Minutes - Pinellas County Health Department

PINELLAS COUNTY LICENSE BOARD FOR CHILDREN'S CENTERS 

AND FAMILY DAY CARE HOMES 

Minutes for Public Hearing and Regular Board Meeting for 

November 2, 2005 

APPROVED MINUTES 

The Public Hearing and Regular Board Meeting of the Pinellas County License Board for 

Children's Centers and Family Day Care Homes convened Wednesday, November 2, 2005, at 

6698 68 th Avenue North, Pinellas Park beginning at 1:30 p.m. 

Board Members Present: 

Richard J. French, Jr., Chairman; Barbara Backus; Terri 

Hajian, Commissioner Latvala (arrived after the Public 

Hearing), Donna Rippley, Secretary; Ben F. Shirley, Jr.; 

Joseph A. Smith 

Board Members Absent: 

Advisory Members Present: 

Advisory Members Absent: 

County Attorneys Present: 

Staff Members Present: 

Call to order: 

Debra Ballinger, Ann Hofmeister, Judy Macdonald, June 

Moody (following Board Approval) and Denise Roach 

Bette Ra Ivey and Virginia Rowell 

Ramona Giasi and Christy Pemberton 

Linda Tamanini, Executive Director; Kathy Mulrennan, 

Program Manager Children’s Centers; Jewel Waiters, Program 

Manager Family Day Care Homes; Dana Stajkowski, 

Recording Secretary; Marianne Czarnatowicz, Office 

Administrator; and other agency staff 

The Public Hearing was called to order at 1:30 p.m. 

Board and Advisory Committee members heard public comments regarding staff 

recommendations, which were first presented at the August 3, 2005 Board Meeting, to 

increase/supplement requirements in Licensing Regulations Governing Pinellas County Family 

Day Care Homes and Large Family Child Care Homes. 

Each of the speakers who addressed the Board and Advisory Committee members, disagreed 

with the intent of Family Day Care Home Recommendation #2 which is to eliminate access by 

anyone to the provider’s pool when children are in care (see attached mailing to Family Day 

Care Home Providers). Comments from the three speakers included requests for the 

providers’ children and/or adult family members to have access to the pool when children are in 

care. Anne Brooks suggested stricter enforcement and negative sanctions for providers with 

noncompliances. 

Board and Advisory Committee members also received written responses for the Public 

Hearing that were included in the November Board report and are also attached. 

Those addressing the Board were: Family Day Care Home Providers – Dawn Porcelli, 5685 

31 st Avenue North, St. Petersburg; Anne Brooks, 2801 Dovewood Street, Clearwater; and 

parent/advocate – Beth Kelser, 6719 121 st Street North, Seminole.

MINUTES - NOVEMBER 2, 2005 

There were no comments from the public regarding staff recommendations to 

increase/supplement requirements in Licensing Regulations Governing Pinellas County 

Children’s Centers and Licensing Regulations Governing Pinellas County Specialized 

Children’s Centers for Mildly Ill Children that were first presented to Board and Advisory 

Committee members at the August 3, 2005 Board Meeting (see attached mailing to Children’s 

Center Owners and Directors). 

There being no other requests from the public to address the Board and Advisory Committee 

members regarding Public Hearing issues, the Public Hearing adjourned. 

Call to Order: 

The Regular Board meeting began at 1:50 p.m. 

(Commissioner Latvala arrived.) 

Agenda: 

Minutes: 

The agenda was amended by moving D and G to the 

beginning of II. Action Items. The agenda was accepted as 

amended. 

A motion was made by Joseph Smith to approve the minutes 

from the regular meeting of August 3, 2005. Motion adopted. 

Presentation: 

Mary Louise Roberts requested the Pinellas County adult to 

child ratios be decreased to parallel the state of Florida adult 

to child ratios. Board responded by reporting to Ms. Roberts 

that the issue of changing the Pinellas County adult to child 

ratios was addressed by Board in 2001, but that Board is 

always open to receiving new data. 

II. Action Items 

D. Attorney Ramona Giasi represents Board. 

Motion: 

A motion was made by Commissioner Latvala to approve 

staff’s recommendation for June Moody to fill the Advisory 

Committee position from November 2005 to November 2008 

representing family day care homes. Motion adopted. (Ms. 

Moody joined Advisory Committee Members at the table.) 

G. Attorney Ramona Giasi represents Board. 

Attorney for Janie Banks, Roger Futerman, distributed a 

second Petitioner’s Exception to the Findings of Fact and 

Recommendations of Hearing Officer to: PCLB Attorney, 

Christy Donovan Pemberton (who represented PCLB during 

the Janie Banks hearing), Ramona Giasi, attorney for the 

Board at the November 2 nd meeting, to Board and Advisory 

Committee members and staff. 

