/operator/director, and an approved fire inspection. Child care facilities that have a well system must maintain current written records indicating the well system meets the requirements of the Department of Health on an annual basis.

(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)(d), F.A.C.

(2) (e) Urban Child Care.

(a)1. In order to be classified as an urban child care facility, the applicant, prior to submitting an application for licensure must:

1.a. Obtain written documentation from the local governing body that confirms the geographical area has been declared urban; and

2.b. Consult with the licensing authority to verify that the required outdoor play space, required by 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.(I)  is adjacent to the facility, or

b.(II) can be reached by a route that is free of hazards and is within 1/8 mile of the facility. 

(b)2. If requirements in subparagraph 1., above, are met, the applicant must complete and submit the CF-FSP Form 5017.  

(c)3. No application for an urban child care facility designation will be approved by the licensing authority without the above criteria being met.

(32) License.

(a) A child care facility license is issued in the name of the owner. The owner may be an individual, partnership, association, or corporation. The license is non-transferable between owners and locations.

(b) During the hours of operation, the child care facility must not be used for any business or purpose unrelated to providing child care that can interfere with compliance with child care standards or permit the presence of individuals who do not meet screening and training requirements when children are present.  A child care facility that utilizes any area that is subject to use by persons outside of the program must have exclusive control of such area when used by the program and provide effective measures to exclude individuals who do not meet screening and training requirements from that area. 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. Individual letters or flyers.

(c) The total number of children in care on-site and while on field trips may never exceed the facility’s licensed capacity.

 

(c) The child care facility must include their license number in any advertisement about their services. The total number of children in care on-site and while on field trips may never exceed the facility’s licensed capacity.

(d) The Department may issue a provisional license allowing a facility to operate for a designated period of time while working to correct one or more licensing standard(s) not met, provided the owner is making adequate provisions to ensure the health and safety of the children in care. A provisional license is a not a disciplinary sanction.

(4) Change of ownership.

(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. Individual letters or flyers.

(b) A completed CF-FSP Form 5017 for a change of ownership must be submitted by the new prospective owner to the licensing authority prior to the final sale of the business.  The Department has 45 days from receiving a completed application to issue a license to the new prospective owner.

(3) Minimum Age Requirements. In the absence of the operator, there must be a staff person at least 21 years of age in charge of the child care facility, and on the premises at all times.

(4) Ratios.

(a) The staff-to-child ratio, as established in Section 402.305(4), F.S., is based on primary responsibility for the direct supervision of children, and applies at all times while children are in care.

(b) Mixed Age Groups.

1. In groups of mixed age ranges, where children under one year of age are included, one staff member shall be responsible for no more than four children of any age group, at all times.

2. In groups of mixed age ranges, where children one year of age but under two years of age are included, one staff member shall be responsible for no more than six children of any age group, at all times.

(c) For every 20 children, a child care facility must have one (1) credentialed staff member pursuant to Section 402.305(3), F.S.

(5) Supervision.

(a) Child care personnel are responsible for picking up a child from a designated location agreed upon by the provider and the parent.  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)(a) Direct supervision means actively watching and directing children’s activities within the same room or designated outdoor play area, during transportation, any activity outside of the facility, and responding to the needs of each child while in care. Child care personnel at a facility must be assigned to provide direct supervision to a specific group of children, and be present with that group of children at all times. When caring for school-age children, child care personnel shall remain responsible for the supervision of the children in care, shall be capable of responding to emergencies, and are accountable for children at all times, including when children are separated from their groups.

(6) Child Care Standards.  Child care programs must follow the standards found in the “Child Care 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”.

(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 of Good Moral Character.  A copy may be obtained from the following link: (insert link) .

(b) CF-FSP Form 5131, (insert date), Background Screening and Personnel File Requirements.  A copy may be obtained from the following link: (insert link).

