Current through Reg. 50, No. 187; September 24, 2024
(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,
May 2019, 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 or
from the following link
http://www.flrules.org/Gateway/reference.asp?No=Ref-10461.
(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)(c),
F.A.C.
(2) Urban Child
Care.
(a) In order to be classified as an
urban child care facility, the applicant, prior to submitting an application
for licensure must:
1. Obtain written
documentation from the local governing body that confirms the geographical area
has been declared urban; and,
2.
Consult with the licensing authority to verify that the required outdoor play
space, required by section 3.4.4, B of the Child Care Facility Handbook 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. Is adjacent to the facility, or
b. Can be reached by a route that is free of
hazards and is within 1/8 mile of the facility.
(b) If requirements in subparagraph 1.,
above, are met, the applicant must complete and submit the CF-FSP Form
5017.
(c) No application for an
urban child care facility designation will be approved by the licensing
authority without the above criteria being met.
(3) License.
(a) A child care facility license is issued
in the name of the owner. The owner may be an individual, partnership, limited
liability company (LLC), corporation, or other business or ownership entity
recognized by the State of Florida. 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.
(c) The child care facility must include
their license number in any advertisement about their services.
(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. Distribute
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.
(c) A change of
ownership cannot be to a new corporation with some or all of the same corporate
members.
(5) Supervision.
(a) Children that are delivered to a location
offsite from the facility by someone other than the parent or guardian become
the responsibility of the child care program at that designated location and
time as agreed upon by the provider and the parent/guardian. 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 contact the facility
to notify them of the child's absence. Child care personnel at the facility
must contact the child's parent or legal guardian to notify them of their
child's absence.
(b) 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.
(6) Child Care Standards. Child care programs
must follow the standards found in the "Child Care Facility Handbook, " October
2021, 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-13954.
(7) The following documents and forms are
also incorporated by reference as part of this rule:
(a) CF-FSP Form 1649A, May 2019, Child Care
Attestation of Good Moral Character. A copy may be obtained from the following
link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10460.
(b) CF-FSP Form 5131, May 2019, Background
Screening and Personnel File Requirements. A copy may be obtained from the
following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10462.
(c) CF-FSP Form 5191, May 2019, Birth Through
Five Florida Child Care Professional Credential (FCCPC) Training Program
Provider Application. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10581.
(d) CF-FSP Form 5211, May 2019, Florida Child
Care Staff Credential Verification Application. A copy may be obtained from the
following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10469.
(e) CF-FSP Form 5217, October 2017, Volunteer
Acknowledgement. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08732.
(f) CF-FSP Form 5219, May 2019, Child Care
Application for Enrollment. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10466.
(g) CF-FSP Form 5252, October 2017, 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:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08734.
(h) CF-FSP Form 5257, May 2019, School-Age
Florida Child Care Professional Credential (FCCPC) Training Program Provider
Application. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10467.
(i) CF-FSP Form 5268, October 2017, Child
Care In-Service Training Record. A copy may be obtained from the following
link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08736.
(j) CF-FSP Form 5270, October 2017, Florida
Child Care Professional Credential Certificate. A copy 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-08737.
(k) CF-FSP Form 5290, May 2019, Florida Child
Care and Education Program Director Credential and Renewal Application. A copy
may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10470.
(l) CF-FSP Form 5337, October 2017, Child
Abuse and Neglect Reporting Requirements. A copy may be obtained from the
following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08740.
(m) CF/PI 175-24, March 2014, Know Your Child
Care Facility. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08017.
(n) CF/PI 175-70, May 2019, Influenza Virus,
Guide to Parents. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-11269.
(o) DH 680, July 2010, Florida Certificate of
Immunization. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08744.
(p) DH 681, July 2008, Religious Exemption
From Immunization. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08745.
(q) DH 3040, July 2013, School Entry Health
Exam. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08746.
(r) CF-FSP 5429, Child Care Food Program Meal
Pattern for Children (CCFP), October 2017. Copies may be obtained from the
following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10475.
(s) CF-FSP 5428, Child Care Food Program Meal
Pattern for Infants, October 2017. Copies may be obtained form the following
link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10474.
(t) USDA MyPlate, August 2011. A copy may be
obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-03036.
(u) Center for Disease Control guidelines,
January 2013. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-03037.
(v) Caring for Our Children Basics, Health
and Safety Foundations for Early Care and Education, June 2015. A copy may be
obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08726.
(w) Title 16, Parts 1219, 1220 &1221 Code
of Federal Regulations, 2014. A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08743.
(x) CF/PI 175-12, May 2019, Distracted Adult.
A copy may be obtained from the following link:
http://www.flrules.org/Gateway/reference.asp?No=Ref-11263.
(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.
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,
1-9-22.