Florida Regulations 65C-22.001: General Requirements
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(1) Application.
(a) Application for a license or for renewal of a license to operate a child care facility must be made on CF-FSP Form 5017, May 2019, Application for a License to Operate a Child Care Facility, which is incorporated by reference. CF-FSP Form 5017 may be obtained from the department’s website at www.myflfamilies.com/childcare or from the following link http://www.flrules.org/Gateway/reference.asp?No=Ref-10461.
(b) Each completed CF-FSP Form 5017 must be submitted with the licensure fee pursuant to Florida Statutes § 402.315
(c) The completed CF-FSP Form 5017 must be signed by the individual owner, prospective owner, or the designated representative of a partnership, association, or corporation, and must include background screening clearance documents for the owner/operator/director, and an approved fire inspection. Child care facilities that have a well system must maintain current written records indicating the well system meets the requirements of the Department of Health on an annual basis.
(d) A completed CF-FSP Form 5017 for renewal of an annual license must be submitted to the licensing authority at least 45 days prior to the expiration date of the current license to ensure that a lapse of licensure does not occur. Failure to submit a completed CF-FSP Form 5017 at least 45 days prior to the expiration date of the current license constitutes a licensing violation as defined in Fl. Admin. Code R. 65C-22.010(2)(c)
(2) Urban Child Care.
(a) In order to be classified as an urban child care facility, the applicant, prior to submitting an application for licensure must:
1. Obtain written documentation from the local governing body that confirms the geographical area has been declared urban; and,
2. Consult with the licensing authority to verify that the required outdoor play space, required by section 3.4.4, B of the Child Care Facility Handbook does not exist or cannot be made available. Urban designation will not be granted if the licensing authority determines space for an outdoor play area is available. Outdoor play space is “”available”” if appropriate space:
a. Is adjacent to the facility, or
b. Can be reached by a route that is free of hazards and is within 1/8 mile of the facility.
(b) If requirements in subparagraph 1., above, are met, the applicant must complete and submit the CF-FSP Form 5017.
(c) No application for an urban child care facility designation will be approved by the licensing authority without the above criteria being met.
(3) License.
(a) A child care facility license is issued in the name of the owner. The owner may be an individual, partnership, limited liability company (LLC), corporation, or other business or ownership entity recognized by the State of Florida. The license is non-transferable between owners and locations.
(b) During the hours of operation, the child care facility must not be used for any business or purpose unrelated to providing child care that can interfere with compliance with child care standards or permit the presence of individuals who do not meet screening and training requirements when children are present. A child care facility that utilizes any area that is subject to use by persons outside of the program must have exclusive control of such area when used by the program and provide effective measures to exclude individuals who do not meet screening and training requirements from that area.
(c) The child care facility must include their license number in any advertisement about their services.
(d) The Department may issue a provisional license allowing a facility to operate for a designated period of time while working to correct one or more licensing standard(s) not met, provided the owner is making adequate provisions to ensure the health and safety of the children in care. A provisional license is a not a disciplinary sanction.
(4) Change of ownership.
(a) At least one week prior to changing ownership of a child care facility, in compliance with Florida Statutes § 402.305(18), one of the following methods of notification to custodial parents or legal guardians must be observed:
1. Posting a notice in a conspicuous location at the facility,
2. Incorporating information into an existing newsletter, or
3. Distribute individual letters or flyers.
(b) A completed CF-FSP Form 5017 for a change of ownership must be submitted by the new prospective owner to the licensing authority prior to the final sale of the business. The Department has 45 days from receiving a completed application to issue a license to the new prospective owner.
(c) A change of ownership cannot be to a new corporation with some or all of the same corporate members.
(5) Supervision.
(a) Children that are delivered to a location offsite from the facility by someone other than the parent or guardian become the responsibility of the child care program at that designated location and time as agreed upon by the provider and the parent/guardian. The provider is responsible for the supervision of the child upon the child’s arrival at the designated point. If a child is not present at the time of pick-up, prior to leaving the designated location, child care personnel must contact the facility to notify them of the child’s absence. Child care personnel at the facility must contact the child’s parent or legal guardian to notify them of their child’s absence.
(b) Direct supervision means actively watching and directing children’s activities within the same room or designated outdoor play area, during transportation, any activity outside of the facility, and responding to the needs of each child while in care. Child care personnel at a facility must be assigned to provide direct supervision to a specific group of children, and be present with that group of children at all times.
(6) Child Care Standards. Child care programs must follow the standards found in the “”Child Care Facility Handbook,”” October 2021, incorporated herein by reference. The handbook may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-13954.
(7) The following documents and forms are also incorporated by reference as part of this rule:
(a) CF-FSP Form 1649A, May 2019, Child Care Attestation of Good Moral Character. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10460.
(b) CF-FSP Form 5131, May 2019, Background Screening and Personnel File Requirements. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10462.
