402.305 Licensing standards; child care facilities.—
(1) LICENSING STANDARDS.—The department shall establish licensing standards that each licensed child care facility must meet regardless of the origin or source of the fees used to operate the facility or the type of children served by the facility.
(a) The standards shall be designed to address health and nutrition, safety, developmental needs, and sanitary physical conditions for all children served by child care facilities.
(b) All standards established under ss. 402.301-402.319 must be consistent with the rules adopted by the State Fire Marshal for child care facilities. However, if the facility is operated in a public school, the department shall use the public school fire code, as provided in the rules of the State Board of Education, as the minimum standard for firesafety.
(c) The minimum standards for child care facilities shall be adopted in the rules of the department and shall address the areas delineated in this section.
1. The department, in adopting rules to establish minimum standards for child care facilities, shall recognize that different age groups of children may require different standards.
2. The department may adopt different minimum standards for facilities that serve children in different age groups, including school-age children.
3. The department may create up to three classification levels for violations of licensing standards that directly relate to the health and safety of a child. A Class 3 violation is the least serious in nature and must be the same incident of noncompliance that occurs at least three times within a 2-year period.
4. The department shall adopt by rule a definition for child care which distinguishes between child care programs that require child care licensure and after-school programs that do not require licensure. Notwithstanding any other provision of law to the contrary, minimum child care licensing standards shall be developed to provide for reasonable, affordable, and safe before-school and after-school care. After-school programs that otherwise meet the criteria for exclusion from licensure may provide snacks and meals through the federal Afterschool Meal Program (AMP) administered by the Department of Health in accordance with federal regulations and standards. The Department of Health shall consider meals to be provided through the AMP only if the program is actively participating in the AMP, is in good standing with the department, and the meals meet AMP requirements. Standards, at a minimum, shall allow for a credentialed director to supervise multiple before-school and after-school sites.
(2) PERSONNEL.—Minimum standards for child care personnel shall include minimum requirements as to:
(a) Good moral character based upon screening as defined in s. 402.302(15). This screening shall be conducted as provided in chapter 435, using the level 2 standards for screening provided in that chapter, and include employment history checks, a search of criminal history records, sexual predator and sexual offender registries, and child abuse and neglect registry of any state in which the current or prospective child care personnel resided during the preceding 5 years. The department shall complete the screening and provide the results to the child care facility within 3 business days from the receipt of the criminal history record check. If the department is unable to complete the screening within 3 business days, the department shall issue the current or prospective child care personnel a 45-day provisional-hire status while all required information is being requested and the department is awaiting results unless the department has reason to believe a disqualifying factor may exist. During the 45-day period, the current or prospective child care personnel must be under the direct supervision of a screened and trained staff member when in contact with children.
(b) Fingerprint submission for child care personnel, which shall comply with s. 435.12.
(c) Minimum age requirements. Such minimum standards shall prohibit a person under the age of 21 from being the operator of a child care facility and a person under the age of 16 from being employed at such facility unless such person is under direct supervision and is not counted for the purposes of computing the personnel-to-child ratio.
(d) Minimum training requirements for child care personnel.
1. Such minimum standards for training shall ensure that all child care personnel take an approved 40-clock-hour introductory course in child care, which course covers the following topic areas:
a. State and local rules and regulations which govern child care.
b. Health, safety, and nutrition.
c. Identifying and reporting child abuse and neglect.
d. Child development, including typical and atypical language, cognitive, motor, social, and self-help skills development.
e. Observation of developmental behaviors, including using a checklist or other similar observation tools and techniques to determine the child’s developmental age level.
f. Specialized areas, including computer technology for professional and classroom use and early literacy and language development of children from birth to 5 years of age, as determined by the department, for owner-operators and child care personnel of a child care facility.
g. Developmental disabilities, including autism spectrum disorder and Down syndrome, and early identification, use of available state and local resources, classroom integration, and positive behavioral supports for children with developmental disabilities.
h. Online training coursework, provided at no cost by the department, to meet minimum training standards for child care personnel.
Within 90 days after employment, child care personnel shall begin training to meet the training requirements. Child care personnel shall successfully complete such training within 1 year after the date on which the training began, as evidenced by passage of an in-person or online competency examination. Successful completion of the 40-clock-hour introductory course shall articulate into community college credit in early childhood education, pursuant to ss. 1007.24 and 1007.25. Exemption from all or a portion of the required training shall be granted to child care personnel based upon educational credentials or passage of competency examinations. Child care personnel possessing a 2-year degree or higher that includes 6 college credit hours in early childhood development or child growth and development, or a child development associate credential or an equivalent state-approved child development associate credential, or a child development associate waiver certificate shall be automatically exempted from the training requirements in sub-subparagraphs b., d., and e.