(c) CF-FSP Form 5191, (insert date), Birth Through Five Florida Child Care Professional Credential (FCCPC) Training Program Application.  A copy may be obtained from the following link: (insert link)

(d) CF-FSP Form 5211, (insert date), Staff Credential Application.  A copy may be obtained from the following link: (insert link)

(e) CF-FSP Form 5217, (insert date), Volunteer Acknowledgement.  A copy may be obtained from the following link: (insert link)

(f) CF-FSP Form 5219, (insert date), Child Care Application for Enrollment.  A copy may be obtained from the following link (insert link)

(g) CF-FSP Form 5252, (insert date), Florida Child Care and Education Program Director Credential  A copy may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link (insert link)

(h) CF-FSP Form 5257, (insert date), School-Age Florida Child Care Professional Credential (FCCPC) Training Program Provider Application .  A copy may be obtained from the following link (insert link)

(i) CF-FSP Form 5268, (insert date),Child Care In-Service Training Record .  A copy may be obtained from the following link (insert link)

(j) CF-FSP Form 5270, (insert date), Florida Child Care Professional Credential Certificate .  A copy may be obtained from he Deaprtment’s website at www.myflfamilies.com/childcare or from the following link (insert link)

(k) CF-FSP Form 5290, (insert date), Florida Child Care Director Credential and Renewal Application.  A copy may be obtained from the following link (insert link)

(l) CF-FSP Form 5337, (insert date), Child Abuse and Neglect Reporting Requirements.  A copy may be obtained from the following link (insert link)

(m) CF/ PI 175-24, March 2014, Know Your Child Care Facility.  A copy may be obtained from the following link (insert link)

(n) CF/ PI 175-70, June 2009, Influenza Virus, Guide to Parents.  A copy may be obtained from the following link (insert link)

(o) DH 680, July 2010, Florida Certificate of Immunization.  A copy may be obtained from the following link (insert link)

(p) DH 681, July 2008, Religious Exemption From Immunization.  A copy may be obtained from the following link (insert link)

(q) DH 3040, July 2013, School Entry Health Exam.  A copy may be obtained from the following link (insert link)

(r) N-050-06, Child Care Food Program Meal Pattern for Children (CCFP), September 30, 2019. Copies may be obtained from the following link: (insert link)

(s) N-051-04, Child Care Food Program Meal Pattern for Infants, September 2016.  Copies may be obtained form the following link: (insert link)

(t) USDA MyPlate, August 2011. A copy may be obtained from the following link: (insert link)

(u) Center for Disease Control guidelines, January 2013. A copy may be obtained from the following link: (insert link)

(b) During nap time, supervision requires that staff be in close proximity, within sight and hearing of all the children. All other staff required to meet the staff-to-child ratio shall be within the same building on the same floor, and must be readily accessible and available to be summoned to ensure the safety of the children. Nap time supervision, as described in this Section, does not include supervision of children up to 24 months of age, who must be directly supervised at all times.

(c) During feeding times, children shall be individually fed or supervised appropriately for their ages and developmental abilities.

1. Infants shall be held for bottle feedings until they are developmentally ready to sit in a high chair with good head control. Children shall not be left in high chairs or other types of feeding chairs outside of feeding times. The use of safety straps to prevent falls is required whenever children are placed in high chairs.

2. There shall be no propped bottles. If a child cannot hold the bottle, then a staff person or volunteer must hold the bottle during feeding. There shall be no automatic feeding devices unless medically prescribed and documented in the child’s file.

(d) No person shall be an operator, owner, or employee of a child care facility while using or under the influence of narcotics, alcohol, or other drugs that impair an individual’s ability to provide supervision and safe child care.

(e) Additional Supervision Requirements.

1. In addition to the number of staff required to meet the staff-to-child ratio, for the purpose of safety, one additional adult must be present on all field trips away from the child care facility to assist in providing direct supervision.

2. If a child care facility uses a swimming pool that exceeds three feet in depth or uses beach or lake areas for water activities, the child care facility must provide one person with a certified lifeguard certificate or equivalent unless a certified lifeguard is on duty and present when any children are in the swimming area. In situations where the child care facility provides a person with a certified lifeguard certificate or equivalent, that person can also serve as the additional adult to meet the requirement in subparagraph (d)1., above.