Mr. Futerman filed the first Petitioner’s Exceptions within the 

15 day period following the hearing officer’s findings, but did 

not follow procedure of citing to the Hearing Officer’s 

Recommended Order. 

Motion: 

Following comments from both Attorney Roger Futerman and 

Attorney Christy Donovan Pemberton, a motion was made by 

Joseph Smith and seconded by Ben Shirley to proceed without 

exceptions. One no vote from Commissioner Latvala. Motion 

adopted. 

2


Motion: 

A motion was made by Ben Shirley and seconded by Barbara 

Backus to accept the Recommended Order. Discussion 

followed. One no vote from Commissioner Latvala. Motion 

adopted. 

H. Attorney Ramona Giasi represents Board. 

Motion: 

E. 

Motion: 

F. 

Motion: 

I. 

Motion: 

J. 

Motion: 

K. 1. 

Motion: 

K. 2. 

Motion: 

A motion was made by Ben Shirley and seconded by Terri 

Hajian to approve staff’s recommendation to revoke the 

license of Mary Tyler to operate a family day care home. 

Motion adopted. 

A motion was made by Ben Shirley to approve the Rules of 

Procedure for the Board’s hearing process. Motion adopted. 

A motion was made by Commissioner Latvala to approve 

staff’s recommendation to reduce LB assets. Motion adopted. 

A motion was made by Barbara Backus to approve staff’s 

recommendation for a Board Policy to include a charge for 

copying Board Reports for distribution to anyone other than 

Board, Advisory, Attorney, and funding agencies. Motion 

adopted. 

A motion was made by Barbara Backus to approve staff’s 

recommendation to add to the face of the family day care 

home license: 

• The hours and the days of operation as listed on the 

new or renewal application and 

• A statement to inform the public that if the home is 

closed, the provider may not be subject to Licensing 

Regulations. 


A motion was made by Donna Rippley to approve staff’s 

recommendation for a variance for the location of the 

playground for Pinellas County Head Start/Early Head Start 

Rainbow Village Center contingent on an agreement between 

Head Start Child Development and Family Services, Inc. and 

Pinellas County. Motion adopted. 

A motion was made by Joseph Smith to approve staff’s 

recommendation for a variance for the location of the 

playground for Sanderlin Head Start Center contingent on the 

continuation of the agreement between Head Start Child 

Development and Family Services, Inc. and the City of 

Clearwater. Motion adopted. 

A. 1. Ms. Tamanini reported that Maryad Preschool and Daycare, 

Largo, was added therefore recommending 7 new Children’s 

Centers for Regular Licenses. 

Motion: 

A motion was made by Terri Hajian that 7 new Children’s 

Centers be approved for Regular Licenses. Motion adopted. 

3


II.A. 2. 

Motion: 

(There were no new Children’s Centers recommended for a 

Provisional License.) 

A. 3. 

Motion: 

(There were no new Children’s Centers recommended for a 

Probationary-Provisional License.) 

A. 4. Ms. Tamanini reported that Claudine Cox, St. Petersburg, was 

added therefore recommending 14 new Family Day Care 

Homes for Regular Licenses. 

Motion: 

A motion was made by Commission Latvala that 14 new 

Family Day Care Homes be approved for Regular Licenses. 


A. 5. Ms. Tamanini reported that for Gloria Bonet, Largo, Provider 

Screening was deleted from the Reason column. 

Motion: 

A motion was made by Commissioner Latvala that 2 new 

Family Day Care Homes be approved for Provisional 

Licenses. Motion adopted. 

A. 6. 

Motion: 

(There were no new Family Day Care Homes recommended 

for a Probationary-Provisional License.) 

B. 1. Ms. Tamanini reported that Bethel Community Christian 

School, St. Petersburg, and Community Pride Frances R. 

Breeden Center, Clearwater, were added and that Little Lambs 

Christian Preschool, Seminole, was deleted therefore 

recommending 9 License Changes for Children's Centers for 

Regular Licenses. 

Motion: 

A motion was made by Joseph Smith that 9 License Changes 

for Children's Centers be approved for Regular Licenses. 


B. 2. Ms. Tamanini reported that Bethel Community Christian 

School, St. Petersburg, was deleted and that Little Lambs 

Christian Preschool, Seminole, was added therefore 

recommending 1 License Change for Children’s Centers be 

approved for a Provisional License. 