2. The introductory course shall cover recognition and prevention of shaken baby syndrome; prevention of sudden infant death syndrome; recognition and care of infants and toddlers with developmental disabilities, including autism spectrum disorder and Down syndrome; and early childhood brain development within the topic areas identified in this paragraph.
3. On an annual basis in order to further their child care skills and, if appropriate, administrative skills, child care personnel who have fulfilled the requirements for the child care training shall be required to take an additional 1 continuing education unit of approved inservice training, or 10 clock hours of equivalent training, as determined by the department.
4. Child care personnel shall be required to complete 0.5 continuing education unit of approved training or 5 clock hours of equivalent training, as determined by the department, in early literacy and language development of children from birth to 5 years of age one time. The year that this training is completed, it shall fulfill the 0.5 continuing education unit or 5 clock hours of the annual training required in subparagraph 3.
5. Procedures for ensuring the training of qualified child care professionals to provide training of child care personnel, including onsite training, shall be included in the minimum standards. It is recommended that the state community child care coordination agencies (central agencies) be contracted by the department to coordinate such training when possible. Other district educational resources, such as community colleges and career programs, can be designated in such areas where central agencies may not exist or are determined not to have the capability to meet the coordination requirements set forth by the department.
6. Training requirements do not apply to certain occasional or part-time support staff, including, but not limited to, swimming instructors, piano teachers, dance instructors, and gymnastics instructors.
7. The child care operator shall be required to take basic training in serving children with disabilities within 5 years after employment, either as a part of the introductory training or the annual 8 hours of inservice training.
(e) Periodic health examinations for child care facility drivers.
(f) A credential for child care facility directors. The credential shall be a required minimum standard for licensing.
The department may grant limited exemptions to the minimum standards provided in this subsection which authorize a person to work in a specified role or with a specified population.
(3) MINIMUM STAFF CREDENTIALS.—For every 20 children in a licensed child care facility, if the facility operates 8 hours or more per week, one of the child care personnel in the facility must have:
(a) A child development associate credential;
(b) A child care professional credential, unless the department determines that such child care professional credential is not equivalent to or greater than a child development associate credential; or
(c) A credential that is equivalent to or greater than the credential required in paragraph (a) or paragraph (b).
The department shall establish by rule those hours of operation, such as during rest periods and transitional periods, when this subsection does not apply.
(4) STAFF-TO-CHILDREN RATIO.—
(a) Minimum standards for the care of children in a licensed child care facility as established by rule of the department must include:
1. For children from birth through 1 year of age, there must be one child care personnel for every four children.
2. For children 1 year of age or older, but under 2 years of age, there must be one child care personnel for every six children.
3. For children 2 years of age or older, but under 3 years of age, there must be one child care personnel for every 11 children.
4. For children 3 years of age or older, but under 4 years of age, there must be one child care personnel for every 15 children.
5. For children 4 years of age or older, but under 5 years of age, there must be one child care personnel for every 20 children.
6. For children 5 years of age or older, there must be one child care personnel for every 25 children.
7. When children 2 years of age and older are in care, the staff-to-children ratio shall be based on the age group with the largest number of children within the group.
(b) This subsection does not apply to nonpublic schools and their integral programs as defined in s. 402.3025(2)(d)1. In addition, an individual participating in a community service program activity under s. 445.024(1)(e), or a work experience activity under s. 445.024(1)(f), at a child care facility may not be considered in calculating the staff-to-children ratio.
(5) PHYSICAL FACILITIES.—Minimum standards shall include requirements for building conditions, indoor play space, outdoor play space, napping space, bathroom facilities, food preparation facilities, outdoor equipment, and indoor equipment. Because of the nature and duration of drop-in child care, outdoor play space and outdoor equipment shall not be required for licensure; however, if such play space and equipment are provided, then the minimum standards shall apply to drop-in child care. With respect to minimum standards for physical facilities of a child care program for school-age children which is operated in a public school facility, the department shall adopt the State Uniform Building Code for Public Educational Facilities Construction as the minimum standards, regardless of the operator of the program. The Legislature intends that if a child care program for school-age children is operated in a public school, the program need not conform to standards for physical facilities other than the standards adopted by the Commissioner of Education.
