Rick Scott, Governor

Esther Jacobo, Interim Secretary

2013 Rule Changes

Florida Administrative Code
65C-22: Child Care Facilities

Mission: Protect the Vulnerable, Promote Strong and Economically Self- Sufficient Families,
and Advance Personal and Family Recovery and Resiliency.

65C-22.001
General Information
Application
New Application dated July 2012
Includes the Affidavit of Compliance language
Background Screening must be completed
Well system documentation (DOH)
Must be Notarized

65C-22.001
General Information
Supervision
Outlines additional supervision requirements during infant
feeding times
Limit use of confining devices
Limit use of electronic media time
Outlines additional disciplinary requirements

65C-22.0011
Definitions
This is an entirely new section rule. Definitions have
been added that are relevant to food service
operations in child care that appear in 65C-22.002,
65C-22.005, and 65C-22.008

65C-22.002
Physical Environment
General Requirements
Ovens, stoves, and food equipment must be free from
grease build-up
Adequate time and space provided for infant activities
Infant seating may be used for short periods of time (15-30
minute intervals)
Animals are prohibited in areas where food is prepared
New and Existing facilities that undergo renovation must
provide current documentation to verify compliance with
building and plumbing requirements

65C-22.002
Physical Environment
Indoor Floor Space
Designated food preparation areas are not to be included
when calculating usable square footage space
Clarifying language added regarding overall facility capacity

65C-22.002
Physical Environment
Napping and Sleeping Space
Updated reference to federal crib standards
Title 16 Parts 1219 and 1220 Code of Federal Regulations
dated December 28, 2010
Tracking label or Registration form (after June 28, 2011)
Childrens Product Certificate (prior June 28, 2011)

65C-22.002
Physical Environment
Fire and Emergency Safety
All staff shall be proficient in the use and operation of a fire
extinguisher
Travel distance to the nearest extinguisher shall not be
more than 75 feet from rooms occupied by children
Fire extinguisher must be present in food preparation areas
Fire drills shall be conducted monthly at various dates and
times when children are present

65C-22.002
Physical Environment
Fire and Emergency Safety

Reunification plan
Provisions for children with special needs
At minimum 1 lock down drill per licensure year
At minimum 1 inclement weather drill per licensure year
Alternate drills may substitute for up 3 fire drills
Automatic range-top fire suppression system (shallow fry or
deep fry)

65C-22.002
Physical Environment
Food Preparation Area
Designated room such as a kitchen or designated space in a
facility
Not included when calculating usable space
Well ventilated (mechanical or natural)
Easily cleanable surfaces
Clean and free of dust, dirt, food particles, pest, and grease
deposits.
Children shall not be present in this area while meals and
snacks are being prepared.

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65C-22.002
Physical Environment
Food Preparation Area
Employees, volunteers and substitutes
Proper head covering such as a hair net or hat
Use disposable gloves, utensils, or similar items to prevent barehand contact with food

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65C-22.002
Physical Environment
Food Storage
Food Storage must be within the designated food preparation
area or in a room designated for food storage
Not calculated as part of indoor floor space
Off site storage only if site of storage is a licensed child care
facility under the same ownership that meets food service
licensing standards
Food and food containers shall be stored above the floor
Separate from poisonous/toxic or cleaning products

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65C-22.002
Physical Environment
Food Storage
Open packages of food must be covered or sealed in a
container/bag labeled and dated:
Perishable leftovers must be refrigerated and either
consumed or discarded within 7 calendar days
Dry food goods must be stored in a sanitary manner and
consumed or discarded according to printed date on
package or if the quality of the food has been compromised
Refrigeration storage, 41 degrees Fahrenheit or below
Freezer storage, 0 degrees Fahrenheit or below

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65C-22.002
Physical Environment
Health and Sanitation
Center for Disease Control Hand Washing guidelines
Examples of when hand washing is required

Before and after eating

Immediately following outdoor play
After toileting
Following the use of cleaners or toxic chemicals
Before and after administering medication
During food preparation and snack distribution

Hand sanitizer does not substitute for hand washing

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65C-22.002
Physical Environment
Health and Sanitation
Warewashing and Sanitization
Mechanical warewashing
Sanitize using heat or chemical injection
Test kit or other device to measure chemical concentration

Manual warewashing
Sanitize using heat or chemical (most common bleach)
Use Caution if heat is the sanitizing method (special dish racks to
immerse dishes)
Test kit or other device to measure chemical concentration

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65C-22.002
Physical Environment
Health and Sanitation
Food Handling
Bottles and sippy cups brought from home shall be labeled
with the childs first and last name
Bottles and sippy cups provided by the facility must be washed
and sanitized between each use and do not have to be labeled.
Milk and food shall not sit out for longer than 15 minutes prior
to meal or snack time
Store and handle food provided by parents in a sanitary
manner

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65C-22.003
Training
Definitions
Establishes timeframe for Foster Grandparents to begin
and complete training
30 days to begin training
1 year from the date of working in the child care industry in a
license Florida child care facility to complete training