Motion: 

A motion was made by Commissioner Latvala that 1 License 

Change for Children’s Centers be approved for a Provisional 

License. Motion adopted. 

B. 3. 

Motion: 

B.4. 

(There were no License Changes for Children’s Centers 

recommended for a Probationary-Provisional License.) 

Ms. Tamanini reported that Tergina Oliver, St. Petersburg, and 

Mitzi Webb, Largo, were added therefore recommending 5 

License Changes for Family Day Care Homes be approved for 

Regular Licenses. 

4


II. Motion: 

A motion was made by Commissioner Latvala that 5 License 

Changes for Family Day Care Homes be approved for Regular 

Licenses. Motion adopted. 

B. 5. Ms. Tamanini reported that Tergina Oliver, St. Petersburg, and 

Mitzi Webb, Largo, were deleted therefore recommending no 

License Changes for Family Day Care Homes recommended 

for a Provisional License. 

Motion: 

(There were no License Changes for Family Day Care Homes 

recommended for a Provisional License.) 

III. I. 

B. 6. 

Motion: 

C. 

Motion: 

(There were no License Changes for Family Day Care Homes 

recommended for a Probationary-Provisional License.) 

(There were no Children's Centers recommended as a 

Religious Exempt Center.) 

Ms. Tamanini reported that Argonauta Christian School 

received their fine on August 30, 2005 instead of September 

19, 2005. 

K. Following the Infant Care Update and subsequent report on 

available infant slots from Coordinated Child Care’s Resource 

and Referral, which stated there were over 1,000 slots 

available for infants, June Moody made the following 

comment: 

Ms. Moody reported to Board: 

• that she personally knew that the R&R numbers were 

incorrect for available infant slots 

• that providers, being concerned about how quickly 

R&R adds the provider’s name to the vacancy list, had 

reported to her that they leave their name on the R&R 

vacancy list even when they are not looking for 

children. 

Board, Advisory and staff agreed that providers are distorting 

the county’s figures for available infant slots and this may have 

far reaching effects. Donna Rippley reported that these 

figures are used for grant requests for county services for 

children and for other county needs. Board members were 

concerned that they cannot make correct decisions based on 

inflated vacancy numbers for infant slots. 

Board requested that June Moody notify the providers in 

Pinellas County to remove their name from the R&R vacancy 

list when they are no longer looking for children and that Ms. 

Moody call R&R for their procedures for adding providers’ 

names to the vacancy list and to give that information to 

providers. 

5


III. K. continued 

Ms. Tamanini reported that from now until the next Board 

meeting in February that staff will count infant vacancies while 

monitoring family day care homes. 

P. Ms. Tamanini reported that the Budget Revenue & Expense 

Report will be emailed to Board and Advisory members when 

it is received from JWB Finance. 

Citizen Comment: 


Staff Response: 


Staff Response: 

Anne Brooks reported that all her questions were answered 

during the Board meeting. Ms. Brooks suggested that request 

for copies of Board reports be noted on the license application. 

Shirley Lynn Gibson reported to the Board that providers don’t 

know the standards because they must refer to Chapter 402, 

65C-20, etc. She suggested that staff make one rule book for 

providers to follow that would have all the rules in one place. 

She cited inconsistencies in rules – for example: children used 

to be able to sleep on couches and now they cannot. Ms. 

Gibson also suggested that Board meetings be televised so 

that providers may watch the proceedings. 

Ms. Tamanini reported that staff mails to family day care home 

providers compilations of regulations that providers must 

follow in this county - Licensing Regulations Governing 

Pinellas County Family Day Care Homes and Large Family 

Child Care Homes - which includes reference to sources such 

as Chapter 402 and 10-M12, FAC. Ms. Tamanini also 

reported to Board and Advisory that one of the published 

meetings that was held to inform providers and answer their 

questions for new/changed standards was disrupted by a 

group of providers. 

Francine Creighton-Bey requested that she be considered for 

a Large Family Child Care Home. 

Ms. Tamanini reported that Ms. Creighton-Bey has not met the 

PCLB requirement of being a family day care home provider 

for two years. PCLB regulations must meet or exceed the 

State of Florida child care standards, therefore, the Board 

cannot act to decrease this rule. 

There being no other public comment, the meeting adjourned at 3:30 p.m. 

