PALM BEACH COUNTY
GOVERNING
CHILD CARE FACILITIES
Including, but not limited to: child care centers, pre-elementary
school programs, before-and after-school care, school-age child care,
drop-in child care, indoor recreational facilities, and specialized
child care for mildly ill.
August 16, 2011
CHAPTER 1. CHILD CARE FACILITES
ARTICLE I. Short Title and Applicability
ARTICLE II Authority
ARTICLE III Definitions
Child Care Facility
Child Enrichment Service Provider
Drop-in Child Care
High School Diploma
Infant
Staff/Personnel
Substitute
Usable Space
Violation
Volunteer
ARTICLE IV Licensure Procedure
License/Certificate Required
Child Care Advisory Council
License Application
License Renewal
Provisional License
Probationary License
Advertisements
Fees
ARTICLE V Denial or Revocation of License or Certificate
Exclusion from owning, operating, or employment
Denial or revocation hearings
ARTICLE VI Personnel Training
40-hr. Introductory Training
Exemptions
Early Literacy & Language Development
Documentation of Training
Director Credential
Immunization and Health Records
Annual In-Service Training
i
Staff Credential
First Aid and CPR
ARTICLE VII Background and Screening Requirements
Exceptions
Responsibility
Disqualification
Re-screening
Applicant’s History
ARTICLE VIII Supervision and Staffing Requirements
Operator/Director
Staff
Staff-Children Ratios
Supervision
Commingling
ARTICLE IX Daily Program and Discipline
ARTICLE X Physical Facilities
General Requirements
Water Hazards
Lead-based paint hazards
Toxic materials
Heating and ventilation
Firearms
Radon Testing and Reporting
Mop Sink or Janitorial Sink
Drinking Fountains
Control Point Required
Indoor Space and Outdoor Play Area
Napping/Sleeping
Toilet Facilities
Isolation Areas
Fire and Emergency Planning
Infant Care Requirements
Equipment
ARTICLE XI Food Service Requirements
ii
ARTICLE XII Nutrition
ARTICLE XIII Medicine, First Aid and Emergency Procedures
First Aid
Emergency Procedures
Medication
Topical Non-medicated Physical Barriers
ARTICLE XIV Communicable Disease Control
Outbreak Notification
Appropriate Sanitizers
Influenza Prevention
ARTICLE XV Admission, Assessment, and Record Keeping
Access to Records
Enrollment Information
Health Examination & Immunization
Personnel Records
Other Records
Attendance logs
Incident Reports
Fire Drills
Specialized Child Care
ARTICLE XVI Child Care During Nighttime Hours
ARTICLE XVII Transportation
General
Supervision
Loading, Unloading, and Tracking Children
Child Safety Alarm Device
ARTICLE XVIII Field Trips and Swimming Activities
ARTICLE XIX Specialized Child Care for Mildly Ill
ARTICLE XX Classification of Violations
ARTICLE XXI Enforcement
iii
PALM BEACH COUNTY RULES & REGULATIONS GOVERNING CHILD CARE
FACILITIES
Chapter 1 CHILD CARE FACILITIES
ARTICLE I. SHORT TITLE AND APPLICABILITY
A. These rules and regulations shall be known as the “Palm Beach County Rules and
Regulations Governing Child Care Facilities”.
B. All provisions of these rules and regulations shall be effective within the unincorporated and
incorporated areas of Palm Beach County, Florida.
C. These rules and regulations shall be construed to effect the purposes of protecting the health,
safety and welfare of the children of Palm Beach County and promoting their emotional and
intellectual development and care. These rules shall be the minimum standards for facilities
providing child care in Palm Beach County.
D. These rules and regulations shall apply to all child care facilities located in Palm Beach
County. Unless otherwise provided herein, strict compliance with the rules shall be required.
ARTICLE II. AUTHORITY
These rules and regulations are adopted under the authority of Chapter 59-1698, Special Acts,
Laws of Florida, as amended.
ARTICLE III. DEFINITIONS
For the purpose of these minimum standards, the following terms shall have the meaning
indicated in this article. No attempt is made to define ordinary words which are used in
accordance with their established dictionary meaning except when necessary to avoid
misunderstanding.
1. Adult -- A person eighteen (18) years of age or older.
2. Before-school and after-school sites -- Programs, no matter their location, providing child
care for children who are five years old and above, when they are enrolled in and
attending a kindergarten program or grades one (1) and above, during the school district’s
calendar year. This is limited to programs providing care before and after the school day
only, teacher planning days, holidays, and intercessions that occur during the school
district’s official calendar year.
3. Cardiopulmonary resuscitation -- Current certification in infant and child
cardiopulmonary resuscitation (“CPR”), an emergency procedure for sustaining breathing
and heartbeat until professional help arrives.
Article III - Definitions 1
4. CDA Equivalency or State approved CDA Equivalency -- A training program that has
been approved by the Department of Children & Families as meeting or exceeding the
criteria established for an equivalency program.
5. Certificate of compliance -- A document issued in lieu of a license to a bona fide religiously
affiliated child care programs that complies with the minimum standards of health and safety
set forth in these rules, and which apply for such certificate. Unless specifically indicated in
these rules, all rules and regulations applicable to licensed child care facilities apply equally
to certificate of compliance facilities.
6. Certificate of substantial compliance -- A document in the form of a certificate, issued in lieu
of a license to a non-public school for a program for children who are at least three (3) years
of age, but under (5) five years of age that need not be licensed provided: (i) the programs in
the non-public schools are operated and staffed directly by the non-public schools; (ii) a
majority of the children enrolled in the schools are five (5) years of age or older; (iii) there is
compliance with the screening requirements for personnel pursuant to these rules; and (iv)
the program substantially complies with the minimum child care standards promulgated by
these rules. All rules and regulations applicable to licensed facilities apply equally to
certificate of substantial compliance facilities, unless specifically exempted herein.
7. Child -- A person less than thirteen (13) years of age who is related to the operator of a
facility regulated hereunder, and all other persons less than eighteen (18) years of age.
8. Child care -- The care, protection and supervision of children for a period less than twenty-
four (24) hours a day on a regular basis which supplements parental care, enrichment and
health supervision for children in accordance with individual needs, and for which
compensation is received in the form of a payment, fee, grant, services, or goods in kind. In
addition, facilities which are held out to be establishments which regularly provide child
custodial care shall be deemed child care facilities regardless of whether compensation is
received, and be subject to the requirements herein.
9. Child Care Advisory Council -- An entity appointed by the Board of County Commissioners
of Palm Beach County, sitting as the Child Care Facilities Board, to serve on behalf of the
Board of County Commissioners as to the issuance and revocation of licenses or certificates,
and to advise the Board as to the rules and regulations necessary to protect the health and
safety of children in child care facilities. The term “Council” may be used interchangeably
with “Child Care Advisory Council.” The Department shall serve as staff to the Council.
10. Child care facility -- Any building or shelter in which custodial care is rendered to six (6) or
more children, and for which compensation is received in the form of a payment, fee, grant,
goods or services in kind for any of the children receiving care, whether or not operating for
profit or which is held out to the public to be an establishment which regularly provides child
custodial care. The term also refers to the child care operation associated with the building
or shelter, and for the purposes of these rules also includes specialized child care facilities for
the mildly ill. Establishments which obtain a certificate of compliance, or certificate of
substantial compliance, are also considered child care facilities for the purposes of this rule.
For the purposes of these rules, the term “facility” also means child care facility.
Article III - Definitions 2
A. The following are not included within the meaning of child care facility:
i. Public schools and non-public schools and their integral programs, except as
provided herein.
ii. Summer twenty four (24)-hour camps having children in full-time residence.
Summer twenty four (24)-hour camp means recreational, educational and other
enrichment programs operated during summer vacations for children who are five
(5) years of age or older on or before September 1
st
of the calendar year. Such
programs are not exclusively educational, pursuant to section 409.175 (2)(m),
Florida Statutes, as amended or replaced.
iii. Summer day camps as defined in section 409.175 (2)(l) Florida Statutes, as
amended or replaced. Summer day camp means recreational, educational and
other enrichment programs operated during summer vacations for children who
are five (5) years of age or older on or before September 1
st
of the calendar year.
iv. Bible schools normally conducted during vacation periods.
v. Operators of transient establishments licensed under Chapter 509, Florida
Statutes, as amended or replaced, that provide child care services solely for the
guests of their public lodging establishment, provided all child care personnel of
the establishment are screened according to the Level 2 screening requirements of
Chapter 435, Florida Statutes, as amended or replaced.
vi. Hospitals maintaining current Joint Commission for the Accreditation of Health
Care Organizations (JCAHO) accreditation, operating hospital based child care for
mildly ill children.
B. For public and non-public schools, the following shall apply:
i) Public schools:
(a) The following programs for children shall not be deemed to be child care
and shall not be subject to the provisions of these rules (except for screening of
personnel).
1. Programs for children in five-year-old kindergarten and grades one (1) or
above.
2. Programs for children who are at least three (3) years of age, but who are
under five (5) years of age, provided the programs are operated and staffed
directly by the schools and provided the programs meet age-appropriate
standards as adopted by the State Board of Education.
Article III - Definitions 3
3. Programs for children under three (3) years of age who are eligible for
participation under the existing or successor provision of Public Law 94-142
{The Individuals with Disabilities Education Act (IDEA)} or Public Law 99-
457 {Education of the Handicapped Act (EHA)}, provided they are operated
and staffed directly by schools and meet age-appropriate standards as
adopted by the State Board of Education.
(b) The following programs for children shall be considered child care and shall
be subject to the provisions of these rules:
1. Programs for children who are under five (5) years of age where the
programs are not operated and staffed directly by the schools.
2. Programs for children under three (3) years of age who are not eligible for
participation in the programs under existing or successor provisions of
Public Law 94-142 or Public Law 99-457.
ii) Non-public schools:
a. Programs for children under three (3) years of age shall be considered child care
and subject to the provisions of these rules.
b. A non-public school may designate certain programs as child care in which case
the program will be subject to the provisions of these rules. As such, these
programs shall operate subsequent to obtaining a child care license or applicable
certificate pursuant to Article IV.A. of these rules.
c. Programs for children in five (5)-year-old kindergarten, or grade one (1), or above,
are exempt from the provisions of these rules.
d. Programs for children who are at least three (3) years of age, but under (5) five
years of age need not be licensed provided:
1) the programs in the schools are operated and staffed directly by the
schools;
2) a majority of the children enrolled in the schools are five (5) years of
age or older;
3) there is compliance with the screening requirements for personnel
pursuant to these rules; and
4) the program substantially complies with the minimum child care
standards set forth by these rules.
After demonstrating to the Palm Beach County Health Department that
said standards have been met, submission of documentation pursuant to
Article IV (A) herein, and payment of applicable fees, such programs may
be given a certificate of substantial compliance in lieu of a license.
Article III - Definitions 4
Facilities which request a certificate of substantial compliance shall, prior
to receiving the initial certificate of substantial compliance and prior to
annual renewal, submit documentation pursuant to Article IV of these
rules.
Before- and after-school program’s enrollment will not be counted in
determining the majority of the children in non-public schools.
e. Before- and after-school programs:
(1) All child care facilities providing before- and after-school programs or sites, as
defined in Article III (B) herein, shall be licensed or have a certificate of
compliance.
(2) Exceptions:
a. Before- and after-school programs or sites operated and staffed directly by public
and non-public schools and serving only children enrolled in their regular school
program are not subject to these rules.
b. An after-school program serving school age children is not required to be
licensed as a child care facility if the program meets one of the following criteria:
1. Program provides activities that are strictly instructional or tutorial/academic
in nature. These programs cannot extend beyond the instructional and
tutorial/academic activities of that program and cannot serve or prepare meals.
The program may choose to provide drinks, snacks, and vending machine
items that do not require refrigeration or preparation. Some examples of these
programs include, but are not limited to, computer class; ballet; karate;
gymnastics; baseball, and other sports; or
2. Program meets all of the following criteria:
a. Serves children in the 6
th
grade level or above; and
b. Operates for a period not to exceed a total of four hours in any one day;
however, the program may extend to providing services before school,
on teacher planning days, holidays, and intercessions that occur during
the school district’s official calendar year; and
c. Allows children to enter and leave the program at any time, without
adult supervision; and
d. Does not provide any transportation, directly or through a contract or
agreement with an outside entity, for the purpose of field trips, during
the hours of operation; and
e. Does not serve or prepare any meals or snacks. The program may
choose to provide drinks, snacks, and vending machine items that do not
require preparation or refrigeration.
Article III - Definitions 5
13. Child Development Associate (CDA) - A national credential, recognized throughout the
United States and the world, issued by the Council for Early Childhood Professional
Recognition in Washington, DC.
14. Child Care Facilities Board -- The Board of County Commissioners of Palm Beach
County sitting as the local licensing agency to license child care facilities in Palm Beach
County. The term “Board” may be used interchangeably with “Child Care Facilities
Board”.
15. Child Care for Mildly Ill Children – The care of children with short term illness or
symptoms of illness or disability, provided either as an exclusive service in a center
specialized for this purpose, or as a component of other child care services offered in a
distinct part of a regularly licensed child care facility, for a period of less than 24 hours
per day.
16. Child enrichment service provider - An individual who provides enrichment activities,
such as language training, music instruction, educational instruction, and other
experiences, to specific children during a specific time that is not part of the regular
program in a child care facility.
17. Commingle -- Placing or allowing children less than twenty-four (24) months of age
(infants) to share the same area or space with children two (2) years of age or older.
18. Conspicuously posted –Clearly visible, immediately apparent upon entering the room.
Lettering on such materials produced by the facility shall be bold-faced, easily readable,
and no smaller than one (1) inch in height.
19. Contagious disease – A type of infectious disease caused by receiving living germs
directly from the person afflicted with the disease, or by contact with a secretion of the
afflicted person, or by some object handled or used by an afflicted person.
20. Continuing Education Unit (CEU) – A standard unit of measure of coursework used for
training and credential purposes.
21. Custodial care -- Child care as previously defined herein, for the purposes of these rules.
22. Department -- The Palm Beach County Health Department.
23. Director – The on-site administrator or individual who has primary responsibility for the
day-to-day operation, supervision, and administration of a child care facility. The term is
used synonymously with “operator.”
24. Director Credential -- A Florida Department of Children and Families (DCF) -approved
comprehensive credential that consists of educational and experiential requirements as
referenced in Rule 65C-22.003(8), F.A.C., as amended or replaced.
25. Disinfection – The destruction or elimination of most or all disease-causing
microorganisms.
Article III - Definitions 6
26. Drop-in child care -- Child care provided in a child care facility located in a shopping
mall or business establishment, where a child is in care for no more than a four (4) hour
period, and where the parent or person leaving the child at the drop-in care facility
remains on the premises of the shopping mall or business establishment at all times while
the child is in care. Drop-in child care arrangements shall be licensed and shall meet all
the requirements for child care facilities unless specifically exempted herein. Drop-in
child care shall not refer to similar child care arrangements in health clubs/spas/gyms,
bowling alleys, athletic training/instructional facilities, or to short term care in a licensed
child care facility. A determination as to status as a drop-in child care facility will be
made by the Department on a case by case basis.
27. Fictitious name documentation – (1) A copy of the applicant’s, license holder’s, or
certificate holder’s current fictitious name registration, issued by the Division of
Corporations of the Florida Department of State; or (2) a written statement by the
applicant, certificate holder, or license holder setting forth the reason why compliance
with the Fictitious Name Act (section 865.09, Florida Statutes, as amended or replaced) is
not required.
28. Field trip -- Any excursions from the premises of a child care facility, excluding regular
transportation to and from the facility for child pick up and delivery.
29. First-aid training -- refers to a current certification card in a course of instruction
designed to provide fundamental principles, knowledge, and skills in first-aid and
accident prevention equivalent to the Red Cross Standard First-Aid Course. Such course
shall be a “hands-on course” with real time classroom instruction.
30. Florida Child Care Professional Credential (FCCPC) – A credential pursuant to Section
402.305(3)(b), F.S., that certifies successful completion of a DCF-approved training
program, that consists of a minimum of 120 hours of early childhood instruction, 480
contact hours with children ages birth through eight years, and at least two methods of
formal assessment that offers two areas of certification. “Birth Through Five” (formerly
the DCF-approved CDA Equivalency training programs) and “School-Age” (formerly the
Florida School-Age Certification). Credentials must be documented on CF-FSP Form
5270, April 2006, Florida Child Care Professional Credential Certificate, A copy of CF-
FSP 5270 may be obtained from the Florida Department of Children and Families’
website at www.myflorida.com/childcare. Active credentials are valid for five years from
the date of issuance. A list of approved and recognized FCCPC programs may be
obtained from the Department of Children and Families’ website at
www.myflorida.com/childcare
31. Florida Department of Education Child Care Apprenticeship Certificate (CCAC) – A
DCF approved child care credential that consists of a minimum of 120 hours of early
childhood instruction and 480 contact hours with children ages birth through eight (8)
years and meets or exceeds the requirements outlined in s. 402.305(3)(c), F.S. A list of
approved and recognized DOE programs may be obtained on the Department of Children
and Families’ website at www.myflorida.com/childcare.
Article III - Definitions 7
32. Florida Department of Education Early Childhood Professional Certificate (ECPC)” - A
DCF- approved child care credential that consists of a minimum of 120 hours of early
childhood instruction and 480 contact hours with children ages birth through eight (8)
years and meets or exceeds the requirements outlined in s. 402.305(3)(c), F.S. A list of
approved and recognized DOE programs may be obtained on the Department of Children
and Families’ website at www.myflorida.com/childcare
33. Florida Department of Education School-Age Professional Certificate (SAPC)” - A
DCF-approved child care credential that consists of a minimum of 120 hours of early
childhood instruction and 480 contact hours with school-age children and meets or
exceeds the requirements outlined in s. 402.305(3)(c), F.S. A list of approved and
recognized DOE programs may be obtained on the Department of Children and Families’
website at www.myflorida.com/childcare
34. Group – A facility-designated unit of children usually organized by age-group that are
under the care and supervision of the same designated staff member(s), and are engaged in
the same program of activities at the same time in the same room or common area.
35. Handicapped child -- A child with deafness, hearing impairment, blindness, visual
impairment, musculoskeletal handicap, speech impairment, health or developmental
impairment, mental retardation, serious emotional disturbance, specific learning disability,
who by reason thereof requires special services.
36. Health Department -- The Palm Beach County Health Department of the Florida
Department of Health, which is responsible for carrying out the administrative and
financial duties of the Board and for inspecting child care facilities in Palm Beach County
to insure compliance with these rules and regulations as well as with applicable state laws.
For the purposes of these rules, the Palm Beach County Health Department may also be
referred to herein as the Department.
37. Health Provider Consultant – A Florida licensed pediatric physician; a Florida licensed
family practitioner; a physician’s assistant with appropriate pediatric experience; an
advanced registered nurse practitioner (ARNP) with appropriate pediatric experience; or a
registered nurse with experience in pediatric nursing, who supervises or provides direction
to the licensed health caregiver, and is available for consultation.
38. High School Diploma, GED and/or College Degree - A diploma or degree obtained from
an institution accredited and recognized by U.S. Department of Education. High school
diplomas issued by private schools that are registered with the Florida Department of
Education will be accepted. If a high school diploma is earned outside the U.S., it must
be translated by an individual who is a member of the American Translators Association,
an approved credential evaluation agency approved by the Bureau of Educators
Certification, or an accredited college/university. If a college degree is earned outside the
U.S., it must be evaluated by an approved credential evaluation agency approved by the
Bureau of Educators Certification or an accredited college/university to be equivalent to a
U.S. degree.
Article III - Definitions 8
39. Indoor recreational facility -- An indoor commercial facility which is established for the
primary purpose of entertaining children in a planned fitness environment through
equipment, games, and activities in conjunction with or without food service, and which
provides child care for a particular child no more than four (4) hours on any one day. An
indoor recreational facility must be licensed as a child care facility pursuant to these rules,
but is exempt from the minimum outdoor-square-footage-per-child requirement specified
in Article X(B) of these rules, if the indoor recreational facility has, at a minimum, 3,000
square feet of usable indoor floor space designated for indoor play or fitness activities.
40. Infant -- A child less than twenty-four (24) months of age.
41. Isolation area –
a. In a facility not providing specialized child care for the mildly ill, this shall be a
room or area, adequately ventilated and heated, provided for the temporary
isolation of children with communicable diseases or who are displaying signs of
illness and are waiting to be picked up by the parent or guardian. This room or area
is to be conveniently located near hand washing and toilet facilities and must be in
an easily observable location. Such an area or room must be provided with a cot,
mat, or bed consisting of materials that can be sanitized easily.
b. In a facility providing specialized child care for the mildly ill, this shall be a room
or a series of rooms within the child care facility for mildly ill children, which
provides separate airflow, and physical separation, from the rest of the facility. The
isolation area must include a separate toilet, hand washing facility and diaper
changing area. This area shall only be utilized when caring for children with
contagious diseases.
42. License – A written operating permit issued to the owner of a care child care facility by
the department pursuant to Chapter 59-1698, Special Acts, Laws of Florida as amended.
This permit verifies that the child care facility complied with minimum health and safety
standards as set forth in these rules, and is permitted to operate in Palm Beach County
subject to conditions documented on the permit. Regardless of the issue date, a license
expires December 31 of each year. A certificate of compliance or a certificate of
substantial compliance may be issued in lieu of a license for designated types of child care
facilities.
43. Licensed capacity -- The maximum number of children or infants that may be cared for by
a facility at any one time whether on or off facility premises. This includes children away
from the facility on field trips. Licensed capacity shall be based on the minimum
requirements of these rules including indoor usable space measurements, outdoor play
area measurements, as well as the number of toilets, lavatories, and water fountains. For
the purposes of this rule, licensed capacity is the equivalent of the approved capacity in
facilities receiving certificates in lieu of a license.
44. Licensed Health Caregiver –At a minimum a licensed practical nurse who has knowledge
and experience in the routine medical needs of mildly ill children, is trained to perform
the written physical assessment, and is under the direction of a health provider consultant.
Article III - Definitions 9
45. Medication -- A drug or other substance used as a remedy for, or prevention of illness:
(a) Recognized in the official United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, official National Formulary, or any supplement
thereto;
(b) Intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention
of disease in man or other animals;
(c) Intended to affect the structure of any function of the body of man or other animals;
(d) Intended for use as a component of any article specified in paragraph (a), paragraph
(b), or paragraph (c), but does not include devices, their components, parts, or
accessories; or
(e) Does not include topical non-medicated physical barriers as defined in Article XIII
(D).
46. Mildly Ill children – Children exhibiting illnesses or symptoms of illnesses which have
caused or would cause them to be excluded from regular child care settings, as defined in
Article XIV (A) herein, and who need special attention and supervision, and meet the
admission criteria for mildly ill programs as described in Article XV (F) of these rules.
47. Nighttime care – Child care provided during the evening hours and may encompass the
hours of 6:00 PM to 6:00 AM to accommodate parents who work evenings and late-night
shifts. This term has the same meaning as “evening care” under 402.302, Florida Statutes
48. Operator/director -- Any onsite administrator or individual of a child care facility who
has the primary responsibility for the day-to-day operation, supervision and administration
of the child care facility.
49. Owner -- The person(s) or entity who bear(s) legal ownership of the child care facility
operation or business and has ultimate responsibility for the overall operation,
administration and compliance with rules and regulations governing child care facilities.
This responsibility shall not be delegated or assigned.
50. Parent -- A person with legal custody of a child in care such as a mother, father, or legal
guardian.
51. Sanitize – The application of an appropriate germicidal solution or agent to reduce the
number of disease-causing or other undesirable microbes by at least 99.9% on nonliving
surfaces or objects with which children have regular or frequent contact.