3. A telephone or other means of instant communication shall be available to staff responsible for children during all field trips. Cellular phones, two-way radio devices, citizen band radios, and other means of instant communication are acceptable.

(6) Transportation. For the purpose of this Section, vehicles refer to those that are owned, operated, or regularly used by the child care facility and vehicles that provide transportation through a contract or agreement with an outside entity. Parents’ personal vehicles used during field trips are excluded from meeting the requirements in paragraphs 65C-22.001(6)(a)2.,(b) & (c), F.A.C. 

(a) When any vehicle is regularly used by a child care facility to provide transportation, the driver shall have the following:

1.  A valid Florida driver’s license,

2. An annual physical examination which grants medical approval to drive, and valid certificate(s) of course completion for first aid training and infant and child cardiopulmonary resuscitation (CPR) procedures.

(b) All child care facilities must comply with the insurance requirements found in Section 316.615(4), F.S.

(c) All vehicles regularly used to transport children shall be inspected annually by a mechanic to ensure proper working order. Documentation by the mechanic shall be maintained in the vehicle.

(d) The maximum number of individuals transported in a vehicle may not exceed the manufacturer’s designated seating capacity or the number of factory installed seat belts.

(e) Each child, when transported, must be in an individual factory installed seat belt or federally approved child safety restraint, unless the vehicle is excluded from this requirement by Florida Statute.

(f) When transporting children, staff-to-child ratios must be maintained at all times. The driver may be included in the staff-to-child ratio. Prior to transporting children and upon the vehicle(s) arrival at its destination, the following shall be conducted by the driver(s) of the vehicle(s) used to transport the children:

1. Driver’s Log. A log shall be maintained for all children being transported in the vehicle. The log shall be retained for a minimum of four months. The log shall include each child’s name, date, time of departure, time of arrival, signature of driver, and signature of second staff member to verify the driver’s log and that all children have left the vehicle.

2. Upon arrival at the destination, the driver of the vehicle shall:

a. Mark each child off the log as the children depart the vehicle;

b. Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle; and

c. Sign, date and record the driver’s log immediately, verifying that all children were accounted for, and that the visual sweep was conducted.

3. Upon arrival at the destination, a second staff member shall:

a. Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle; and

b. Sign, date and record the driver’s log immediately, verifying that all children were accounted for and that the log is complete.

(g) Each vehicle shall be equipped with contact information for all children being transported.  When transporting children with chronic medical conditions (such as asthma, diabetes or seizures), their emergency care plans and supplies or medication shall be available.  The responsible adult shall be trained to recognize and respond appropriately to the emergency.

(7) Planned Activities.

(a) Each age group or class must have a written and followed plan of scheduled daily activities posted in a conspicuous location accessible to parents. The written plan must meet the needs of the children being served, and must include alternate activities in case of inclement weather, and include scheduled activities that:

1. Promote emotional, social, intellectual and physical growth. Children shall not be left in confining devices such as car seats as an alternative to active play or adult/child interaction, supervision, or discipline.

2. Do not utilize electronic media time (television, videos, movies, or computer games) with children younger than 2 years of age. Electronic media may only be used for educational purposes or physical activity for children older than 2 years of age.

3. Limit electronic media time to no more than 1 to 2 hours per day for children older than 2 years of age.

4. Include quiet and active play, both indoors and outdoors.

5. Include meals, snacks and nap times, if appropriate for the age and the times the children are in care.

(b) Providers are encouraged to advise parents or legal guardians of their child’s activities on a daily basis and to participate in the program’s activities.

(c) Parents or legal guardians must be advised in advance of each field trip activity. The date, time, and location of the field trip must be posted in a conspicuous location at least two working days prior to each field trip. Written parental permission must be obtained in the form of a general permission slip. If special circumstances arise where notification of an event cannot be posted for two working days, individual permission slips must be obtained from the custodial parent or legal guardian for each child participating on the field trip. Documentation of parental permission for field trips shall be maintained for a minimum of four months from the date of each field trip.

(8) Child Discipline.

