Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-20 - FAMILY DAY CARE STANDARDS AND LARGE FAMILY CHILD CARE HOMES › Section 65C-20.012 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
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) "Differential
				Monitoring" is a regulatory method for determining the frequency or depth of
				monitoring based on an assessment of a program's history of compliance with
				licensing rules.
(c) "Key Indicator
				Standards" are any standards identified that statistically predict overall
				compliance with all standards.
(d)
				"Probation" is a licensing status indicating the license is in jeopardy of
				being revoked or not renewed due to violations within the control of the
				provider. 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 include the following: 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 home must operate during the probationary
				period.
(e) "Standards" are
				requirements for the operation of a licensed family day care home or large
				family child care home provided in statute or in rule.
(f) "Supplemental Standards" are any
				standards not identified as a Key Indicator that if not met, pose a greater
				risk of harm to children in care.
(g) "Technical Assistance" means a Department
				offer of assistance to a licensee or registrant to correct the statutory or
				regulatory violations.
(h)
				"Violation" is a noncompliance with a licensing standard as described in an
				inspection report resulting from an inspection under Section
				 402.311, F.S., as follows
				regarding 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 5318, May
				2019, Family Day Care Home Standards Classifications Summary and CF-FSP Form
				5317, October 2021, Large Family Child Care Home Standards Classification
				Summary, which is incorporated by reference. A copy of CF-FSP Forms 5318 and
				5317 may be obtained from the Department's website
www.myflfamilies.com/childcare
or
				from the following links:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10486
,
				and
http://www.flrules.org/Gateway/reference.asp?No=Ref-13927
.
				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.
				"Class II Violation" is an incident of noncompliance with an individual Class
				II standard as described on CF-FSP Form 5318 and CF-FSP Form 5317. Class II
				violations are less serious in nature than Class I violations.
3. "Class III Violation" is an incident of
				noncompliance with an individual Class III standard as described on CF-FSP Form
				5318 and CF-FSP Form 5317. Class III violations are less serious in nature than
				either Class I or Class II violations.