52. Screening -- The act of assessing the background of child care personnel and includes, but
is not limited to, employment history checks, local criminal records checks through local
law enforcement agencies, fingerprinting for all purposes and checks in this subsection,
Article III - Definitions 10
statewide criminal records checks through the Department of Law Enforcement, and
federal criminal records checks through the Federal Bureau of Investigation; except that
screening for volunteers included under the definition of personnel includes only local
criminal records checks through local law enforcement agencies for current residence and
residence immediately prior to employment as a volunteer, if different, and statewide
criminal records correspondence checks through the Department of Law Enforcement.
53. School-aged child care –Child care provided for school aged children, that is, children
five (5) years of age and older, and provided in a manner and setting not exempted
elsewhere in these rules.
54. Snack –A commercially pre-packaged non-potentially hazardous ready-to-eat-food item
that is wrapped for individual consumption. This also includes fresh, whole, uncut, ready-
to-eat non-potentially hazardous fruits and vegetables.
55. Specialized Child Care Facilities for the Care of Mildly Ill Children -- Any child care
facility, which provides child care for more than five mildly ill children unrelated to the
operator and, which receives a payment, fee, or grant for any of the children receiving
care, wherever operated, and whether or not operated for profit, for a period of less than
24 hours per day. Specialized child care facilities may provide care for mildly ill children
in a facility specialized for this purpose, or as a component of other child care services
offered in a distinct and separate part of a regularly licensed child care facility.
56. Staff/personnel -- All owners, operators, employees, substitutes, and volunteers working
in a child care facility. The term does not include persons who work in a child care facility
after hours when children are not present or parents of children in Head Start. For
purposes of screening, the term includes any member, over the age of twelve (12) years, of
a child care facility operator's family, or person, over the age of twelve (12) years, residing
with a child care facility operator if the child care facility is located in or adjacent to the
home of the operator or if the family member of, or person residing with, the child care
facility operator has any direct contact with the children in the facility during its hours of
operation. Members of the operator's family or persons residing with the operator who are
between the ages of twelve (12) years and eighteen (18) years shall not be required to be
fingerprinted but shall be screened for delinquency records. A volunteer who assists on an
intermittent basis for less than 10 hours per month is not included in the term "personnel"
for the purposes of screening and training, if a person who meets the screening
requirement of section. 402.305(2), Florida Statutes, is always present and has the
volunteer in his or her line of sight. Students who observe and participate in a child care
facility as a part of their required coursework shall not be considered child care personnel,
provided such observation and participation are on an intermittent basis and the students
are under direct and constant supervision of child care personnel.
57. Students -- Students who observe and participate in child care as part of their required
course work. These students at all times shall be under direct and constant supervision of
child care personnel. Students shall not be considered staff.
Article III - Definitions 11
58. Substantial compliance -- That level of adherence to child care rules and regulations
which is sufficient to safeguard the health, safety and well-being of all children under
care. Substantial compliance is greater than minimal adherence, but not to the level of
absolute adherence. Where a violation or variation is identified as the type which impacts,
or can be reasonably expected within ninety (90) days to impact, the health, safety or well-
being of a child, there is no substantial compliance.
59. Substitute -- Any fully screened and trained adult engaged to provide care for children in
the absence of regular staff persons. This does not include volunteers.
60. Training Coordinating Agencies -- Authorized contract providers, designated by the
Department of Children & Families, and responsible for the coordination of child care
personnel training at the district/regional level.
61. National Early Childhood Credential (NECC) - An early childhood credential, pursuant
to s. 402.305(3)(c), F.S, approved by the DCF and recognized by licensing authorities in
at least five (5) states that incorporates 120 hours of early childhood instruction, 480
contact hours with children ages birth through eight (8) years and includes at least two (2)
methods of formal assessment. This includes the Child Development Associate (CDA)
credential issued by the Council for Professional Recognition in Washington, DC. A list
of approved and recognized NECC programs may be obtained on the Department of
Children and Families' website at www.myflorida.com/childcare.
62. Training Transcript –The electronic documentation of Florida statutorily mandated
training and staff credential qualifications for child care personnel. Training transcripts
may be downloaded on the Department of Children and Families’ website at
www.myflorida.com/childcare .
63. Usable space -- Those areas available for indoor play, classrooms, work area, napping
space, or sleeping space. Usable space does not include areas occupied by hallways,
stairways, toilet facilities, bath facilities, kitchens, offices, storage areas, permanent
fixtures, non-movable furniture, and other areas not used in normal day to day operations.
Shelves or storage for toys and other materials shall be considered usable space if
accessible to children.
64. Violation – Noncompliance with any provision of these rules or applicable provisions of
§§. 402.301 - 402.319, Florida Statutes, as amended or replaced.
65. Volunteer -- A person who assists staff in the care, protection, and supervision of children
who has not met all minimum training and other requirements imposed on child care
personnel by these rules and regulations. Unless otherwise specifically provided herein, a
volunteer will not be considered staff for purposes of supervision and staff ratio
requirements.
66. Weekend child care -- Child care provided on weekends, and may encompass the hours
between 6 p.m. on Friday and 6 a.m. on Monday.
Article III - Definitions 12
ARTICLE IV. LICENSURE PROCEDURE
A. License or certificate required.
1. It shall be unlawful for any person, firm or corporation to establish, maintain, or operate a
child care facility in Palm Beach County, without first obtaining a license or certificate
pursuant to these rules and regulations.
(a) Certificate of Compliance Facilities:
Bona fide religiously affiliated child care programs, which comply with these
minimum standards of health, safety and well-being, as specified herein, after
demonstrating to the Department and the Child Care Advisory Council that said
standards have been met, and after payment of applicable fees, may be given a
certificate of compliance in lieu of a license. Institutions qualifying for certificates
of compliance must submit a statement of purpose and intent. It is understood that
freedom of religion as expressed in the Florida and Federal constitutions shall
remain inviolate. Moreover, institutions receiving certificates of compliance do so
with the willingness to abide by rules relating solely to the health, safety and well-
being of the children. Acceptance of a certificate of compliance shall in no way
constitute a waiver of any institution's right to legally challenge any rule or
regulation embodied herein.
(b) Certificate of Substantial Compliance Facilities:
Non-public schools in which certain programs are deemed by the Department as
child care are subject to the provisions of these rules. Non-public school programs
for children who are at least three (3) years of age, but under (5) five years of age
need not be licensed provided: a) the programs in the non-public schools are
operated and staffed directly by the non-public schools; b) a majority of the
children enrolled in the non-public schools are five (5) years of age or older; c)
there is compliance with the screening requirements for personnel pursuant to these
rules; and d) the program substantially complies with these minimum child care
standards. After demonstrating to the Department that substantial compliance has
been met, and after payment of applicable fees, such programs may be given a
certificate of substantial compliance in lieu of a license, subject to Council
approval.
Where a violation or deviation from these rules is identified as the type which
impacts, or can be reasonably expected within ninety (90) days to impact, the
health, safety or well-being of a child, there is no substantial compliance, and a
childcare license shall be required.
2. THE CHILD CARE ADVISORY COUNCIL
(a) The Board of County Commissioners of Palm Beach County, Florida, acting in the
capacity as the Child Care Facilities Board is the local licensing agency to license
Article IV: Licensure Procedure 13
child care facilities in Palm Beach County. The Board has designated the Child
Care Advisory Council to act on the Board's behalf for the purpose of issuance and
revocation of licenses, certificates of compliance, and certificates of substantial
compliance. The Department shall serve as staff to the Child Care Advisory
Council.
(b) Appointment and Termination
(i) In accordance with Chapter 59-1698, Special Acts, Laws of Florida, as
amended, the Palm Beach Board of County Commissioners, sitting as the
Child Care Facilities Board, shall appoint a Child Care Advisory Council.
Members of the Child Care Advisory Council shall serve at the pleasure of
the Board of County Commissioners and may be removed without cause at
any time. The Council shall be composed of seven members consisting of the
following: Two members who represent and operate as a private enterprise a
facility regulated hereunder; one of whom operates a family day care home or
a large family child care home. One member who represents and operates a
parochial facility regulated hereunder. One member who represents a
consumer protection enforcement official. One member for fire protection,
engineering, or technology. One member who at the time of appointment was
a parent of a child in a facility regulated hereunder. One member who
represents the Department of Children & Families.
(ii) The Council shall make a recommendation to the Child Care Facilities Board
for removal of members for lack of attendance. Lack of attendance is defined
as a failure to attend three consecutive meetings or a failure to attend at least
two-thirds of the meetings scheduled during a calendar year. An exception
may be made for extenuating circumstances involving serious illness.
However, the exception would only allow for absence from four consecutive
meetings. Participation for less than three-fourths of a meeting shall be the
same as a failure to attend a meeting. Special meetings shall not be counted
towards the attendance requirements.
(iii) In the event that any council member is no longer a qualified elector, or the
member is convicted of a felony or an offense involving moral turpitude
while in office, the Child Care Facilities Board shall terminate the
appointment of the member.
(c) Officers:
At an annual organizational meeting, the Council shall elect a Chair and Vice-Chair
from among the members. The term of Chair and Vice-Chair shall be one year. The
Chair shall be in charge of all procedures before the Council and shall take such
action as shall be necessary to preserve the order and integrity of all proceedings
before the Council. In the absence of the Chair, the Vice-Chair shall act as Chair and
shall have all the powers of the Chair.
Article IV: Licensure Procedure 14
(d) Rules of Procedure:
(i) Quorums:
The presence of a majority of the members of the Council shall constitute a
quorum necessary to take action and transact business. All actions shall
require a simple majority of the quorum present and voting at the meeting. In
the event of a tie vote, the motion shall fail. No member shall abstain from
voting unless the member has a voting conflict pursuant to State of Florida
law.
(ii) Robert’s Rules of Order:
All meetings shall be governed by Robert’s Rules of Order.
(e)Meetings
(i) The location of all meetings shall be in Palm Beach County, Florida.
(ii) If a matter is postponed due to lack of a quorum, the item shall be
scheduled to the next regularly scheduled meeting, unless a Special Call
meeting is convened.
(iii) Special Call meetings may be called by the Chair of the Council, in
writing by a majority of the members of the Council or orally by a majority
of the members of the Council at any meeting.
(iv) All meetings and public hearings shall be open to the public.
(v) All meetings shall be set for time certain after due public notice. Due
public notice shall include notification that a record is required to appeal a
final decision of the Council pursuant to F.S. § 286.0105, as amended or
replaced.
3. The director of the Department or his/her representative is charged with the administration
and financial responsibility of carrying out the duties of the Board, including, but not
limited to, issuing licenses or certificates after approval and inspecting child care facilities,
as required by these rules and regulations.
4. License Application
Application for a child care facility license, certificate of compliance, or certificate of
substantial compliance shall be made in writing on a form, and containing such
information, as prescribed by the Department. The application for licensure is not
complete until all required information and supportive documentation are submitted to the
department.
Article IV: Licensure Procedure 15
All applications for new facilities, change of ownership, addition of service, change in use
or increase in capacity of facilities must be submitted to the Department for review prior to
licensure or issuance of applicable certificate. Applications, with the required
substantiating documentation, must be submitted to the Department at least three (3)
weeks prior to the scheduled monthly meeting of the Palm Beach County Child Care
Advisory Council. An application for change of ownership means an application for
licensure or certificate on a currently approved facility from any person or persons,
including corporations and other distinct entities, other than the current license holder or
certificate holder.
Applications for certificate of substantial compliance shall likewise be submitted to the
Department with substantiating documentation for review and approval prior to the
Department’s issuance of said certificate. In lieu of an application form, applicants for
certificate of substantial compliance shall submit a completed non-public school &
preschool program information form.
In the case of corporate ownership, a change of ownership shall include each time the
stock ownership is changed so as to effectively put the child care facility under new
management or control, as evidenced by a change in corporate officers, corporate directors
and/or facility directors. A change of ownership does not occur within the meaning of this
rule if the existing corporate entity, with or without the execution of a Name Change
Amendment, makes no changes which effectively place the child care facility under new
management or control, as set forth above, and the child care facility has no record of
adjudicated Class 1 Violations, and is not currently under a Corrective Action Plan.
The following documentation must accompany the completed applications or completed
non-public school & preschool program information forms (Substantial Compliance
Application Forms):
a) A satisfactory facility inspection report documenting that the facility is in
compliance with all applicable child care licensing standards.
b) A letter from a physician stating that the applicant is physically qualified to care
for children and free of tuberculosis as indicated by an approved TB risk
assessment and/or skin test or chest X-ray administered within the preceding six
(6) months.
c) Proof of ownership of the real property. A copy of the recorded property deed or
a current tax bill will serve as proof of ownership and a lease agreement or
management agreement (if applicable).
d) A copy of the Certificate of liability insurance. The certificate holder is to be the
Department.
Article IV: Licensure Procedure 16
e) A copy of the Certificate of insurance evidencing the required coverage for
worker’s compensation, or a notarized affidavit attesting that worker’s
compensation insurance is not applicable. The certificate holder is to be the
Department.
f) Notarized statements attesting to good moral character of the owner and, if not
the same person, of the operator.
g) Proof of Level 2 screening clearance.
h) Evidence of completion by the owner and operator of the pre-licensing workshop
conducted by the Department.
i) Five-year employment history and listing the name, address and phone number of
the three (3) persons submitting character references.
j) Three (3) letters of character references, two (2) must be non-unrelated to the
applicant.
k) Two sets each of facility floor plans and site plans that have been reviewed and
approved by the Department.
All new establishments shall submit two (2) sets of current permitted construction
plans of the total facility indicating exits, windows and essential equipment with the
application to operate a child care facility. Two (2) sets of the site plan must be
submitted showing location of the building thereon, and accurately depicting all
relevant site features. The site plan must be the most current site plan approved by
the local zoning authority.
Before any alterations or modifications to an existing facility may be made, plans
must be submitted to the Department showing the existing configuration and
proposed changes. Scale on all drawings shall not be less than 1/8 inch = 1 foot. The
plans must contain front, side and rear elevations. All plans must be of professional
quality. For change of ownership of existing facilities, two (2) sets each of a current
floor plan and site plan must be submitted with the application.
Any existing facility providing a new or relocated service including a change of
ownership, must comply with the Palm Beach County Rules and Regulations
Governing Child Care Facilities in effect at the time the proposal is submitted to the
licensing agency.
l) A satisfactory fire inspection report for the proposed child care facility.
m) If applicable, a current corporate status sheet issued by the Florida Department of
State.
Article IV: Licensure Procedure 17
n) Fictitious name documentation.
o) Verification of current Director Credential for facility operator/director for
applicants for child care facility license or certificate of compliance.
p) Verification of approval from applicable Building, Fire, and Zoning Departments
as evidenced by respective sign-offs on the application form.
q) Proof of compliance with mandatory radon testing and reporting requirements.
5. Any material false statements contained in said application or non-public school preschool
information form shall be grounds for denial or revocation of the license, certificate of
compliance, or certificate of substantial compliance.
6. The application or non-public school preschool information form must be completed and
signed by the owner, prospective owner, or designated representative of the owner or
prospective owner if the owner is a partnership, association or corporation. Within thirty
(30) days after receipt of the application, the Department or Council shall examine the
application, notify the applicant of any apparent errors or omissions, and request any
additional information needed to complete the application. The term “applicant” shall mean
the individual applicant if the applicant is an individual, or the designated representative if
the applicant is a partnership, association, or corporation.
If the applicant is a partnership, the application shall contain the name and address of every
partner thereof. If the applicant is a corporation, firm, or association, the application shall
contain its name and address, and the names and addresses of the members of the board of
directors, officers, and its registered agent.
The application and supporting documentation must be complete, truthful and correct.
Falsification or significant omission of applicant information is grounds for denial to
operate a child care facility and for the imposition of penalties as stated in Florida Statutes,
§ 402.319, as amended or replaced.
Whenever a licensed facility or a certificate of compliance facility is sold or the ownership
is changed, the new or prospective owner or designated representative of the prospective
owner, shall make application to the Board via the Child Care Advisory Council through the
Department for a new license or applicable certificate, pursuant to Article IV (A) (5) herein,
at least forty-five (45) days prior to the date of requested approval. A new owner must
receive a license or certificate prior to the time a new owner assumes responsibility for the
facility. The Board, via the Council, shall grant or deny the reapplication for licensure or
certificate of compliance within forty-five (45) days from the date upon which the applicant
submits a complete application or receipt of timely requested additional information or
correction of errors or omissions. Failure to obtain a new license is subject to penalties in
accordance with Florida Statutes, § 402.312, as amended or replaced, and Sections 10 and
Article IV: Licensure Procedure 18
11, Chapter 2010-249, Special Acts, Laws of Florida, as amended or replaced. The present
license or certificate holder will continue to be held responsible for the facility until the
Board, via the Department, has issued the new license or certificate of compliance.
Whenever a certificate of substantial compliance facility is sold or the ownership is
changed, the new or prospective owner or designated representative of the prospective
owner shall make application through the Department for a new certificate of substantial
compliance, pursuant to Article IV (A) (5) herein, at least forty-five (45) days prior to the
date of requested approval. A new owner must receive a certificate prior to the time a new
owner assumes responsibility for the facility. The Department shall grant or deny the
reapplication for certificate of substantial compliance within forty-five (45) days from the
date upon which the applicant submits a complete application or receipt of timely requested
additional information or correction of errors or omissions. Failure to obtain a new
certificate shall be deemed failure to substantially comply with these rules and is subject to
Sections 10 and 11, Chapter 2010-249, Special Acts, Laws of Florida and Article XXI
herein. The present certificate holder will continue to be held responsible for the facility
until the Department has issued the new certificate of substantial compliance. Whenever the
operator of a facility changes, the Department must be notified in writing prior to or at the
time of the change.
In addition, no less than one week prior to a transfer of ownership of a child care facility,
certificate of compliance facility, substantial compliance facility or child care facility for
mildly ill children, the parent or legal guardian of each child shall be notified in writing by
the facility owner of the impending transfer. Such notice may be in the form of information
incorporated into an existing newsletter, or individual letters or fliers, or be posted
conspicuously at the facility.
7. After having determined that minimum standards are met and the applicant otherwise meets
the requirements for licensure or issuance of an applicable certificate, the Council shall
approve the application and direct the Department to issue a license or certificate upon
payment of any required fees. In order to assure that the minimum requirements of these
rules are met, the Council may impose appropriate conditions on the grant of the license or
certificate of compliance which conditions shall not be inconsistent with the provisions of
these rules and regulations. Should the Council determine, or lack sufficient information to
determine, that minimum standards have not been met, the Council shall refer the
application to the Department to address concerns or deficiencies. Should compliance not be
met within 30 days, the Department shall issue a written denial of the application, pursuant
to Article V of these rules.
8. License Renewal
Unless revoked or surrendered, all licenses or certificates of compliance or certificates of
substantial compliance shall expire December 31
st
of each year. All applications for renewal
for the following calendar year must be completed and filed with the Department no later
than November 1
st
of the current year. Applications not timely filed may cause delay in
licensure or issuance of certificate beyond the date of expiration and subject the licensee or
Article IV: Licensure Procedure 19
certificate holder to penalties for violation of Article IV(A)(1) of these rules. The
application for licensure is not complete until all required information and supportive
documentation are submitted to the department.
9. The following documents must accompany the renewal application form:
a. Completed Release of Information for local screening of for applicant, owner, and
operator.
b. Fees for local screening of applicant, owner, and operator.
c. An affidavit attesting that all child care personnel have been screened. Names of all
employees must be included on the Child Care Facility Current Personnel List
Affidavit. This document must show the date local screening was conducted and
clearance to continue working in the child care facility was verified for each current
employee and volunteer. To satisfy this requirement, the annual local screening
(local arrest history check) by Palm Beach County Sheriff’s Office must be
conducted after July 31 of the current year.
d. A copy of the satisfactory current annual fire inspection report;
e. A copy of the Certificate of Insurance for the child care facility.
f. If the applicant is a corporation, a current corporate status sheet issued by the Florida
Department of State.
g. Revised fictitious name documentation reflecting any additions or changes.
h. Proof of ownership of the real property, demonstrating whether there has been any
change in status or revision or renewal of any lease or management agreement
currently on file with the Department or a signed statement from the owner attesting
that there has been no material change in the ownership, lease or management
agreement since the issuance of the last license.
i. Verification of a current Director Credential for the facility operator/director for
applicants for a child care facility license or certificate of compliance.
10. Any false statements, information, or material omissions contained in the renewal
application may be grounds for denial or revocation. All licenses or applicable certificates
shall be issued only upon submission of completed renewal application documentation,
payment of required fees, and completion of current satisfactory inspection of the facility by
the Department.
11. Failure to submit a complete Application for a License to Operate a Child Care Facility for
renewal of an annual license at least 45 days prior to the expiration date of the current
license constitutes a licensing violation. The department shall issue an Notice of
Article IV: Licensure Procedure 20
Administrative Action imposing a fine of $100.00 for the first occurrence, $200.00 for the
second occurrence, and $300.00 for each subsequent occurrence within a five year period.
12. A license or applicable certificate may not be transferred or assigned and shall be void when
ownership or possession of the child care operation changes. A license or applicable
certificate shall be valid for no premises other than those for which it was originally issued.
The license or applicable certificate shall remain the property of the Child Care Facilities
Board and shall be returned to the Department if void before the expiration date printed
thereon. Upon approval of change of ownership, the previously approved license or
certificate shall be deemed null and void, subject to payment of applicable fees and the
satisfaction, by the applicant, of any conditions set forth by the Child Care Advisory
Council in accordance with Article IV (A)(7) herein.
13. Upon issuance, said license or certificate shall be displayed in a conspicuous place inside
the child care facility. The face of the license or certificate shall require the license or
certificate holder to comply with these rules. The licensed or allowable capacity of the
childcare facility shall be designated on the face of the license or certificate as well as the
maximum number of infants that may be cared for at any time. At no time shall a child care
facility exceed the capacity approved by the licensing agency. No error or miscalculation
leading to an overestimation of the approved capacity shall be deemed to create any right in
the continuation of the overestimated number. The Department may amend the designated
capacity on a license or certificate to correct any errors or reflect any changes it discovers.
14. A license, certificate of compliance or certificate of substantial compliance shall not be
issued or renewed nor shall a change of ownership be approved if the applicant, licensee or
certificate holder has an outstanding unpaid fine assessed for violation of these rules and
regulations. In the case of an application for change of ownership for an existing child care
facility having an outstanding fine, the outstanding fine shall be paid before a license or
certificate is issued. For the purposes of these rules, outstanding fines refers to civil
penalties assessed by the Environmental Control Hearing Board, pursuant to Chapter 77-
616, Laws of Florida, as amended or replaced, and in accordance with Article XXI of these
rules.
15. A child care facility license or certificate shall be issued in the name of the owner,
partnership, association, or corporation.
16. If for any reason the child care facility is operating without the required annual license or
certificate, the owner or operator shall post notice in a conspicuous place in the facility
informing customers and visitors that the facility is operating without the required
license/certificate. The notice shall be posted on the day the facility starts operating without
the regular annual license/certificate, and shall not be removed until the facility receives and
posts the required annual license/certificate. A regular license/certificate does not include
provisional or probationary licenses.
Article IV: Licensure Procedure 21
17. All prospective owners or operators of a child care facility shall attend a pre-licensing
workshop conducted by the Department prior to the application being presented to the Child
Care Advisory Council for approval. A new operator or director, who assumes
responsibility for a facility that is already licensed or certified, shall attend this workshop
within six months of being named director of the child care facility. Other directors and
credentialed staff members also may attend the licensing workshop for required in-service
training hours, or as part of a corrective action for non-compliance.
The pre-licensing workshop will cover subjects critical to the effective operation of the
facility such as background screening, personnel training, records management, license
renewal, transportation requirements, food service requirements, and general safety
requirements.
B. Minimum standards for the issuance of licenses & certificates
1. Standards established by these rules and regulations shall meet or exceed state child care
standards set forth in Chapter 402, Florida Statutes, as amended, or replaced, and Florida
Administrative Code provisions established pursuant to Florida Statutes, § 402.305, as
amended or replaced, which standards are expressly incorporated herein by reference. In
the event of a conflict between these rules and state child care standards, the more stringent
shall apply.