(a) Verification that the child care facility has provided, in writing, the disciplinary policy used by the facility shall be documented on the enrollment form with the signature of the custodial parent or legal guardian.

(b) All child care personnel must comply with the facility’s written disciplinary policy. Such policies shall include standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited for all child care personnel.

(c) Children may not be denied active play as a consequence of misbehavior.

(d) A copy of the facility’s current written disciplinary policy must be available to the licensing authority to review for compliance with section 402.305(12), F.S.

(9) Access.  A child care facility must provide the custodial parent or legal guardian access, in person and by telephone, to the child care facility during the facility’s normal hours of operation or during the time the child is in care.

(10) Attendance. Daily attendance of children shall be taken and recorded by the child care facility personnel, documenting the time when each child enters and departs a child care facility or program. The custodial parent or guardian may document the time when their child(ren) enter and depart the child care facility or program. However, child care facility personnel are responsible for ensuring that attendance records are complete and accurate. Such records shall be maintained for a minimum of four months. Attendance forms used for Voluntary Pre-Kindergarten or School Readiness may be used if applicable.

(11) Child Safety.

(a) Acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute a violation of the standards in Sections 402.301-.319, F.S., and shall support imposition of a sanction, as provided in Section 402.310, F.S.

(b) Failure to perform the duties of a mandatory reporter pursuant to Section 39.201, F.S., constitutes a violation of the standards in Sections 402.301-.319, F.S.

Rulemaking Authority 402.305, 402.309 FS. Law Implemented 402.305, 402.309, 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,_____.

 

65C-22.0011 Definitions.

Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 8-1-13, Repealed_____.

 

65C-22.002 Physical Environment.

Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 6-1-97, Amended 7-2-98, 3-17-99, 7-13-03, 9-12-04, 6-30-05, 4-12-07, Repromulgated 5-1-08, Amended 1-13-10, 8-1-13, Repealed_____.

 

 

65C-22.003 Training.

Rulemaking Authority 402.305 FS. Law Implemented 402.305, FS. History–New 6-1-97, Amended 7-2-98, 3-17-99, 7-26-00, 10-10-01, 4-2-02, 7-17-03, 9-12-04, 6-30-05, 4-12-07, 5-1-08, 1-13-10, 8-1-13, Repealed_____.

 

65C-22.004 Health Related Requirements.

Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 6-1-97, Amended 3-17-99, 7-26-00, 4-2-02, 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10, 8-1-13, Repealed_____.

 

 

1-13. 

 

65C-22.005 Food and Nutrition. 

Rulemaking Authority 402.305 FS. Law Implemented 402.305 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, Repromulgated 5-1-08, Amended 1-13-10, 8-1-13, Repealed_____.

 

65C-22.006 Record Keeping.

Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 6-1-97, Amended 7-2-98, 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, Repealed_____. 

 

65C-22.007 Evening Child Care.

(1) Hours of Care. Evening Child Care, as defined in Section 402.302(7), F.S., means child care provided during evening hours and may encompass the hours of 6:00 p.m. to 7:00 a.m.

(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)(a), F.A.C., must be provided. When children are sleeping, supervision, as defined in 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) Credentialed staff, pursuant to Section 402.305(3), F.S., are not required for Evening Child Care.

(c) Director credentialed staff are not required for Evening Child Care.

Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 7-2-98, Amended 9-12-04, 4-12-07, Repromulgated 5-1-08, Amended 1-13-10, 8-1-13.

 

 

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(1)(d), F.A.C.

(b) “Class II Violation” has the same meaning as provided for the same term in paragraph 65C-22.010(1)(d), F.A.C.

(c) “Class III Violation” has the same meaning as provided for the same term in paragraph 65C-22.010(1)(d), F.A.C.

(d) Gold Seal Quality Care Provider means a child care program, regulated by the department or local licensing authority, that meets the accreditation compliance requirements in Section 402.281(1), F.S.

(e) “Gold Seal Quality Care Accrediting Association” means an accrediting association that has applied to and been approved by the Department as an accrediting association for the purpose of Gold Seal Designation pursuant to Section 402.281(3), F.S.

