Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-22 - CHILD CARE STANDARDS › Section 65C-22.010 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
This rule establishes the grounds under which the Department
				  shall 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 noncompliance with a
				licensing standard as described in an inspection report resulting from an
				inspection under Section
				 402.311, F.S., 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, October
				2021 Child Care Facility Standards Classification Summary and CF-FSP Form 5427,
				October 2021, School-Age Child Care Facility Standards Classification Summary,
				which are incorporated by reference. Copies of the CF-FSP Form 5316 and CF-FSP
				Form 5427 may be obtained from the Department's website at
www.myflfamilies.com/childcare
or
				from the following links:
http://www.flrules.org/Gateway/reference.asp?No=Ref-13964
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-13965
.
				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. The effective date of a
				termination of a provider's Gold Seal Quality Care designation is the date of
				the Department's written notification to the provider. 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 5316. 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 5316. Class III violations are less
				serious in nature than either Class I or Class II
				violations.