2. No rules and regulations of the Board shall be adopted or become effective until after a
public hearing has been held by the Board pursuant to notice published in a newspaper of
general circulation in Palm Beach County at least ten (10) days prior to the hearing.
3. When approved by the Board and filed with the Clerk of the Board of County
Commissioners, such rules and regulations have the force and effect of law.
4. To insure that accurate statistical data is available, the Department shall report annually to
the Department of Children and Families the number of family day and child care facilities
under the jurisdiction of the Child Care Facilities Board, the number and age range of
children served, and the number of revocations and denials of licenses during the previous
year.
5. Insurance requirements.
a) At time of licensure or certification, and before providing any child care services, the
owner or operator of a child care facility shall have obtained a comprehensive
general liability policy in the minimum amount of no less than one hundred
thousand dollars ($100,000.00) as a continued single limit for bodily injury and
property damage. The facility must provide the Department with a certificate of
insurance evidencing the required coverage. The facility shall be required to give the
local licensing agency thirty (30) days notice prior to cancellation of the policy.
b) The facility shall continuously maintain no less than the minimum required
insurance. Failure to maintain the minimum dollar amount of the insurance required
herein shall be a violation of these rules subject to such penalties as are provided by
law, resolution or ordinance for the violation of these rules. In addition, failure to
Article IV: Licensure Procedure 22
maintain the minimum dollar amount of insurance shall constitute a basis for
revocation of license subject to the procedures set forth in Article V of these rules.
c) All child care facilities shall comply with the Florida Worker's Compensation Laws.
The facility must provide the Department with a certificate of insurance evidencing
the required coverage, or a notarized statement attesting that worker’s compensation
insurance is not applicable. The facility shall be required to give the local licensing
agency thirty (30) days notice prior to cancellation of the policy.
C. Provisional License
1) The Department may issue a provisional license or certificate for a child care facility to
applicants requesting an initial license or certificate, or renewal of an existing license or
certificate, and who are unable to meet all the standards provided for in these rules and
regulations.
2) The Department, upon approval of the Child Care Advisory Council, may issue a
provisional license or certificate allowing a facility to operate for a designated period of time
while working to comply with one or more licensing standards, provided the owner is
making adequate provisions to ensure the health and safety of the children in care. A
provisional license is not a disciplinary sanction.
3) A provisional license or certificate shall not be issued unless the operator or owner makes
adequate provisions for the health and safety of the children. A provisional license or
certificate shall not be issued unless the child care facility is in compliance with the
requirements for screening of child care personnel, substitutes, or volunteers.
(4) A provisional license or certificate shall not be issued for a period that exceeds 6 months;
however, under unusual circumstances beyond the control of the applicant, it may be
renewed one time for a period that may not exceed 6 months
(5) The Department may issue a provisional license for a period not to exceed 6 months for a
facility without a credentialed director.
(6) A provisional license or certificate may be suspended or revoked if periodic inspections
or review by the department indicates that insufficient progress has been made toward
compliance.
D. Probationary License
1. A probationary license indicates that the annual license is in jeopardy of being
revoked or not renewed due to violations of licensing standards, and in keeping with
the Department’s progressive enforcement matrix. A probationary license or
certificate shall not be issued as an initial license or certificate for a new facility.
2. A probationary status license or certificate is used as a disciplinary sanction for
repeated noncompliance with licensing requirements. A probationary status license
that is issued due to non-compliance within the provider’s control is valid for up to
six months. A probationary status license issued for this reason may not be renewed.
Article IV: Licensure Procedure 23
3. A probationary status license issued for non-compliance may be suspended or
revoked if monthly inspections by the Department find that the provider is not in
compliance with the terms of the corrective action plan, or that the provider is not
making sufficient progress toward compliance with the licensing requirements.
4. Probation requires 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.
5. A probationary license or certificate may be granted only by the Child Care Advisory
Council on the recommendation of the Department, to satisfy the remedy prescribed
in the Department’s child care licensing enforcement procedures, or as an alternative
to revocation of a license or certificate or denial of an application for renewal of an
annual license or certificate.
E. Advertisements.
1. It shall be a violation of these rules for any person or entity to advertise or otherwise offer
child care services without first obtaining a valid license, certificate of compliance or
certificate of substantial compliance.
2. Any person advertising a child care facility to the public in any way or by any medium
whatsoever, must include in the advertisement the facility's local agency license number or
certificate number. This requirement includes, but is not limited to, advertisements in the
yellow pages of the telephone directories, community bulletin boards, fliers, pamphlets,
classified ads, signs, radio, television, electronic media, and other advertising media. This
requirement does not apply to classified ads for employment purposes, or construction
signs that merely indicate the type of facility being built and include no contact
information or customer solicitation.
F. Fees.
No license or certificate authorizing a person or entity to operate a child care facility in Palm
Beach County, pursuant to Chapter 59-1698, Laws of Florida, as amended, shall be issued
until such person or entity has paid a fee according to the fee schedule below:
1. Child Care Facility. For operation of a child care facility with a licensed or approved
capacity of twenty-five (25) children or less, the annual license or certificate fee shall
be equal to one hundred and fifty dollars ($150.00). For operation of a child care
facility with a licensed or approved capacity greater than twenty-five (25) children, the
annual license or certificate fee shall be equal to one hundred and fifty dollars
($150.00) plus four dollars ($4.00) for each child allowed to attend the facility in
Article IV: Licensure Procedure 24
excess of twenty-five (25) children as authorized by the facility’s licensed or approved
capacity. “Licensed” or “approved capacity” is indicated on the license or applicable
certificate and refers to the maximum number of children that may lawfully be cared
for by a facility at anytime.
2. Prorated Fees for Mid-year Licensure. Child care facilities obtaining a license after the
beginning of the calendar year, and child care facilities seeking to increase licensed
capacity, shall be required to pay a prorated fee as follows:
For licenses/certificates issued: License/certificate fee required:
Jan.1 through Mar. 31 100% of required annual fee.
Apr. 1 through Jun. 30 75% of required annual fee.
Jul. 1 through Sept. 30 50% of required annual fee
Oct. 1 through Dec. 31 25% of required annual fee.
3. Change of Ownership Fee: Child care facilities obtaining a change in ownership shall
be required to pay an administrative fee of fifty dollars ($50.00), in addition to the
applicable license or certificate fee.
4. Authority to collect fees. The Department is authorized to collect the fees imposed
herein and apply said fees to cover its costs associated with inspection, certification,
and licensing under Chapter 59-1698, Special Acts, Laws of Florida, as amended.
Article IV: Licensure Procedure 25
ARTICLE V: DENIAL OR REVOCATION OF LICENSE OR CERTIFICATE
A. Exclusion From Owning, Operating, Or Being Employed By A Child Care Facility
Or Other Child Care Program:
Ownership and operation of a child care facility, or employment by a child care facility may be
excluded pursuant to section 402.3055(2), Florida Statutes, as may be amended or replaced.
(1) Where the Department is aware of a history of enforcement or disciplinary action
involving an applicant, owner, operator, or employee of a child care facility or family day
care facility, the Department shall notify the applicant, owner, or operator, in writing, that
such history could be grounds for denial or revocation of a child care facility license or
certificate. Pursuant to Article VII (G)(1) herein, the Department shall refer the
following to the Child Care Advisory Council to make determination as to the exclusion
from owning or operating a child care facility in Palm Beach County and the denial or
revocation of such license or certificate:
(a) The applicant, owner, or operator of a child care facility or family day care
facility whose license or certificate had been denied, revoked or suspended in
any state or jurisdiction, or
(b) The applicant, owner, or operator has been the subject of disciplinary action or
had been fined while being the owner, operator, or employee of a child care
facility or family day care facility in any state or jurisdiction.
(c) Should the Council’s initial determination be that there are possible grounds for
denial or revocation, the Council shall direct the Department to issue a notice of
intent to deny or revoke in accordance with Article V herein.
B. Intent to Deny or Revoke a License or Certificate
The Department shall deny, suspend, or revoke a license or certificate, or pursue other
remedies including, but not limited to, the implementation of a corrective action plan and
enforcement action as set forth in Article XXI herein, in addition to or in lieu of denial,
suspension, or revocation for failure to comply with the standards herein.
1. When the Director of the Department has reasonable cause to believe that grounds for denial
or revocation of a license or certificate exists, or when the Council has directed the issuance
of a notice of intent to deny or revoke, the Director shall notify the applicant or licensee in
writing, stating the grounds upon which the license or certificate is being denied or revoked.
2. If the applicant or licensee makes no written request for a hearing to the Child Care
Advisory Council within fifteen (15) days from receipt of such notice, the license or
Article V: Denial or Revocation of License or Certificate 26
certificate shall be deemed denied or revoked as the case may be.
C. Denial or Revocation Hearings
1. Such hearings are not granted pursuant to Florida Statute, Chapter 120, but are
granted pursuant to Special Acts, Laws of Florida, Chapter 59-1698, as amended.
2. If a request for a hearing is made to the Child Care Advisory Council, a hearing
shall be held within sixty (60) days and shall be conducted by the Child Care
Advisory Council. Either party may be granted a one-time continuance of no more
than thirty (30) days.
3. All testimony shall be under oath and shall be recorded. Formal Rules of Evidence
shall not apply, but fundamental due process shall be observed and govern the
proceedings.
4. The Department shall provide personnel to act as Clerk to the Child Care
Advisory Council for the purpose of the hearings and retention of the record.
5. The Council shall issue its written order within fifteen (15) days of said hearing,
stating that the license or certification is denied, issued, revoked or retained as the
case may be. Said order shall be sent to the applicant, licensee, or certificate
holder by registered or certified mail return receipt requested. The Child Care
Advisory Council’s written order shall be considered final agency action.
6. Within 30 days after the Child Care Advisory Council issues its written order, any
person whose substantial interests have been determined by the Council’s decision
shall have the right to seek review of said order by petitioning the Circuit Court in
and for Palm Beach County for a writ of certiorari.
Article V: Denial or Revocation of License or Certificate 27
ARTICLE VI. PERSONNEL TRAINING
Child care personnel training requirements and policies contained in section 65C-22.003,
FAC and section 65C-22.008, FAC, and not covered below are hereby incorporated by
reference.
A. Child abuse and neglect training
1. All operators, employees, volunteers and students shall have a statement on file at
the child care facility that they have read or have had read to them and understand
the contents of the pamphlet “Child Abuse and Neglect in Florida, A Guide for
Professionals,” CF- PI 175-17. This statement must be on file at the child care
facility within three (3) days of employment.
2. The pamphlet “Child Abuse and Neglect in Florida, A Guide for Professionals”,
shall be provided by the Department for this purpose.
B. Forty-hour introductory child care training:
1. Child care personnel must successfully complete the Florida Department of
Children and Families (DCF) 40-hour Introductory Child Care Training, as
evidenced by successful completion of competency based examinations offered by
the department or its designated representative with a weighted score of 70 or
better. Child care personnel who successfully completed the mandatory 40 hour
Introductory Child Care Training prior to January 1, 2004 are not required to
fulfill the competency examination requirement.
2. All child care personnel must begin training within 90 days of employment and
successfully complete training within 12 months from the date training begins.
Training completion may not exceed 15 months from the date of initial
employment in the child care industry in any child care facility.
“Begin training for child care personnel” refers to a candidate’s commencement of
at least one of the child care training courses listed in Section 402.305(2)(d), F.S.
This may be accomplished by classroom attendance in a DCF-approved training
course, acquiring an educational exemption from a DCF-approved training course,
beginning a DCF-approved online child care training course, or by receiving
results from a DCF-approved competency examination within the first 90 days of
employment in the child care industry in any licensed Florida child care facility.
The child care facility is responsible for obtaining documentation from child care
personnel. The begin date for training is the initial date an individual commences
training in the child care industry.
Documentation of child care personnel's training initiation date must be completed on
the employee application and included in the personnel record.
Article VI: Personnel Training 28
3. The 40-hour Introductory Child Care Training requirement is divided into two
parts. Part I is comprised of 30 hours of training that consists of training courses
developed by DCF, identified below:
a. Child Care Facility Rules and Regulations;
b. Health, Safety and Nutrition.
c. Identifying and Reporting Child Abuse and Neglect.
d. Child Growth and Development; and
e. Behavioral Observation and Screening.
Part II is comprised of ten (10) hours of training that consists of a selection
from the following DCF specialized training courses:
f. Infant and Toddler Appropriate Practices (10 hours);
g. Preschool Appropriate Practices (10 hours);
h. School-Age Appropriate Practices (10 hours);
i. Special Needs Appropriate Practices (10 hours);
j. Basic Guidance & Discipline (5 hours online);
k. Early Literacy for Children Age Birth to Three (5 hours online);
l. Early Childhood Computer Learning Centers (5 hours online),
m. Emergent Literacy for Voluntary Pre-Kindergarten (VPK) Instructors (5
hours online).
4. Exemptions from the Introductory Child Care Training.
a. Child care personnel in compliance with the school-age requirements in
paragraph 65C-22.008(4)(c), F.A.C., shall be considered in compliance with
the child care personnel training requirements.
b. Child care personnel who left the child care industry in compliance with
training requirements, upon returning, shall be granted 90 days to comply
with any new mandated training requirements. Completion of such training
may be counted toward the in-service training requirement.
c. Child care personnel who left the child care industry not in compliance with
training requirements must complete required training prior to re-
employment.
d. Child care personnel employed at the same child care facility prior to October
1, 1992, with no break in employment with the same employer, are exempt
from completing Part II of the child care training.
Article VI: Personnel Training 29
e. The child care operator shall be required to take basic training in serving
children with disabilities within three (3) years after employment, either as a
part of the introductory training or the annual ten (10) hours of in-service
training.
C. Early Literacy & Language Development
1. All child care personnel shall complete a single course of training in early literacy
and language development of children ages birth through five years. The course
shall be a minimum of five clock hours or 0.5 CEUs. However, school age child
care personnel meeting the requirements of 65C-22.008(4) are exempted from
this requirement.
2. Child care personnel must complete early literacy training within 12 months of
the date of employment in the child care industry. Proof of completion must be
documented on the certificate of course completion, classroom transcript, or
diploma. In order to meet the literacy training requirement, child care personnel
must complete one of the following:
a. One of the DCF online literacy courses available on the department’s website
at www.myflorida.com/childcare; or
b. One of the DCF-approved literacy training courses. A list of these courses may
be obtained from the DCF website at www.myflorida.com/childcare. (No
additional courses will be approved by DCF); or
c. One college level early literacy course (for credit or non-credit) if taken within
the last five years.
D. Documentation of Training.
1. Effective October 1, 2010, the DCF Training Transcript will be the only acceptable
verification of successful completion of the training programs approved by DCF.
Training completion documented on CF-FSP Form 5267, March 2009, Child Care
Training Course Completion Certificate, which is incorporated by reference, will no
longer be accepted by the department after October 1, 2010, nor will any previous
version of the form. Form CF-FSP 5267 is provided to participants upon completion
of a DCF-approved training course. A copy of the DCF Training Transcript may be
obtained from the DCF website at www.myflorida.com/childcare.
2. A copy of the CF-FSP Form 5267 until October 1, 2010, or Training Transcript must
be included in each staff member’s child care personnel record and maintained at each
child care facility.
3. A copy of the CF-FSP Form 5267 until October 1, 2010, or Training Transcript for
the director of a child care facility must be included in the department’s official
licensing file.
Article VI: Personnel Training 30
4. Training documented on CF-FSP Form 5267 that is not included on an individual’s
Training Transcript must be sent to DCF or designated representative prior to October
1, 2010, to be documented on the individual’s Training Transcript.
5. As of October 1, 2010, any course completion certificate not documented on the
Training Transcript may be considered invalid, requiring that the course(s) be retaken.
Until the coursework is retaken and completed, child care facilities may be out of
compliance with the mandated training standard.
E. Director Credential
1. Every child care facility director must have an active Director Credential. A
Director Credential renewal, as documented on CF-FSP Form 5252, Florida
Director Credential Certificate is active for five years from the date of issuance.
2. The following exceptions apply:
a. A credentialed director is not required for facilities offering child care only
during the evening hours as defined in Article XVI of these rules.
b. The Director Credential is not required for certificate of substantial
compliance facilities.
c. Pursuant to Section 402.305(1)(c), Florida Statutes, as amended or replaced,
may supervise multiple before-school and after-school sites.
F. Immunization & Health Records Training
1. Facility operators shall complete the two (2) hour Immunization & Health
Records training provided by the Department within six (6) months from the date
of appointment to the position of facility director.
G. Annual in-service training.
1. All child care personnel, except volunteers who work or assist intermittently less
than 10 hours a per month, must complete ten (10) hours of annual in-service
training. There are no exemptions from the annual in-service training for child care
personnel. The annual ten (10)-hour or one (1) CEU in-service training must be
completed annually during the state's fiscal year beginning July 1, and ending June
30.
2. The annual ten (10)-hour or one (1) CEU in-service training must be completed in
one or more of the following areas:
a) Health and safety, including universal precautions;
b) CPR;
Article VI: Personnel Training 31
c) Nutrition;
d) Child development, typical and atypical;
e) Child transportation and safety;
f) Behavior management;
g) Working with families;
h) Design and use of child oriented space;
i) Playground safety;
j) Community, health and social service resources;
k) Child abuse;
l) Child care for multilingual children;
m) Working with children with disabilities in child care;
n) Guidance and Discipline;
o) Developing special interest centers/ spaces and environments; or
p) Literacy;
q) First Aid: this training may only be taken to meet the annual in-service
requirement once every three (3) years.
r) Computer Technology;
s) Leadership development/program management and staff supervision;
t) Age appropriate lesson planning;
u) Homework Assistance for school age care;
v) Other appropriate course areas relating to child care or child care
management which the training coordinating agencies have determined will
further the aims of the training requirements.
Article VI: Personnel Training 32
3. Documentation of the in-service training must be included in the child care facilities’
personnel records and recorded on a current CF-FSP Form 5268 Child Care In-
Service Training Record which is incorporated by reference, and included in the
child care facilities’ personnel records. College level courses that cover the topics
above may also be counted to meet the annual in-service training requirement.
H. Child development associate
“CDA”, a child development associate credential, is a national credential, recognized throughout
the United States and the world, issued by the Council for Professional Recognition, in
Washington, D.C.
1. Staff Credentials
In accordance with Florida Statutes, § 402.305(3), as amended or replaced, every
licensed child care facility must have a minimum of one (1) credentialed staff
member for every twenty (20) children with one (1) of the following qualifications:
a. An active National Early Childhood Credential (NECC).
b. Formal educational qualifications as cited on DCF form CF-FSP 5211
c. An active Birth Through Five Child Care Credential awarded as a Florida Child
Care Professional Credential (FCCPC); Florida Department of Education Child
Care Apprenticeship Certificate (CCAC), or Early Childhood Professional
Certificate (ECPC).
d. An active School-Age Child Care Credential awarded as a Florida Child Care
Professional Credential (FCCPC) or School-Age Professional Certificate (SAPC).
Graduates who successfully complete a school-age training program offered by a
branch of the U.S. Military will be recognized as having met the School-Age
FCCPC requirement.
e. Employment History Recognition Exemption. An Employment History
Recognition Exemption shall not be accepted to meet the minimum staff
credential requirements for Voluntary Pre-Kindergarten (VPK) or towards a
Director Credential. Applications for Employment History Recognition
Exemption will not be accepted after July 1, 2006.
I. Training in First Aid and C.P.R.
1. At least one (1) adult staff member must hold a current first aid certification evidenced by
a valid card in a Red Cross standard first-aid course or a comparable course specifically
designed for child care facilities. At least one (1) adult staff so qualified shall be present at
all times that children are in the care of the facility whether such children are on site, on a
field trip, or being transported.
2. At least one (1) adult staff member must hold current certification evidenced by a valid
card in infant and child cardiopulmonary resuscitation provided by the American Red
Article VI: Personnel Training 33
Cross, the American Heart Association, or other provider of a comparable course
specifically designed for child care. At least one adult staff so qualified shall be present at
all times that children are in the care of the facility whether such children are on site, on a
field trip, or being transported.
3. Certificates of course completion are valid based on the time frames established by each
First Aid and CPR training program, not to exceed three (3) years. On-line Internet First
Aid and CPR courses are acceptable to meet this standard, provided the trainings include
an on-site instructor-based skills demonstration and assessment by a certified instructor.
Only age-appropriate First Aid and CPR certification by a nationally-recognized provider
will meet this requirement. Acceptable nationally-recognized training organizations
include: American Red Cross, American Heart Association, National Safety Council, and
American Safety and Health Institute.
4. Documentation that identifies staff members who have met the first aid and infant and
child cardiopulmonary resuscitation (CPR) training requirements shall be kept on file at
the child care facility.
Article VI: Personnel Training 34
ARTICLE VII. BACKGROUND AND SCREENING REQUIREMENTS
A. In accordance with Chapter 435, Florida Statutes, as amended or replaced, as amended, each
facility shall screen its personnel and those volunteers who assist at the facility using the
Level 2 standards for screening set forth in that Chapter. Standards for screening shall also
ensure that the person has not been judicially determined to have committed abuse or neglect
against a child as defined in Florida Statutes, § 39.01, as amended or replaced.
Screening includes the following:
1. Level 2 screening as defined in Section 435.04, F.S., includes at a minimum Federal
Bureau of Investigations (FBI), Florida Department of Law Enforcement (FDLE), and
local law enforcement (Palm Beach County Sheriff’s Office (PBSO)) records checks.
For the purpose of issuing a license, any out-of-state criminal offense, which if
committed in Florida, would constitute a disqualifying felony offense, shall be treated
as a disqualifying felony offense for screening purposes under this rule
2. An employment history check must include the previous two five years, which shall
include the applicant’s job title and a description of their regular duties, confirmation
of employment dates, and level of job performance. Failed attempts to obtain the
employment history must be documented in the personnel file, and include dates,
times, and the reason the information was not obtained.
3. A Child Care Affidavit of Good Moral Character must be completed for all child care
personnel annually or in accordance with the Department’s screening procedures. A
copy of the Affidavit of Good Moral Character form may be obtained from the
Department.
4. Evidence of background screening and compliance with this article shall be maintained at
the facility and be available for inspection by the Department. The Department is
authorized to prescribe the frequency and the forms for regularly submitting proof of
compliance with this Article.
B. In addition to personnel and volunteers, the following individuals shall be screened:
1. If the child care facility is located adjacent to or connected to the home of the owner or
operator, family members and persons residing in the home shall also be screened using
the Level 2 standards. This provision for Level 2 background screening shall also apply
in instances where any other residence is located on the same property as the day care
facility. Residents of this property that are 12 through 17 years of age are only required
to complete the FDLE and local law enforcement records (PBSO) checks.
2. Child enrichment service providers
a. A child enrichment service provider must meet the Level 2 screening requirements
prior to providing services to a child in a child care facility.
Article VII: Background and Screening Requirements 35
b. Documentation of completed background screening shall be available for child
enrichment service providers whenever such persons are at the facility or working
with children as part of the facility’s program.
c. A child enrichment service provider who has met the screening standards shall not
be required to be under the direct and constant supervision of child care personnel;
however, facility and group staffing ratios and supervision requirements must be
maintained in keeping with requirements set forth in Article VIII of these rules.
3. All other persons who work in a child care facility during regular operating hours,
including but not limited to office staff and maintenance staff, and who may have
contact with children in care, shall also be screened using the Level 2 standards.
C. Screening Exceptions
1. Volunteers who assist less than 10 hours per month must complete the statewide (FDLE)
and local criminal records (PBSO) checks. Volunteers who assist 10 hours or more per
month must meet the full Level 2 screening requirements for child care personnel.
2. Persons who work in a child care facility after hours when children are not present, and
parents of children in Head Start programs are not required to be screened.
3. Students who observe and participate in a child care facility as part of their required
course work are not required to be screened provided such observation and participation
is on an intermittent basis and the students are under direct and constant supervision of
child care personnel while at the facility.