(f) “Regulated by the Department” means a child care facility that has been licensed by the Department or a child care facility that is exempt from licensure pursuant to Sections 402.3025 or 402.316, F.S., that has agreed to periodic inspection by the Department as part of the application process.

(2) Gold Seal Quality Care Provider Requirements.

(a) Gold Seal Quality Care Provider Designation.

A child care program regulated by the Department seeking designation as a Gold Seal Quality Care provider shall apply to the Department on form CF-FSP Form 5386, Gold Seal Quality Care Provider Application, April 2015, which is hereby incorporated by reference, and provide all supporting documentation required by the form. This form may be obtained from the Department’s website at www.myflfamilies.com/childcare www.myflorida.com/childcare or from the following link http://www.flrules.org/Gateway/reference.asp?No=Ref-05542. Once reviewed and approved by the Department, the designation will be issued in the name of the provider. The designation will be effective the date approved by the Department through the duration of the provider’s accreditation certification, up to a maximum of five years, unless terminated by the Department or voluntarily surrendered by the provider, or if accreditation is revoked by the accrediting association.

(b) In order to obtain and maintain Gold Seal designation, the applicant must:

1. Be accredited by an approved Gold Seal Quality Care Accrediting Association. The name on the accrediting association certificate required by form CF-FSP Form 5386, must be the same as on the provider’s license. A list of approved accrediting associations may be obtained from the department’s website at www.myflorida.com/childcare.

2. Meet the criteria of Section 402.281(4), F.S.

(c) To renew a Gold Seal Quality Care designation, the provider must submit CF-FSP Form 5386 at least 30 days prior to expiration of the current designation. The Department cannot guarantee late-filed renewal forms will be processed in time to avoid a lapse in the designation.

(3) Gold Seal Quality Care Enforcement.

(a) Gold Seal Quality Care providers must maintain accreditation and continuously meet the standards established by their Gold Seal Quality Care Accrediting Association in order to retain their designation. A provider’s Gold Seal designation will be terminated upon expiration of its accreditation, or when its accreditation is surrendered or lost. The Gold Seal designation termination will be effective on the expiration date or on the date the accrediting association no longer acknowledges the provider’s accreditation.

(b) A provider’s Gold Seal designation will be terminated if the Department or local licensing agency determines the provider has committed a disqualifying minimum standards violation as defined in Section 402.281(4), F.S. The termination will be effective as of the date of final agency action on the termination.

(c) The Department will notify providers accredited by a Gold Seal accrediting association that has lost its status as an approved accrediting entity and will afford such providers 180 days from the date of notification to obtain a new accreditation certificate from an approved Gold Seal Quality Care Accrediting Association. The Department will thereafter terminate the Gold Seal designation of any provider that is not accredited by an approved accrediting association at the conclusion of the 180-day period.

(4) Gold Seal Quality Care Accrediting Association Requirements.

(a) An accrediting association seeking recognition as a Gold Seal Quality Care Accrediting Association must:

1. Have been active and accrediting child care programs in Florida for a period of five years prior to submission of an application to the Department.

2. Hold an active corporation registration with the Florida Department of State to do business in Florida.

3. Submit and meet all requirements outlined on the CF-FSP Form 5315, Gold Seal Quality Care Accrediting Application, April 2015, which is incorporated by reference. CF-FSP Form 5315 may be obtained from the department’s website at www.myflfamilies.com/childcare www.myflorida.com/childcare or from the following link http://www.flrules.org/Gateway/reference.asp?No=Ref-05541.

4. Submit a crosswalk of the Accrediting Association’s standards with the Department’s Gold Seal Quality Standards.

(b) Applications will be accepted only in January and July each year. An accrediting association whose application is denied cannot reapply until at least six months from the date of the denial.

