(1) Definitions.

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Terms Used In Florida Regulations 6M-10.002

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
    (a) “”Accrediting Association”” means an entity that certifies early and school-age care providers and accredits programs that meet or exceed heightened standards, following self-study and observation that standards are met and continue to be met during the period of accreditation.
    (b) “”Gold Seal Quality Care Accrediting Association”” means an accrediting association that has applied to and been approved by the Division of Early Learning (DEL) as an accrediting association for the purpose of Gold Seal Quality Care designation pursuant to Florida Statutes § 1002.945(3)
    (c) “”Gold Seal Quality Care Provider”” means a child care facility, family day care home, or large family child care home regulated by the Department of Children and Families (DCF), local licensing agency, or the United States Department of Defense, that meets the accreditation compliance requirements in Florida Statutes § 1002.945(1)
    (2) Gold Seal Quality Care Accrediting Association Requirements.
    (a) An accrediting association seeking recognition as a Gold Seal Quality Care Accrediting Association must:
    1. Have been active and accrediting child care facilities, family day care homes, or large family child care homes in Florida for a period of five (5) years immediately prior to submission of an application to the DEL.
    2. Hold an active corporation registration with the Florida Department of State to do business in Florida.
    3. Submit and meet all requirements outlined on the Form DEL-GS06, Gold Seal Quality Care Accrediting Association Application, May 2022, which is incorporated by reference. Form DEL-GS06 may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-14189.
    4. Submit a crosswalk of the accrediting association’s standards with the DEL’s Gold Seal Quality Care standards.
    (b) Applications will be accepted only in January and July each year. An accrediting association whose application is denied cannot reapply until at least six (6) months from the date of the denial.
    (c) An application and all supporting documentation submitted by an accrediting association for approval as a Gold Seal Quality Care Accrediting Association will be evaluated in the manner described in Form DEL-GS07, Gold Seal Quality Care Program Review Process and Procedures, May 2022, which is incorporated by reference, Form DEL-GS07 may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-14190).
    (d) Applicants must obtain an overall compliance percentage of 85% or higher of the standards outlined on Form DEL-GS02, Gold Seal Quality Care Accrediting Association Evaluation Manual for Family Day Care Homes and Large Family Child Care Homes, February 2023, or Form DEL-GS04, Gold Seal Quality Care Accrediting Association Evaluation Manual for Child Care Facilities, February 2023. These forms are incorporated by reference and copies may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-15173). An accrediting association approved by the DEL as a Gold Seal Quality Care Accrediting Association under this rule must ensure, when issuing accreditations to Florida child care providers for the purposes of Gold Seal Quality Care designation, that the child care providers have met an overall compliance percentage of 85% or higher under the association’s accreditation standards.
    (e) The DEL’s Gold Seal Quality Care standards are established in Form DEL-GS03, Gold Seal Quality Care Accrediting Standards for Child Care Facilities, February 2023, and Form DEL-GS01, Gold Seal Quality Care Accrediting Standards for Family Day Care Homes and Large Family Child Care Homes, February 2023. These forms are incorporated by reference and copies may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-15176).
    (f) A Gold Seal Quality Care Accrediting Association approval is valid only for the entity to which it is issued for a maximum of five (5) years, unless terminated by the DEL or voluntarily surrendered during the approved period.
    (g) A Gold Seal Quality Care Accrediting Association must annually submit the Attestation page of Form DEl-GS06, Gold Seal Quality Care Accrediting Association Application, on or before July 1st. If changes have occurred, the appropriate supporting documentation of the change must accompany the Attestation.
    (h) The following acts or omissions are grounds for revocation of an accrediting association’s approval;
    1. Failure to notify the DEL of a change in the accrediting association’s administration, corporate structure, or any condition under which the association was initially approved by the DEL.
    2. Any changes resulting in the accrediting association’s inability to meet the criteria provided in Florida Statutes § 1002.945(3)
    3. Contracting with or otherwise authorizing any other entity or parties, including affiliated groups, membership groups, or subgroups, to issue accreditations to Florida child care providers for the purposes of Gold Seal Quality Care designation.
