Default Style Register
Daycare.com Forum
Open Daycare Center - Sell a Daycare - Rent a Daycare - Buy a Daycare>Felony Theft - Can I Have Home Daycare In Florida?
Kyb824 02:17 PM 10-24-2015
I have a felony theft charge from five years ago... I completed probation and received adjudication withheld in the State of Florida. I would like to complete the coursework to open a daycare in home I was wondering if someone could give me more information on if that could be possible. I have gone through therapy I am a changed woman. I volunteer where I can with the felony. I am a caregiver for an elderly man with dementia for over a year now. Please help!!!!!!!!
Reply
Thriftylady 08:28 PM 10-24-2015
Here is the information that Daycare.com has posted on Florida licensing. You could always call and ask though.
Reply
Blackcat31 06:45 AM 10-25-2015
Originally Posted by Thriftylady:
Here is the information that Daycare.com has posted on Florida licensing. You could always call and ask though.
https://www.daycare.com/florida/
Reply
Thriftylady 07:28 AM 10-25-2015
ROFL thanks BC I must have been out of my mind visiting another world lol.
Reply
Michael 12:42 PM 10-25-2015
https://www.daycare.com/florida/flor...uirements.html

C-20.008Application.
(1) Application for a license or for renewal of a license to operate a family daycare home must be made on CF-FSP Form 5133, March 2009, Application for a License to Operate a Family Day Care Home, which is incorporated by reference. CF-FSP Form 5133 may be obtained from the department’s website at www.myflorida.com/childcare.

(2) A completed CF-FSP Form 5133 for renewal of an annual license must be submitted to the licensing authority at least 45 days prior to the expiration date of the current license to ensure that a lapse of licensure does not occur. Failure to submit a completed CF-FSP Form 5133 at least 45 days prior to the expiration date of the current license constitutes a licensing violation as defined in paragraph 65C-20.012(3)(d), F.A.C.

(3) A submitted CF-FSP Form 5133 will not be considered complete until the licensing authority receives proof of background screening clearance on the operator of the family daycare home, substitutes, and on all other household members who are subject to background screening pursuant to Section 402.313(3), F.S. If the designated substitute changes during the licensure year, prior to taking care of children, the new designated substitute for the operator must comply with background screening requirements and the licensing authority must receive proof of background screening clearances.

(a) Initial Screening includes all of the following:

1. Level 2 screening, which includes at a minimum Federal Bureau of Investigation (FBI), Florida Department of Law Enforcement (FDLE), and local criminal records checks. For the purpose of issuing a license, any out-of-state criminal offense, which if committed in Florida would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for licensing and screening purposes under this rule.

2. An employment history check for the operator and substitute(s) must include the previous two years of employment history, which shall include the applicant’s position description, confirmation of employment dates from previous job(s), and level of job performance.

3. CF Form 1649A, January 2007, Child Care Attestation of Good Moral Character,which is incorporated by reference, must be completed annually or in accordance with the local licensing agency compliance and must be maintained in the department’s licensing file. A copy of the CF Form1649A may be obtained from the department’s website at www.myflorida.com/childcare.

4. Initial screening submission and clearance documentation must be maintained in the department’s 3 licensing file.
(b) Re-screening: A screening conducted under this rule is valid for five years, at which time a statewide re-screen must be conducted.

1. The five year re-screen is required for the operator, household members and all substitutes.

2. The five year re-screen must include, at a minimum, a statewide criminal records checks through the FDLE and a local criminal records check.

3. CF Form 1649A, Child Care Attestation of Good Moral Character must be completed annually. A copy of the CF Form 1649A may be obtained from the department’s website at www.myflorida.com/childcare.

4. Documentation/clearance from the five year re-screening must be included in the department’s licensing file.
(c) An operator, substitute and all household members must be re-screened as outlined in Section 402.313, Florida Statutes following a break in operation of the family day care home that exceeds 90 days.
(d) If the operator takes a leave of absence, such as maternity leave, extended sick leave, etc., re-screening is not required unless the five year re-screen has come due during the leave of absence.

(4) The Department may issue a provisional license allowing a home to operate for a designated period of time while working to correct one or more licensing standard(s) not met, provided the operator is making adequate provisions to ensure the health and safety of the children in care. A provisional license may not be issued as the initial license and is a not a disciplinary sanction.

(5) CF-FSP Form 5337, March 2009, Child Abuse & Neglect Reporting Requirements, which is incorporated by reference, must be signed annually by the operator and substitute(s). A copy of the CF-FSP Form 5337 may be obtained from the department’s website at www.myflorida.com/childcare.

RuleMaking Authority 402.309, 402.313 FS.
Law Implemented 402.302(13), 402.309, 402.313 FS.
History–New 7-2-98,
Amended 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10.

Reply
Laurel 01:03 PM 10-25-2015
Originally Posted by Kyb824:
I have a felony theft charge from five years ago... I completed probation and received adjudication withheld in the State of Florida. I would like to complete the coursework to open a daycare in home I was wondering if someone could give me more information on if that could be possible. I have gone through therapy I am a changed woman. I volunteer where I can with the felony. I am a caregiver for an elderly man with dementia for over a year now. Please help!!!!!!!!
I am in Florida and it is hard to say because some counties require you to be licensed and some only registered. Also in my county, which requires licensing, you can still watch one child (or 2 if they are siblings) without a license at all. So I think a lot would have to do with the county you are in.

In my licensed county my son lived with me and had a drug offense on his record. When his background check came back, he went for a hearing in our county. They said he could live in the house but not care for children. A provider I knew also had a son that lived with her and he could not live in the home with a theft charge. So a lot depends on the hearing also.

I know this isn't exactly your situation but I think there are variables so it would be your best bet to call or visit in person and find out. I'd ask to speak to a supervisor. I'd probably go in person too because one person on the phone can tell you one thing and another person will tell you another.

Laurel
Reply
Unregistered 12:43 AM 08-06-2017
Hey. I wish i had an answer for you but im in the same boat as you. Except its me that got arrested for felony drug poss but it got adjudicated withheld. Same as my live in fiance. Ive been up all night searching google to get an answer and im still unclear. All ive read ia if you have a drug felony its a no but i wasnt convicted so idk. I hope i can still proceed cause like an idiot i already invested so much time and money into this before i did my homework to see if i could even do it.

I do see this post was from 2015. Did you ever open your daycare in fl? What county are you in im in pinellas.
Reply
Unregistered 01:10 AM 08-06-2017
This was a good read. Makes me think i should have nothing to worry about. If i get denied i will fight it as well. Hope you were able to do your daycare!!
Reply
Tags:felony, florida licensing
Reply Up