(c) An application and all supporting documentation submitted by an accrediting association for approval as a Gold Seal Quality Care Accrediting Association will be reviewed in consultation with entities described in Section 402.281(3), F.S. Applicants must obtain an overall compliance percentage of 85% or higher of the standards outlined on form CF-FSP 5389, Gold Seal Quality Care Accrediting Association Evaluation Manual for Child Care Facilities, April 2015. This form is incorporated by reference and a copy may be obtained from the Department’s website www.myflfamilies.com/childcare www.myflorida.com/childcare or from the following link http://www.flrules.org/Gateway/reference.asp?No=Ref-05514. The Department will evaluate applications in the manner described in the Gold Seal Quality Care Program Review Process and Procedures, April 2015 document, which is incorporated by reference and may be obtained from the Department’s website at www.myflfamilies.com/childcare www.myflorida.com/childcare or from the following link http://www.flrules.org/Gateway/reference.asp?No=Ref-05545.

(d) The Department’s Gold Seal Quality Care Standards are established in CF-FSP Form 5387, Gold Seal Quality Care Standards for Child Care Programs, April 2015. This form includes the United States Department of Agriculture’s Food Program (USDA’s CACFP) guidelines, N-050-06 Child Care Food Program Meal Pattern for Children, August 2013 and Adult Care Food Program Adult Meal Pattern, November 20, 2012. This form and the USDA’s CACFP guidelines are incorporated by reference and may be obtained from the Department’s website at myflfamilies.com/childcare www.myflorida.com/childcare or from the following links http://www.flrules.org/Gateway/reference.asp?No=Ref-05513, http://www.flrules.org/Gateway/reference.asp?No=Ref-05543, and http://www.flrules.org/Gateway/reference.asp?No=Ref-05544.

(e) A Gold Seal Quality Care Accrediting Association approval is valid only for the entity to which it is issued for a maximum of five years, unless terminated by the Department or voluntarily surrendered during the approved period.

(f) A Gold Seal Quality Care Accrediting Association must annually submit the Attestation on page 5 of the Gold Seal Quality Care Accrediting Association Application, CF-FSP 5315. If changes have occurred, the appropriate supporting documentation of the change must accompany the Attestation.

(g) The following acts or omissions are grounds for revocation of an accrediting association’s approval.

1. Failure to notify the Department of a change in the association’s administration, corporate structure or any condition under which the accreditation association was initially approved by the Department.

2. Any changes resulting in the Association’s inability to meet the criteria provided in Section 402.281, F.S.

(h) A Gold Seal Accrediting Association must notify the Department, in writing, within fifteen days of a revocation or expiration of the accreditation of a child care provider in Florida. The notification must include a copy of the revocation or expiration letter issued to the provider, stating the specific reasons for revocation or expiration. Failure to provide the Department such written notification will be grounds for terminating the association’s approval as a Gold Seal Accrediting Association, and the association will be precluded from reapplying for approval for a period of two years.

(i) Gold Seal Quality Care Associations must apply to renew approval by submitting CF-FSP Form 5315 a minimum of six months prior to end of the five-year approval period. A current Gold Seal accrediting association whose approval expires prior to July 1, 2015, and which timely applies for renewal, will not be required to complete the standards crosswalk described in subparagraph (4)(a)4., above, or otherwise demonstrate its accreditation standards meet or exceed the Department’s Gold Seal standards in order to have its approval renewed.

(j) An accrediting association approved under this rule must notify the Department and all of its accredited providers in writing 6 months in advance of any intent to surrender its approval or to allow it to expire. An approved accrediting association which fails to comply with this requirement will be precluded from re-applying for approval for a period of five years from the lapse of the existing approval.

(k) The Department will not recognize Gold Seal accreditations issued by an entity that has not been approved as a Gold Seal Quality Care Accrediting Association.

(l) An Accrediting Association approved by the Department as a Gold Seal Quality Care Accrediting Association may not contract with or otherwise authorize any other entity or parties, including affiliated groups and membership groups or subgroups, to issue accreditations to Florida child care providers for the purposes of Gold Seal designation.

Rulemaking Authority 402.281 FS. Law Implemented 402.281 FS. History–New 5-1-08, Amended 1-13-10, 8-1-13, 7-7-15.

 

65C-22.010 Enforcement.