Respectfully submitted, 

__________________________ 

Donna Rippley, Secretary 

6

ATTACHMENT TO 11/2/05 MINUTES 

Written Response from Family Day Care Home Providers for 8/3/05 Public Hearing 

7



8



9



10



11

ATTACHMENT TO 11/2/05 MINUTES – CHILDREN’S CENTER LETTER 

Pinellas County License Board for 

Children’s Centers & Family Day Care Homes 

Our mission is to protect the health, safety, and mental development 

of children cared for in children’s centers and family day care homes in Pinellas County. 

Linda Tamanini, M.S., Executive Director 

Richard J. French Jr., Chairman 

M E M O R A N D U M 

TO: 

FROM: 

Children’s Center Owners and Directors 

Linda Tamanini, Executive Director 

Kathy Mulrennan, Program Manager 

DATE: August 29, 2005 

SUBJECT: I. New Edition of Licensing Regulations and updated Licensing Regulations and 

Resources for Pinellas County Children’s Centers 

II. Public Hearing to Address Additional Increases in Minimum Standards 

III. Decreases in Minimum Standards Approved by the License Board 

IV. Formal Educational Qualifications 

I. New Edition of Licensing Regulations. 

Enclosed is your new edition of Licensing Regulations Governing Pinellas County Children’s 

Centers approved by the License Board on August 3, 2005. The implementation date for the 

new/increased standards is October 1, 2005. Also included are updated sections for your Licensing 

Regulations and Resources manual. Please discard and replace with the enclosed all sections of 

the manual except the Addendum section. 

Your licensing specialist has sent a letter informing you of meetings scheduled to discuss any 

questions you may have regarding the regulations. 

You may request a copy of the new edition of Licensing Regulations Governing Pinellas County 

Specialized Children’s Centers for Mildly Ill Children. 

II. Proposed increases. 

The October 1, 2005 edition of Licensing Regulations also includes proposed increases to meet 

state rules which appear as shaded text. Staff recommendations to increase/supplement 

requirements are underscored and are included separately for your convenience. 

A public hearing will be held for the Board to receive comments, if any, on the proposed increases. 

Public Hearing 

Wednesday, November 2, 2005, 1:30 – 1:45 p.m. or until all comments are heard 

Conference Room B, JWB building, 6698 68 th Avenue North, Pinellas Park 

Attendance is not required. If you wish to make a comment but cannot attend the public hearing, 

you may submit written comments by October 17, 2005 to: 

Dana Stajkowski, 6698 68 th Avenue North, Pinellas Park, FL 33781 

12


III. Approved Decreases. 

The Board also approved decreases to minimum standards. Decreases listed on pages 5 and 6 

became effective August 3, 2005. 

IV. Formal Educational Qualifications. 

PCLB received the following notification from the Department of Children and Family Services, 

Child Care Services unit: 

“The Voluntary Pre-Kindergarten legislation authorized the Department of Education to approve 

educational credentials for VPK instructors which are equivalent to or greater then the prescribed 

bachelor’s or associate’s degrees outlined on the Child Care Personnel Education and Employment 

History Verification Form (CF-FSP 5211). The State Board of Education, on June 21, 2005 

approved the following degrees: 

- Associate’s Degrees in Early Childhood Education 

- Bachelor’s (or Higher) Degrees in: 

Exceptional Student Education 

Special Education 

Mental Disabilities 

Specific Learning disabilities 

Physically Impaired 

Varying Exceptionalities 

Emotional disabilities 

Visually Impaired 

Hearing Impaired 

Speech-Language Pathology 

Beginning immediately, the Department of Children and Families, in order to align licensing staff 

credentials with VPK instructor credentials will process the above degrees as Formal Education 

Qualifications on the CF-FSP 5211. As Department of Education determines other qualifying 

degrees for VPK instructors, this policy will be updated. These changes will be incorporated into 

the next revisions of Chapter 65C-22, Florida Administrative Code.” 

Included in this mailing: 

1. New Edition of Licensing Regulations Governing Pinellas County Children’s Centers 10/1/2005 

2. Updated sections of Licensing Regulations and Resources for Pinellas County Children’s Centers 

3. Staff recommendations to increase/supplement regulations approved by the Board, along with the 

Findings of Necessity, and implementation dates 

4. A copy of Section 5 from Chapter 61-2681, amended by Chapter 70-893, Laws of Florida 

5. A list of decreases made to current regulations. These decreases became effective on August 3, 

2005. 

13


Staff Recommendations to increase/supplement regulations: 

Following are the proposed increases in minimum standards. Words that are stricken are to be 

deleted; words underscored are additions. 