    4. Acts of fraud committed by an accrediting association.
    (i) A Gold Seal Quality Care Accrediting Association must notify the DEL, in writing, within fifteen (15) calendar days a revocation or expiration of the accreditation of a child care facility, family day care home, or large family child care home in Florida. The notification must include a copy of the revocation or expiration letter issued to the provider, stating the specific reasons for revocation or expiration. Failure to provide the DEL such written notification will be grounds for terminating the association’s approval as a Gold Seal Quality Care Accrediting Association, and the association will be precluded from reapplying for approval for a period of two (2) years.
    (j) Gold Seal Quality Care Accrediting Associations must apply to renew approval by submitting Form DEL-GS06, Gold Seal Quality Care Accrediting Association Application, a minimum of six (6) months prior to end of the five-year approval period.
    (k) An accrediting association approved under this rule as a Gold Seal Quality Care Accrediting Association must notify the DEL and all of its accredited providers in writing six (6) months in advance of any intent to surrender its approval or to allow it to expire. An approved accrediting association which fails to comply with this requirement will be precluded from re-applying for approval for a period of five (5) years from the lapse of the existing approval.
    (l) The DEL will not recognize Gold Seal accreditations issued by an entity that has not been approved as a Gold Seal Quality Care Accrediting Association.
    (m) An accrediting association approved by the DEL as a Gold Seal Quality Care Accrediting Association may not contract with or otherwise authorize any other entity or parties, including affiliated groups, membership groups, or subgroups, to issue accreditations to Florida child care providers for the purposes of Gold Seal Quality Care designation.
    (n) Gold Seal Quality Care Accrediting Associations must submit quarterly reports as required in section V of Form DEL-GS06, Gold Seal Quality Care Accrediting Association Application, that includes the name and full address of each accredited child care program, the effective accreditation date and expiration date for each program, and any programs for which accreditation has expired or been terminated during the quarter. Failure to submit quarterly reports of accredited child care programs will be grounds for terminating the accrediting association’s approval as a Gold Seal Quality Care Accrediting Association. DEL will provide the reason and recommend the length of the termination to the State Board.
    (o) Any accrediting associations that were designated as a Gold Seal Quality Care Accrediting Association without being required to apply must submit an application and all supporting documentation by December 31, 2022 for approval as a Gold Seal Quality Care Accrediting Association. Child care providers accredited by these associations will remain eligible to use their accreditation to obtain and maintain a Gold Seal Quality Care designation until the accrediting association has been approved or denied by the DEL. Child care providers accredited by these associations will remain subject to the requirements outlined in Fl. Admin. Code R. 6M-10.001
    (3) Gold Seal Quality Care Accrediting Association Audits.
    (a) Each Gold Seal Quality Care Accrediting Association shall be audited by the DEL biennially to verify compliance with criteria outlined in Section 1002.945(3)(a)4., F.S. Each accrediting association shall provide evidence of its accreditation process to DEL within thirty (30) calendar days of a DEL notification of the association’s audit date. Documentation may be submitted electronically to DEL.
    (b) Results from the audit shall be provided to the accrediting association upon DEL’s determination that the audit is complete. Any issue of noncompliance with the criteria in Section 1002.945(3)(a)4., F.S., will result in corrective action or termination as a Gold Seal Quality Care Accrediting Association.
    1. If the DEL determines that an accrediting association is not in compliance with Section 1002.945(3)(a)4., F.S., the accrediting association will be notified of corrective action requirements and the deadline to implement and comply with such requirements. Failure to comply with corrective actions within the timeframe indicated in the corrective action notice will result in termination as a participating Gold Seal Quality Care Accrediting Association.
    2. The DEL shall notify an accrediting association of termination as a participating Gold Seal Quality Care Accrediting Association a minimum of two (2) weeks prior to the termination date. Termination from participation as a Gold Seal Quality Care Accrediting Association will be in effect for a minimum of two (2) years but not more than five (5) years. DEL will provide the reason and recommend the length of the termination to the State Board.
    (c) A Gold Seal Quality Care Accrediting Association must annually submit Form DEl-GS08, Gold Seal Accrediting Associations Annual Self-Assessment Survey, February 2023, on or before October 1st. This form is incorporated by reference and a copy may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-15177). If changes have occurred since the previous submission, the appropriate supporting documentation of the change must accompany the survey.
Rulemaking Authority 1002.945 FS. Law Implemented Florida Statutes § 1002.945. History-New 5-1-08, Amended 1-13-10, 8-1-13, 7-7-15, 10-25-17, 6-12-19, Formerly 65C-22.009, Amended 5-3-22, 3-1-23.