(c) CF-FSP Form 5191, May 2019, Birth Through Five Florida Child Care Professional Credential (FCCPC) Training Program Provider Application. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10581.
(d) CF-FSP Form 5211, May 2019, Florida Child Care Staff Credential Verification Application. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10469.
(e) CF-FSP Form 5217, October 2017, Volunteer Acknowledgement. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08732.
(f) CF-FSP Form 5219, May 2019, Child Care Application for Enrollment. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10466.
(g) CF-FSP Form 5252, October 2017, Florida Child Care and Education Program Director Credential. A copy may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08734.
(h) CF-FSP Form 5257, May 2019, School-Age Florida Child Care Professional Credential (FCCPC) Training Program Provider Application. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10467.
(i) CF-FSP Form 5268, October 2017, Child Care In-Service Training Record. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08736.
(j) CF-FSP Form 5270, October 2017, Florida Child Care Professional Credential Certificate. A copy may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08737.
(k) CF-FSP Form 5290, May 2019, Florida Child Care and Education Program Director Credential and Renewal Application. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10470.
(l) CF-FSP Form 5337, October 2017, Child Abuse and Neglect Reporting Requirements. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08740.
(m) CF/PI 175-24, March 2014, Know Your Child Care Facility. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08017.
(n) CF/PI 175-70, May 2019, Influenza Virus, Guide to Parents. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-11269.
(o) DH 680, July 2010, Florida Certificate of Immunization. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08744.
(p) DH 681, July 2008, Religious Exemption From Immunization. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08745.
(q) DH 3040, July 2013, School Entry Health Exam. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08746.
(r) CF-FSP 5429, Child Care Food Program Meal Pattern for Children (CCFP), October 2017. Copies may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10475.
(s) CF-FSP 5428, Child Care Food Program Meal Pattern for Infants, October 2017. Copies may be obtained form the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10474.
(t) USDA MyPlate, August 2011. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-03036.
(u) Center for Disease Control guidelines, January 2013. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-03037.
(v) Caring for Our Children Basics, Health and Safety Foundations for Early Care and Education, June 2015. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08726.
(w) Title 16, Parts 1219, 1220 &1221 Code of Federal Regulations, 2014. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08743.
(x) CF/PI 175-12, May 2019, Distracted Adult. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-11263.
(8) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.
Rulemaking Authority 402.305, 402.309, 402.310 FS. Law Implemented 402.305, 402.309, 402.319, 402.3054, 402.3055, 402.308, 402.310 FS. History-New 6-1-97, Amended 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10, 8-1-13, 10-25-17, 1-29-20, 1-9-22.
Terms Used In Florida Regulations 65C-22.001
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(b) Each completed CF-FSP Form 5017 must be submitted with the licensure fee pursuant to Florida Statutes § 402.315
(c) The completed CF-FSP Form 5017 must be signed by the individual owner, prospective owner, or the designated representative of a partnership, association, or corporation, and must include background screening clearance documents for the owner/operator/director, and an approved fire inspection. Child care facilities that have a well system must maintain current written records indicating the well system meets the requirements of the Department of Health on an annual basis.
(d) A completed CF-FSP Form 5017 for renewal of an annual license must be submitted to the licensing authority at least 45 days prior to the expiration date of the current license to ensure that a lapse of licensure does not occur. Failure to submit a completed CF-FSP Form 5017 at least 45 days prior to the expiration date of the current license constitutes a licensing violation as defined in Fl. Admin. Code R. 65C-22.010(2)(c)
(2) Urban Child Care.
(a) In order to be classified as an urban child care facility, the applicant, prior to submitting an application for licensure must:
1. Obtain written documentation from the local governing body that confirms the geographical area has been declared urban; and,
2. Consult with the licensing authority to verify that the required outdoor play space, required by section 3.4.4, B of the Child Care Facility Handbook does not exist or cannot be made available. Urban designation will not be granted if the licensing authority determines space for an outdoor play area is available. Outdoor play space is “”available”” if appropriate space:
a. Is adjacent to the facility, or
b. Can be reached by a route that is free of hazards and is within 1/8 mile of the facility.
(b) If requirements in subparagraph 1., above, are met, the applicant must complete and submit the CF-FSP Form 5017.
(c) No application for an urban child care facility designation will be approved by the licensing authority without the above criteria being met.
(3) License.
(a) A child care facility license is issued in the name of the owner. The owner may be an individual, partnership, limited liability company (LLC), corporation, or other business or ownership entity recognized by the State of Florida. The license is non-transferable between owners and locations.
(b) During the hours of operation, the child care facility must not be used for any business or purpose unrelated to providing child care that can interfere with compliance with child care standards or permit the presence of individuals who do not meet screening and training requirements when children are present. A child care facility that utilizes any area that is subject to use by persons outside of the program must have exclusive control of such area when used by the program and provide effective measures to exclude individuals who do not meet screening and training requirements from that area.