Recommendation #1 – Recommendation to increase minimum standards for General 

qualifications. Personnel in children’s centers for regulations governing children’s centers and 

specialized children’s centers for mildly-ill children 

IV. PERONNEL 

A. General Qualifications 

3. (mildly-ill regulations) 

I. PERSONNEL (children’s center regulations) 

A. General qualifications. Personnel in children’s centers: 

3. Shall be free from the influence of drugs which impairs their ability whether narcotic or nonnarcotic 

or under and be free from the influence of alcohol. which impairs their ability 

Finding of Necessity: 

The rewording clarifies the intent of the standard and eliminates the possibility of an argument that one 

drink would not impair a caregiver’s ability. 

Reference: Chapter 61-2681, amended by Chapter 70-893, Laws of Florida, Section 6. (1) GENERAL 

QUALIFICATIONS 

Implementation Date: February 1, 2006 

Recommendation #2 – Recommendation to increase minimum standards for Building for 

regulations governing children’s centers 

VI. PHYSICAL ENVIRONMENT 

A. Building 

1. The building to be used for housing children in a children’s center shall conform to the 

building, electrical, and zoning codes of the local authority within whose jurisdiction the 

children’s center is located. It shall conform to the fire regulations of the local fire authority 

within whose jurisdiction the children’s center is located or to the public school fire code 

(Chapter 6A-2 F.A.C.) if licensed program is operated in a public school. Any costs required 

to be paid to procure such inspection and the appropriate certification shall be paid by the 

applicant directly to the inspecting authority. 


The word “zoning” was added sometime in the past. Chapter 61-2681, amended by Chapter 70-893, 

Laws of Florida, states only “codes”. The generic term “codes” is more inclusive as it means any codes 

of local authorities. 

Reference: Chapter 61-2681, amended by Chapter 70-893, Laws of Florida, Section 8. (1) BUILDING. 


14


Recommendation #3 – Recommendation to increase minimum standards for Sanitation and 

Safety for regulations governing specialized children’s centers for mildly-ill children 

VIII. PHYSICAL ENVIRONMENT 

B. Sanitation and Safety 

10. No firearms or weapons as defined in Section 790.001, F.S., shall be allowed within any 

building or conveyance, or upon any person located on the premises, excluding federal, 

state or local law enforcement officers. shall be kept on the premises. 


The wording parallels the standard for all children’s centers and ensures that firearms are not kept on 

the premises. It also ensure that weapons can not be carried onto the premises, except for law 

enforcement officers. 

Reference: Chapter 61-2681, amended by Chapter 70-893, Laws of Florida, Section 1. Purpose. 


Chapter 61-2681, Amended by Chapter 70-893, Laws of Florida, states: 

Section 5. Rules and Regulations. The license board shall have the power and duty to 

promulgate and adopt rules and regulations for the purposes of administering and enforcing 

minimum standards prescribed in this act. In the event the license board determines it reasonable 

to decrease the requirements of any particular standard, it may do so by the action of the board 

only. In the event the license board determines that there is a reasonable necessity to 

supplement or increase any standard, it may do so according to the following procedure: 

1. There shall be a finding of necessity, not merely desirability. 

2. There must be a notice of the finding, the old standard, the proposed new standard, the 

reason for the change and a hearing date mailed to all licensees. 

3. There must be a hearing at which all affected persons are given an opportunity to present 

their views. 

4. The proposed new standard may not be considered again by the board until a meeting at least 

ninety (90) days after the hearing, at which time, if approved by five-sevenths (5/7) of the 

membership of the board, it shall be adopted. 

5. Any new standard must provide that it shall not become effective for a particular period of time 

specified in it, which is reasonable considering the particular standard involved. 

6. . . . 

7. After the meeting approving the standard, within thirty (30) days, notice of the new standard 

and the effective date of it shall be mailed to all members. 

15


Decreases made to current regulations, effective date August 3, 2005: 

Words stricken are deleted; words underscored are additions; words shaded meet new state standards 

or rules. 

Decrease in minimum standards for Bathroom Facilities for regulations governing children’s 

centers and Toilet and Bath Facilities for regulations governing specialized children’s centers 

for mildly-ill children 

(children’s center regulations) 


F. Bathroom Facilities 

2. For children’s centers, having one (1) to thirty-six (36) children, there shall be a minimum of 

two (2) toilets and two (2) wash basins. for the first eighteen (18) children. There shall be a 

minimum of one (1) toilet and one (1) wash basin for every eighteen (18) children thereafter. 

SA 6. For school-age centers, having one (1) to thirty (30) children, there shall be a minimum of 

two (2) toilets and two (2) wash basins. for the first fifteen (15) children.. There shall be one 

(1) toilet and one (1) wash basin for every thirty (30) thereafter. 

