60L-38.002. Child Care Services

(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 this rule, 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.

(4) The sponsoring state agency may provide for the space, maintenance, utilities and other operating costs associated with the center.

(5) The contracted service provider shall have primary responsibility for the day-to-day operation of the center.

(6) The sponsoring state agency may elect to operate the center when a second request for proposals fails to procure a qualified service provider, or when the service provider’s contract is canceled and attempts to procure a qualified provider are unsuccessful, provided plans for the direct operation by the sponsoring agency are approved by the Department.

(7) The Department shall approve the sponsoring agency’s written plan for direct operation, provided the plan outlines the continuing efforts by the agency to secure a qualified provider, including the following:

(a) Steps to be taken to make improvements to the physical facility if such improvements are necessary to attract a quality provider.

(b) Steps to increase center enrollment.

(c) Steps to broaden the eligible employee population that supports the center, for example entering into consortium arrangements with other public sector employers in close proximity to the center.

(8) State employees who terminate employment with state government shall be afforded a 45-day grace period for securing other child care services.

(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(7) FS. Law Implemented 110.151 FS. History–New 1-1-02, Amended 3-2-17.