(6) SQUARE FOOTAGE PER CHILD.—Minimum standards shall be established by the department by rule.
(a) A child care facility that holds a valid license on October 1, 1992, must have a minimum of 20 square feet of usable indoor floor space for each child and a minimum of 45 square feet of usable outdoor play area for each child. Outdoor play area shall be calculated at the rate of 45 feet per child in any group using the play area at one time. A minimum play area shall be provided for one half of the licensed capacity. This standard applies as long as the child care facility remains licensed at the site occupied on October 1, 1992, and shall not be affected by any change in the ownership of the site.
(b) A child care facility that does not hold a valid license on October 1, 1992, and seeks regulatory approval to operate as a child care facility must have a minimum of 35 square feet of usable floor space for each child and a minimum of 45 square feet of usable outdoor play area for each child.
The minimum standard for outdoor play area does not apply in calculating square footage for children under 1 year of age. However, appropriate outdoor infant equipment shall be substituted for outdoor play space. The centers shall provide facilities and equipment conducive to the physical activities appropriate for the age and physical development of the child.
(7) SANITATION AND SAFETY.—
(a) Minimum standards must include requirements for sanitary and safety conditions, first aid treatment, emergency procedures, and pediatric cardiopulmonary resuscitation. The minimum standards must require that at least one staff person trained in person in cardiopulmonary resuscitation, as evidenced by current documentation of course completion, be present at all times that children are present.
(b) In the case of a child care program for school-age children attending before and after school programs on the public school site, the department shall use the public school fire code, as adopted in the rules of the State Board of Education, as the minimum standard for firesafety. In the case of a child care program for school-age children attending before-school and after-school programs on a site operated by a municipality, the department shall adopt rules for such site and intended use.
(8) NUTRITIONAL PRACTICES.—Minimum standards shall include requirements for the provision of meals or snacks of a quality and quantity to assure that the nutritional needs of the child are met.
(9) ADMISSIONS AND RECORDKEEPING.—
(a) Minimum standards must include requirements for preadmission and periodic health examinations, requirements for immunizations, and requirements for maintaining emergency information and health records on all children.
(b) Because of the nature and duration of drop-in child care, requirements for preadmission and periodic health examinations and requirements for medically signed records of immunization required for child care facilities do not apply. A parent of a child in drop-in child care shall, however, be required to attest to the child’s health condition and the type and current status of the child’s immunizations.
(c) Any child shall be exempt from medical or physical examination or medical or surgical treatment upon written request of the parent or guardian of such child who objects to the examination and treatment. However, the laws, rules, and regulations relating to contagious or communicable diseases and sanitary matters shall not be violated because of any exemption from or variation of the health and immunization minimum standards.
(10) TRANSPORTATION SAFETY.—
(a) Minimum standards shall include all of the following:
1. Requirements for child restraints or seat belts in vehicles used by child care facilities and large family child care homes to transport children.
2. Requirements for annual inspections of such vehicles.
3. Limitations on the number of children that may be transported in such vehicles.
4. Procedures to ensure that children are not inadvertently left in vehicles when transported by the facility or home and that systems are in place to ensure accountability for children transported by such facilities and homes.
(b) By January 1, 2022, all vehicles used by child care facilities and large family child care homes to transport children must be equipped with a reliable alarm system approved by the department which prompts the driver to inspect the vehicle for children before exiting the vehicle. The department shall adopt by rule minimum safety standards for such systems and shall maintain a list of approved alarm manufacturers and alarm systems that meet or exceed those standards.
(c) A child care facility or large family child care home is not responsible for the safe transport of children when they are being transported by a parent or guardian.
(11) ACCESS.—Minimum standards shall provide for reasonable access to the child care facility by the custodial parent or guardian during the time the child is in care.
(12) CHILD DISCIPLINE.—
(a) Minimum standards for child discipline practices shall ensure that age-appropriate, constructive disciplinary practices are used for children in care. Such standards shall include at least the following requirements:
1. Children shall not be subjected to discipline which is severe, humiliating, or frightening.
2. Discipline shall not be associated with food, rest, or toileting.
3. Spanking or any other form of physical punishment is prohibited.
(b) Prior to admission of a child to a child care facility, the facility shall notify the parents in writing of the disciplinary practices used by the facility.