4. In lieu of fingerprinting, teachers and non-instructional personnel with proof of
background screening clearance through employment by any of the State’s school boards
within the past ninety (90) days shall complete an affidavit of good moral character and a
local criminal records check. Proof of current screening clearance must be provided prior
to employment at the child care facility.
D. Responsibility for Screening
1. The Department of Children and Families (DCF) and the Department shall facilitate the
screening and background checks for the owner, applicant, and operator of a child care
facility when required by these regulations.
a. The applicant for Level 2 screening shall submit fingerprints using electronic
LiveScan through DCF-approved vendors. The facility shall submit to the
Department all other required documentation and related fees for screening of
owners, applicants, and operators.
b. When disposition information is missing on screening results received from FDLE,
it shall be the responsibility of the operator, upon request of the Department to
obtain and supply the missing disposition information. Failure to supply missing
Article VII: Background and Screening Requirements 36
information within thirty (30) days or to show reasonable effort to obtain such
information shall result in automatic disqualification.
c. A license or applicable certificate shall not be issued until all the applicants have
been cleared and the Department has been notified of such results.
d. A license or applicable certificate shall not be issued or renewed if any owner,
operator, applicant, or child care personnel at the applicant facility has failed the
screening required by Florida Statutes § 435.04, as amended or replaced.
2. Each facility licensed or certified hereunder shall be responsible for ensuring that all
prospective employees, substitutes, volunteers, and child enrichment service providers
are screened and cleared before they are allowed to work in the facility. It shall be the
responsibility of the facility to fulfill the screening requirements of Chapter 435, Florida
Statutes, as amended or replaced, including receiving information from the Florida
Department of Law Enforcement and responding accordingly. It shall be a violation of
these rules for any facility to fail to comply with the requirements of Chapter 435, Florida
Statutes, as amended or replaced.
E. Disqualification based upon screening results
1. Any person who is required to undergo employment screening and who refuses to
cooperate in such screening or refuses to submit the information necessary to
complete the screening, including fingerprints when required, shall be disqualified
for employment in such position or, if employed, shall be dismissed.
2. A person who fails the Level 2 background screening requirements of Chapter 435,
Florida Statutes, as amended or replaced, shall not be permitted to volunteer or work
as staff in any child care facility, unless the employee has been granted an exemption
from disqualification by the Department of Children and Families pursuant to section
435.07, Florida Statutes, as amended or replaced.
3. The facility must terminate the use or employment of any person found to be in
noncompliance with the minimum standards for good moral character contained in
Chapter 435, Florida Statutes, as amended or replaced, or place such person in a
position for which background screening is not required.
4. No person shall be an operator, owner of, or employee in a child care facility if that
person:
a. Has falsified screening application information.
b. Has been found guilty of, regardless of adjudication, or entered a plea of nolo
contendere or guilty to adult and/or child abuse, neglect or exploitation as defined
in Chapter 415, Florida Statutes, or § 39.01, Florida Statutes, as amended or
replaced.
Article VII: Background and Screening Requirements 37
5. The facility owner or director, upon receiving information that a child care personnel
has been arrested for a disqualifying offense shall exclude that child care personnel
from working with children. The personnel so excluded shall not be allowed to
return to work with children until the child care facility receives documented proof
that the individual is cleared and eligible to work with children.
F. Re-screening Required
1. Level 2 screening conducted under this rule is valid for five years, at which time a
re-screen must be conducted. The five-year re-screen is required for all child care
personnel. The five-year re-screen is a full Level 2 background screening.
2. A facility shall re-screen any child care personnel who has a break in employment in
the child care industry for more than ninety (90) days.
3. Child care personnel are allowed up to one hundred eighty (180) days on a leave of
absence employment status without re-screening, unless the five-year re-screen has
become due during the leave of absence. Written verification of the leave of absence
status, with the specific dates, must be completed by the owner or operator of the
child care facility and included in the personnel record of the employee. For
screening purposes, a leave of absence is not considered a break in employment,
unless the individual sought and gained employment outside of the child care
industry during the leave of absence.
G. Consideration of Applicant’s History
1. The Department shall include on the application for a child care license or certificate
of compliance a question asking the applicant, owner, or operator if any such person
has ever had a license or certificate denied, revoked, or suspended in any state or
jurisdiction or has been the subject of a disciplinary action or has been fined while
employed in a child care facility. The applicant, owner, or operator shall attest to the
accuracy of the information requested under penalty of perjury. If the applicant,
owner, or operator admits that he/she has been a party in such action, the Council
shall review the nature of the suspension, revocation, disciplinary action, or fine
before granting the applicant a license or certificate to operate a child care facility. If
the Council determines as the result of such review that it is not in the best interest
of the State or County for the applicant to be licensed or obtain a certificate, a
license or a certificate shall not be granted in accordance with the procedures set
forth in Article V (A) herein.
2. The child care facility employer shall require that the application for a child care
personnel position contain a question that specifically asks the prospective employee
if he/she has ever worked in a facility that has had a license or certificate denied,
revoked, or suspended in any state or jurisdiction or has been the subject of a
disciplinary action or has been fined while employed in a child care facility. The
prospective employee shall attest to the accuracy of the information requested under
penalty of perjury. If the prospective employee admits that he/she has been a party in
Article VII: Background and Screening Requirements 38
such action, the employer shall review the nature of the denial, suspension,
revocation, disciplinary action, or fine before the prospective employee is hired.
3. The facility shall conduct an employment history check for the previous five years or
last three (3) jobs (whichever covers a longer period) as part of background
screening for all child care personnel. This shall be documented on forms and
contain such information as prescribed by the Department.
H. Requirements for renewal of license or applicable certificate
1. Each facility which applies for renewal of its license, or applicable certificate, shall
submit to the Department a list of all employees at the facility, and indicate the dates
of hire and the dates they satisfied background screening requirements.
Failure to supply missing information within thirty (30) days or to show reasonable
efforts to obtain such information shall result in automatic disqualification. The
Department shall review the records of child care personnel at the facility with
respect to the crimes contained in Florida Statutes, § 435.04, as amended or
replaced, and shall notify the facility of its findings. When disposition information is
missing on a criminal record, it shall be the responsibility of the person being
screened, upon request of the Department, to obtain and supply within thirty (30)
days the missing disposition information to the Department.
2. The applicant shall sign an affidavit under penalty of perjury stating that all new
child care personnel have been screened and cleared and that the facility's remaining
child care personnel have worked at the facility on a continuing basis since being
initially screened at the facility. A license or applicable certificate may be issued if
all the facility personnel have been screened and cleared; however, a license or
applicable certificate shall not be issued or renewed if any of the child care
personnel at the facility have failed the screening required by these rules and
continue to be employed or assist at the facility.
Article VII: Background and Screening Requirements 39
ARTICLE VIII. SUPERVISION AND STAFFING REQUIREMENTS
A. Staffing Requirements
1. Operator/Director
a. The operator/director of a child care facility must be at least twenty-one (21) years of age.
b. Every child care facility director must have a Director Credential.
c. The Director Credential shall be posted in a conspicuous location in the facility so that
parents and other visitors to the facility can read the information on the certificate.
d. The operator shall be responsible for the overall supervision of all staff, substitutes,
employees, enrichment service providers, and volunteers in the child care facility or
program.
e. The credentialed director must be on-site a majority of hours that the facility is in
operation, excluding evening and weekend hours. Documentation of majority of hours
must be retained for at least one year, and be available for review by the Department.
f. An individual may not be the director simultaneously of two or more child care facilities
that have an overlap in the hours of operation.
g. In the absence of the operator/director, there must be a person at least twenty-one (21)
years of age in charge of the facility and on the premises at all times, and must be so
designated in writing by the operator/director. This written designation shall be
conspicuously posted, so that it can be read by visitors and staff at the facility.
h. In the absence of the operator/director, the designated person in charge shall be
responsible for the overall on-site supervision of staff, and shall be fully aware of matters
pertaining to children’s records, staff records, and routine facility operation. Such person
shall also be capable of responding to queries from parents or representatives of the
licensing agency. The person left in charge of the facility in the absence of the director
shall be able to provide access to Department personnel for inspections or investigations,
and shall be able to provide access to all relevant records, in keeping with Article XV(A)
and Article XXI(C) or these rules and regulations.
i. Child care facility owners must notify the Department prior to, or within 48 hours upon
losing a credentialed director or when there is a change of director.
j. The following exceptions shall apply:
1. A credentialed director is not required for facilities offering child care only during the
evening hours as defined in Article XVI of these rules.
2. The Director Credential is not required for certificate of substantial compliance
facilities.
Article VIII: Supervision and Staffing Requirements 40
3. Pursuant to Section 402.305(1)(c), Florida Statutes, as amended or replaced, a
credentialed director may supervise multiple before-school and after school sites for a
single organization as follows:
i. Three sites regardless of the number of children enrolled; or
ii. More than three sites if the combined total number of children enrolled at the
sites does not exceed 350. .
4. When a credentialed director is supervising multiple sites, the individual left in
charge of a site in the absence of the credentialed director must meet the following
requirements:
i. Be a least 21 years of age.
ii. Have completed the approved 40-clock hour Introductory Child Care Training
approved by DCF; and
iii. Have completed DCF’s Part II specialized training course, Special Needs
Appropriate Practices, or a minimum of 8 hours of registry-approved in-service
training in serving children with disabilities; and
iv. Have completed DCF’s School-Age Appropriate practices specialized training
module; and
v. Have a Staff Credential.
5. Where the public school district has included 4-year old children in public before-
school and after-school programs, the school district may participate in the multi-site
supervision operation. Public after-school programs are required to have a
credentialed staff person pursuant to the credentialing requirements in Article
VI(G)(1), in order to accommodate the 4-year old children. Such programs are not
operated and staffed by the public school district.
2. Staff
a. Staff must be at least eighteen (18) years of age.
Exception: Person(s) who have completed the requirements for career and
technical education programs entitled. Early Childhood Education may be
employed in child care facilities in Palm Beach County at seventeen (17) years of
age. Operators must retain a copy of the student's proof of completion on file.
These persons can be counted for the purposes of computing the personnel to
child ratio as long as they are under the direct supervision of child care personnel
eighteen (18) years or older.
Article VIII: Supervision and Staffing Requirements 41
b. Effective January 1, 2012, each group of children in a child care facility must be
staffed by at least one staff person who has a high school diploma, GED, or
verified staff credential as defined in Article III of these rules.
3. Substitutes -- A substitute is staff of a child care facility, and must be at least eighteen
(18) years of age. A substitute may be seventeen years of age provided such person has
completed the requirements for the career and technical education programs titled Early
Childhood Education. Operators must retain a copy of the student's proof of completion
on file for the Department’s review.
4. Volunteers -- All volunteers must be at least twelve (12) years of age. A volunteer who
assists on an intermittent basis for less than 10 hours per month is not included in the
term “staff” or “personnel” for screening and training purposes if a person who meets the
child care personnel screening and training requirements is always present and has the
volunteer in his or her line of sight.
B. Staff to Child Ratios
1. The minimum staff-to-child ratios shown in the table below must be maintained at all times
with additional staff and supervision requirements for field trips, transportation, and
swimming activities as set forth in Articles XVII and XVIII of these rules, and staff ratios for
facilities providing specialized care for mildly ill children as set forth in Article XIX (A)
herein.
2. A child enrichment service provider shall not be considered a volunteer or child care
personnel, and shall not be counted in meeting group or staff to child ratios.
3. For every twenty (20) children, a child care facility must have at least one (1) child care
personnel who meets the Staff Credential requirement. Based on this formula, child care
facilities with twenty (20) – thirty-nine (39) children must have at least one (1) credentialed
staff member; facilities with forty (40) – fifty-nine (59) children must have at least two (2)
credentialed staff members, and so on.
a. Child care facilities with 19 or fewer children that operate less than 8 hours per
week are not subject to the staff credential requirement.
b. Volunteers who work at the facility a minimum of 20 hours per week and meet
the credential requirement may be included in calculating the ratio requirement.
c. Children who are five years old, and who are enrolled in and attend a
kindergarten program or grades one and above are excluded from the calculation of
the credential ratio.
Article VIII: Supervision and Staffing Requirements 42
Minimum Staff-to-Child Ratios
AGE OF CHILDREN
STAFF RATIOS FOR
CHILD CARE
STAFF RATIOS FOR
DROP-IN CHILD CARE
Under 1 year of age
1 staff member for 4 infants
1 staff member for 2 infants
1 to 2 years of age
1 staff member for 6 infants
1 staff member for 4 infants
2 to 3 years of age
1 staff member for 11
children
1 staff member for 6 children
3 to 4 years of age
1 staff member for 15
children
1 staff member for 8 children
4 years of age
1 staff member for 20
children
1 staff member for 10
children
5 years of age or older
1 staff member for 25
children
1 staff member for 15
children
Staff Ratios in Specialized Child Care for the Mildly Ill -- Article XIX (A)
Staff Ratios for Field Trips with Swimming Activities & Water Play – Article XVIII
(A & B)
School Age Child Care Programs in Public Schools: Pursuant to Article X (C) (3):
Where the Department deems that safe access to the fenced play area can not be provided,
including, but not limited to exposed crawlspaces, traversing driveways or trafficked areas,
but excluding water hazards, such school age child care program shall maintain at a
minimum, a staffing ratio at the level of 1 staff per 15 children in attendance.
C. Supervision
1. Children under care must be directly supervised by staff persons at all times. Direct
supervision means watching and directing children's activities within the same room,
within a designated outdoor play area, or while transporting children. Child care
personnel must provide children with supervision and care in accordance with the
children’s age and required needs, and be accountable for the children at all times.
2. Child care personnel at a facility must be assigned to provide direct supervision to a
specific group of children, and be present with the group of children at all times,
including during meals, napping, sleeping, snack time and during periods of night-time
care.
Article VIII: Supervision and Staffing Requirements 43
3. During nap time, supervision requires that staff be in close proximity, within line of sight
and hearing of all the children. Nap time supervision, as described in this section, does
not include supervision of infants, who must be supervised closely and directly at all
times. At all times lighting must be sufficient to visually observe and supervise children
while in care.
4. Caregivers shall remain awake while children are in care.
5. No operator, owner, volunteer, enrichment service provider, or employee of a child care
facility shall be under the influence of narcotics, alcohol, or other impairing drugs, while
working with children in a child care facility or program.
6. An owner, child care personnel, volunteer, or enrichment service provider shall not allow
or engage in any activity or behavior that places or is likely to place children at risk of
being injured, frightened, or exposed to other harmful or inappropriate experiences.
7. Except where specifically authorized elsewhere in these rules, volunteers may not be
counted for the purposes of meeting minimum supervision and staff ratio requirements.
8. All volunteers must be supervised by staff and their location within the facility known at
all times while such volunteers are assisting at the facility. In no event shall volunteers be
permitted to be left with children without the presence and supervision of staff.
9. Commingling
a. Infants under 12 months of age shall not be commingled with other children over
24 months of age:
b. Infants 12 months of age or older may be commingled with older children who
will be less than 36 months of age by September 1 of the current year. Thus, any
child who will reach 36 months of age by September 1 of the current year cannot
be commingled with infants.
c. In a room with infants 12-24 months of age, mixed with older children, one staff
member shall not be responsible for more than six (6) children.
d. In a room with infants under 12 months of age, mixed with infants 12-24 months
of age, one (1) staff member shall not be responsible for more than four (4)
children.
10. Except where otherwise stated in these rules, the following staffing ratios shall apply: Where
all the children are 24 months and older, the staff ratio shall be based on the age of the
majority of children in the group. When there is a tie, the ratio shall be based on the
requirements for the youngest child in the group.
11. Children must not be left unattended while being diapered or when changing clothes.
Children must be continuously supervised while using the toilet, lavatory, or bathing facility.
Article VIII: Supervision and Staffing Requirements 44
12. During outdoor play, staff must situate themselves in the outdoor play area so that all
children remain within a staff member’s line of vision, and can be heard by staff. During
rainfall or whenever lightning is visible on the horizon or thunder is audible, children must
immediately be removed from the outdoor play area and returned to the building
13. In the absence of regular staff members, substitutes may be used provided such substitutes
have met all the requirements imposed by these rules on regular staff members.
14. Children must be released only to custodial parents or persons sixteen (16) years of age or
older authorized in writing and listed on the enrollment form by a custodial parent.
15. When both non-handicapped and handicapped children are served, the operator shall make
any necessary adjustments in the staff ratio to ensure adequate and proper care for the
handicapped child(ren).
16. Where drop-in child care is provided, the child shall be in care for no more than a 4-hour
period, and the parent shall remain on the premises of the shopping mall or business
establishment at all times while the child is in care at the facility.
17. Where drop-in child care is provided, and there are children in numbers and of an age that
only one (1) staff member need be present to maintain the staff ratios, a second staff member
shall be on hand at the facility at all times. This additional staff member shall assist in
supervision in the event of an emergency.
18. All children under the supervision of the facility at any time, whether or not on the premises,
including children related to staff members and children away from the facility on field trips,
shall be counted in determining compliance with these rules and regulations.
19. No person shall be an operator, owner, or employee in a child care facility while using or
under the influence of narcotics, alcohol, or other drugs that impair an individual’s ability to
provide supervision and safe child care.
Article VIII: Supervision and Staffing Requirements 45
ARTICLE IX. DAILY PROGRAM AND DISCIPLINE
A. Daily program.
1. There must be a written daily program of scheduled activities that to provide meaningful age-
appropriate experiences for the children. The scheduled activities should be designed and
conducted to promote emotional, social, intellectual and physical growth; include quiet and
active play, both indoors and outdoors; and include meals, snacks and nap times, if
appropriate for the age and the times that the children are in care.
2. The activity program for both infants and other children must be conspicuously displayed in
the child care facility Providers are encouraged to advise parents or guardians of their child’s
activities on a daily basis, and to allow the parents or guardians to participate in the
program’s activities.
3. The program for infants must include adequate opportunity for activities for at least two (2)
hours per day outside of the crib or playpen. A clean, safe, and appropriate area must be
provided for this activity. In addition, infants and other children in care shall be provided
with opportunities for outdoor time each day that weather permits.
B. Parental access.
1. A child care facility must provide the custodial parent(s) or legal guardian access, in
person or by telephone, to the child care facility, while a child of such parent(s) or legal
guardian is in care.
C. Discipline.
1. All child care personnel at the facility, away from the facility on field trips, or
transporting children before or after school shall comply with the facility’s written
disciplinary policies.
2. Children must not be subjected to discipline which is severe, humiliating or frightening.
3. Discipline must not be associated with food, rest or toileting.
4. Spanking or any other form of physical punishment is prohibited.
5. Prior to admission of a child to a child care facility, the facility shall provide the
facility’s written discipline policy to the parents or guardians. The specific types of
discipline used for each age group must be included in the written material provided to
parents or guardians.
6. Verification that the child care facility has provided, in writing, the disciplinary policy
used by the facility shall be documented on the enrollment form, and signed by the
current custodial parent or legal guardian.
7. A copy of the facility’s current written disciplinary practices must be available to the
Department’s representatives upon request.
8. Staff shall be required to review the facility’s disciplinary policy and sign a written
verification that such policy has been provided and review.
Article IX: Daily Program and Discipline 46
ARTICLE X. PHYSICAL FACILITIES
A. General.
1. No portion of the building or property shall be used for any purpose which endangers the
health and safety of the children.
2. The approved and or licensed areas of a child care facility shall be utilized exclusively for the
children enrolled in the facility during the normal operating hours.
3. All water hazards such as pools, swimming pools, wading pools, ditches, fishponds, etc.,
shall be adequately fenced in accordance with accepted safety practices. The minimum height
of the fence shall be four (4) feet. If a gate is provided, it must be key locked. Prior to the
installation of the fence, the facility must obtain an applicable permit from the local
jurisdiction having authority. In addition, in no circumstance will a screen enclosure or
similar device be accepted in lieu of a fence. In the event that this subsection conflicts with
future amendments to the Florida Building Code, the provisions of the Florida Building Code
shall apply.
4. All surfaces or items, accessible to children in the child care facility shall be free of toxic
substances and hazardous materials.
5. The child care facility must be free of lead based paint hazards. Renovations to child care
facilities built prior to 1978 must comply with 40 CFR Part 745: EPA Renovation, Repair
and Painting Rule.
6. All potentially harmful items including cleaning supplies, flammable products, poisonous,
toxic, or hazardous materials and other potentially poisonous or dangerous supplies shall be
plainly labeled. Any product that bears a warning on the label KEEP OUT OF THE REACH
OF CHILDREN, or words or symbols to that effect, shall be presumed to be potentially
poisonous or dangerous. These items, in addition to knives, sharp tools, and other potentially
dangerous implements and materials, shall either be stored in a locked area or be absolutely
inaccessible to children in care.
7. Products that produce irritating odors or toxic fumes shall not be used while children are
present.
8. Staff purses and personal items shall be inaccessible to children.
9. Animals (excluding aquarium fish and hermit crabs) are prohibited on the premises. Special
animal programs may be permitted upon prior approval of the Department pursuant to a
written request.
10. Rooms occupied by children must have a minimum of twenty (20) foot candles of natural or
artificial lighting at three (3) feet from the floor to allow for adequate supervision and for
safe means of entering and exiting each room. Substantial compliance facilities are exempt
from the twenty (20) foot candles requirement during napping periods. At all times lighting
must be sufficient to visually observe and supervise children, including during naptime. A
Article X: Physical Facilities 47
minimum of fifty (50) foot candles of natural or artificial lighting is required at desktop level
while the room is being used for instruction.
11. Heating, ventilation, and air-conditioning (HVAC) equipment shall be installed and
maintained in a safe condition and in accordance with applicable laws, ordinances and
regulations.
12. An inside temperature of 72 to 82 Fahrenheit must be maintained at all times during
operation of the facility.
13. A reliable thermometer shall be provided in each major area of the facility.
14. Non-vented or open flame heaters (including water heaters) and portable electrical heaters
are prohibited.
15. As required by Florida Statute, section 790.174, as may be amended, and Florida
Administrative Code 65C-13.030 and 65C-20.010, as may be amended, a person who stores
or leaves, on a premise under his or her control, a loaded firearm, as defined in Florida
Statute, section 790.001, and who knows or reasonably should know that a minor is likely to
gain access to the firearm without the lawful permission of the minor’s parent or the person
having charge of the minor, or without the supervision required by law, shall keep the
firearm in a securely locked box or container or in a location which a reasonable person
would believe to be secure or shall secure it with a trigger lock. To the extent prohibited by
Florida Administrative Code 65C-20.010 (1)(d), no firearms or weapons as defined in
Section 790.001 Florida Statutes, shall be kept upon any person located on the premise,
excluding federal, state or local law enforcement officers.
16. Pursuant to Chapter 386, F.S., smoking is prohibited within the facility, all outdoor play
areas, during field trips, and in vehicles when being used to transport children. pursuant to
Chapter 386, Florida Statutes, as amended or replaced. Owners/operators shall notify
custodial parents and legal guardians, in writing, that smoking is prohibited on the premises
of the child care facility.
17. All child care facilities in Palm Beach County must comply with the same mandatory radon
testing and reporting requirements as state-licensed child care facilities pursuant to section
404.056(4), F.S. and section 64E-5.1208(c), F.A.C., irrespective of Palm Beach County’s
designation within the Department of Community Affairs’ Florida Radon Protection Map
Categories.
18. Child care facilities shall not be physically connected to domestic residences. Facilities
physically connected to domestic residences and previously approved for such operation may
continue until the facility undergoes a change in operation or ownership. However, the non-
conforming use may not be expanded.
19. Alcoholic beverages, narcotics or other impairing drugs are prohibited on the premises of the
child care facility.
Article X: Physical Facilities 48
20. All new child care facilities shall meet not less than the requirements set forth by Section
406.1, 406.2 and 406.3, Type 5, Educational Occupancy (E) Standard Building Code, as
amended by the Florida Building Code, currently adopted edition.
21. All child care facilities shall be located at ground level (street level), unless approved
otherwise by the Building and Fire authorities having jurisdiction.
