§ 18-76. Personnel.

(a)

General requirements. No person shall be an operator of or be employed in a child care facility who has been convicted of a crime involving child neglect or child abuse or who is a habitually excessive user of alcohol or who illegally uses narcotics or other impairing drugs or who is mentally retarded or mentally ill to an extent that may be injurious to children.

(b)

Minimum age requirements.

(1)

Operator. The operator of a child care facility must be at least 18 years of age. In the absence of the operator there must be a person of legal age in charge of the facility and on the premises at all times.

(2)

Staff. Other staff must be at least 16 years of age.

(c)

Health examinations.

(1)

Staff.

a.

Within 30 days after employment, a statement shall be on file from a licensed physician or authorized agent of a county health department in the state attesting that the staff member is physically qualified to care for children and is free of tuberculosis as indicated by an approved skin test or X-ray administered within the preceding six months. Evidence of freedom from tuberculosis shall be provided annually.

b.

Physical examinations shall be renewed every two years.

(2)

Household members.

a.

If the child care program is conducted in a private home, each member of the household shall be subject to the same health requirements as staff and volunteers.

b.

Reports of such examinations shall be on file at the facility.

(d)

Training in first aid. At least one adult staff member who has a valid certificate of completion of a Red Cross Standard First-Aid Multimedia Course or its equivalent specifically directed to child care needs or who is currently receiving such training shall be on the premises at all times that children are present in the facility.

(e)

Ratios of personnel to children.

(1)

Generally.

a.

The following staff ratio is based on direct supervision of children:

Age of Children	Ratio
Under 1 year	1 person for 6 children
1 year	1 person for 8 children
2 years	1 person for 12 children
3 years	1 person for 15 children
4 years	1 person for 20 children
5 years or older	1 person for 25 children

 

b.

In groups of mixed age ranges where infants are included, one person shall not be responsible for more than six children of any age group. Where infants are not included, the staff ratio shall be based on the age of the majority of children in the group.

c.

There shall be an arrangement for another adult to be readily available to substitute for the adult in charge in case of emergency.

d.

If both nonhandicapped and handicapped children are served, it may be necessary for the operator to make an adjustment in the staff ratio to ensure adequate and proper care of the handicapped child.

(2)

Facilities serving only handicapped or disabled children.

a.

The following staff ratio is based on direct supervision of handicapped or disabled children:

Age of Children	Ratio
Under 2 years	1 person for 4 children
2 years	1 person for 6 children
3 years	1 person for 8 children
4 years	1 person for 10 children
5 years and older	1 person for 14 children

 

b.

Depending on the severity of the handicaps or disabling conditions of the children in care, additional staff shall be required to ensure the safety of children at all times.

c.

In groups of mixed age ranges where infants are included, one person shall not be responsible for more than four children of any age group. Where infants are not included, the staff ratio shall be based on the age of the majority of children in the group.

d.

There shall be an arrangement for another adult to be readily available to substitute for the adult in charge in case of emergency.

(f)

Substitutes. In the absence of regular staff members, there shall be similarly qualified substitutes, except in actual emergencies of a temporary, nonrecurring nature. A person may serve as a temporary replacement for a staff member for not more than three days on a nonrecurring basis without meeting the requirements of health examinations and training in first aid.

(g)

Volunteers. Volunteers who assist on a regular (weekly) basis and who have direct physical contact with children must meet the tuberculin examination requirements of staff members. Volunteers who meet the health and age requirements of staff members may be counted in the staff ratio.

(Code 1958, § 8A-2, ch. 8, exhibit A, § 2)

State law reference

Personnel, F.S. § 402.305(2).