(13) PLAN OF ACTIVITIES.—Minimum standards shall ensure that each child care facility has and implements a written plan for the daily provision of varied activities and active and quiet play opportunities appropriate to the age of the child.
(14) URBAN CHILD CARE FACILITIES.—Minimum standards shall include requirements for child care facilities located in urban areas. The standards must allow urban child care facilities to substitute indoor play space for outdoor play space, if outdoor play space is not available in the area, and must set forth additional requirements that apply to a facility which makes that substitution, including, but not limited to, additional square footage requirements for indoor space; air ventilation provisions; and a requirement to provide facilities and equipment conducive to physical activities appropriate for the age of the children.
(15) TRANSITION PERIODS.—During the periods of time in which children are arriving and departing from the child care facility, notwithstanding local fire ordinances, the provisions of subsection (6) are suspended for a period of time not to exceed 30 minutes.
(16) EVENING AND WEEKEND CHILD CARE.—Minimum standards shall be developed by the department to provide for reasonable, affordable, and safe evening and weekend child care. Each facility offering evening or weekend child care must meet these minimum standards, regardless of the origin or source of the fees used to operate the facility or the type of children served by the facility. The department may modify by rule the licensing standards contained in this section to accommodate evening child care.
(17) TRANSFER OF OWNERSHIP.—
(a) One week prior to the transfer of ownership of a child care facility or family day care home, the transferor shall notify the parent or caretaker of each child of the impending transfer.
(b) The department shall, by rule, establish methods by which notice will be achieved and minimum standards by which to implement this subsection.
(18) REPORT.—By December 31, 2024, and every 5 years thereafter, the department shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
(a) The report must include, at a minimum, information concerning:
1. Training requirements and coursework offered by the department to child care personnel. The report must include the results of a reliable and valid survey of child care personnel regarding such training and coursework. Such results must be used to make recommendations regarding:
a. The availability, quality, relevance, scope, cost effectiveness, and sources of current and prospective training.
b. The need for specialty training.
c. Approaches to increase inservice training.
2. Licensing and regulation of child care facilities. The report shall identify and make recommendations regarding:
a. The elimination of unnecessary, vague, or redundant rules.
b. Streamlined standards used to classify violations.
c. The application of rules in a manner to eliminate subjectivity by licensing staff.
d. Methods to simplify inspections.
e. The elimination of duplicative and unnecessary inspections.
(b) The department shall adopt rules and revise policies based on the recommendations in the report.
(c) The department may contract for the production of the report required under this subsection.
(19) SAFE-SCHOOL OFFICERS.—
(a) A child care facility may partner with a law enforcement agency or a security agency to establish or assign one or more safe-school officers established in s. 1006.12(1)-(4). The child care facility is responsible for the full cost of implementing any such option, which includes all training costs under the Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program under s. 30.15(1)(k).
(b) A child care facility that establishes a safe-school officer must comply with the requirements of s. 1006.12. References to a school district, district school board, or district school superintendent in s. 1006.12(1)-(5) shall also mean an owner of a child care facility. References to a school district employee in s. 1006.12(3) shall also mean child care personnel.
Cited 5 times | Published | Florida 2nd District Court of Appeal | 1992 WL 386088
...officer's conclusions of law to the extent they are inconsistent with the following: A person who pleads nolo contendere to the criminal offense of child abuse ... is disqualified from licensure or employment as a caretaker in a child care facility. Section 402.305(1)(a)(19), Florida Statutes (1989)....
Cited 4 times | Published | Florida 1st District Court of Appeal | 2003 WL 22768356
...tions must operate with substantial fairness upon all persons similarly situated. State ex rel. Fulton, 167 So. at 399. Unlike the Act at issue in the present case, the statute that specifically prescribes minimum standards for child care personnel, § 402.305(2)(a) & (b), Fla....
...the harm caused to the victim, and the history of the employee since the incident, or any other evidence or circumstances indicating that the employee will not present a danger if continued employment is allowed. § 435.07(3), Fla. Stat. (2002). See § 402.305(2)(b), Fla....
...Market Street Railway Co., 124 F.2d 965, 967 (9th Cir.1942)). Individuals such as J.D. who are seeking to work in a position having direct contact with children or vulnerable adults served by programs administered by DCF are required to undergo a Level 2 background screening. See § 402.305, Fla....