This rule establishes the grounds under which the Department may 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) “Day” means a weekday, excluding weekends and holidays.

(b) “Probation” is a licensing status indicating the license is in jeopardy of being revoked or not renewed due to violations of licensing standards. Probation may require the licensee to comply with specific conditions intended to ensure that the licensee comes into and maintains compliance with licensing standards.  Examples of such conditions are: a deadline to remedy an existing violation, a specified period during which compliance with licensing standards must be strictly maintained; and specified conditions under which the facility must operate during the probationary period

(c) “Standards” are requirements for the operation of a licensed facility provided in statute or in rule.

(d) “Technical Assistance” means a department offer of assistance to a licensee or registrant to correct the statutory or regulatory violations.

(e) “Violation” means a finding of noncompliance with by the department or local licensing authority of  a licensing standard as described in an inspection report resulting from an inspection under section 402.311, Florida Statutes, 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, August 2017, July 2012. Child Care Facility Standards Classification Summary, which is incorporated by reference. A copy of the CF-FSP Form 5316 may be obtained from the Ddepartment’s website at www.myflfamilies.com/childcare www.myflorida.com/childcare or from the following link http://www.flrules.org/Gateway/reference.asp?No=Ref-03034. 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, pose an imminent threat to a child including abuse or neglect and which could or does result in death or serious harm to the health, safety or well-being of a child.

2. “Class II Violation” an is the second or subsequent 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, and could be anticipated to pose a threat to the health, safety or well-being of a child, although the threat is not imminent.

3. “Class III Violation” is an the third or subsequent incident of noncompliance with an individual Class III standard as described on CF-FSP Form 5316. Class III violations are less serious in nature than either Class I or Class II violations, and pose a low potential for harm to children.

4. “Technical Support Violations” are the first or second occurrence of noncompliance of an individual Class III standard or the first occurrence of noncompliance of an individual Class II standard.

(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 XXXX, 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 any disciplinary sanction. 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), FS. The department shall take into consideration the actions taken by the facility to correct the violation when determining the appropriate disciplinary sanction.

(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 programs 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. 

(b) Each standard violation has an assigned classification based on the nature or severity of the violation(s) as identified within the Child Care Facility Standards Classification Summary, CF-FSP Form 5316.

(c) A violation of a Class II standard that results in death or serious harm to a child shall escalate to a Class I violation.

(c)(d) Failure to submit a completed CF-FSP Form 5017, Application for a License to Operate a Child Care Facility, which is incorporated by reference in paragraph 65C-22.001(1)(a), F.A.C. for renewal of an annual license at least 45 days prior to the expiration date of the current license constitutes a licensing violation. The Ddepartment shall impose issue an administrative complaint imposing a fine of $50.00 for the first occurrence, $100.00 for the second occurrence, and $200.00 for each subsequent occurrence within a five year period. 

(d) Disciplinary sanctions for licensing violations that occur within a two year period shall be progressively enforced as follows:

1. Class I Violations.

a. For the first and second violation of a Class I standard, the Ddepartment shall, upon applying the factors in Section 402.310(1), F.S., impose issue an administrative complaint imposing a fine not less than $100 nor more than $500 per day for each violation, and may impose other disciplinary sanctions in addition to the fine.

b. For the third and subsequent violation of a Class I standard, the Ddepartment shall issue an administrative complaint to suspend, deny or revoke the license. The Ddepartment, upon applying the factors in Section 402.310(1), F.S., may also impose levy a fine not less than $100 nor more than $500 per day for each violation in addition to any other disciplinary sanction.