(mildly-ill regulations) 


I. Toilet and Bath Facilities 

2. For The children’s centers for mildly- ill children having one (1) to twenty (20) children, 

there shall be provide a minimum of two (2) toilets and two (2) wash basins. for the first 

ten children. There shall be a minimum of one (1) toilet and one (1) wash basin for every 

ten (10) children thereafter. 

Decrease in minimum standards for License Change for regulations governing children’s 

centers and specialized children’s centers for mildly-ill children 


X. APPLICATION, FEES, LICENSE 

F. License Change 

1. Application for change 

a. For the following, a children’s center application for a change of license is to be filed with 

appropriate fees: 

(1) Addition of owner 

(2) Addition/change of category(ies) 

(a) of/to day nursery 

(b) of/to nursery school 

(c) of/to kindergarten 

(d) of/to day nursery and nursery school or 

(e) of/to nursery school and kindergarten 

(f) of/to day nursery and kindergarten 

(g) to school age center 

(h) to school age center and day nursery 

Exception: deletion of category(ies) 

(3) Increase of capacity 

Exception: when capacity may be increased without additional staff, space, 

bathrooms, equipment. 

(4) Change of age limits 

Exception: when the change does not require additional staff, space or equipment. 

The addition of infant care requires a change of license application. 

16


F. License Change - continued 

b. The application for change of license is to be filed and approved before the change 

occurs. A temporary permit is issued when all requirements are met. The application for 

license change must be presented to the License Board for determination. It is not a 

renewal with the automatic issuance of license. 


II. GENERAL INFORMATION 

F. License Change 

1. Application for Change 

a. For the following, a children’s center application for a change of license is to be filed with 

appropriate fees: 

(1) Addition of owner 

(2) Increase of capacity 

Exception: when capacity may be increased without additional staff, space, 

bathrooms, or equipment. 

(3) Change of age limits 

Exception: When the change does not require additional staff, space, or equipment. 


occurs. A temporary permit is issued when all requirements are met. The application for 

license change must be presented to the License Board for determination. 

Decrease in minimum standards for Outdoor Play Space for regulations governing children’s 

centers and specialized children’s centers for mildly-ill children 



D. Outdoor Play Space 

Outdoor play space is required and must have safe access ingress and egress and be on the 

same parcel of land premises as the building housing the children’s center. 



F. Outdoor Play Space 

1. Child care facilities for mildly-ill children are not required to provide outdoor play space. 

2. Should a children’s center choose to provide outdoor play space, it shall be physically 

separated from that space provided for well children and must have safe access ingress 

and egress and be on the same parcel of land premises as the building housing the 

children’s centers. 

Decrease in minimum standards for General requirements for regulations governing children’s 

centers 

VII. SAFETY, HEALTH AND SANITATION 

A. General Requirements 

9. No firearms or weapons as defined in Section 790.001, F.S., shall be allowed within any 

building or conveyance, or upon any person located on the premises, excluding federal, 

state or local law enforcement officers. 

17

ATTACHMENT TO 11/2/05 MINUTES – FAMILY DAY CARE HOME LTR 

Pinellas County License Board for 

Children’s Centers & Family Day Care Homes 

Our mission is to protect the health, safety, and mental development 

of children cared for in children’s centers and family day care homes in Pinellas County. 

Linda Tamanini, M.S., Executive Director 

Richard J. French Jr., Chairman 

M E M O R A N D U M 

TO: 

FROM: 

Family Day Care Home and Large Family Child Care Home Providers 

Linda Tamanini, Executive Director 

Jewel Waiters, Program Manager 

DATE: August 29, 2005 

SUBJECT: I. New Edition of Licensing Regulations 

II. Public Hearing to Address Additional Increases in Minimum Standards 

III. Decreases in Minimum Standards Approved by the License Board 

I. New Edition of Licensing Regulations. 

Enclosed is your new edition of Licensing Regulations Governing Pinellas County Family Day Care 

Homes and Large Family Child Care Homes approved by the License Board on August 3, 2005. 

The implementation date for the new/increased standards is October 1, 2005. 

II. Proposed increases. 

The October 1, 2005 edition of Licensing Regulations also includes staff recommendations to 

increase/supplement requirements. They are also listed separately for your convenience. 

A public hearing will be held for the Board to receive comments, if any, on the proposed increases. 

