Florida Statute 402.301 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS

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F.S. 402.301

402.301 Child care facilities; legislative intent and declaration of purpose and policy.—It is the legislative intent to protect the health, safety, and well-being of the children of the state and to promote their emotional and intellectual development and care. Toward that end:

(1) It is the purpose of ss. 402.301-402.319 to establish statewide minimum standards for the care and protection of children in child care facilities, to ensure maintenance of these standards, and to approve county administration and enforcement to regulate conditions in such facilities through a program of licensing.

(2) It is the intent of the Legislature that all owners, operators, and child care personnel shall be of good moral character.

(3) It shall be the policy of the state to ensure protection of children and to encourage child care providers and parents to share responsibility for and to assist in the improvement of child care programs.

(4) It shall be the policy of the state to promote public and private employer initiatives to establish day care services for their employees.

(5) It is the further legislative intent that the freedom of religion of all citizens shall be inviolate. Nothing in ss. 402.301-402.319 shall give any governmental agency jurisdiction or authority to regulate, supervise, or in any way be involved in any Sunday School, Sabbath School, or religious services or any nursery service or other program conducted during religious or church services primarily for the convenience of those attending such services.

(6) It is further the intent that membership organizations affiliated with national organizations which do not provide child care, whose primary purpose is providing activities that contribute to the development of good character or good sportsmanship or to the education or cultural development of minors in this state, which charge only a nominal annual membership fee, which are not for profit, and which are certified by their national associations as being in compliance with the association’s minimum standards and procedures shall not be considered child care facilities. However, all personnel as defined in s. 402.302 of such membership organizations shall meet background screening requirements through the department pursuant to ss. 402.305 and 402.3055.

(7) It shall be the policy of the state to encourage child care providers to serve children with disabilities. When requested, the department shall provide technical assistance to parents and child care providers in order to facilitate serving children with disabilities.

History.—s. 1, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 1, ch. 84-551; s. 21, ch. 87-238; s. 1, ch. 91-300; ss. 1, 2, ch. 93-115; s. 74, ch. 96-175; s. 5, ch. 2015-79.

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F.S. 402.301 on Casetext

Amendments to 402.301

Arrestable Offenses / Crimes under Fla. Stat. 402.301

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.301.

Annotations, Discussions, Cases:

Cases Citing Statute 402.301

Total Results: 18

Mid Florida Community Services, Inc. v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-30T00:53:00-07:00

Snippet: shall not be subject to the provisions of ss. 402.301-402.319: ... 2. Programs for children

JOSEPH FOX v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-18T23:53:00-08:00

Snippet: emotional and intellectual development and care.” § 402.301, Fla. Stat. Toward that end, the legislature has…personnel shall be of good moral character.” § 402.301(2), Fla. Stat. Good moral character is based upon

Dept. of Children and Families v. Feliciano

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-27T23:53:00-08:00

Snippet: facilities.” Brown, 690 So. 2d at 644 (quoting § 402.301(1), Fla. Stat. (1995)) (Van Nortwick, J., dissenting

All Saints Early Learning & Community Care Center, Inc. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-28T00:00:00-07:00

Citation: 145 So. 3d 974, 2014 Fla. App. LEXIS 13389, 2014 WL 4242806

Snippet: appropriate child care options. . Section 402.301 provides in part: 402.301. Child care facilities; legislative… intended to impose a fine pursuant to section 402.301. All Saints requested a hearing for the purpose…carry out the legislative directive in section 402.301(l)(a) to establish standards addressing the health… Toward that end: (1) It is the purpose of ss. 402.301-402.319 to establish statewide minimum standards

Davis Family Day Care Home v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-17T00:00:00-07:00

Citation: 117 So. 3d 464, 2013 WL 3724769, 2013 Fla. App. LEXIS 11248

Snippet: sanctions for a violation of any provision of ss. 402.301-402.319, or the rules adopted thereunder: ... (

St. Michael's Academy v. State, Dcf

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-08T00:53:00-07:00

Citation: 965 So. 2d 169

Snippet: order") for alleged violations of section 402.301, et seq., Florida Statutes, and Chapter 65C-22,

Yeoman v. CILB

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-21T23:53:00-08:00

Citation: 919 So. 2d 542

Snippet: ), Fla. Stat. (2004) (nursing home license); § 402.301(2), Fla. Stat. (child-care facilities license);

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Court: Fla. Att'y Gen. | Date Filed: 2003-07-18T00:53:00-07:00