Cited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 246
...tatutes (1985). The emergency order took effect immediately, causing appellant to cease operations and close the facility. Consequently, we have ordered this appeal expedited. The authority for HRS to suspend appellant's license is found in sections 402.3055, 402.310, and 402.312....
...chapter 84-551, Laws of Florida. For example, section 402.301 was amended to make clear "the intent of the Legislature that all owners, operators, and child care personnel shall be of good moral character." Ch. 84-551, § 1 Laws of Fla. To that end, section 402.305, containing minimum licensing standards, was amended to require that minimum standards for child care personnel, including any family member of "a child care facility operator," shall include requirements as to good moral character, based upon screening and background checks....
...s, fingerprinting for all purposes and checks in this subsection, statewide criminal records checks through the Department of Law Enforcement, federal criminal records checks through the Federal Bureau of Investigation, and abuse registry clearance. Section 402.305(1), setting forth minimum standards for child care personnel, was substantially amended in section 24 by adding subparagraph (a), which now states, in part: Good moral character based upon screening....
...tioned standards indicate that the person will not present a danger to the safety or well-being of children. The decision of the department or local licensing agency regarding an exemption may be contested through the hearing procedures set forth in s. 402.3055....
...Such standards shall include at least the following requirements: (a) Children shall not be subjected to discipline which is severe, humiliating or frightening. (b) Discipline shall not be associated with food, rest or toileting. (c) Spanking or any other form of physical punishment is prohibited. Id. [1] Section 402.3055, although newly created by chapter 84-551, was completely rewritten in section 25, chapter 85-54, and contains extensive provisions relating to submission and processing of fingerprints and criminal checks of child care personnel. It explicitly authorizes HRS, in subsection 402.3055(5), to deny, suspend, or revoke a license or to pursue other remedies provided in sections 402.310, 402.312, or 402.319, in addition to or in lieu of denial, suspension, or revocation for failure to comply with this section. Subsection (5)(a) mandates that: The disciplinary actions determination to be made by the department ... and the procedure for hearing for applicants and *498 licensees shall be in accordance with s. 402.310. Subsection 402.3055(5)(b) provides for written notice to the licensee of noncompliance with the standards in section 402.305(1)(a)....
...s of expulsion for those employees not covered by paragraph (c)." Subsection (5)(h) mandates that: Refusal on the part of an applicant or licensee to dismiss child care personnel who have been found to be in noncompliance with personnel standards of s. 402.305(1)(a) shall result in automatic denial or revocation of the license in addition to any other remedies pursued by the department or local licensing agency....
...deavors to protect children from abuse through regulation of child care facilities. If the screening reveals that an employee or family member has pleaded nolo contendere or guilty to, or has been found guilty of, any statutory felonies described in section 402.305(1)(a), that person is conclusively deemed unfit to act as child care personnel and is automatically disqualified from such employment....
...y or presumptively disqualify persons only when the disqualifying incidents have been properly tested in an appropriate judicial proceeding. [3] For this reason, we attach considerable significance to the qualifying phrase "judicially determined" in section 402.305(1)(a) because, lacking such determination, HRS is not authorized to disqualify a person for past acts of prohibited conduct until an *499 appropriate hearing, after notice, has been held under chapter 120. Turning to the emergency suspension order under review, we find no recitation that the alleged "substantiated indicated report of abuse" was ever judicially determined as required by section 402.305(1)(a), Florida Statutes (1985)....
...ed and his presence at the facility violates the statute. The power of HRS to issue an emergency order suspending appellant's license must be exercised in strict compliance with sections 120.60(8) and 120.54(9), Florida Statutes (1985). See sections 402.3055 and 402.310, Florida Statutes (1985)....
...As previously discussed, the absence of a judicial determination regarding the report of child abuse leaves that report legally insufficient to raise a presumption of disqualification. Yet even if the requisite facts showing automatic disqualification under section 402.305 had been sufficiently stated on the face of the order, chapter 120 further requires a statement of explicit facts that show immediate harm will likely occur unless the proposed action is taken without affording notice and hearing to the license holder....
...nt. Had HRS so ordered, and thereafter learned that appellant had failed to comply with its order because her husband was found at the facility with the children, HRS would then have statutory grounds for automatic revocation of appellant's license. § 402.3055(5)(h), Fla....
...Section 415.503, Florida Statutes (1985), defines the terms "child abuse" and "indicated report," and the latter term "means a report made pursuant to s. 415.504 when a child protective investigation determines that some indication of abuse or neglect exists." The term "substantiated," as used in section 402.305(1)(a), is not defined by statute or rule....
