(1) Application for a license or for renewal of a license to operate a family day care home must be made on CF-FSP Form 5133, May 2019, Application for a License to Operate a Family Day Care Home, which is incorporated by reference. CF-FSP Form 5133 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-10482.
    (2) Application for a license or for renewal of a license to operate a large family child care home must be made on CF-FSP Form 5238, May 2019, Application for a License to Operate a Large Family Child Care Home, which is incorporated by reference. CF-FSP Form 5238 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-10580. A license to operate a large family child care home may be used to operate a family day care home when the number of children in care meets the definition of a family day care home. A license to operate a family day care home cannot be used to operate a large family child care home.
    (3) A completed CF-FSP Form 5133 or CF-FSP Form 5238 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 5133 or CF-FSP Form 5238 at least 45 days prior to the expiration date of the current license constitutes a licensing violation as defined in paragraph 65C-20.012(3)(d), F.A.C.
    (4) A submitted CF-FSP Form 5133 or CF-FSP Form 5238 will not be considered complete until the licensing authority receives proof of background screening clearance on the operator of the family day care home or the large family child care home, substitutes, and on all other household members who are subject to background screening pursuant to sections 402.313(3) and 402.3131(2), F.S. If the designated substitute changes during the licensure year, prior to taking care of children, the new designated substitute for the operator must comply with background screening requirements and the licensing authority must receive proof of background screening clearances.
    (5) The Department may issue a provisional license allowing a home to operate for a designated period of time while working to correct one or more licensing standard(s) not met, provided the operator is making adequate provisions to ensure the health and safety of the children in care. A provisional license may not be issued as the initial license and is a not a disciplinary sanction.
    (6) During the hours of operation, the family day care home or large family child care home 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.
    (7) Family Day Care Home and Large Family Child Care Home Standards. Family Day Care Homes and Large Family Child Care Homes must follow the standards found in the “Family Day Care Home and Large Family Child Care Home Handbook,” May 2019, 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-10488.
    (8) The following documents and forms are also incorporated by reference as part of this rule:
    (a) CF Form 5268A, October 2017, In-Service Training Record — Family Day Care Home/Large Family Child Care Home. A copy may be obtained from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08750.
    (b) CF/PI 175-28, September 2007, Selecting a Family Day Care Home Provider. A copy may be obatined from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-08751.
Rulemaking Authority 402.309, 402.313, 402.3131, 402.405 FS. Law Implemented 402.302(13), 402.305, 402.309, 402.313, 402.3131 FS. History—New 7-2-98, Amended 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10, 10-25-17, 6-12-19.