Public Hearing 

Wednesday, November 2, 2005, 1:30 – 1:45 p.m. or until all comments are heard 

Conference Room B, JWB building, 6698 68 th Avenue North, Pinellas Park 

Attendance is not required. If you wish to make a comment but cannot attend the public hearing, 

you may submit written comments by October 17, 2005 to: 

Dana Stajkowski, 6698 68 th Avenue North, Pinellas Park, FL 33781 

III. Approved Decreases: 

The Board also approved decreases to minimum standards. Decreases listed on page 6 became 

effective August 3, 2005. 

Included in this mailing: 

1. New Edition of Licensing Regulations Governing Pinellas County Family Day Care Homes and 

Large Family Child Care Homes 10/1/2005 

2. Staff recommendations to increase/supplement regulations approved by the Board, along with the 

Findings of Necessity, and implementation dates 

3 A copy of Section 5 from Chapter 61-2681, amended by Chapter 70-893, Laws of Florida 

4. A list of decreases made to current regulations. These decreases became effective on August 3, 

2005. 

18

ATTACHMENT TO 11/2/05 MINUTES – FAMILY DAY CARE HOME LETTER 

Staff Recommendations to increase/supplement regulations: 

Following are the proposed increases in minimum standards. Words that are stricken are to be 

deleted; words underscored are additions; words highlighted are new regulations that meet the state 

standards or rule. 

Recommendation #1 – Recommendation to increase minimum standards for Rules for Pools 

Located at Family Day Care Homes and Large Family Child Care Homes for regulations 

governing family day care homes 

IV. Physical Plant Housing Family Day Care Homes 

E. Rules for Pools Located at Family Day Care Homes and Large Family Child Care Homes 

1. Fences and Locks 

a. . . . 

All doors or and gates in the fence or barrier shall be locked at all times when children 

are in care. In addition to the fence, barrier, or pool alarm, the family day care home 

operator shall ensure that all exterior doors egress and ingress leading to the pool, spa, 

or hot tub area remain locked at all times while children are in care. 

Rationale: 

The intent of the standard is to ensure that all potential routes to the pool/spa are locked, including 

windows, “doggy doors”, and pass-through openings. 

Reference: Chapter 61-2681, amended by Chapter 70-893, Laws of Florida, Section 9. (3) (c) Outdoor 

play space. 


Recommendation #2 – Recommendation to increase minimum standards for Rules for Pools 

Located at Family Day Care Homes and Large Family Child Care Homes for regulations 

governing family day care homes 

IV. Physical Plant Housing Family Day Care Homes 


4. Swimming pool and/or spa are off limits to all children, the provider, and other adults when 

children are in care. 

Rationale: 

A Board standard required a statement be placed on temporary permits and licenses stating that the 

pool/spa was off limits to children and the caregiver when children are in care. A more recent standard 

prohibited children in care from using the pool/spa, but household children and adults were allowed to 

use the pool during hours when child care children were present. 

Fines have been imposed in the past for household members leaving doors or gates leading to the 

pool/spa unlocked. 

The recent near drowning of a child in a family day care home involved a household child using the 

pool (along with lack of supervision). 

19


Recommendation #2 – continued 

Staff recognizes family child care takes place in the home of the provider and her household members. 

Once licensed, this home also becomes a place of business with one of the purposes being to protect 

the children in care. 

Our law has addressed the need to protect children from the “attractive hazards” of swimming pools 

since 1961. Almost 40 years before play yard fencing was required, pools were required to be 

enclosed, with high locks on doors leading to the pool. 

Reference: Chapter 61-2681, amended by Chapter 70-893, Laws of Florida, Section 9. (3) (c) Outdoor 

play space. 


Recommendation #3 – Recommendation to increase minimum standards for Fines for 

regulations governing large family child care homes 

VIII. Fines 

VIII. Enforcement 

A. Large family child care homes shall meet all requirements in Licensing Regulations Governing 

Pinellas County Family Day Care Homes in addition to the requirements listed herein. 

B. Large Family Child Care Homes will be subject to the same policies and procedures found in 

Section XIII. ENFORCEMENT OF FAMILY DAY CARE HOMES. 

C. The Pinellas County License Board may impose an administrative fine, not to exceed $1,000, 

for failure to comply with licensure requirements. 

Rationale: 

This standard clarifies that the Enforcement process is the same for large family child care homes as 

for family day care homes. 

Reference: Chapter 61-2681, amended by Chapter 70-893, Laws of Florida, Section 15. Refusal of 

license; revocation; notice, hearing. 