Cited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 142198
...Another amendment required expunction of identifying information in unfounded reports to be done within 30 days, however, it failed to specify any time provision for expunction of such information for indicated cases. § 415.504(4)(c), Fla. Stat. (1985). Finally, section 402.305, regarding licensing standards for child care facilities, was amended to allow disqualification of any child care personnel against whom a substantially indicated report of abuse had been filed. § 402.305(1)(a), Fla....
Cited 2 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 197
...mily day care home. The sole basis for rejecting the subject reapplication was that the applicant had been previously convicted of certain felonies relating to drug abuse, and, therefore, was entirely disqualified from receiving such a license under Section 402.305(1)(a)(26), Florida Statutes (1985)....
...Calhoun reapplied for a renewal of her day care license for the period July 1985 July 1986, HRS in a letter dated August 2, 1985, denied the reapplication solely on the basis that she was disqualified from holding such a license by virtue of a newly enacted statute, Section 402.305(1)(a)(26), Florida Statutes (1985)....
...lows: "1. Petitioner, EULA MAE CALHOUN'S, Family Day Care Home reapplication for licensure was denied by HRS on August 2, 1985. 2. HRS's basis for denial of the Petitioner's reapplication for license was based upon Chapter 85-54 Section 24, amending 402.305, Florida Statutes....
...r reapplication for licensure." On January 16, 1986, HRS adopted the hearing officer's recommended order and denied Mrs. Calhoun's reapplication for a family day care license. This appeal follows. II Mrs. Calhoun's central position on appeal is that Section 402.305(1)(a)(26), Florida Statutes (1985) is unconstitutional on its face because it, in essence, creates an irrebuttable presumption of amorality based on a prior felony conviction for drug abuse and thereby terminates a valuable property right of Mrs....
...This is particularly true when, as here, the state seeks to disqualify a convicted felon from being licensed to operate a family day care center, as children of tender age in such centers are particularly vulnerable to moral and physical abuse by morally suspect adults. This being so, we think it clear that Section 402.305(1)(a)(26), Florida Statutes (1985), which by its plain terms disqualifies a person, like Mrs....
...restoration of *679 her civil rights, notwithstanding her prior felony conviction, if it concludes she has been rehabilitated and, consequently, it cannot be said, as urged, that an irrebuttable presumption of moral unfitness has been imposed by Section 402.305(1)(a)(26), Florida Statutes (1985), so as to preclude Mrs....
Cited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2274621
...An administrative hearing was scheduled for May 7, 2007. Finally, DCF alleged that on February 14, 2007, it discovered that St. Michael's designated representative and director, Katrina Doughty, was employed at another day-care facility in violation of section 402.305, Florida Statutes and rule 65C-22.003(8), Florida Administrative Code....
...§§ 402.308(1), 402.312(1), Fla. Stat. (2013). The Legislature has set minimum standards for licensure, including that the child care center have at least forty-five square feet of outdoor play space per child, which must be fenced and free of various hazards. § 402.305(6)(b), Fla. Stat. (2013); Fla. Admin. Code R. 65C-22.002(4) (2013). Drop-in childcare centers and urban child care centers are exempt from the outdoor play space requirement. §§ 402.302(6), 402.305(5), (6)(b), (14), Fla....
ON MOTION FOR REHEARING ZEHMER, Judge. The Department of Health and Rehabilitative Services’ (HRS) has filed an extensive motion for rehearing which raises serious questions concerning our construction of section 402.305(l)(a), Florida Statutes (1985)....
...HRS also admits it improperly failed to pursue alternatives less severe than emergency suspension of appellant’s license. The primary thrust of its motion is that we have misinterpreted the meaning of section 24, chapter 85-54, Laws of Florida, now codified in section 402.305, Florida Statutes (1985), by construing the statutory language as requiring judicial determination of a substantiated indicated report of abuse before the report can be used to presumptively disqualify a child care employee....
...has clear and convincing evidence to support a reasonable belief that the person is of good character as to justify an exemption. The per *851 son shall bear the burden of setting forth sufficient evidence of rehabilitation.... HRS contends preliminarily that we need not have construed the meaning of section 402.305(l)(a), Florida Statutes (1985), to resolve the issues presented on this appeal. For this reason, HRS contends, it could not have anticipated that we would reach the construction of the statute and, thus, it did not thoroughly brief the statutory construction issue. We disagree with HRS that construction of the language in section 402.305(1) was unnecessary....
