Serious Violations of Floirda Child Care Licensing Law Could Have Same Penalty as Littering

On March 16, 2009 The Florida Department of Children and Families received a complaint that a child was left unattended at the Miami Shores Baptist Academy's playground across the street. While the investigation was ongoing, the complaint says, the parent of a child who attended the day care told a DCF caseworker that another child had been left unsupervised at the playground.

In response to the March 16 report, which DCF verified, the agency fined the academy $100 for a ``Class 1'' violation of child-care licensing rules; ``the most serious'' violations under state rules, the complaint says. Class 1 violations involve behavior that poses ``an imminent threat to a child,'' the complaint states.’

The mere fine of $100 for this seems completely unreasonable and I had to look up the rule myself because I could not believe it.

Chapter 65C-22.010 of the Florida Administrative Code discusses Class I violations.

Under(2)(d)(1)(a) the Disciplinary Sanction code states:

For the first and second Class I violation, the department shall issue an administrative complaint imposing a fine not less than $100 nor more than $500 per day for each violation and may impose other
disciplinary sanctions in addition to the fine. (2) (d)(1)(a)Disciplinary Sanctions.

Class I Violations.

For the first and second Class I violation, the department shall issue an administrative complaint imposing a fine not less than $100 nor more than $500 per day for each violation and may impose other disciplinary sanctions in addition to the fine.

The specific authority can be found in the following sections of the Florida Statutes: 402.305,402.310

So for the first two violations, a fine of merely $100 could be the sole penalty.

However, under FS 402.312 the State can get injunctive relief to close the facility:

(2) Other grounds for seeking an injunction to close a child care facility, family day care home, or a large family child care home are that:

(a) There is any violation of the standards applied under ss. 402.301-402.319 which threatens harm to any child in the child care facility, a family day care home, or large family child care home.

Thus, if the state essentially decides not to close the facility under the statute, the penalty for a ‘serious’ violation of child care licensing is the removal of the ‘Gold Seal’ designation which can later be restored and as little as a $100 fine.

That is what happened in this instance.

For comparison, In Pasco County, FL the fine for a non moving violation is $114.00. Throwing a piece of tissue of our your carcould earn you the same fine as a serious violation of child care licensining law.