9283208, 65CER10-05 - Florida Administrative Rules, Law, Code, Register

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Notice: 9283208

Notice of Emergency Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Family Safety and Preservation Program

Overview

RULE:

65CER10-05

General Sanitation

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Chapter 2010-161, Laws of Florida, signed into law by the Governor on June 1 and effective July 1, 2010, eliminated the Department of Health’s regulatory authority over food hygiene and sanitation in licensed child caring agencies otherwise regulated by the Department of Children and Families under Section 409.175, Florida Statutes, and Chapter 65C-14, Florida Administrative Code. The effect of Chapter 2010-161, Laws of Florida, is that there are currently no administrative rules providing minimum standards for certain food storage, preparation, and service and other sanitation activities in licensed child caring agencies. This has created an immediate serious threat to the health and safety of children served in these facilities. This situation makes it necessary for the Department of Children and Families (DCF) to add language to Chapter 65C-14, Florida Administrative Code, to provide standards to be used by the Department of Heath (DOH) when inspecting child-caring agencies on behalf of the Department pursuant to Section 409.175(6)(e), Florida Statutes. This emergency rule will provide the regulatory basis for continued inspections of food hygiene and sanitation to ensure client safety in licensed child caring agencies pending the Department’s adoption of permanent rules.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Florida Administrative Code 65C-14 is the most efficient means of providing guidance to protect the health, safety, and welfare of children found to be dependent as defined by Chapter 39, F.S., and who have been placed in licensed out-of-home care.

SUMMARY:

The new rule provides standards for the measurement of safety and sanitation issues in child-caring agencies.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Stacey Cleveland, Statewide Licensing Specialist, 1317 Winewood Boulevard, Tallahassee, Florida 32399, Phone: (850)921-8833, Email: Stacey_Cleveland@dcf.state.fl.us

PRINT PUBLISH DATE:

10/22/2010 Vol. 36/42

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=65CER10-05&PDate=10/22/2010&Section=4

REFERENCE MATERIALS:

No reference(s).

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