...cates that both judicial determinations of abuse and substantiated indicated reports of abuse are sufficient to disqualify an individual from employment in a child care facility.” The bottom line for HRS, simply stated, is that our construction of section 402.305(l)(a) has effectively rendered meaningless any use of abuse registry clearance as a basis for disqualifying a person from employment in or holding a license to operate a child care facility....
...orida Statutes, which deals with dissolution of marriage and child custody. Again, it is patently clear that an act of domestic violence is likely to be “judicially determined” in court proceedings under section 741.30 or under chapter 61. Since section 402.305(l)(a) specifies no other basis for determining that a person has committed an act constituting domestic violence, it is only reasonable to conclude that the legislature contemplated a judicial determination thereof. Consequently, the term “judicially determined” must be read as relating to both the first and third phrases in the subject sentence of section 402.305(l)(a)....
...d indicated report of abuse.” HRS is incorrect in its contention that the only way to judicially determine an indicated report of abuse is through a crim *853 inal conviction. Such determinations may also be the subject of civil court proceedings. Section 402.305(l)(a) refers to a “substantiated indicated report of abuse as defined in section 415.503.” Section 415.-503(3) defines “child abuse or neglect” as meaning “harm or threatened harm to a child’s physical or mental health or...
....503 through 505. But no judicial proceedings, either civil or criminal, resulted from that indicated report, and the underlying facts have not been substantiated by judicial determination. That being so, the report does not meet the requirements of section 402.305(l)(a)....
...§§ 402.308(1), 402.312(1), Fla. Stat. (2013). The Legislature
has set minimum standards for licensure, including that the child care center have at least
forty-five square feet of outdoor play space per child, which must be fenced and free of
various hazards. § 402.305(6)(b), Fla. Stat. (2013); Fla. Admin. Code R. 65C-22.002(4)
(2013). Drop-in childcare centers and urban child care centers are exempt from the
2
outdoor play space requirement. §§ 402.302(6), 402.305(5), (6)(b), (14), Fla....
...1. Petitioner, EULA MAE CALHOUN’S, Family Day Care Home reapplication for licensure was denied by HRS on August 2, 1985. 2. HRS’s basis for denial of the Petitioner’s reapplication for license was based upon Chapter 85-54 Section 24, amending 402.305, Florida Statutes....
...cation for licen-sure.” On January 16, 1986, HRS adopted the hearing officer’s recommended order and denied Mrs. Calhoun’s reapplication for a family day care license. This appeal follows. II Mrs. Calhoun’s central position on appeal is that Section 402.305(l)(a)(26), Florida Statutes (1985) is unconstitutional on its face because it, in essence, creates an irre-buttable presumption of amorality based on a prior felony conviction for drug abuse and thereby terminates a valuable property right of Mrs....
...This is particularly true when, as here, the state seeks to disqualify a convicted felon from being licensed to operate a family day care center, as children of tender age in such centers are particularly vulnerable to moral and physical abuse by morally suspect adults. This being so, we think it clear that Section 402.305(l)(a)(26), Florida Statutes (1985), which by its plain terms disqualifies a person, like Mrs....
...estoration of *679 her civil rights, notwithstanding her prior felony conviction, if it concludes she has been rehabilitated — and, consequently, it cannot be said, as urged, that an irrebutta-ble presumption of moral unfitness has been imposed by Section 402.305(l)(a)(26), Florida Statutes (1985), so as to preclude Mrs....
...tellectual development and
care.” § 402.301, Fla. Stat. Toward that end, the legislature has expressed
that all “child care personnel shall be of good moral character.” §
402.301(2), Fla. Stat. Good moral character is based upon a screening. §
402.305(2), Fla....
...Appellants, P.T. and her husband R.T., appeal a final order of the Department of Health and Rehabilitative Services (Department), which rejected the hearing officer’s recommended order and determined that appellants are disqualified, pursuant to section 402.305(l)(a), Florida Statutes, from licensure to operate a child care facility. We affirm. P.T. applied under chapter 402 for licen-sure by the Department to operate a child care facility in her home. Section 402.305 sets forth minimum licensing standards and section 402.305(l)(a) sets minimum standards for the screening of “child care personnel.” According to 402.302(8), the term “child care personnel” includes any member, over the age of twelve years, of a child care facility operator’s family...