22. Pursuant to Florida Statutes § 402.305(5), school age programs operated in public school
facilities, regardless of the operator, shall follow the standards set forth by the Florida
Building Code State Requirements for Public Educational Facilities with the caveat that
access to play areas be deemed safe by the Department, pursuant to Article X(C)(3) of these
rules. In addition, where multiple school age child care programs are operated in a public
school, the programs shall not be commingled.
23. School age child care facilities in public schools shall comply with applicable fire and life
safety codes pursuant to Chapter 69A-58, Fire Safety Standards For Educational and
Auxiliary Facilities, as amended or replaced.
24. All child care facilities (electrical installation, plumbing, etc.) must conform to all applicable
municipal and county building, fire and zoning codes.
25. Child care facilities shall be located on well-drained sites and shall be easily accessible. They
shall not be located where excessive noise, odors, dust, smoke, traffic or other unsafe or
harmful environmental elements interfere with the children's comfort and safety.
26. The building and property shall be free from fire hazards, including lint or dust build-up in
heating and air conditioning vents, filters, exhaust fans, ceiling fans, and dryer vents.
Improper storage of flammable or combustible materials, and unnecessary materials or
equipment shall be prohibited.
27. All openings to the outer air shall be effectively screened. When the windows or doors are
open, buildings must have and maintain screens to prevent entrance of insect or rodent.
Seals, gaskets, or casings around windows and doors must be free from gaps or openings that
will allow the entry into the building of insects and rodents when the doors or windows are
closed. Crawl spaces and soffit vents shall be screened to prevent the entry of rodents and
other vermin.
28. Floors shall have washable, easily cleanable surfaces. Floors subject to flood washing shall
be provided with floor drains.
29. Walls and ceilings of all rooms shall be kept clean and in good repair. Toilet room walls shall
be of impervious material or shall be painted with enamel paint to splash level.
30. There shall be a sanitary storage space for cots and equipment if a separate sleeping room is
not provided, and adequate individual storage space provided for each child's personal
belongings. Sleepmats shall be stored at a minimum of six (6) inches off the floor, and in a
clean and orderly manner.
Article X: Physical Facilities 49
31. Adequate on-site laundry facilities are to be provided as necessary: In facilities not providing
specialized care for mildly ill children, on-site laundry facilities may be used provided that
there is added one quarter cup of bleach per gallon of water to the final rinse cycle of the
wash, in an effort to eliminate children’s exposure to disease microorganisms. Arrangements
with a commercial laundry are acceptable for such facilities. Facilities providing specialized
care for mildly ill children shall not utilize an on–site laundry. In a facility that provides care
for both well children and mildly ill children, linens and laundry activities for these programs
shall be separate.
32. A well-lighted and ventilated dining area shall be provided. Tables, benches, and chairs shall
be of a convenient size and well constructed.
33. All rooms shall be ventilated by windows or mechanical means sufficiently to prevent all
objectionable odors and excessive condensation, and in such a manner as to avoid direct
drafts on the children. All windows, which can be opened, and doors which may be left open,
shall be provided with a mesh fly screen. Screens are not required for open air classrooms
and picnic areas.
34. The premises, both inside and out, shall be maintained in a clean and sanitary condition, free
of insects and rodents, and in good repair at all times.
35. Pest control shall not take place while rooms are occupied by children or during hours of
operation of the child care facility.
36. Stairways with a series of steps of three (3) or more must have hand-rails on each side and be
equipped with non-skid treads.
37. Electric fans shall be permanently installed, screened and out of the children's reach.
38. All electrical outlets shall be capped when not in use.
39. Fire extinguishers, as required by the Fire Authority having jurisdiction, shall be provided.
40. Fire drills shall be conducted periodically, but not less than every month. A fire plan shall be
posted conspicuously in each occupiable room, hallway or area, and near each telephone.
41. Extension cords shall not be used as permanent wiring.
42. Power cords from appliances shall not be readily accessible to children.
43. The use of safety glazing materials in all glass doors, tubs, shower enclosures and other
hazardous locations, shall comply with Florida Statutes, §§ 553 Part III, as amended or
replaced and Chapter 24 “Glass” Florida Building Code, currently adopted edition.
44. There shall be an adequate supply of potable water, meeting the applicable quality standards
of Chapters 62-550, 62-555, and 64E-8, Florida Administrative Code, as amended or
replaced, and standards of Palm Beach County, as adopted under Palm Beach County
Environmental Rule II.
Article X: Physical Facilities 50
45. All sewage shall be centrally collected and disposed of as required by Chapter 64E-6, Florida
Administrative Code, as amended or replaced, and Palm Beach County Environmental
Control Rule I as amended or replaced.
46. There shall be a mop sink or janitorial sink available in all child care facilities.
47. All child care facilities shall subscribe to a garbage collection service and comply with
Chapter 62-701, Florida Administrative Code, as amended or replaced.
48. Each child care facility shall have at least one (1) approved drinking fountain for each thirty
(30) children or provide a potable water supply with a dispenser and disposable cups.
(a) Bubbler type fountains or any arrangement whereby water falls back on the
mouthpiece shall not be used.
(b) The water jet shall be adjusted so that water clears the mouthpiece but does not
splash on floor or wall.
(c) The drain from the fountain shall not have a direct physical connection to a waste
pipe unless the drain is trapped.
(d) All drinking fountains shall be cleaned at least daily with a germicidal or
bacteriostatic cleaner containing no objectionable odor.
(e) The mouthpiece, basin and exterior shall be effectively cleaned and sanitized at
least daily.
(f) The floor and wall adjacent to the fountain shall be kept dry and clean.
(g) Disposable cups shall not be reused.
49. Exits from the facility shall open onto safe, protected, fenced areas, or shall have active,
audible alert mechanisms to alert staff as to when such doors are opened. This requirement is
separate and apart from the fencing requirement in Article X (C) herein.
50. Control Point: For security purposes, the facility shall be configured to have a central control
point to monitor persons entering or leaving the facility. Alternatively, the facility shall have
a written plan for the control of persons entering and leaving the facility. Such plan shall be
maintained on site at the facility, and shall be available to the Department for review upon
request.
51. For each child in care, there shall be a minimum of thirty-five (35) square feet of usable
indoor space as herein defined. Useable indoor floor space is calculated by measuring at floor
level between interior walls and by deleting space for stairways, hallways, toilets and bath
facilities, permanent fixtures and non-moveable furniture. Kitchens, offices, laundry rooms,
Article X: Physical Facilities 51
storage areas and other areas not used by children in normal day-to-day operations are not
included when calculating useable indoor floor space.
a. Indoor recreation facilities must have, at a minimum, 3,000 square feet of usable
indoor floor space designated for indoor play or fitness activities. Such designated
indoor play space shall be in addition to the minimum thirty-five (35) square feet
per child of useable space per child licensed capacity.
B. Outdoor play areas.
1. There shall be a minimum of 75 square feet of outdoor play area per non-infant child, for
at least one-half of the total number of non-infant children for which the center is
licensed. However, a child care facility shall not have less than 1500 square feet of
outdoor play area.
2. There shall be a minimum of 45 square feet of outdoor play area per infant, for at least
one-half of the total number of infants for which the facility is licensed.
3. At no time should the number of children using the outdoor play area result in a reduction
of the available space per child below the minimum space required, as set forth above.
Split shifts may be used to ensure that space requirements are maintained during the use
of outdoor play areas.
4. Any proposed changes to the outdoor play area of an existing child care facility shall be
reviewed and approved in writing by the local zoning, building, and fire departments
having jurisdiction. Verification of this review and approval should be documented on a
form prescribed by the Department.
5. All outdoor play areas must be enclosed by safe and adequate fencing, wall or a combination
thereof, of no less than four (4) feet high. Fencing, including gates, shall be maintained and
shall not have gaps that would allow children to exit the outdoor play area. The base of the
fence must remain at ground level, free from erosion or build-up, to prevent children leaving
the play area by easily climbing over the fence or crawling under the fence, and to prevent
access by animals.
6. Outdoor play areas shall be located on facility property and shall be immediately adjacent to
the building or accessible by a route free from safety hazards, including but not limited to
water hazards electrical equipment, and busy roadways. For new or extensively remodeled
facilities, or upon a change of ownership, access to play areas from the facility must be
protected by a continuous wall or fence no less than four (4) feet high.
a. Classrooms serving infants shall have direct access to the outdoor infant play areas.
b. School aged child care facilities shall provide safe access to play areas. Access shall
be evaluated on a case-by-case basis by the Department and shall be deemed safe if
the determination is appropriate. In school age child care programs located in public
school sites, where the Department deems that safe access to the fenced play area
cannot be provided, including, but not limited to exposed crawlspaces, traversing
Article X: Physical Facilities 52
driveways or trafficked areas, but excluding water hazards, such school age child care
program shall maintain additional staffing, pursuant to Article VIII(AB)(1) of these
rules.
7. The outdoor play area shall be clean, free of litter, nails, glass and other hazards.
8. Outdoor play area shall provide both sun and shade.
9. Any swimming pool or wading pool used by a child care facility must be constructed and
operated, at a minimum, in compliance with Chapter 64E-9, Florida Administrative Code,
Public Swimming Pools and Bathing Places, or its successor provisions, and the Florida
Building Code, Chapter 4, Special Occupancy: Section 424, Swimming Pools and Bathing
Places, as amended or replaced. Should there be a conflict, the Florida Building Code shall
apply.
10. Drop-in child care facilities shall be exempt from the requirement for outdoor play space.
However, where outdoor play space is provided, it shall meet the requirements for child care
facilities as set forth herein.
11. Facilities that only provide nighttime care are exempted from the outdoor play space
requirement. An open area designated within the existing indoor floor space must be
available for play that promotes the development of gross motor skills. Such indoor play
space shall be in addition to the 35 square feet per child indoor space requirement, and shall
total no less than one thousand (1000) square feet. Where such facilities provide an outdoor
play area such outdoor play area shall be consistent with Article X of these rules.
Additionally, such outdoor play areas shall be equipped with adequate lighting.
12. An indoor recreational facility is exempt from the minimum outdoor-square-footage-per-
child requirement specified herein, if the indoor recreational facility satisfies the
requirements of Article X herein. Where the indoor recreation facility has less than 3,000
square feet of useable indoor floor space, an outdoor play area shall be provided. Such
outdoor play area shall be consistent with Article X of these rules.
13. A facility offering before and after school programs only, and providing services to school
age children in the 6
th
grade or above for a duration of four hours or less, need not meet the
outdoor playground space requirements, provided that the location, layout, and arrangement
of the facility meet all local building, zoning, and fire safety requirements for the intended
use, and shall allow for effective emergency evacuation of the full capacity of the building as
verified in writing by the Fire Safety authority having jurisdiction.
C. Napping/Sleeping Space, Bedding & Linens.
For the purpose of these rules, sleeping refers to the normal overnight sleep cycle while napping
refers to a brief period of rest during daylight or early evening hours.
Article X: Physical Facilities 53
1. Each facility must include a designated area where a child can lie down to rest or
nap. Facilities offering only one half-day programs and those programs involving
only school-aged children are not required to provide an area where a child can lie
down, but must provide an area where a child can sit quietly to rest or nap. The
capacity of napping space must be a minimum of 35 square feet of usable space per
child at any one time. Napping space and usable indoor floor space may be used
interchangeably.
2. Individual bedding must be provided for each child for use when napping or sleeping
and maintained in a safe and sanitary manner. Bedding shall be appropriate for the
child’s size. Towels are not to be used as mats. Bedding means a cot, bed, crib, or
mat at least one (1) inch thick, with an impermeable, easily cleanable exterior
surface. Playpens may only be used for napping. Facilities offering only half-day
programs are not required to provide cots or mats.
3. Bedding shall be sanitized at least daily or more frequently as needed. Cots and mats
shall be sanitized on a weekly basis, or more frequently as needed, where individual
cots and mats are assigned to specific children for use. In this case, the facility shall
maintain on site a current record of bedding assignments.
4. Linen, if used, shall be individually labeled, and laundered at least once each week
and more often if necessary. Linen, if used for more than one (1) child shall be
laundered between usage. Where clothing or items are provided for dress-up play,
these items shall be laundered following each child’s usage if necessary, and at least
once weekly. Such items shall be easily cleanable or machine washable, in safe
condition, and stored in an orderly sanitary manner.
5. Linen must be provided when children are sleeping, and pillows and blankets must
be available when appropriate.
6. Linens, when not in use, must be stored in a sanitary manner which prevents the
spread of germs or lice from other linens.
7. A minimum distance of eighteen (18) inches must be maintained around individual
napping and sleeping spaces. Napping space shall not be under furniture or against
furniture that may create a hazard. Exit areas must remain clear in accordance with
fire safety regulations.
8. No double or multi-decked cribs, cots or beds shall be used. As of December 29, 2012,
the use of drop-side cribs is prohibited.
9. Infants up to one (1) year must rest or nap individually in their own crib. Bar spacing
may not exceed two and three-eighths inches. Cribs must meet the construction
regulations as outlined in Title 16, Parts 1508 & 1509, Code of Federal Regulations,
as amended or replaced.
Article X: Physical Facilities 54
10. Pillows and sleep positioners in infants’ cribs are prohibited. Blankets, if used, shall be
arranged so that infants’ upper bodies remain visible to staff at all times. Crib bumpers
and crib bumper pads shall not be used.
11. When napping or sleeping, young infants that are not capable of rolling over on their
own should be positioned on their backs and on a firm surface to reduce the risk of
Sudden Infant Death Syndrome (SIDS), unless an alternate position is authorized in
writing by a physician. This documentation shall be maintained in the child’s record.
D. Toilet and bath facilities.
1. When in operation, each child care facility shall be provided with conveniently located
toilet and bath facilities for the exclusive use of the child care facility.
2. Newly constructed and extensively renovated facilities shall satisfy the bathroom ratios
as specified in the Florida Building Code, currently adopted edition.
3. Lavatories may be located immediately adjacent to toilet rooms. Lavatories in
kitchens and infant rooms are to be supplied with hot and cold running water.
4. Existing facilities previously approved to have a minimum of two (2) toilet rooms,
each with a commode and lavatory sink supplied with running water, with an
additional bathroom with toilet and lavatory for each additional thirty (30) children
or fraction thereof, may continue as approved, subject to the building authority
having jurisdiction.
5. Existing facilities going through change of ownership or capacity increase not
involving extensive renovation, may continue as previously approved, subject to the
Building and Fire departments having jurisdiction. Such facilities shall provide
written verification of approval from these agencies to continue at the lower
toilet/lavatory ratio on a form as prescribed by the Department.
6. All toilet seats shall be of the open front type.
7. Soap and towel dispensers shall be provided at all lavatories and liquid or powdered
soap shall be used.
8. No toilet room may open into a room in which food is prepared.
9. Newly constructed facilities, extensively renovated facilities, or facilities providing a
change in service, including change of ownership, must provide a sink supplied with
hot (not to exceed 110 degrees Fahrenheit) and cold running water, soap and towel
dispenser and a diaper changing table with an easily cleanable impervious surface for
children who are over twenty-four (24) months of age and are not toilet trained.
a. The hand wash sink shall be immediately adjacent or in close proximity to the
diaper change table, shall be at adult height (rim at 32 – 34 inches above the floor
surface) not be accessible to for use by children, and shall be used exclusively for
staff’s hand washing following diaper changing activities.
Article X: Physical Facilities 55
b. This diaper change area shall be located in the classroom, an adjoining toilet
room, or area designated for two (2) year olds.
c. A plastic lined waste receptacle with a close-fitting lid, which is not accessible to
children, shall be provided for the disposal of soiled diapers. This shall be
emptied and sanitized at least daily.
10. Where the indoor play space also serves as the dining area, and the children are
closely supervised while using toilet and bath facilities, a toilet facility may open
directly into areas where food is served.
11. Toilets, bath facilities, and wash basins shall be easily accessible, and at a height
usable by the children. Platforms are acceptable when safely constructed, with an
impervious surface that can be easily cleaned and disinfected.
12. Each basin and toilet must be maintained in good operating condition, and cleaned
and disinfected at least daily or more frequently as needed.
13. At least one (1) portable or permanent bath facility shall be available for bathing
children. The portable or permanent bath facility shall be cleaned and must be
sanitized or disinfected after each use.
14. Running water, dispensers containing toilet paper, disposable towels, and liquid or
powdered soap, and trash receptacles shall be available and within reach in all
bathrooms, including those designated for staff use. Hand drying machines are
prohibited for use in bathrooms designated for children.
15. Adult lavatories and toilet facilities must be provided and separated from those used
by children in child care facilities at the time of construction, renovation or change of
ownership. Adults shall not use lavatories and toilet facilities designated for
children’s use. Hand drying machines that are properly installed and maintained in
good working order may be used instead of towels in bathrooms designated for staff
use.
E. Isolation areas.
1. A suitable isolation room or area, adequately ventilated and heated, shall be provided for
the temporary isolation of children with communicable diseases or who are displaying
signs of illness and are waiting to be picked up by the parent or guardian. This room or
area is to be located so that the sick child has easy and quick access to hand washing and
toilet facilities.
2. The isolation area or room must be provided with a cot, mat, or bed made of materials
that can be sanitized easily.
3. After each use linens must be changed and washed, and disposable items must be
changed and discarded. Until cleaned or discarded, used linens and disposables shall be
kept in a closed container within the isolation area.
4. An isolated child must be within sight and hearing of a staff person at all times and
Article X: Physical Facilities 56
carefully observed for worsening conditions.
5. In facilities where specialized child care for mildly ill children is provided, isolation
rooms or areas shall comply with the additional requirements set forth in Article XIX (B)
of these rules.
F. Fire safety and Emergency planning.
1. All child care facilities shall conform to state standards prepared by the state Fire
Marshal: Chapter 69A-36, Florida Administrative Code, Uniform Standards for Life
Safety and Fire Prevention in Child Care Facilities, as amended or replaced, and shall
be inspected annually. A copy of the current and approved annual fire inspection
report by a certified fire inspector must be on file with the Department.
2. There shall be at least one (1) operable landline or Voice over Internet Protocol (VoIP)
telephone in the child care facility and, if indicated, additional telephones or extensions
to summon help in case of fire or other emergencies. All telephones must be operable in
the event of a power outage. Coin-operated and locked telephones shall be prohibited.
Telephones shall be located so as to be easily accessible from all parts of the building,
and shall be available to staff during the hours of operation. Telephone systems that
work only when a computer is turned on and internet connection is established is not
acceptable to meet this requirement.
3. All emergency telephone numbers, including fire, police, Regional and National Poison
Control phone numbers, Florida Abuse Hotline, Department, and ambulance shall be
posted conspicuously at each land-line telephone location.
National Poison Control Center
1-800-222-1222
Emergency Number (Fire, Police
& Medical)
911
Florida Abuse Hotline
1-800-96-ABUSE
1-800-962-2873
Palm Beach County Health
Department
North & Central County Area: 561-837-5900
South County Area: 561-274-3187
Glades Area: 561-996-1633
3. Emergency Evacuation Plan:
The facility shall prepare an Emergency Evacuation Plan including a diagram of safe
routes by which staff and children may exit each area of the facility in the event of fire
or other emergency requiring evacuation. The plan must be posted conspicuously in
each room of the facility.
Article X: Physical Facilities 57
4. Emergency Preparedness Plan: Each facility shall develop a written Emergency
Preparedness Plan to include, at a minimum, procedures to be taken by the child care
facility during fire, lockdown, evacuation of the area, and inclement weather. The plan
shall identify weather conditions requiring action and supply a response appropriate to
the weather condition. Each plan shall specifically include immediate removal of all
children from outdoor play areas during rainfall or whenever lightning is visible on the
horizon or thunder is audible. Each plan shall include taking and recording attendance
of children in the event of evacuation or relocation. Each plan shall include responses to
violent weather during field trips and transportation of children. This plan shall be
available on site for review by the Department.
5. Fire drills shall be conducted monthly.
a. Fire drill must be conducted on various days and at times when children are in care,
including naptime.
b. A current attendance record must accompany staff out of the building during a drill
or evacuation, and be used to account for all children.
c. At least one fire drill per year must be conducted using an alternate evacuation route.
d. At least one fire drill per year must be conducted in the presence and at the request
of the Department in coordination with the operator or designee.
e. The operator shall maintain a written record of fire drills showing the date, time,
number of children and staff in attendance, evacuation route used, time taken for all
individuals to evacuate the premises, and any unusual findings or problems
encountered. This record must be maintained for not less than one year from the
date of the drill.
6. A fire plan shall be posted conspicuously in each occupiable room, hallway or area, and
near each telephone
7. Emergency preparedness drills shall be conducted when children are in care. Each drill,
excluding the fire drill, outlined in the Emergency Preparedness Plan must be practices
at least one time per year, documentation of which must be maintain at the facility for
one year. A current attendance record must accompany staff during the drill or actual
emergency, and must be used to account for all children.
8. The facility shall maintain and post in a conspicuous location a written record of
emergency preparedness drills showing the type of drill, date and time conducted,
number of children and staff in attendance, and time taken for all individuals to
complete the drill.
9. Documentation of conducted fire and emergency preparedness drills must be available at
the facility at the time of inspection. Documentation produced after the inspection shall
not meet the licensing standard or corrective action requirements.
Article X: Physical Facilities 58
10. For drop-in child care, there shall be established and continuously maintained some
form of direct communication, such as a pocket pager, beeper or public announcement
system to enable the facility to immediately contact the parent of a child in care should
the need arise. This communication system shall be operable even in the event of a
power outage.
11. After a fire or natural disaster, the operator must notify the Department within twenty-
four (24) hours, in order for the Department to ensure minimum health and safety
standards are being met for continued operation. In the event that the Department is not
accessible by routine access phone numbers, the operator shall contact A. G. Holley
Hospital or the Palm Beach County Emergency Operations Center for further
information.
12. In the event that a state of emergency is declared for Palm Beach County, the
Department shall have the authority to enact appropriate interim policies and procedures
to ensure the health, safety, and well-being of children in care.
G. Additional Requirements for Infant care.
1. The care of infants shall be conducted in a separate room with hand washing facilities
supplied with hot (not to exceed 110 degrees Fahrenheit) and cold running water (diaper
changing sink), soap and paper towel dispensers and a diaper changing table with an
easily cleanable impervious surface.
2. The diaper change hand wash sink shall be immediately adjacent or in close proximity to
the diaper change table and shall not be accessible to children.
3. The infant room shall have, at a minimum, two (2) exits, one (1) opening directly to the
outside. In the event of change of in ownership, any new construction, extensive
renovation, relocation or addition of an infant room in which care is to be provided to
infants older than 12 months, the facility shall provide a child size commode and
lavatory which shall be in, across from or adjacent to the infant room. The commode
and lavatory are to be solely for infant use.
4. In facilities that provide only infant care, there need be only one (1) commode plus two
(2) lavatories, supplied with hot and cold running water for each thirty (30) infants or
fraction thereof. The number of bathrooms required is subject to the county or
municipal building department having jurisdiction.
5. Potty chairs, if used, shall be in addition to the toilet requirements, and shall be cleaned
and sanitized or disinfected after each use.
6. When infants or children in diapers are in care, a diaper changing table with an
impermeable surface shall be provided. The diaper changing surface shall be replaced
or cleaned with a sanitizing solution after each use. If a disposable, impervious covering
is used, this covering shall be properly discarded after each use.
Article X: Physical Facilities 59
7. The diaper changing area shall be located separate from the food preparation, food
service, and feeding areas. In addition, items unrelated to diaper changing shall not be
stored in the diaper changing area, nor shall they be placed on the diaper changing table.
The diaper changing sink shall not be used for washing, rinsing, or storing bottle or
other food utensils.
8. There shall be an adequate supply of clean diapers, clothing and linens at all times. Wet
or soiled clothing and linens shall be changed promptly.
9. Soiled disposable diapers shall be disposed of stored in a plastic lined secured covered
container which is not accessible to children. The container shall be emptied and
sanitized or disinfected at least daily.
10. Soiled, reusable diapers shall be emptied of feces in the toilet and placed in a secured
covered container which is not accessible to children. The container shall be emptied
and sanitized or disinfected at least daily.
