Regulations Questions & Answers Latest
Solution
Rules definition - ANSWER ✔ - Rules implement, interpret, and/or describe laws found in the Florida Statutes. The
permanent collection of these rules is found in the Florida Administrative Code. For child care regulations, the
Department of Children and Families' Office of Child Care Regulation writes the rules. The Department has adopted a
handbook as part of the Florida Administrative Code to provide guidance and clarification in order for providers to
implement the rules and regulations.
Regulation definition - ANSWER ✔ - a law, rule, ordinance, or other order prescribed by authority, especially to regulate
conduct. Rules and regulations exist to protect the health and safety of children in out-of-home care.
Florida law definition - ANSWER ✔ - Florida Law means a bill passed by the Florida Legislature, which includes the House
and Senate, and signed by the governor of Florida. The permanent collection of these state laws is found in the Florida
Statutes.
Ordinance definition - ANSWER ✔ - An ordinance is a local law enacted by a county or municipality and only applies within
the jurisdiction of the particular county or city.
Child care personnel - ANSWER ✔ - Includes all owners, operators, employees, and volunteers working in a child care
facility
Foster Grandparents - ANSWER ✔ - Directly supervised volunteers who participate in the federal program pursuant to 45
Code of Federal Regulations part 2552; they work with one or more children with special or exceptional needs in child
care programs
Direct Supervision - ANSWER ✔ - Actively watching and directing children's activities within the same space, and
responding to the needs of each child while in care
Director - ANSWER ✔ - On-site administrator or individual who has the primary responsibility for the day-to-day
operation, supervision, and administration of a child care facility
A child care program is either licensed, registered, or exempt from licensure. The main types of child care programs in
Florida are - ANSWER ✔ - -Child Care Facilities
-Specialized Child Care Mildly Ill Facilities
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,-Family Day Care Homes
-Large Family Child Care Homes
Before-school and after-school sites - ANSWER ✔ - are programs, regardless of location, providing care for children who
are at least five years old, and who are enrolled in and attend kindergarten or above. These programs provide care only
before and after school, on teacher planning days, holidays, and breaks that occur during the school district's official
academic calendar year.
A school-age child care program must be licensed prior to operation and for continued operation, unless the program
demonstrates that it is exempt because it is located on a public/nonpublic school site and is all of the following: - ANSWER
✔ - -Operated and staffed directly by that school or through a formal agreement
-Serving only the school-age children attending the school during the day
-Following the standards set forth by the Florida Building Code State Requirements for Public Educational Facilities
(Licensed school-age child care programs are not subject to all of the same regulations as licensed child care facilities, so
it is important to review the appropriate standards handbook.)
Specialized Child Care Facilities are - ANSWER ✔ - licensed programs that provide child care for more than five mildly ill
children unrelated to the operator, which receive a payment, fee, or grant for any of the children receiving care, wherever
operated, and whether or not operated for profit. These programs were created by the Legislature in order to implement
standards, in conjunction with the Florida Department of Health, specific to caring for mildly ill children, such as those
with the flu.
Drop-in child care - ANSWER ✔ - is a child care arrangement where families occasionally leave their child for no more
than four hours but remain on the premises, such as child care at a shopping mall. A communication system must be
provided to the family to ensure they can return immediately to the child if necessary. A family is not required to submit
the physical or immunization documentation for the child using drop-in care; however, the family must attest to the
child's status of immunization and current health. Drop-in child care arrangements must be licensed and shall meet all
requirements for a child care facility unless specifically exempted, such as religious exemption.
Programs Exempt from Licensure - ANSWER ✔ - There are programs that are not included in the definition, and therefore,
are exempt from licensure. The following programs are considered exempt from licensure by the Florida Statutes and
Florida Administrative Code:
-Public and Non-Public Schools—School Day
-Programs for Children Grades Six and Above
-School-Age Programs on School Sites That Meet Certain Criteria
-Instructional/Tutorial Programs
-Open Access Programs
-National Membership Organizations That Meet Certain Criteria
-Summer Day Camps and 24-Hour Camps
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, -Vacation Bible Schools
-Transient Establishments (hotels, resorts, and similar establishments)
-Non-Custodial In Home Care
-Religious Exemption Pursuant to s. 402.316, F.S.
Instructional/Tutorial Programs - ANSWER ✔ - Programs that are classified as instructional or tutorial are not designated
as Gold Seal Quality Care providers. If they have a single instructional/tutorial purpose and that is the only service they
provide, then they are exempt from licensure. Some examples of these programs include, but are not limited to:
-Tutoring
-Computer class
-Ballet class
-Karate class
-Baseball instruction or other sport
The program cannot provide any service beyond the instructional and tutorial/academic activity in order to qualify under
this category of exemption. Also, the program cannot cater, serve, or prepare meals. The program may choose to provide
drinks and ready-to-eat snacks that are individually pre-packaged and do not require refrigeration. An
instructional/tutorial session may not exceed two hours for one session or three hours for a session with multiple
academic areas. These programs do not contract to deliver a School Readiness program.
Summer Day Camps and 24-Hour Camps - ANSWER ✔ - Summer day camps are recreational, educational, and other
enrichment programs operated during summer vacations for children who are five years of age or older on or before
September 1. Summer 24-hour camps are recreational, educational, and other enrichment programs that are not
exclusively educational, which are operated on a 24-hour basis during summer vacations for children who are five years
of age or older on or before September 1. Summer camps, while not inspected or regulated by the Department, are
required to have all personnel screened through the Background Screening Clearinghouse with a Level 2 background
screening and a signed Child Care Attestation of Good Moral Character (on file at the program) prior to caring for children.
This includes owners, operators, employees, and volunteers who provide care for children. Summer programs do not
need to be licensed Volunteers who assist on an occasional basis for less than 10 hours per month do not need to be
screened, as long as a person who meets the screening requirement is always present and has the volunteer in their sight.
All employees and volunteers (working 10 hours or more), including those under the age of 18, must be screened.
Other Exempt Child Care Programs - ANSWER ✔ - -Vacation Bible Schools
-Transient Programs
-Club/Recreational Facility
-Non-Custodial In-Home Care
Programs Exempt from licensure: - ANSWER ✔ - -Public and non-public schools
-Membership organization programs
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