...d care personnel.” The Department denied P.T.’s application on the ground that R.T., who, as the husband of P.T. is included within the statutory definition of child care personnel, failed to meet the minimum standards for screening set forth in 402.305(l)(a)26, which provides that the minimum standards for screening “shall ensure that no child care personnel ......
...nt chapter 893. Chapter 893 was enacted in 1973 and continues to proscribe the sale of barbiturates as did chapter 404. Appellants argue that since R.T. pled to offenses under chapter 404, which, unlike chapter 893, is not specifically enumerated in 402.305(l)(a), his plea is not a bar to meeting the minimum standards for screening under section 402.305. The hearing officer agreed with appellants and concluded that no basis exists upon which to apply 402.305(l)(a)26 to them. The Department rejected that conclusion upon the following reasoning: The legislative intent under 402.305 is to “keep individuals who have violated drug laws away from children”; clearly the legislature did not intend the disqualification of 402.305(l)(a)26 “to apply only to individuals with criminal records acquired after 1973”; to find otherwise would result in absurdity. While we find no fault in the Department’s reasoning, we affirm its disqualification of appellants from licensure for a more simplistic and direct reason. The clear wording of 402.305(1) provides for the disqualification of an individual who has pled guilty to “any offense” prohibited under chapter 893....
...The statute does not require that the individual in question must have been found guilty or otherwise processed specifically under chapter 893. Since chapter 893 proscribes the previous chapter 404 offense to which R.T. pled guilty in 1971, that offense is now an “offense prohibited under Chapter 893.” Thus, clearly the 402.305(l)(a)26 criteria have been met in this case and the Department acted correctly in finding appellants *1226 disqualified under that statute. As recognized by the Department in the order on appeal, this disqualification determination is without prejudice to appellants’ right to request an exemption hearing pursuant to section 402.305(l)(c)2....
CLARK, J. All Saints Early Learning and Community Care, Inc., (“All Saints”) appeals the amended final order of the Department of Children and Families (“DCF”) finding that on December 21, 2010, All Saints violated a licensing standard under section 402.305(l)(a), Florida Statutes, as implemented by rule 65C-22.001(5)(a), Florida Administrative Code, by failing to provide the required level of supervision of a child in its care....
...at superior) for the actions or inaction of its employees in carrying out child care responsibilities. Analogizing to another negligence term — negligence per se — the dangerous situation presented in this case was just the sort of harm sections 402.305 and 402.310 were enacted to prevent and address.
Mr. William R. Lisch City Attorney City of Bradenton 519 13th Street, West Bradenton, Florida 33505 Dear Mr. Lisch: This is in response to your request for an Attorney General's Opinion on the following questions: 1. HAS THE STATE, BY SECTION 402.305 OF THE FLORIDA STATUTES, PREEMPTED UNTO ITSELF AND HRS THE ESTABLISHMENT OF FIRE SAFETY STANDARDS FOR CHILD DAY CARE CENTERS, SO AS TO PREVENT THE ENFORCEMENT OF FIRE SAFETY STANDARDS AS LISTED IN NFPA 101? 2....
...surroundings, and healthful food. All standards established under the act (Ch. 83-248, Laws of Florida) are to be in accordance with child care standards pursuant to rules promulgated and utilized by the State Fire Marshal for child care facilities. Section 402.305 , F.S. The minimum standards for child care facilities are to include the following areas: personnel, physical facilities, sanitation and safety, nutritional practices, admissions and record keeping and transportation safety. Section 402.305 , F.S. Rules of the Department of Health and Rehabilitative Services, contained in Rule Ch. 10M-12, F.A.C., implement and provide for the minimum standards in the areas specified in subsections (1)-(6) of s 402.305 , F.S....
...."; s 402.301 , F.S., stating that it is the legislative intent "to ensure maintenance of these standards [as prescribed in the act], and to approve county administration and enforcement to regulate conditions in such facilities through a program of licensing . . ." (e.s.); s 402.305 , F.S., prescribing licensing standards; s 402.308 , F.S., regarding the issuance of licenses; s 402.310 , F.S., describing disciplinary actions and administrative fines for violation of the provisions of the act or the rules promulgated ther...
COBB, Chief Judge. Under section 402.305(1)(a), Florida Statutes (1985), the legislature provided for minimum screening standards in child care facilities that preclude from employment any personnel who previously committed certain enumerated crimes, whether in Florida or elsewhere....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