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65C-22.003
Training
Training Requirements
Clarifying language added to address individuals that leave
the industry and then return
Individuals that leave the industry in compliance - upon return have
90 days to comply with any new training requirements established
during the gap in employment
Individuals that leave the industry not in compliance - upon return
must comply with existing training requirements including new
training requirements that may have been implemented during the
gap in employment

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65C-22.003
Training
Annual In-Service Training
Clarifies that in-service training is a requirement for child
care personnel who have successfully completed Part I and
Part II training
Food Safety has been added to the list of training topic
areas that is acceptable for the in-service training
requirement
Child Care In-Service Training Record has been updated
In-service training required of personnel even when there is
a change in employment during the fiscal year

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65C-22.004
Health Related Requirements
First Aid, Cardiopulmonary Resuscitation and
Emergency Procedures
First aid kit shall be stored to prevent contamination of food
and food contact surfaces
Hand sanitizer added to the list of first aid supplies (sanitizer
may only be used when water is not readily available)

Medication
Medication shall be stored to prevent contamination of food
and food contact surfaces

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65C-22.005
Food and Nutrition
Nutrition
Incorporates the new USDA MyPlate
Food must be in sound condition, free from spoilage and
contamination:

USDA inspected meat, poultry, fish, dairy and processed foods

No raw milk or unpasteurized juice
No home canned food
No home grown eggs
No recalled food
Food may not be prepared outside of the facility unless
prepared by a caterer or a licensed child care under the same
ownership

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65C-22.005
Food and Nutrition
Nutrition
Food that requires refrigeration shall be maintained at 41
degrees Fahrenheit
Hot foods shall be maintained at 135 degrees Fahrenheit
Use proper cooking and reheating temperatures according
the table provided
Food

Minimum Internal Temperature

Fruits, Vegetables, Grains, and Legumes

135 oF

Roasts ( Fresh Beef, Pork and Lamb)

145o F (with a 3 minute rest time)

Fish

145o F

Eggs

Cook until yolk and white are firm

Eggs dishes

160 o F

Ground meats (beef, pork, and lamb) and

160o F

fresh ham (raw)

Poultry whole, parts, or ground

165 o F

Leftovers

165 o F

Foods cooked in microwave

165 o F

Sauces, gravy, soups , casseroles

165 o F

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65C-22.005
Food and Nutrition
Nutrition
Food Acceptance log must be used by the facility when food
is provided from an outside source (ie: caterer)
Date and time
Quantity of food
Condition of the food (check the temperature)
Maintain for four months
Written parental permission
General or specific permission slip
Maintained for four months

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65C-22.005
Food and Nutrition
Breastmilk, Infant Formula and Food
Breastmilk and formula must be handled in a sanitary
manner
Items brought from home must be labeled with the childs
first and last name
Prepared bottles shall be placed in refrigerator and used
within 48 hours
Contact parents immediately if the wrong breastmilk or
formula is served to infant and document the event
No solid food (including cereal) in bottles unless directed by
physician
No solid food for infants younger than 4months unless
directed by physician
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65C-22.005
Food and Nutrition
Breastmilk, Infant Formula and Food
Bottle warming devices

inaccessible to children at all times

lowest available temperature setting
secure to prevent tipping over, splashing, or spilling
water reservoir must be emptied, washed and refilled daily

No microwaves for heating bottles

Test bottles before serving
No reheating bottles

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65C-22.005
Food and Nutrition
Breastmilk, Infant Formula and Food
Baby food jars
Do not accept jars if they have been previously opened
If an infant if fed directly from the jar, the jar shall be used for
only one feeding and the remainder discarded

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65C-22.006
Record Keeping
Enrollment information
Food and nutrition policies must include food safety and
food allergens
Form updates:
Volunteer Acknowledgment Form 5217

Personnel Records and Summary of Records

Form updates:
Background Screening and Personnel File Requirements Form
5131
Affidavit of Good Moral Character Form 1649

Re-screening completed every 5 years in the same manner

as the initial screening process
Food Activities/Special Occasions permission slip
maintained for four months
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65C-22.008
School Age Child Care
Licensure Requirements
Provided an additional exemption for afterschool programs
that already meet license exemption in 65C-22.008(2)(c)3 if
the program participates in the USDA Afterschool Meal
Program

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65C-22.008
School Age Child Care
All other changes in this section are the
same as the changes implemented in
65C-22.001 22.006 previously reviewed

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65C-22.009
Gold Seal Quality Care Program

Gold Seal Quality Care Provider Requirements

Clarification added under enforcement - The effective date of
a Gold Seal provider termination is the date of the
departments written notification to the provider

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65C-22.010
Enforcement
Definitions
The Child Care Facility Classification Summary, Form 5316
has been updated with new summaries to correspond with
new standards throughout Chapter 65C-22
The new form may be accessed via the department website
or the link provided.

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 Questions: