§ 26-32. 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 article. 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 90 days after the hearing, at which time, if approved by five-sevenths 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)

No rule or regulation shall require medical examination or immunization for admission to a children's center of a child whose parent or guardian files a letter with the operator stating that such medical examination and/or immunization is contrary to his or her religious beliefs, or provide for the exclusion of a child from the center because of parent or guardian having filed such a letter; provided however, that whenever there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child may be temporarily excluded from the center until the operator is satisfied that any contagious or infectious disease does not exist.

(7)

After the meeting approving the standard, within 30 days, notice of the new standard and the effective date of it shall be mailed to all members.

(Laws of Fla. ch. 61-2681, § 5)