11. In the event of a change in ownership, any new construction, renovation of an infant
room, or change of use to an infant room, a service utensil sink shall be installed in the
infant room. The service utensil sink shall be separate from the diaper changing sink,
located outside the diaper changing area, and shall be provided with hot and cold
running water. The service utensil sink shall not be used for handwashing or any other
activities related to diaper changing, and shall not be accessible to children.
H. Equipment -- Indoor and outdoor, furnishings and supplies.
A child care facility shall have equipment, furnishings and toys which are safe and can be
maintained in a sanitary condition. The furnishings and equipment shall be suitable to the size
and age of the child. There shall be equipment and supplies available in order to provide
activities to stimulate creative play and learning experiences, both indoor and outdoor.
1. All equipment must be installed safely and maintained in a safe and sanitary condition.
2. Outdoor play equipment not designed to be moved by children must be firmly anchored
so that they will not shift, lean, topple, or move from their foundation when pushed or
pulled by adults, or used by children.
3. Permanent or stationary playground equipment must have a ground cover or other
protective surface under the equipment that provides resilience, and is maintained to
reduce the incidence of injuries to children in the event of falls.
Article X: Physical Facilities 60
4. Child care personnel shall check the surface temperature of outdoor play equipment to
ensure that the equipment is safe before allowing children to use the equipment. The
surfaces of metal or plastic equipment may absorb heat from sunlight to reach high
surface temperatures causing burns to children using the equipment. Similarly, outdoor
equipment surfaces may become so cold as to cause severe discomfort or frost-bite.
5. Play equipment maintenance shall include routine checks at least monthly, of all supports
above and below ground, all connectors, and moving parts. The facility shall maintain
documentation of such routine maintenance checks for a period of not less than one (1)
year, and shall make such records available to the Department upon request.
6. All equipment, furnishings, fences, and other objects on the facility’s premises shall be
free of sharp or jagged edges, and shall be properly placed to prevent overcrowding or
safety hazards in any one area.
7. All equipment used in the outdoor area shall be constructed and maintained to allow for
water drainage.
8. Use of water bearing tables by two (2) or more children is prohibited. Water play is
allowed when individual containers are provided for each child, and containers are
cleaned and sanitized between uses by each child.
9. Sand or sawdust boxes used in outdoor play areas shall be constructed to allow for
drainage and maintained in a safe and sanitary condition. Sand and sawdust boxes must
be covered with durable and well-maintained covers when not in use.
Article X: Physical Facilities 61
ARTICLE XI: FOOD SERVICE REQUIREMENTS
A. All licensed facilities shall meet requirements as specified in Chapter 64E-11, Florida
Administrative Code, as amended or replaced, and other applicable state and local
regulations, which relate to food preparation and food services, and must have an approved
inspection report by the Department. This includes facilities involved in the Federal Food
Program, and facilities, which bulk-dispense or otherwise prepare food for service. In
addition, the following shall also apply:
1. All cooking equipment must be provided with a hood, fan, filters and fire
extinguishing equipment in compliance with applicable building and fire codes.
2. Catering service is acceptable as defined in Chapter 64E-11, Florida Administrative
Code, as amended or replaced.
3. Facilities constructed after September 22, 1996 must have a dispensing pantry consisting
of a three-compartment sink, hand washing sink supplied with hot and cold running
water, soap and towel dispenser and a refrigerator.
4. Where there is food preparation and or bulk dispensing, there shall be at least one
person on staff with primary responsibility for food preparation, and who has
completed and has current, the Food Manager’s Certification, with evidence of
certification on file at the facility. Pursuant to Chapter 64E-11, Florida
Administrative Code, as amended or replaced, such person or persons shall complete
this certification within ninety (90) days from the date of appointment. Such person
or persons shall be on site at the facility at all times during food preparation and food
dispensing activities.
5. Dishes shall have smooth, hard, glazed surfaces and shall be free from cracks or
chips. Sharp-edged plastic utensils intended for use in the mouth, or dishes that have
sharp or jagged edges shall not be used. Disposable tableware, such as plates, cups,
and utensils, may be used provided that they are made of heavy weight paper or food
grade plastic. Such disposable items shall be permitted for single use only and shall
not be re-used. Styrofoam tableware shall not be used for children under four years of
age.
6. The temperature of foods catered to the facility shall be checked at the time of
delivery, and recorded in a logbook. Foods delivered at non-safe temperatures shall
not be served. The temperature of foods to be served shall be checked with a
working food-grade, metal probe thermometer. Such logs shall be available to the
Department’s representatives. Hot foods shall be held at 140 degrees Fahrenheit or
above, and cold foods shall be held at 41 degrees Fahrenheit or lower, pursuant to
Florida Administrative Code, Chapter 64E-11, as amended or replaced.
Article XI: Food Service Requirements 62
B. The following regulations are an exception to Chapter 64E-11, Florida Administrative Code,
as amended or replaced, but are approved for child care facilities:
1. Approved for child care facilities is a three-compartment sink or a two-compartment
sink and dishwasher with an effective automatic sanitizing cycle. Machine sanitation
can be accomplished by the use of chemical solutions, hot water, or hot air. After
bacterial treatment, utensils shall be air dried and properly stored. Other types of
devices may be approved by the Department.
2. All milk and fluid milk products for drinking purposes shall be pasteurized and shall be
purchased and served from the original containers in which they were packaged at the
milk plant.
3. Children may be allowed in the food preparation area for educational purposes and if
provided direct and constant supervision.
Article XI: Food Service Requirements 63
ARTICLE XII. NUTRITION
1. If a facility provides meals or snacks, it shall provide enough nutritious foods to meet the
nutritional needs of the children served. The USDA MyPlate and Dietary Guidelines for
Americans, 2010., which are incorporated by reference, shall be used to determine what food
groups to serve at each meal or snack and the serving size of the selected foods for children
two years of age and older, may be found at: http://www.choosemyplate.gov/. Using the
USDA MyPlate, breakfast shall consist of at least three (3) different food groups, lunch and
dinner shall consist of at least four (4) different food groups, and snacks shall consist of at
least two (2) different food groups. Recommended meal patterns to meet these standards are
furnished by the Department as a guide for the operator. If a facility chooses to serve
breakfast and lunch, milk must be served with at least one of the meals provided. If a facility
chooses to serve dinner, milk must be served with this meal.
2. Nutrition Plan. There shall be a written agreement signed by the parent and operator and kept on
file at the facility with a copy given to the parent. This agreement shall define the responsibilities
of the parent and the operator for meeting the child's nutritional needs. If meals and/or snacks are
furnished by the child's parents, this alternate nutrition plan shall be indicated in the written
agreement.
3. Meal schedules may vary based on the duration of time the child is in care, but shall be at a
minimum as follows:
i. Children in care for eight (8) and fewer hours shall be offered at least one (1) meal
and two (2) snacks, or two (2) meals and one (1) snack;
ii. Children in care for more than eight (8) hours shall be offered at least two (2) meals
and two (2) snacks, or three (3) snacks and one (1) meal;
iii. Children shall be offered food at intervals at least two (2) hours apart and not more
than three (3) hours apart unless the child is asleep.
iv. All facilities shall assure that each child is provided with a mid-morning and mid-
afternoon snack in addition to the number of meals necessary to meet the child's
nutritional needs as stated in Article XII (A) above. Such snacks shall be served
regardless of whether they are eligible for reimbursement under the Federal Food
Program.
v. Mid-morning snacks may be deleted if breakfast is served, provided that the routine
mid-morning snack period is two (2) hours or less away from the time that breakfast
is served. Young infants may require to be fed at shorter intervals than every two (2)
hours to meet their nutritional needs, and shall be fed accordingly.
vi. For drop-in child care, where children are in care for three (3) or more hours, a
nutritious snack shall be provided.
4. Arrangements shall be made between the operator and parent for a child's modified diet when
prescribed by a physician. The physician's order and a copy of the diet shall be in the child's
records.
Article XII: Nutrition 64
5. If a custodial parent or legal guardian informs the child care facility that the child has any food
allergies, written documentation must be maintained in the child’s file for as long as the child
remains in care. All staff members must be informed about any special food restrictions, and
the information must be posted in a conspicuous location.
6. Meals and snack menus shall be planned, written and posted at the beginning of each week.
Menus shall be dated and conspicuously posted on a weekly basis in the food service area and
accessible to parents. Any menu substitution shall be posted and entered on a log book used
for this purpose.
7. Infants shall be individually fed or supervised at feeding and offered foods appropriate for
their age. Formula and beverage shall be prepared, individually labeled and capped by the
parent. Alternatively, formula and beverage for infants may be prepared, labeled and capped
by the facility staff. Where the facility provides the formula and beverage, only pre-mixed,
ready-to-feed formula and beverage may be utilized, and the facility shall meet the
requirements as set forth in Article XI of these rules. The child care facility shall refrigerate
and handle the formula and/or beverage in a sanitary manner. There shall be no propped
bottle for infants and no mechanical devices used for feeding
Cereal shall not be mixed with formula in infant bottles unless directed by a physician. The
physicians order shall be kept in the child's file.
8. Microwave ovens shall not be used for directly warming bottles. Microwave ovens may be used to
warm water in a separate container for placing the bottle in the heated water to obtain a safe and
desired temperature, provided that the container of water is no more than one hundred and twenty
(120) degrees Fahrenheit. Alternatively, bottles and infant foods may be warmed under running
warm tap water.
If a slow-cooking device, such as a crock pot is used for warming infant formula, human milk, or
infant food, this slow cooking device shall not be accessible to children, shall contain water that
does not exceed one hundred and twenty (120) degrees Fahrenheit, and shall be emptied,
sanitized, and refilled with fresh water at least daily. After warming, bottles and heated foods
shall be mixed gently and the temperature of the contents tested before feeding to prevent injury
to children. A caregiver shall not hold an infant while removing a bottle or infant food from the
container of warm water or while preparing a bottle or stirring infant food that has been warmed.
All cooking/warming devices shall be inaccessible to children.
9. Facilities shall provide sufficient seating at tables, such as chairs and benches, so that all children
while eating can sit at tables for meal time and snack time.
Article XII: Nutrition 65
ARTICLE XIII. MEDICINE, FIRST-AID AND EMERGENCY PROCEDURES
A. First aid.
1. At least one first aid kit must be maintained on the premises of the child care facility
at all times. Child care staff must take a first aid kit with them on all field trips. A
first aid kit must be in the vehicle at all times during transportation of children.
2. Each first aid kit shall be in a closed container, labeled “First Aid,” and kept in a
designated location where it is easily accessible for child care personnel.
3. Each first aid kit must, at a minimum, contain soap, band-aids or equivalent, sterile
gauze squares and rolls, cotton balls or applicators, adhesive tape, thermometer,
tweezers, blunt tipped scissors, pre-moistened wipes, a minimum of four (4)
disposable medical examination gloves maintained in a puncture proof protector,
and. a current resource guide on first-aid and CPR procedures.
4. Any child showing symptoms of illness during the day shall be removed from the
group to the isolation area where the child shall receive necessary attention until the
child is ready to return to the group.
B. Emergency procedures.
1. Written permission for emergency health care or treatment of the child must be obtained from
the parent, including the names, addresses and telephone numbers of the child's physician, the
hospital-of-choice to be called in case of emergency and three (3) responsible adults the
operator can contact in case the parents are not available.
2. Custodial parents or legal guardians shall be notified immediately in the event of any serious
illness, accident, injury or emergency to their child, and their specific instructions regarding
action to be taken under such circumstances shall be obtained, followed, and documented in
the child’s file. If the custodial parent or legal guardian cannot be reached, the operator shall
contact those persons designated by the custodial parent or legal guardian on the enrollment
form.
3. Child care personnel must call 911 immediately in the event a child sustains any serious
injury, illness, accident, or other emergency, such as the child being missing.
4. All accidents and incidents which occur at a facility or while a child is in the care of the
facility staff must be documented on the day they occur. This documentation must be shared
with the custodial parent or legal guardian on the date of occurrence. Documentation shall
include the name of the affected party, date and time of occurrence, description of
occurrence, actions taken and by whom, and appropriate signatures of facility staff and
custodial parent or legal guardian. The documentation must be maintained for one year. If
the parent or legal guardian does not pick up the child on the date of occurrence of the
accident or incident, the individual authorized to pick up the child must sign and be provided
a copy of the accident/incident form.
5. Any unusual incident involving the child which may be reasonably construed to constitute
abuse and/or neglect shall be reported to the Abuse Hotline at 1-800-96 ABUSE
Article XIII: Medicine, First Aid, and Emergency Procedures 66
immediately, and to the Department within twenty-four (24) hours of occurring. In addition,
child care personnel who know, or have reasonable cause to suspect, that a child is abused,
abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible
for the child's welfare shall report such knowledge or suspicion to the Abuse Hotline, local
law enforcement, and to the Department.
6. Acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39,
Florida Statutes, constitute a violation of these rules and regulations, and shall support
imposition of a sanction, as provided in Article XXI.
7. Failure to perform the duties of a mandatory reporter pursuant to Section 39.201, F.S.,
constitutes a violation of these rules and regulations.
C. Medication.
For child care facilities that administer medication to children in care, the following shall
apply:
1. Only prescription medication is to be administered by the child care facility.
2. Prescription medication brought to the child care facility by the custodial parent or
legal guardian must be in the original container. Prescription medication must have a
label showing the name of the physician, child’s name, name of the medication,
dosage, and other medication directions. All prescription medication shall be
dispensed according to written directions on the container label.
3. The facility must have written authorization from the custodial parent or legal
guardian to dispense prescription medication. The written authorization must be
dated and signed by the custodial parent or legal guardian, and must contain the
child’s name, the name of the medication to be dispensed; and the date, time, method
of administration, and dosage to be given.
4. The facility must maintain a record for each child receiving medications that
documents the full name of the child, the name of medication, the date and time the
medication was dispensed, the amount and dosage, and the name of the person who
dispensed the medication. This record shall be initialed by the child care personnel
who administered the medication. The record shall be maintained for a minimum of
four months after the last day the child received the dosage.
5. Medications shall have child resistant caps unless otherwise provided by the
pharmacy or manufacturer.
6. Medications, shall be plainly labeled and stored in an orderly fashion in a key locked
cupboard, box, or cabinet.
7. Medications for external use only shall be kept in a separate key locked box cabinet,
or area which is inaccessible to children. They shall be stored in such a way to
prevent possible contamination.
Article XIII: Medicine, First Aid, and Emergency Procedures 67
8. Medication which has expired or is no longer being administered shall be returned to
the custodial parent or legal guardian.
D. Topical non-medicated physical barriers.
Physical barrier lotions, ointments and creams such as sunscreen, insect repellent, and diaper
ointments are generally not medications. If the facility elects to allow use of these items, the facility
must meet the following requirements:
1. Have a written policy governing their use. Parents must be made aware of such policy and have
knowledge of its content. Such policy must include a requirement for written parental consent
for application of a non-medicated physical barrier.
2. Obtain written authorization from the parent or legal guardian for applying the topical substance
to a child.
3. Any written authorization and verification that the parent or guardian is aware of the policy must
be documented in the child’s file.
Article XIII: Medicine, First Aid, and Emergency Procedures 68
ARTICLE XIV. COMMUNICABLE DISEASE CONTROL
A. Communicable diseases in children.
Any child who is suspected of having a communicable disease or who exhibits other signs and
symptoms which include any of the following, shall be placed in an isolation area, and the condition
shall be reported to the parent or guardian or other person authorized by the parent, and the child
shall be removed from the facility as soon as possible. Such children can return to the child care
facility when the following signs and symptoms are no longer present:
1. Severe coughing, causing the child to become red or blue in the face or to make
whooping sound;
2. Difficult or rapid breathing;
3. Stiff neck;
4. Diarrhea (more than one (1) abnormally loose stool within a twenty-four-hour period);
5. Temperature of one hundred (100) degrees Fahrenheit or higher taken by the axillary
method, especially when in combination with any other sign or illness;
6. Conjunctivitis (pink eye);
7. Untreated infectious skin patch(es);
8. Unusually dark urine and/or gray or white stool and yellowish skin or eyes;
9. Vomiting;
10. Pediculosis (head lice, nits); or
11. Any other unusual sign or symptom of illness.
Alternatively, such children who would normally be excluded from child care, may be admitted
to facilities which provide specialized child care for mildly ill children, provided that the criteria
set forth in Article XV (F) of these rules are met. Exception: A child who has head lice shall not
be permitted to return until treatment has occurred. Treatment shall include the removal of all
lice, lice eggs, and egg cases (nits).
B. Communicable diseases in employees and volunteers.
Anyone who is a carrier of a communicable disease, or who develops signs and symptoms of a
communicable disease which include, but are not limited to, any of the signs and symptoms
described in Section A above shall be isolated from other individuals and not return until the signs
and symptoms are no longer present.
C. Communicable disease outbreaks.
1. Notification: Operators shall immediately notify the Department of any suspected outbreak of
notifiable disease or other disease condition as per Chapter 64D-3, Florida Administrative Code,
as amended or replaced. A suspected outbreak occurs when two (2) or more children or
employees have the onset of a similar sign or symptoms (such as diarrhea, rash, etc.) within a
seventy-two (72) hour period or when one (1) or more cases of a serious communicable disease,
which includes, but is not limited to, hepatitis, measles, meningitis, diphtheria, German measles
Article XIV: Communicable Disease Control 69
(rubella), whooping cough, tuberculosis, chicken pox, mumps, Salmonella, Shigella,
Campylobacter, or Giardia intestinal infection is diagnosed or suspected in a child or employee.
2. Communicable disease emergency: The presence of any notifiable communicable disease shall
permit the Director of the Department to declare a communicable disease emergency. The
declaration of said emergency shall mandate that health and immunization records of all
children in attendance and all employees be made available for inspection. The Director of the
Department shall have the authority under Florida Statutes § 381.031, as amended or replaced,
to require appropriate action to prevent the spread of such disease. This authority includes, but
is not limited to, prohibiting attendance by a child or employee, restricting new admissions, or
requiring immunization and is in keeping with recognized standards of medical and public
health practice. In the event of non-compliance with the actions requested, the Director of the
Department shall have the authority to quarantine the affected facility.
D. Appropriate Sanitizers
1. The Department recommends the use of chlorine bleach, appropriately diluted as an
effective sanitizing agent. This solution shall be made by adding one (1) tablespoon of
bleach to a quart of water, or one (1) quarter cup of bleach to a gallon of water. This solution
shall be made fresh daily, with unused portions disposed of at the end of each day. This
recommended bleach solution assumes use of bleach containing 5.25 percent sodium
hypochlorite. Bleach with higher or lower concentrations of sodium hypochlorite will
require different proportions of bleach and water to produce an effective sanitizing solution.
2. Other sanitizing or disinfecting agents may be used in accordance with the manufacturer’s
specifications, provided that such use renders the items ninety nine per cent (99.9%) germ
free, and leaves no toxic residue. Where such alternative sanitizing agents are used, the
facility shall obtain and keep on hand at the facility appropriate Material Safety Data Sheets
(MSDS) for those products.
3. Sanitized items may be wiped dry with clean cloth or paper towel or allowed to air dry.
Application of a sanitizer is not a substitute for routine cleaning. Effective sanitization
requires prior cleaning or washing of surfaces to remove visible dirt.
E. Influenza Prevention
Annually, during the months of August and September, the child care facility director must
provide parents with information detailing the causes, symptoms, and transmission of the
influenza virus. To assist providers DCF developed a brochure, CF/PI 175-70 , June 2009,
Influenza Virus, Guide to Parents, which may be obtained from the DCF’s website at
www.myflorida.com/childcare
Article XIV: Communicable Disease Control 70
ARTICLE XV. ADMISSION, ASSESSMENT, AND RECORD KEEPING
A. Access to records.
At all times during operating hours a facility must allow the Department access to records
required to be made or kept by these rules and regulations. This includes records for personnel,
children and the facility. Copies of the required records are acceptable for documentation.
Original documents are the property of the party providing the information.
B. Enrollment information.
Prior to providing care to a child, the operator shall obtain, update and keep current at the facility
the following enrollment information from the child's parent or guardian, on CF-FSP 5219, Child
Care Application for Enrollment form, effective March 2009, or an equivalent form.
1. The child's full legal name, birth date, current address and preferred name.
2. The name and address of the parents or guardians.
3. Telephone numbers or instructions as to how the parent may be reached during the hours
the child is in the facility.
4. Names, addresses, and telephone numbers of persons sixteen (16) years of age or
older authorized by the parent to take the child from the child care facility, and
persons to be contacted who are authorized to remove the child from the facility in
case of illness, accident or emergency if for some reason the parents cannot be
reached.
5. The facility shall obtain written authorization from the parent or guardian to seek
emergency medical treatment should the need arise. The name, address, and
telephone number of a physician or health resource that can be called in case of
emergency, and the parent's written permission to consult that physician or health
resource if the parents cannot be reached.
6. If the child's condition requires it, a written plan must be on file at the child care
facility. This plan will be developed with a cooperative effort between the child's
parents, the operator and the supervising physician and/or other specialist. This plan
shall specify the special needs and the special provisions, which will be made to meet
the needs of the child in compliance with state and federal regulations.
7. The child's parent shall provide written consent before a child may participate in
activities conducted by a child enrichment service provider that are not part of the
regular program of the child care facility.
If the parent or legal guardian notifies the facility of any known allergies, written
documentation shall be maintained in the child’s file. In addition, such information
shall be shared with the child’s caregivers. Food allergies and special food
restrictions must be posted in a conspicuous location.
Article XV: Admission, Assessment, and Record Keeping 71
8. Signed statements that the child care facility has provided the following information to
parents:
(a) The “Know Your Child Day Care Center” child care facility brochure (CF/PI
#175-24, English version or CF/PI #175-25, Spanish version) or the applicable
local licensing agency's brochure. The statement included in the brochure or an
equivalent statement on the child's enrollment form must be used for this
purpose.
(b) The child care facility's written disciplinary practices.
(c) The procedures for verification of a child’s whereabouts, should the child not
show for after-school or school age programs. Such information may be included
in the policy handbook or on the enrollment form.
C. Health examination and immunizations.
1. Health examination certificate:
a. Upon admission, each child must have on file at the facility a written certificate of
health examination, DH Form 3040, Student Health Examinations. The general
health examination certificate shall be completed by a person given authority by
Florida Statutes to perform health examinations. The examination shall have been
performed within six (6) months prior to enrollment, (unless the child has
transferred from another child care or family care facility) which would be current
for two (2) years after the initial enrollment physical examination.
b. The certificate shall attest that the child is in good health or that any known medical
condition or health problem is under treatment.
c. The certificate is valid for two (2) years from the date the physical was performed.
2. Immunization certificate:
a. Upon admission, each child must have on file at the facility a Florida Certificate of
Immunization, DH Form 680, for the prevention of diphtheria, pertussis, tetanus,
poliomyelitis, rubeola, rubella, mumps, Hemophilus influenza type b (Hib),
Hepatitis B, and varicella. The child care facility is responsible for obtaining and
maintaining current and completed immunization information.
b. Immunizations appropriate to the child's age shall be up-to-date or in the process of
being updated, as set forth in Article XV (C) (3) (b) (1) of these rules. The facility
shall refuse admittance or temporarily exclude any child who is not in compliance
with these provisions.