(c) The child care facility must include their license number in any advertisement about their services.
(d) The Department may issue a provisional license allowing a facility to operate for a designated period of time while working to correct one or more licensing standard(s) not met, provided the owner is making adequate provisions to ensure the health and safety of the children in care. A provisional license is a not a disciplinary sanction.
(4) Change of ownership.
(a) At least one week prior to changing ownership of a child care facility, in compliance with Florida Statutes § 402.305(18), one of the following methods of notification to custodial parents or legal guardians must be observed:
1. Posting a notice in a conspicuous location at the facility,
2. Incorporating information into an existing newsletter, or
3. Distribute individual letters or flyers.
(b) A completed CF-FSP Form 5017 for a change of ownership must be submitted by the new prospective owner to the licensing authority prior to the final sale of the business. The Department has 45 days from receiving a completed application to issue a license to the new prospective owner.
(c) A change of ownership cannot be to a new corporation with some or all of the same corporate members.
(5) Supervision.
(a) Children that are delivered to a location offsite from the facility by someone other than the parent or guardian become the responsibility of the child care program at that designated location and time as agreed upon by the provider and the parent/guardian. The provider is responsible for the supervision of the child upon the child’s arrival at the designated point. If a child is not present at the time of pick-up, prior to leaving the designated location, child care personnel must contact the facility to notify them of the child’s absence. Child care personnel at the facility must contact the child’s parent or legal guardian to notify them of their child’s absence.
(b) Direct supervision means actively watching and directing children’s activities within the same room or designated outdoor play area, during transportation, any activity outside of the facility, and responding to the needs of each child while in care. Child care personnel at a facility must be assigned to provide direct supervision to a specific group of children, and be present with that group of children at all times.
(6) Child Care Standards. Child care programs must follow the standards found in the “”Child Care Facility Handbook,”” October 2021, incorporated herein by reference. The handbook may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-13954.
(7) The following documents and forms are also incorporated by reference as part of this rule:
(a) CF-FSP Form 1649A, May 2019, Child Care Attestation of Good Moral Character. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10460.
(b) CF-FSP Form 5131, May 2019, Background Screening and Personnel File Requirements. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10462.
(c) CF-FSP Form 5191, May 2019, Birth Through Five Florida Child Care Professional Credential (FCCPC) Training Program Provider Application. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10581.
(d) CF-FSP Form 5211, May 2019, Florida Child Care Staff Credential Verification Application. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10469.
(e) CF-FSP Form 5217, October 2017, Volunteer Acknowledgement. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08732.
(f) CF-FSP Form 5219, May 2019, Child Care Application for Enrollment. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10466.
(g) CF-FSP Form 5252, October 2017, Florida Child Care and Education Program Director Credential. A copy may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08734.
(h) CF-FSP Form 5257, May 2019, School-Age Florida Child Care Professional Credential (FCCPC) Training Program Provider Application. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10467.
(i) CF-FSP Form 5268, October 2017, Child Care In-Service Training Record. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08736.
(j) CF-FSP Form 5270, October 2017, Florida Child Care Professional Credential Certificate. A copy may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08737.
(k) CF-FSP Form 5290, May 2019, Florida Child Care and Education Program Director Credential and Renewal Application. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10470.
(l) CF-FSP Form 5337, October 2017, Child Abuse and Neglect Reporting Requirements. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08740.
(m) CF/PI 175-24, March 2014, Know Your Child Care Facility. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08017.
(n) CF/PI 175-70, May 2019, Influenza Virus, Guide to Parents. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-11269.
(o) DH 680, July 2010, Florida Certificate of Immunization. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08744.
(p) DH 681, July 2008, Religious Exemption From Immunization. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08745.
(q) DH 3040, July 2013, School Entry Health Exam. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08746.
(r) CF-FSP 5429, Child Care Food Program Meal Pattern for Children (CCFP), October 2017. Copies may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10475.
(s) CF-FSP 5428, Child Care Food Program Meal Pattern for Infants, October 2017. Copies may be obtained form the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-10474.
(t) USDA MyPlate, August 2011. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-03036.
(u) Center for Disease Control guidelines, January 2013. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-03037.
(v) Caring for Our Children Basics, Health and Safety Foundations for Early Care and Education, June 2015. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08726.
(w) Title 16, Parts 1219, 1220 &1221 Code of Federal Regulations, 2014. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08743.
(x) CF/PI 175-12, May 2019, Distracted Adult. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-11263.
(8) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.
Rulemaking Authority 402.305, 402.309, 402.310 FS. Law Implemented 402.305, 402.309, 402.319, 402.3054, 402.3055, 402.308, 402.310 FS. History-New 6-1-97, Amended 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10, 8-1-13, 10-25-17, 1-29-20, 1-9-22.