20


Recommendation #4 – Recommendation to increase minimum standards for License Required; 

Injunctive Relief for regulations governing family day care homes 

XIII. ENFORCEMENT OF FAMILY DAY CARE HOMES 

J. License Required; Injunctive Relief 

1. The operation of a family day care home without a license or a large family child care 

home without a license is prohibited. If the License Board discovers that a family day care 

home is being operated without a license, or a large family child care home is being 

operated without a license, the License Board is authorized to seek an injunction injunctive 

relief in the circuit court where the family day care home is located to stop enjoin continued 

operation of the family day care home or large family child care home that is not licensed. 

When the court is closed for the transaction of judicial business, the License Board is 

authorized to seek an emergency injunction to stop enjoin continued operation of such 

unlicensed family day care home, or unlicensed large family child care home, which 

injunction shall be continued, modified, or revoked on the next day of judicial business. 

For licensed family day care homes, the License Board shall also have the authority to 

seek an injunction in the circuit court where the home is located to stop the continued 

operation if the family day care home is in violation of the minimum standards. 

2. Other grounds for seeking an injunction to close a family day care home, or large family 

child care home are that: 

a. There is any violation of the standards applied under Licensing Regulations which 

threatens harm to any child in the a family day care home, or large family child care 

home. 

b. A licensee has repeatedly violated the standards provided for under Licensing 

Regulations. 

c. A family day care home, or large family child care home continues to have children in 

attendance after the closing date established by the License Board. 

3. An administrative fine may be imposed on any family day care home, or large family child 

care home operating without a license consistent with the provisions of Licensing 

Regulations XIII.I. 

Rationale: Contract compliance with the Department of Children and Family Services. 

Reference: Chapter 61-2681, amended by Chapter 70-893, Laws of Florida, Section 


21


Sections 5 from Chapter 61-2681, Amended by Chapter 70-893, Laws of Florida, states: 

Section 5. Rules and Regulations. The license board shall have the power and duty to 

promulgate and adopt rules and regulations for the purposes of administering and enforcing 

minimum standards prescribed in this act. In the event the license board determines it reasonable 

to decrease the requirements of any particular standard, it may do so by the action of the board 

only. In the event the license board determines that there is a reasonable necessity to 

supplement or increase any standard, it may do so according to the following procedure: 

8. There shall be a finding of necessity, not merely desirability. 

9. There must be a notice of the finding, the old standard, the proposed new standard, the 

reason for the change and a hearing date mailed to all licensees. 

10. There must be a hearing at which all affected persons are given an opportunity to present 

their views. 

11. The proposed new standard may not be considered again by the board until a meeting at least 

ninety (90) days after the hearing, at which time, if approved by five-sevenths (5/7) of the 

membership of the board, it shall be adopted. 

12. Any new standard must provide that it shall not become effective for a particular period of time 

specified in it, which is reasonable considering the particular standard involved. 

13. . . . 

14. After the meeting approving the standard, within thirty (30) days, notice of the new standard 

and the effective date of it shall be mailed to all members. 

22


Decreases made to current regulations; effective date of August 3, 2005: 

Words stricken are deleted; words underscored are additions. 

Decrease in minimum standards for General Qualifications. Personnel in Family Day Care 

Homes for regulations governing family day care homes 

I. PERSONNEL 

A. General Qualifications. Personnel in Family Day Care Homes. 

8. All family day care home operators, household members, employees, or substitutes shall be 

free from the influence of drugs which impairs their ability whether narcotic or non-narcotic. 

While children are in care, alcohol use is prohibited within the family day care home and all 

outdoor areas of the home. 

Decrease in minimum standards for Application for regulations governing family day care 

homes 

IX. APPLICATION, FEE, LICENSE 

A. Application 

5. Family Day Care Home Addition of Provider’s Name(s) 

a. Family day care home application for change of license is to be filed for an addition of a 

provider’s name(s). 


occurs even though this may be before the date of license expiration. A temporary 

permit is issued when all requirements are met. The application for license change must 

be presented to the License Board for determination. It is not a renewal with the 

automatic issuance of license. 

c. Every license is to be accompanied by a statement notifying the applicant that if any 

change is contemplated which would affect any information on the license, the applicant 

is responsible for notifying the License Board office to see if an application for a new 

license, an application for change of license, or a Request for License Change is 

required. 

Decrease in minimum standards for Rules for Pools Located at Family Day Care Homes and 

Large Family Child Care Homes for regulations governing family day care homes and large 

family child care homes 

IV. PHYSICAL PLANT HOUSING FAMILY DAY CARE HOMES 


4. Statement on Temporary Permit and License: Temporary permit and license shall include 

the applicable statement that follows: 

Swimming pool (or spa) is off limits to children and to caregiver when children are in care. 

23

Minutes - Pinellas County Health Department

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?