Article XV: Admission, Assessment, and Record Keeping 72
c. The manner and frequency of administration of the immunizations shall conform to
recognized standards of medical practice of the State of Florida and are referenced
on DH Form 680.
d. Immunization records will be documented on forms approved and provided to
physicians by the Department of Health. Immunizations received out of state are
acceptable. However, immunizations must be documented on DH Form 680 and
signed by a practicing physician in the State of Florida. Immunization certification
or medical exemption shall be entered on DH Form 680 parts A or B and/or C, and
religious exemption shall be entered on DH Form 681.
e. Immunization records must be kept current.
f. A valid Certificate of Immunization, DH Form 680 part A, shall be properly dated
and signed by a physician or their authorized agent. A child in attendance with a
medical exemption, must present or have on file the exemption, DH Form 680 part
B or DH Form 680 part C. DH Form 680 part B may be signed by a physician or
their designee. DH Form 680 part C must be properly dated and signed by a
physician licensed under provisions of Florida Statutes, Chapters 458, 459, or 460,
as amended or replaced.
g. Notification to the affected parties of any changes to the DH Form 680 as a result of
changes to the recognized standards of medical practice will be provided by the
Department's immunization program and will become effective six (6) months
following the notification to all child care facilities.
h. Child care facility operators, on a quarterly basis, shall complete audits on the
immunization status of all pre-school aged children enrolled at the child care
facility. These audits shall be completed on forms provided by the Department.
Completed forms shall be submitted to the Department no later than the 15
th
day of
the first month of each quarter.
3. Exemptions:
a. Health examination: For religious purposes only, any child shall be exempt from
medical or physical examination upon written and signed request of the parent or
guardian of such child; however, the laws, rules and regulations relating to
contagious or communicable diseases and sanitary matters shall not be violated.
b. Immunizations: A child whose parents or guardian has made application for
admittance to the child care facility without being fully immunized according to
recognized medical standards must present documentation of temporary medical,
permanent medical, or religious exemption.
Article XV: Admission, Assessment, and Record Keeping 73
1) Temporary Medical Exemption, DH Form 680 part B, is used for a child who
is not fully immunized but is in the process of completing the required
immunizations and cannot receive any additional vaccine at that time.
2) Permanent Medical Exemption, DH Form 680 part C, is used for a child who is
not fully immunized but for medical reasons cannot receive one (1) or more of
the required vaccines.
3) Religious Exemption, DH Form 681, issued by the Department must be
provided when the parent of the child objects in writing that the administration
of immunization agents conflicts with his religious tenets or practices.
c. When a child care facility serves school-aged children, the school requirements for
health examination and immunization shall apply and records of such need not be
on file at the child care facility.
d. Medical records, i.e., Student Health Examinations, DH Form 3040 and the
Certificate of Immunization, DH Form 680, become the property of the parents
when the child withdraws from the child care facility and are transferable if the
child attends another facility providing child care.
e. Drop-in child care facilities shall be exempt from the requirement for the physical
examination and immunization certificate. In lieu of these, at the time of drop-off,
the facility shall obtain from the parent of the child, a signed statement attesting that
the child is in good health, not suffering from any communicable disease, and
current in all required immunizations. The facility shall also obtain and maintain
with this statement, a copy of the parent’s photo- identification bearing current
address. The facility shall ascertain from the parent that the address provided is
correct. This shall be kept on record at the facility for a minimum of six (6) months.
D. Personnel records.
Personnel records shall be maintained at the child care facility, and kept current for the
owner/operator, each employee of the facility, volunteers and substitutes. These records shall
include:
1. An application including name, address and telephone numbers.
2. Reports of the required health examinations and tests (TB risk assessment and/or
skin test, or Chest X-ray; and physical examination).
3. Person to contact in an emergency.
4. Position and date of employment.
Article XV: Admission, Assessment, and Record Keeping 74
5. Statement that the employee has completed the training in the identification and
reporting of child abuse and neglect and understands the statutory requirements for
professionals’ reporting of child abuse and neglect. A copy of the department’s form
EHE-DC-009: Child Abuse & Neglect Reporting Requirements shall be read and
signed at least annually by each child care personnel, and maintained in the personnel
record.
6. Appropriate documentation that the person has been screened as specified herein, and
in accordance with Chapter 435, Florida Statutes, as may be amended or replaced.
7. Copies of credentials and training information recorded on designated training forms
that are provided by the Department.
8. Copies of driver’s license and driver physical examination documentation. The
physician certification, or another form containing the same elements of the
physician certification, granting medical approval to operate the vehicle must also be
maintained in the driver’s personnel file.
9. Documentation that identified staff members have met the first aid and infant and
child cardiopulmonary resuscitation training requirement.
10. Child care facilities must maintain written documentation of directors’ and other
credentialed personnel’s work schedules. Examples of written documentation are
employee timesheets, personnel work schedules, and employment records.
E. Other records.
1) Attendance logs.
a) Daily sign in and sign out of children shall be recorded by the child care facility personnel
or the person who drops off the child, documenting the time when each child enters the
facility or program. The custodial parent, guardian, or the authorized person who picks up
the child shall be required to sign the child out, documenting the time the child was picked
up. Persons authorized to pick up the child should be 16 years of age or older in keeping
with Article XV(B)(4) of these rules.
b) An attendance log shall be maintained for each class or group. This log must contain the
names of all children assigned to the class or group, and shall show all children present in
the class or group, and those students absent from the class, at any given time.
c) To assure adherence to these rules, each child care facility, shall maintain and keep at the
facility for no less than one (1) year, a daily attendance log as well as a sign-in/sign-out log..
d) Drop-in child care facilities shall also maintain a sign-in/sign-out daily attendance log,
including day, date, time of arrival and departure, and signatures of the parent obtained
at drop-off and pick-up.
Article XV: Admission, Assessment, and Record Keeping 75
e) Child care personnel shall ensure that attendance records are complete and accurate,
since these records are important in accounting for children during emergency
evacuations and other incidents.
2) Record of unusual incidents.
A written record of unusual incidents affecting the program of the facility including, but
not limited to, accidental injuries to children, employees, and volunteers must be kept on
file at the facility. The written report of the incident must be completed on the day the
incident occurred, and shared with the parent of any affected child on the same day. The
record shall include the name of the affected person, date and time of occurrence,
description of event, actions taken and by whom, as well as appropriate signatures of staff.
A signature of an affected child’s parent or guardian shall be requested to verify that the
parent or guardian saw and received a copy of the incident report.
3) Record of fire drills.
A written record must be kept at the child care facility each month for a fire drill showing
date, number of children in attendance and time taken to evacuate the premises, on a Fire
Drill Record Form as provided by the Department. To assure accountability of all children
in the child care facility, a current daily attendance log must accompany staff during a fire
drill and in the event of an emergency resulting in the evacuation of the child care facility.
The log is to be used to account for all children during a drill or actual evacuation. This
record must be maintained for one (1) year. Drop-in child care facilities shall be exempt
from this requirement but shall be required to have on file at the facility an emergency
evacuation plan approved by the Fire Authority having jurisdiction, and shall maintain
documentation on file of related training provided to child care facility staff.
4) Menus & Food Temperature Logs:
Records of menus served shall be placed on file at the facility and kept for a minimum of 6
months. Food Temperature logs shall be kept on file at the child care facility for a
minimum of 6 months.
5) Daily Schedule:
A general daily time schedule for meals, snacks, nap, indoor and outdoor periods shall be
conspicuously posted at the child care facility. Drop-in child care facilities shall be exempt
from this requirement.
6) Field trips:
Each facility shall keep at the facility for no less than one (1) year a copy of each field trip
manifest, parental permission slip, parental swimming consent, and such other documents
required to be retained pursuant to Article XVIII of these rules.
7) After School & School Age Child Care Programs - Attendance & Absentee Policy:
Attendance should be taken for all children at the beginning of the program daily. They
must be signed out upon leaving. Programs shall establish and maintain a written
Article XV: Admission, Assessment, and Record Keeping 76
procedure for accountability when a child fails to show for the program.
8) Material Safety Data Sheets (MSDS)
These shall be obtained and kept on file at the child care facility for each sanitizing agents
that may be used instead of bleach water solutions. MSDS shall be kept on file for a
period of twelve (12) months following the cessation of use of the product, should the
facility revert to using bleach water solutions.
9) Where the child care facility utilizes bedding assignments, such record shall be available
to the Department for review.
10) The most recent licensing inspection report shall be conspicuously posted in the reception
area of the facility.
F. Admission and Assessment for Specialized Child Care for the Mildly Ill Programs
In addition to the admission and record keeping requirements set forth in Article XV (A)
through (E), the following shall apply to facilities providing specialized child care for mildly
ill children:
(1) General Requirements.
(a) A child care facility for mildly ill children shall have at a minimum an ongoing
agreement with a Health Provider Consultant, as defined in these rules, for continuing
medical or nursing consultation. The health provider consultant shall perform the
following services:
i. Oversee the development of written policies and procedures.
ii. Review, approve, and update annually, such policies and procedures.
iii. Provide at least quarterly on-site monitoring of the implementation of such
policies and procedures.
iv. Provide ongoing consultation to the child care facility in its overall operation and
management.
(b) A child care facility for mildly ill children shall have at a minimum one (1) licensed
health caregiver, as defined in these rules. The licensed health caregiver shall be
responsible for performing the written physical assessment, and periodic child
evaluations, as set forth herein; provide ongoing daily oversight; make decisions as to the
exclusion of any child; and be present at the facility at all times during the hours of
operation.
(2) Admission.
(a) No child shall be accepted to a child care facility for mildly ill children without written
parental permission. However, permission may be obtained by telephone if a child in
attendance at a regular child care facility becomes mildly ill and is admitted to that same
facility’s program for mildly ill children. Where the child is in care under telephone
Article XV: Admission, Assessment, and Record Keeping 77
permission, written parental permission must be obtained prior to the child’s admittance to
the program for mildly ill children the following day.
(b) The program director or licensed health caregiver shall have the authority to require a
written medical evaluation for a child to include diagnosis, treatment and prognosis, if such
evaluation is necessary to determine the appropriateness of a child’s attendance prior to
admission and upon worsening of the child’s symptoms.
(c) Prior to admission, the child care facility providing for mildly ill children exclusively shall
require a written description, signed by the parent, of the child’s current and recent
illnesses; immunization history, habits, special diets, allergies, medication needs;
symptoms requiring notification of parent or health care provider, and where and how the
parent or health care provider is to be notified.
(d) An initial written physical assessment on each child shall be completed by the licensed
health caregiver, as defined in these rules, based on the inclusion and exclusion criteria
outlined herein to determine appropriateness of admission to the child care facility. A
parent must remain on the premises until admission has been determined.
(e) The written physical assessment shall at a minimum include vital signs and observation
of the child’s general appearance, head, eyes, nose, mouth, ears, skin, abdomen, arms
and legs, and breathing pattern for symptoms of illness.
(f) Once admitted, children shall be periodically monitored by the licensed health caregiver
and evaluated according to policies and procedures established and approved by the
child care facility operator and the health provider consultant. Evaluations on each
child’s condition shall be documented, and shall include the following plus additional
information that the facility operator and the health provider consultant may add if they
deem it is necessary to evaluate the children:
1. Temperature
2. Respiration
3. Pulse
4. Amount of food or fluid intake
5. Color, consistency and number of stools
6. Color of urine and frequency of urination
7. Skin color and alertness
8. Activities such as amount of sleep, rest, and play
(g) The condition evaluations must be maintained in each child’s record and retained by the
facility for a minimum of four (4) months. Copies shall be provided to parents daily.
(h) Children with communicable illnesses (e.g., chicken pox) may be accepted in a child
care facility for mildly ill children, only if there is an isolation area as defined herein,
and provided the isolation area has a separate outside entrance from the rest of the child
care facility.
(3) Inclusions.
Article XV: Admission, Assessment, and Record Keeping 78
A child care facility for mildly ill children may consider for admission, and accept children
exhibiting illnesses or symptoms for which they can be excluded from child care provided for
well children, but who do not meet exclusion criteria as outlined in these rules. Children
exhibiting the following symptoms or illnesses, or disabilities, shall be deemed eligible to
participate in child care facilities for mildly-ill children:
(a) Not feeling well, unable to participate in regular child care activities, or has other
activity restrictions;
(b) Recovering from prior day surgical procedure or hospital admission;
(c) Controlled fever of 102
o
F orally; 101
o
F axillary, or 103
o
F rectally, or below. If the
child’s temperature is higher than the temperatures listed above a physician must give
written approval for admission; or verbal approval with written follow up for admission;
(d) Respiratory infections such as cold or flu virus;
(e) Vomiting less than three (3) times without dehydration;
(f) Diarrhea {more than one (1) abnormally loose stool within a twenty four (24) hour
period} without signs of dehydration, and without blood or mucus in the stool;
(g) Gastroenteritis without signs of severe dehydration;
(h) Diagnosed asthma;
(i) Urinary tract infections;
(j) Ear infections;
(k) Orthopedic injuries;
(l) Diagnosed rash;
(m) Tonsillitis; or
(n) Strep throat or conjunctivitis after twenty four (24) hours of appropriate medication, if
isolation is unavailable. Strep throat or conjunctivitis prior to twenty four (24) hours of
appropriate medication is included only if isolation area is available.
(4) Exclusions.
Any child exhibiting the following symptoms or combination of symptoms, shall be excluded from
child care facilities for mildly ill children:
(a) Unresponsive temperature of 104
o
F orally;
(b) Undiagnosed or unidentified rash;
(c) Respiratory distress;
Article XV: Admission, Assessment, and Record Keeping 79
(d) Major change in condition requiring further care;
(e) Contagious diseases, if no isolation room is available:
1. Strep throat or Conjunctivitis prior to twenty four (24) hours of treatment,
2. Diarrhea due to diagnosed Shigella, Salmonella, Rota-virus, Giardia,
Campylobacter, or E. coli,
3. Chicken pox, mumps, measles, rubella, pertussis, diphtheria,
4. Head lice, scabies prior to twenty four (24) hours of treatment, or
5. Other conditions as determined by the director or health provider
consultant.
Article XV: Admission, Assessment, and Record Keeping 80
ARTICLE XVI. CHILD CARE DURING NIGHTTIME HOURS
The minimum standards for child care facilities set forth herein shall continue to apply to
child care facilities which offer care during nighttime hours (6 P.M. to 6 A.M.) with the
additional application of the following standards as set forth in this section. For the purposes
of this rule, night–time care is the equivalent of evening child care, as referenced in Florida
Statutes 402.302(6).
A. Prior to providing night-time care, a child care facility shall procure written
approval of the Child Care Advisory Council subsequent to the recommendation
of the Department.
B. Children who have not been served an evening meal before arrival, must be
served an evening meal that is consistent with these rules. Children who stay
beyond 6 A.M. must be provided a morning meal consistent with these rules.
C. Each child shall have a separate bed or cot with his own linens covering the
bedding.
D. It shall be an additional violation of these rules if children of the opposite sex,
any one of which is over the age of six (6) years, are quartered in the same room
without constant adult supervision.
E. Sleeping quarters must have a minimum of twenty (20) square feet of floor space per
child and a minimum of eighteen (18) inches around each cot or bed.
F. If the children are sleeping overnight in the child care facility, child care staff
must ensure accepted bedtime routines, such as brushing teeth, and face and hand
washing. Toothbrushes, towels and wash cloths may not be shared, and shall be
stored so that each child’s personal hygiene items are not in contact with those of
another child.
G. Drop-in child care facilities shall be exempt from the requirements of this Article,
with the exception that where children elect to nap or sleep, they shall be provided
with separate beds, cots or cribs as set forth herein.
H. Child Development Associate or credentialed staff are not required for night-time
hours.
Article XVI: Child Care During Nighttime Hours 81
ARTICLE XVII. TRANSPORTATION
For the purposes of these rules, “vehicles” refer to those vehicles owned or operated or
regularly used by the child care facility, and vehicles that provide transportation through a
contract or agreement with an outside entity. Driver, as used in this section, includes all
volunteers as well as personnel of the child care facility who drive vehicles transporting
children to and or from the child care facility and on field trips.
A. General.
1. When private passenger automobiles, vans or station wagons are used for transportation
of children by child care facilities, the driver must be at least eighteen (18) years of age,
with a valid Florida driver’s license, and have passed an annual physical examination.
2. Vehicles must have the name of the child care facility on each side panel in six (6) to
eight (8)-inch letters. The back panel must have the wording “Caution Transporting
Children” in a minimum of 4-inch letters.
3. Prior to offering child care transportation services of any type, directly or by contract, all
new and existing child care facilities must provide written notice to the Department. The
written notice to the Department must provide the following information:
a. The type of transportation that will be offered, for example, after school pick up,
home pick up, or field trips, including points of pick-up and drop-off.
b. List and description of the vehicles that will be used for transportation of the
children, to include make, model, year, color, and tag number.
c. Any contract, agreements, or arrangements with any third parties for the
provision of transportation services.
A copy of the facility’s policy, procedures, and staff training plans for maintaining
compliance with the responsibilities for loading, unloading, and tracking each child
during transportation must on file at the facility and be available for review by the
Department.
4. When a vehicle is regularly used by a child care facility to provide transportation, the
driver shall comply with the provisions of Florida Statutes, § 316.615(3), as amended or
replaced, Physical Requirements of Drivers. Each driver must have an annual physical
examination documented on a form provided by the Department. The physician’s
certification signed by a physician or other qualified health care provider must be posted
in the vehicle.
5. All child care facilities must comply with the inspection and insurance requirements
found in Florida Statutes, § 316.615(4), as amended or replaced. All facilities must file a
certificate of insurance with the Board through the Department.
6. All child care facilities shall, on an annual basis, have all vehicles regularly used to
transport children inspected by a National Institute for Automotive Service Excellence
Article XVII: Transportation 82
(ASE) certified mechanic to certify proper working order. Documentation by the
mechanic shall be maintained in the vehicle on forms provided by the Department. The
annual report/certification must contain the name and certification number of the ASE-
certified mechanic who performed the inspection. Vehicles used to transport children
must be maintained in proper working condition at all times. The interior temperature of
the vehicle must be maintained at 72
0
F – 82
0
F during transportation of children.
7. All child care facilities must comply with the Florida safety belt laws in accordance with
Florida Statutes, §§ 316.613 and 316.72 as amended or replaced. Each child, when
transported, must be in an individual seat belt or federally approved child safety restraint,
unless the vehicle is excluded from this requirement by Florida Statute. Unless exempt
from seatbelt requirements by Florida Statutes all vehicles used to transport children shall
be equipped with child safety restraint suitable for the age and size of the child being
transported and the type of vehicle being used. Vehicles exempt from seat belt
requirements by Florida Statute can only be used to transport school-age children who do
not require child restraint devices designed to be attached to the seat by the end-user.
8. An annual inspection of the child care facility's vehicles or vans used to transport
children will be conducted by the Department to establish the maximum seating capacity.
The maximum seating capacity of the vehicle is based on the manufacturer's designated
seating capacity specifications or the number of working seat belts or child restraint
devices. Vehicles used to transport children must be maintained in a clean and sanitary
condition at all times. The interior of vehicles shall be free of hazards such as sharp
edges, loose or broken seats, torn or exposed seat cushion, hazardous materials, build-up
of solid waste, and storage of unnecessary articles.
9. Volunteers of a child care facility using their vehicles or any other vehicles to transport
children must comply with the seat belt and child restraint requirements specified in
subsection 7. of this section.
10. Each vehicle shall be equipped with contact information for all children being
transported. When transporting children with chronic medical conditions (such as
asthma, diabetes, or seizures), their emergency care plans and supplies or medication
shall be available. The responsible adult shall be trained to recognize and respond
appropriately to the emergency.
11. When transporting children, staff to child ratios must be maintained at all times. The
driver may be included in the staff to child ratio, however, when infants are being
transported, there must be at least one other staff member in the vehicle who can see and
hear all the children. At no time shall the driver alone transport infants or children under
5 years of age. In addition, the facility must also take into consideration the children’s
individual and group behavioral characteristics, special medical conditions, travel
distances, and other relevant factors in deciding whether additional adult(s) is necessary
to ensure the safety of children during transportation.
B. Supervision of Children During Transportation
1. An adult must be in the vehicle whenever a child is in the vehicle.
Article XVII: Transportation 83
2. An adult must be seated behind the steering wheel if the motor is running and
children are being loaded and/or are on board.
3. An adult staff member, in addition to the driver, is required on the vehicle when
transporting children under 5 years of age.
4. The second adult staff member shall be seated in the vehicle in the back seat or in
a position which allows:
a.Each child to be seen with a quick glance;
b.Each child to be heard at all times;
c.Each child’s activities to be observed; and
d.The staff member to respond immediately should there be an emergency.
C. Responsibility for Loading, Unloading, and Tracking Each Child
1. Transportation Log:
a. A transportation log shall be used to track each child during transportation.
b. The first and last name of each child received for transport shall be
recorded on the log.
c. Either the driver or second staff member shall be designated by
management as the person responsible for completing the log.
2. Loading Procedures:
a. As each child is loaded on the vehicle, the time the child was placed on the
vehicle shall be recorded onto the transportation log by the person
designated to complete the log.
b. If the child was loaded from home, the parent or other authorized person
will additionally sign the log indicating that the child was placed on the
vehicle.
3. Unloading Procedures:
a. The individual designated by the agency as responsible for the log shall
update it immediately upon the child being released from the vehicle. The
designated staff member shall update the log by:
i. Recording the time the child was released; and
ii. Initialing next to the time of release.
b. When the child was released to a parent or other authorized person, that
person must sign the log indicating that the child was released to them.
4. Confirming that Every Child is Off the Vehicle
a. Driver Responsibilities: Immediately upon unloading the last child and to
ensure that all children have been unloaded the driver shall:
i. Physically walk through the vehicle;
ii. Inspect all seat surfaces, under all seats, and in all compartments or
recesses in the vehicle’s interior;
iii. Sign the log, with the driver’s full name, indicating the children are
all unloaded; and
iv. Give the log to the second staff member.
Article XVII: Transportation 84
b. Second Staff Member Responsibilities: The second staff member shall:
i. Physically walk through the vehicle;
ii. Inspect all seat surfaces, under all seats, and in all compartments or
recesses in the vehicle’s interior;
iii. Sign the log with the staff person’s full name indicating the
children are all unloaded.
5. Loading Children at School
a. When children are picked up at school they shall be loaded on the vehicle
at the location designated by the school using all applicable procedures for
logging of children’s presence on the vehicle.
b. The facility must develop written policies that:
i. Specify procedures for the driver to follow in the event that a child
scheduled to be picked up does not report to the vehicle; and
ii. Ensure that children will have adult supervision should the driver
or additional staff member need to try to locate a missing child.
6. Loading and Unloading Children for Field Trips
a. Prior to and during field trips the relevant procedures outline in
ArticleXVII (C) above must be followed.
b. Tracking of each child and related documentation is required for each time
children enter and leave the vehicle, whether at the destination, or at rest
stops during the trip.
7. Unloading Children at the End of the Day: When children are unloaded at the end of
the day and the vehicle does not return to the facility for the additional review that
confirms every child is off the vehicle, the facility shall develop procedures to:
a. Verify all children are off the vehicle; and
b. Verify that each child was released to a responsible person authorized by
the parent.
D. Child Safety Alarm Device
On or after September 1, 2012, all vehicles used by or on behalf of the child care
facility for the transportation of children and that are designed to transport six (6) or
more passengers must be equipped with a child safety alarm device that prompts the
driver to inspect the vehicle for children upon vehicle shut off. The device must be
properly maintained in working order at all times. The Department shall, by
December 1, 2011, develop and adopt standards for the installation and performance
of such devices.
Article XVII: Transportation 85
ARTICLE XVIII. FIELD TRIPS AND SWIMMING ACTIVITIES
A. Field trips
1. Parents must be advised of field trip activities. Before any child may attend a
field trip, parental permission must be obtained either in the form of a general
permission slip or specific permission slip obtained prior to a particular field trip.
Permission slips must be included in the child's record. In addition, the date,
time and location of the field trip must be posted in a conspicuous location at
least two (2) working days prior to the field trip. If special circumstances arise
where notification of an event cannot be posted for two (2) working days, then
signed individual permission slips must be obtained from a parent of each child
participating notwithstanding the existence of a general permission slip.
2. For all field trips, a manifest shall be kept at the facility with a copy brought with
staff attending the field trip. Such manifest shall include the names of the
children, staff persons, and volunteers attending the field trip; current telephone
numbers where parent(s) may be reached in the event of an emergency; and for
each child the name of the specific person assigned to supervise that child. The
manifest and any field trip permission slips must be maintained by the facility
and kept on file at the facility for no less than one (1) year from the date of the
field trip.