2. Class II Violations.

a. For the first violation of a Class II standard, the department shall issue a formal warning letter stating the department's intent to take administrative action if further violations of the standard occur. The violation will be classified as “Technical Support.”

b. For the second violation of the same Class II standard, the Ddepartment shall impose issue an administrative complaint imposing a fine of $50 for each such violation. This violation, and subsequent violations, of the same standard within a two year period will be classified as “Class II.”

bc. For the third violation of the same Class II standard, the Ddepartment shall impose issue an administrative complaint imposing a fine of $60 per day for each such violation.

cd. For the fourth violation of the same Class II standard, the Ddepartment shall place issue an administrative complaint placing the provider’s license on probation status for a period not to exceed six months, and the department shall also impose issue an administrative complaint imposing an additional fine of $75 per day for each such violation.

d.e. For the fifth and subsequent violation of the same Class II standard, the Ddepartment shall issue an administrative complaint to suspend, deny, or revoke the license, and the department shall also impose issue an administrative complaint imposing an additional 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. Class III Violations.

a. For the first violation of a Class III standard, technical assistance shall be provided. The violation will be classified as “Technical Support.”

b. For the second violation of the same Class III standard, the department shall issue a formal warning letter stating the department’s intent to take administrative action if further violations of the standard are found. The violation will be classified as “Technical Support.”

a.c. For the third violation of the same Class III standard, the Ddepartment shall impose issue an administrative complaint imposing a fine of $25 for each such violation. This violation and subsequent violations of the same standard within a two year period will be classified as “Class III.”

b.d. For the fourth violation of the same Class III standard, the Ddepartment shall impose issue an administrative complaint imposing a fine of $30 per day for each such violation.

c.e. For the fifth violation of the same Class III standard, the Ddepartment shall place issue an administrative complaint placing the provider’s license on probation status for a period not to exceed six months, and the department shall also impose issue an administrative complaint imposing a fine of $40 per day for each such violation. However, for the fifth violation of a Children’s Health and Immunization standard, the Department will not place the provider’s license on probation status.

d.f. For the sixth and subsequent violation of a the same Class III standard, the Ddepartment shall issue an administrative complaint to suspend, deny, or revoke the license, and the Ddepartment shall also impose issue an administrative complaint imposing a fine of $50 per day for each such violation. However, for the sixth and subsequent violation of the same Class III Children’s Health and Immunization standard, the Department will place the provider’s license or registration on probation status for a period not to exceed six months in lieu of suspending, denying, or revoking the license or registration.

(3) When the Department has reasonable cause to believe that grounds exist for the denial, suspension, or revocation of a license or registration, the conversion of a license or registration to probation status, or the imposition of an administrative fine, it shall determine the matter in accordance with procedures prescribed in Chapter 120, F.S. Imposition of an administrative fine shall be accomplished through an administrative complaint.  Denial of a license or registration or conversion to probationary status pursuant to section 402.310, Florida Statutes, may be accomplished through an administrative complaint or a notice of intent to deny a pending renewal application. 

4. Children’s Health/Immunization Records Disciplinary Sanctions.

a. For the first violation of a Class III Children’s Health and/or Immunization standard, technical assistance shall be provided. The violation will be classified as “Technical Support.”

b. For the second violation of the same Class III Children’s Health and/or Immunization standard, the department shall issue a formal warning letter stating the department's intent to take administrative action if further violations of the standard are found. The violation will be classified as “Technical Support.”

c. For the third violation of the same Class III Children’s Health and/or Immunization standard, the department shall issue an administrative complaint imposing a fine in the amount of $25 for each violation. This Class III violation, and subsequent Class III violations of the same standard within a two year period will be classified as “Class III.”

d. For the fourth violation of the same Class III Children’s Health and/or Immunization standard, the department shall issue an administrative complaint imposing a fine in the amount of $30 for each violation.

e. For the fifth violation of the same Class III Children’s Health and/or Immunization standard, the department shall issue an administrative complaint imposing a fine in the amount of $40 per day for each violation.

f. For the sixth and subsequent violation of the same Class III Children’s Health and/or Immunization standard, the department shall issue an administrative complaint placing the provider’s license or registration on probation status for a period not to exceed six months, and the department shall also issue an administrative complaint imposing an additional fine of $50 per day for each violation.

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,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Samantha Wass de Czege, Office of Child Care Regulation 1317 Winewood Boulevard, Building 6, Tallahassee, FL 32399-0700, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Mike Carroll, Department of Children and Families

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 6/19/2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 1/12/2017 Vol. 43/08