3. In addition to the minimum staff to child ratio requirements of Article VIII and
Article XVIII (B) of these rules, while engaged in a field trip each facility shall
provide an extra staff person who shall be required to directly supervise children
attending the field trip.
4. Each facility shall take along with it on any field trip a first aid kit and a cellular
phone or similar two-way communication device that will allow staff persons to
independently summon emergency assistance. Two-way radios, citizen band
radios and other means of instant communication are accepted. The two-way
communication device and the first aid kit shall be readily available to staff
responsible for children during all field trips.
5. Potable water and toileting facilities shall be available on all field trips. If the
field trip extends beyond 2 hours, there shall be a meal provided in accordance
with Article XII of these rules.
B. Swimming activities.
1. Swimming activities and water play are prohibited at all fresh water bodies not
permitted by the Department for such purposes. Water play, on land, is
prohibited unless the water used is in facilities and from a source approved by the
Department. During swimming activities, each child shall be directly supervised
Article XVIII: Field Trips and Swimming Activities 86
with physical or visual contact maintained at all times by a staff member or
qualified volunteer assigned to watch such child.
Staff members and qualified volunteers shall be assigned to a specific child or
group of children according to the minimum ratios set forth below. For the
purposes of such assignment, groups shall be no larger than the number that one
(1) qualified adult may watch.
AGE
MINIMUM ADULT TO CHILD RATIO
under 2 years (infants)
one (1) staff member to one (1) infant
2 years of age
one (1) staff member to two (2) children
3 years of age
one (1) staff member to four (4) children
4 years of age
one (1) staff member to eight (8) children
5 years of age and older
one (1) staff member to ten (10) children
In the event of a group with mixed ages, the ratio for the youngest child shall apply.
2. Adult volunteers, as well as staff persons, may be used to meet the minimum
supervision ratio requirements set forth above so long as all such persons are
assigned to a specific child or group of children as required above. In no event
shall the number of actual staff persons present be less than that required
elsewhere in these rules, including the extra staff person required for field trips.
3. No facility may take children to a swimming facility unless the operators of the
swimming facility have agreed to keep a certified life guard on duty at all times
the child care facility remains at the swimming facility. As an alternative, the
child care facility may provide its own certified life guard provided such person
is not also used to meet the minimum staff to child ratio requirements of this
section. A person supplied by the facility must provide general supervision of all
swimming activities during the facility’s visit.
4. No child may participate in swimming activities without the express written consent
of a parent, as herein defined, specifically authorizing the facility to allow the child
to participate at specified locations.
5. Notwithstanding parental consent or written acknowledgment, nothing herein shall
be construed to require a facility to allow a child to participate in swimming
activities when the facility does not consider the child sufficiently able to swim.
Article XVIII: Field Trips and Swimming Activities 87
6. All written acknowledgments, permission slips, and consent forms required herein
must be kept at the facility for at least one (1) year after such forms have been relied
upon to meet these requirements. If the Department deems it prudent to do so, it
may issue and prescribe the use of forms pertaining to the requirements of this
section.
Article XVIII: Field Trips and Swimming Activities 88
ARTICLE XIX.
SPECIALIZED CHILD CARE FOR THE MILDLY ILL – ADDITIONAL
REQUIREMENTS
In addition to the requirements set forth in Articles I through XVIII, and Articles XX and
XXI herein, the following requirements shall apply to facilities providing specialized child
care for mildly ill children.
A. General Information.
(1) Application.
Application must be made on a form as prescribed by the Department for such purpose and
shall be submitted to the Department pursuant to Article IV (A) herein.
(2) License.
(a) A license to operate a child care facility for mildly ill children is issued in the
name of the owner, partnership, association, or corporation.
(b) Facilities providing both regular child care for well children and child care for
mildly ill children must procure and maintain two (2) separate licenses.
(c) Hospitals maintaining current Joint Commission for the Accreditation of
Healthcare Organizations (JCAHO) accreditation, operating hospital based child
care for mildly ill children, shall be exempt from licensure under this rule.
(3) Staff Ratios
(a) The following staff to child ratios are based on primary responsibility for the
supervision of children and applies at all times, when mildly ill children are in
care:
AGE OF CHILDREN
STAFF RATIOS FOR CHILD CARE
0 – 24 months of age
1 staff member for 3 infants
>24 months- 4 years
1 staff member for 4 children
>4 years of age
1 staff member for 6 children
(b) Mixed Age Groups.
i. In groups of mixed age ranges, where one (1) or more children under
one (1) year of age are in care, one (1) child care personnel shall be
responsible for a maximum of three (3) children of any age group.
ii. In groups of mixed age ranges, where one (1) or more children one (1)
year of age and older are in care, the staff to child ratio shall be based
on the age of the largest numbers of children within the group. When
equal numbers of children in each group are in care, the most
Article XIX: Specialized Care for the Mildly Ill 89
restrictive staff to child ratio shall apply.
1. Infants shall not be commingled with non-infants.
(4) Schedule of Activities.
(a) The facility shall include a daily schedule tailored to each child’s symptoms, energy
level, and parent’s instructions.
(b) The daily schedule shall be flexible and provide age appropriate activities without over
stressing the children.
B. Physical Environment.
(1) Sanitation and Safety.
(a) A child care facility for mildly ill children, if located in a regular licensed child care
facility, shall utilize rooms or areas which are physically separated by floor to
ceiling walls, from all other components of the regular licensed child care facility.
(b) The physical indoor and outdoor space, and equipment designated for use by the
mildly ill children, shall not be used by children and child care staff from any other
component of the regular licensed child care facility.
(c) Child care facilities for mildly ill children, which serve children with contagious
diseases as defined herein, shall have separate isolation areas, ventilation systems,
and entrances.
(d) Child care programs for mildly ill children shall make provisions to prevent the
participating mildly ill children from coming in contact with all other areas and
components of the child care facility where well children are in care.
(e) No animals shall be allowed on the premises of programs caring for mildly ill
children.
(f) No narcotics, alcohol, or other impairing drugs shall be present or allowed on the
premises, unless prescribed for any of the children in care.
(2) Outdoor play space.
Child care facilities for mildly ill children are not required to provide outdoor play space.
Should a facility choose to provide outdoor play space, it shall be physically separated
from that space provided for well children. The play area and all equipment shall meet
all safety requirements as specified in Article X(C) and Article X(I) of these rules.
(3) Napping and Sleeping Space
Article XIX: Specialized Care for the Mildly Ill 90
(a) Linens, if provided by the facility, must be sanitized daily, and more often if
soiled or dirty. Linens and blankets must be provided when children are
napping or sleeping.
(b) A minimum of 3 feet separation between bedding must be maintained at all
times bedding is in use. Exit areas must remain clear in accordance with fire
safety regulations.
(6) Toilet and Bath Facilities.
(a) Child care facilities for mildly ill children shall provide toilet and bath
facilities, which are easily accessible and at a height usable by the children.
Platforms are acceptable when safely constructed and easily cleaned and
sanitized.
(b) The facility shall provide a minimum of one (1) toilet and one (1) hand wash
sink for every ten (10) children.
(c) Toilet and bath facilities shall be designated for the exclusive use of the mildly
ill children in care and their caregivers, and shall be accessible from within the
room where care is being provided. If the specialized child care facility for
mildly ill children is located within a child care facility, the toilet and bath
facilities used by the mildly ill children and their caregivers shall be separate
from those utilized by children and caregivers from other components of the
child care facility. Staff bathrooms shall be located within the mildly ill care
area and shall be designated and separate from those bathrooms used by
children.
(d) Toilet and bath facilities shall provide privacy to all users.
(e) Children must receive direct supervision and care in accordance with required
needs and be accounted for at all times, including but not limited to periods
while bathing or using the toilet facilities.
(f) Running water, disposable towels, liquid soap and trash receptacles shall be
available at each handwash sink, and be available to and within reach of
children. Toilet paper shall also be available to and within reach of children
using the toilet facility.
(g) Each basin and toilet must be sanitized after each use.
(h) Hand washing sinks shall not be used for food service preparation or food
clean up.
Article XIX: Specialized Care for the Mildly Ill 91
(i) There shall be a handwash sink supplied with hot and cold running water in
any room where the dispensing of medicines or portioning of nutritional
supplements occurs. This sink shall not be used for handwash following diaper
changing activities.
C. Personnel Requirements.
(1) Minimum Age Requirements.
No person under the age of eighteen (18) shall be allowed to provide care for mildly ill
children.
(2) Minimum Training Requirements.
(a) All child care personnel caring for mildly ill children shall have current certification
in infant and child cardiopulmonary resuscitation and first aid prior to caring for the
children at the facility.
(b) In addition to the forty (40) hour child care course, all child care personnel caring
for mildly ill children shall complete eight (8) hours of annual in-service training
relating to care of sick children and the prevention of communicable diseases.
Operators or Directors shall complete at least two (2) hours of training relating to
sick children as part of their eight (8) hours annual in-service training.
D. Health and Safety
(1) General Requirements.
(a) Following personal hygiene procedures for themselves or when assisting others,
employees, volunteers, and children shall wash their hands with soap and running
water, drying thoroughly with disposable towels. Only soap from a liquid soap
dispenser shall be used for hand washing.
(b) A child care facility for mildly ill children shall ensure that safe drinking water and
other fluids consistent with the child’s physical condition are available at all times to
all children in care. Drinking fountains shall not be used.
(c) Only single-service articles may be used for eating and drinking. Children may bring
labeled items for their exclusive use, which must be returned to the parent or legal
guardian on a daily basis.
(2) Diapering Requirements
Article XIX: Specialized Care for the Mildly Ill 92
(a) A changing table with an easily cleanable impervious surface and hand washing
facilities, which include a basin with hot (not to exceed 110 degrees Fahrenheit) and
cold running water, disposable towels, towel dispenser, disposable gloves, liquid
soap, and plastic-lined trash receptacle, shall be available in the infant room or in the
room where children with special needs in diapers are in care. Such hand wash sink
shall be immediately adjacent to the changing table, inaccessible to children, and
shall be used exclusively for staff’s hand washing following diaper changing
activities.
Hands shall be washed and dried thoroughly after each diapering or toileting
procedure to prevent the transmission of diseases or illnesses to other children in the
facility’s care
(b) Diaper changing shall be in a separate area from the feeding or food service area.
(c) When children require cloth diapers, only those brought from the child’s home may
be used, and must be returned to the parent at the end of the day.
(d) Soiled cloth diapers shall be emptied of feces in the toilet and placed in a securely
covered, plastic-lined container which is not accessible to children. The container
shall be emptied and sanitized daily.
(e) Disposable gloves shall be used during all diaper changing activities. Gloves shall be
discarded after use on each child, following disposal of disposable diapers or rinsing
and sanitizing of cloth diapers. After gloves are discarded, personnel shall wash their
hands and the hands of the child prior to sanitizing the diaper changing station.
(3) Equipment and Furnishings - Indoor Equipment
(a) A child care facility for mildly ill children shall make available toys, equipment and
furnishings suitable to each child’s age and development and of a quantity for each
child to be involved in activities.
(b) Toys, equipment and furnishings must be safe and maintained in a sanitary
condition. All furnishings shall be made of impervious materials, smooth and easily
cleanable.
(c) All washable toys, equipment and furniture used for one (1) group of children with
similar diagnosis in a child care facility for mildly ill children shall be washed and
disinfected before being used by another group of children.
(d) Non-washable toys brought from home may not be shared, and shall be sent home
daily.
Article XIX: Specialized Care for the Mildly Ill 93
(e) All trash receptacles and waste paper bins within the facility shall be of the hands-
free type.
(4) Fire Safety.
(a) Unless statutorily exempted, all child care facilities for mildly ill children shall
conform to state standards adopted by the State Fire Marshal, Chapter 69A-36,
Florida Administrative Code, Uniform Standards for Life Safety and Fire Prevention
in Child Care Facilities, as amended or replaced, and shall be inspected annually by
the Fire Authority having jurisdiction. A copy of the current and approved annual
fire inspection report by a certified fire inspector must be on file with the Department.
(b) Child care facilities for mildly ill children shall conduct monthly fire drills when
children are in care, in accordance with the requirements contained in Article X
(G)(5) of these rules. However, subject to local fire authority’s approval, evacuation
of the premises shall not be required. However, facilities shall ensure that the children
are taken at least to the point of exit. A current attendance record must accompany
staff during a drill or actual evacuation and be used to account for all children.
(5) Emergency Procedures.
(a) At least one (1) first aid kit containing materials to administer first aid must be
maintained on the premises of all child care facilities for mildly ill children, at all
times. Each kit shall be in a closed container and labeled “First Aid”. The kit(s) shall
be accessible to the child care staff at all times and must include components and be
maintained as specified in Article XIII (A) of these rules.
(b) Procedures and Notification
(i) Parents shall be notified immediately in the event of any significant change in
a child’s illness or symptoms, accident or injuries sustained at the facility,
which are more serious than minor cuts and scratches, and their specific
instructions regarding action to be taken under such circumstances shall be
obtained and followed. If the parent cannot be reached, the facility operator
will contact those persons designated by the parent to be contacted under
these circumstances, and shall follow any written instructions provided by the
parent on the enrollment or registration form.
Article XIX: Specialized Care for the Mildly Ill 94
(ii) Child care facilities for mildly ill children shall make arrangements with the
parent for obtaining medical evaluation or treatment for a child, if necessary
as determined by the licensed health caregiver and program policies.
(iii) Child care facilities for mildly ill children shall obtain emergency medical
treatment without specific parental instruction when the parent cannot be
reached, and the nature of the illness or symptoms or injury is such that there
should be no delay in obtaining medical treatment, as determined by the
licensed health caregiver or other qualified health professional.
(iv) Child care facilities for mildly ill children shall call the parent immediately
when a child's illness or symptoms worsen to the degree that the child meets
criteria for exclusion from the program, as previously outlined herein.
(6) Dispensing of Medication.
Medication shall be returned to the parent or legal guardian at the end of each day.
Medication shall be dispensed and stored in accordance with Article XIII(C)(1 & 2) of these
rules.
E. Food and Nutrition
(1) Nutrition
(a) If a child care facility for mildly ill children chooses to supply food, it shall provide
nutritious meals and snacks of a quantity and quality to meet the daily nutritional
needs of the children.
(b) If a facility chooses not to provide meals and snacks, arrangements must be made
with the custodial parent to provide nutritional food for the child.
(c) Child care facilities for mildly ill children shall ensure that menus for children can be
modified to meet the individual needs of each child in care. If a special diet is
required for a child by a physician, a copy of the physician's order, a copy of the diet,
and a sample meal plan for the special diet shall be maintained in the child's facility
file.
(2) Food Preparation Area.
(a) All licensed child care facilities for mildly ill children, approved by the Department to
prepare food, shall meet the applicable requirements as specified in Rule 64E-11,
Florida administrative Code, Food Hygiene, as amended or replaced.
Article XIX: Specialized Care for the Mildly Ill 95
(b) A kitchen area may be shared with other components of the facility. However, staff
providing child care for the mildly ill children shall not be involved in food
preparation.
(3) Food Service.
(a) Children shall be individually fed or supervised at feeding and offered foods
appropriate for their ages and physical condition.
(b) All meals and snacks provided for children participating in child care facilities for
mildly ill children must be served on single-service articles.
(c) Where the facility shares kitchen amenities with the well-childcare program onsite,
and food is satellited to the mildly ill childcare section, such food shall be
individually plated on disposable ware, and shall not be returned to the well child
care area.
(d) There shall be a handwash sink with hot and cold running water for staff use in each
area where liquid nourishment and or medications are dispensed.
F. Record Keeping
(1) Children’s Records.
(a) Each child’s record shall contain a signed statement from the parent, attesting to the
child’s immunization status, either current or religiously exempt from immunization,
as required by Rule 64D-3, Florida Administrative Code, as may be amended or
replaced.
(b) Enrollment/Registration Information: The facility operator shall obtain enrollment
information from the child’s custodial parent or legal guardian, prior to accepting a
child in care. This information shall be documented on a current CF-FSP Form 5241,
Application for Enrollment in Specialized Child Care Facilities for Mildly Ill
Children, which is incorporated by reference, or an equivalent form that contains all
the following information required by the Department’s form:
(i) Child’s name, age, date of birth, sex
(ii) Parent or legal guardian’s name
(iii) Employer name
(iv) Home, work, cell and pager telephone numbers
(v) Person and telephone number to call in case parent cannot be reached
Article XIX: Specialized Care for the Mildly Ill 96
(vi) Child’s physician and telephone number
(vii) Allergies and type of reaction and specific interventions in case of allergic
reaction
(viii) Present and past prescriptions and childhood diseases
(ix) Current Diet
(x) Special areas of concern and special needs of assistance
(xi) Diapering requirements
(c) The child shall not be released to any person other than the person(s) authorized, or in
the manner authorized in writing by the parent.
(d) Children’s files shall contain signed statements that the child care facility for mildly
ill children has provided all of the following information to parents:
(i) Admission policy
(ii) The program’s infection control procedures
(iii) Methods for the daily care of children, including the child’s progress
(iv) Procedures for the care and referral for a medical evaluation for children who
exhibit worsening symptoms, including a listing of those symptoms
(v) Policy and procedure for staff communication with parents and health care
providers
(vi) Discipline policy
(3) Medication Records.
(a) A written record documenting the child’s name, the name of the medication, date,
time, dosage to be given, and signature of the custodial parent or legal guardian, shall
be maintained at the facility. This record shall be initialed or signed by facility
personnel at the time the medication is dispensed.
(b) This record shall be maintained for a minimum of twelve (12) months after the last
day the child received the medication.
(4) Other Records
Facility shall maintain for the Department’s review the following:
(a) Written records of policies and procedures, current for the calendar year, or most
recent version, and
(b) A detailed log of quarterly monitoring visits shall be maintained, dated and signed
by the Health Provider Consultant. This log shall be maintained for a period of no
less than two (2) years.
Article XIX: Specialized Care for the Mildly Ill 97
ARTICLE XX: CLASSIFICATION OF VIOLATIONS
The Department will use the following classifications as a guideline for determining the
severity of violations of these rules:
A. Class I Violations: Are the most serious in nature and could result or do result in
death or serious harm to the health, safety and well-being of a child and include overt
abuse and negligence related to the operation and maintenance of a facility.
B. Class II Violations: Are serious in nature but do not pose an immediate threat to the
health, safety and well-being of a child but could reasonably be expected to cause harm
within ninety (90) days (for example, a leaking roof that could collapse) and include those
conditions or occurrences related to the operation and maintenance of a facility, other than
Class I violations.
C. Class III Violations: Are the least serious in nature and pose no threat to the health,
safety and well-being of a child and include those conditions or occurrences related to the
operation and maintenance of the facility other than Class I or Class II violations. A
violation is noncompliance with any provision of §§. 402.301 - 402.319, Florida Statutes,
or applicable rules.
D. Other: Violations not included above or classified as a Class I, II, or III violation but
for which fines may be issued depending on severity or recurrence.
E. In addition to the provisions previously set forth herein, it is a violation of these rules
to:
(1) Fail, by false statement, misrepresentation, impersonation, or other fraudulent
means, to disclose in any application for voluntary or paid employment, licensure or
certification regulated herein, all information required or a material fact used in
making a determination as to such person's qualifications to be child care personnel, in
a child care facility, or other child care program.
(2) Operate or attempt to operate a child care facility under a license or certificate that
is suspended, revoked, or terminated.
(3) Misrepresent, by act or omission, a child care facility to be duly licensed or
certified pursuant to this rule without being so licensed or certified.
(4) Make any other misrepresentation, by act or omission, regarding the licensure or
certification, or operation of a child care facility to a parent or guardian who has a
child placed in the facility or is inquiring as to placing a child in the facility, or to a
representative of the licensing authority, or to a representative of a law enforcement
agency, including, but not limited to, any misrepresentation as to:
(a) The number of children at the child care facility;
(b) The part of the child care facility designated for child care;
(c) The qualifications or credentials of child care personnel;
(d) Whether a child care facility complies with the screening requirements of
402.305, Florida Statutes, as amended or replaced; or
(e) Whether child care personnel have the training as required by 402.305, Florida
Statutes, as amended or replaced.
Article XX: Classification of Violations 98
ARTICLE XXI. ENFORCEMENT
A. In addition to the revocation procedures set forth above, any violation of Chapter 59-1698
Laws of Florida, as amended, these rules and regulations, or Florida Statutes, §§
402.301--402.319, as amended or replaced, or the rules and regulations promulgated
thereunder, is subject to enforcement by the Department through the Palm Beach County
Environmental Control Officer pursuant to Chapter 77-616, Laws of Florida, as amended.
Pursuant to Chapter 77-616, Laws of Florida, the Environmental Control Hearing Board
is authorized to issue fines of up to $500 per violation per day of violation. The
Department will use a progressive enforcement matrix (incorporated by reference) to
make recommendations to the Environmental Control Hearing Board for such fines.
Violations of these rules may result in the issuance of an order requiring the
owner/operator of the facility to appear before the Environmental Control Hearing Board
and show cause why a civil penalty should not be imposed or corrective action ordered.
Thereafter, the Environmental Control Hearing Board will convene, hear the matter, and,
if a violation is found to have occurred, issue an order that may require corrective action
and payment of a fine. Failure to pay any such fine may result in the filing of a lien
against any and all property of the facility owner. The provisions of this paragraph
describe an additional and supplemental means of enforcement. Nothing contained in this
paragraph shall prohibit the County from enforcing these rules and regulations by any
other means, including, but not limited to the institution of time-limited corrective action
plans for the child care facility and/or referral to the State Attorney’s Office for criminal
prosecution, pursuant to Chapter 77-616, Laws of Florida, as amended or replaced.
B. Each day of violation shall be considered a separate and distinct violation.
C. Right of Entry:
Members of the Child Care Facilities Board and its representatives may enter and inspect
child care facilities, child boarding homes, large family child care homes, or family day care
facilities at reasonable hours, and may question such persons and investigate such facts,
conditions, and practices or matters as may be necessary or appropriate to determine whether
any person has violated any provision of Chapter 59-1698, Special Acts, Laws of Florida, as
amended, or of any rule and regulation issued hereunder. The right of entry and inspection
shall also extend to any premises which the Department has reason to believe are being
operated or maintained as a child care facility without a license, but no such entry or
inspection of any premises shall be made without the permission of the person in charge
thereof unless a warrant is first obtained from the circuit court authorizing same. Any
application for a license or certificate or renewal made pursuant to these rules, or any
advertisement to the public of child care as defined herein shall constitute permission for
entry or inspection of any premises for which such license or certificate is sought in order to
facilitate verification of the information submitted on or in connection with the application.
In the event that a licensed or certified facility refuses permission for entry or inspection to
the Department, a warrant shall be obtained from the circuit court authorizing same prior to
such entry or inspection. Disciplinary action may also be instituted pursuant to Article XXI
(A) herein.
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D. In addition to conspicuously posting the license, certificate of substantial compliance, or
certificate of compliance, the child care facility shall post with the license or certificate:
1) Each citation for a violation of any standard or requirement of these rules and
regulations that has resulted in disciplinary action mandated by the
Environmental Control Hearing Board.
2) An explanation, written in simple language, of the corrective action, if any,
taken by the facility for each citation. Included in the description shall be the
dates on which the corrective action was taken.
3) Each citation, explanation, and description of corrective action shall remain
posted for one (1) year after the Environmental Control Hearing Board's
effective date.
E. Should the Department determine that any child care personnel makes any
misrepresentation in violation of Article XX (E) above to a parent who has placed a child
in the child care facility, and the parent or guardian relied upon the misrepresentation, and
the child suffers great bodily harm, permanent disfigurement, permanent disability, or
death as a result of an intentional act or negligence by the child care personnel, then such
matter may be referred to the State Attorney’s Office for criminal prosecution, pursuant to
Chapter 77-616, Laws of Florida, as amended or replaced.
Article XXI: Enforcement 100