Snippet: residential use. Sections 402.301 — 402.319, Florida Statutes Sections 402.301 — 402.319…the following question: Do sections 166.0445 and 402.301-402.319, Florida Statutes, preempt local regulation…provides that "[i]t is the purpose of ss. 402.301 — 402.319 to establish statewide minimum… Licensing Act, it is my opinion that sections 402.301 — 402.319, Florida Statutes, are minimum…counties. 5 See, s. 402.302(7), Fla. Stat. 6 Section 402.301, Fla. Stat. 7 See, ss. 402.302(4) and 402.305(1

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Court: Fla. Att'y Gen. | Date Filed: 2003-04-30T00:53:00-07:00

Snippet: provision of health and human services. Sections 402.301 —402.319, Florida Statutes, operate &…day, for the violation of any provision of ss. 402.301 — 402.319 or rules adopted thereunder…standards in the county to the department. 2 Section 402.301(1), Fla. Stat. 3 Section 402.310(1)(a), Fla. Stat

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Court: Fla. Att'y Gen. | Date Filed: 2000-11-16T23:53:00-08:00

Snippet: Stat. 9 Section 402.301(1), Fla. Stat. 10 Section 402.301(5), Fla. Stat. 11 Section 402.301(6), Fla. Stat…which the questioned language was added to section 402.301, Florida Statutes, is entitled "An act relating

Brown v. DHRS

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-09T23:53:00-08:00

Citation: 690 So. 2d 641

Snippet: children in child day care facilities." § 402.301(1), Fla. Stat. (1995). This statute mandates that

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Court: Fla. Att'y Gen. | Date Filed: 1991-12-17T23:53:00-08:00

Snippet: family day care homes hall be licensed under ss. 402.301-402.319, F.S., if: 1) they are presently being

Calhoun v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-06T00:00:00-08:00

Citation: 500 So. 2d 674, 12 Fla. L. Weekly 197, 1987 Fla. App. LEXIS 6189

Snippet: healthful food. All standards established under ss. 402.301-402.319 shall be consistent with rules promulgated

Calhoun v. DEPT. OF HLT & REHAB. SERV

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-05T23:53:00-08:00

Citation: 500 So. 2d 674

Snippet: healthful food. All standards established under ss. 402.301-402.319 shall be consistent with rules promulgated

Anderson v. DEPT. OF H & R. SERVICES

Court: Fla. Dist. Ct. App. | Date Filed: 1986-01-20T23:53:00-08:00

Citation: 482 So. 2d 491

Snippet: regulated by sections 402.301-402.316, Florida Statutes (1983). Section 402.301 set forth the legislative…operate a child care facility regulated by sections 402.301-402.319, Florida Statutes (1985). The emergency… a child care facility established in sections 402.301 through 402.319, Florida Statutes, and chapter …day, for the violation of any provision of ss. 402.301-402.316 or rules adopted thereunder." § 402.310… 84-551, Laws of Florida. For example, section 402.301 was amended to make clear "the intent of the

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Court: Fla. Att'y Gen. | Date Filed: 1985-09-09T00:53:00-07:00

Snippet: Health and Rehabilitative Services pursuant to s. 402.301, et seq., Florida Statutes, as it may from time…time to time be amended or transferred. Sections 402.301-402.319, F.S., as amended by Chs. 84-551 and 85…quot;child care facility" for purposes of ss.402.301-402.319, F.S., as amended, as: any child care…child care facilit[ies]" for purposes of ss. 402.301-402.319, F.S., as amended. The term "integral…integral programs" is not defined within ss. 402.301-402.319, F.S., as amended, or Ch. 85-54, Laws of

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Court: Fla. Att'y Gen. | Date Filed: 1984-08-21T00:53:00-07:00

Snippet: under the police power. QUESTION ONE Sections 402.301-402.316, F.S., Florida's Child Care Licensing…facilities through a program of licensing. Section 402.301, F.S. The state minimum standards are designed …Florida) illustrates that the provisions of ss 402.301-402.316, F.S., relate specifically to the licensing…state minimum licensing standards; . . ."; s 402.301, F.S., stating that it is the legislative intent…actions for the violation of the provisions of ss 402.301-402.316, F.S., or the rules adopted thereunder

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Court: Fla. Att'y Gen. | Date Filed: 1979-02-21T23:53:00-08:00

Snippet: licensing standards promulgated pursuant to ss.402.301-402.316, F. S.? SUMMARY: Hillsborough County may… exemption must be clearly expressed. Sections 402.301-402.316, F. S., Florida's child-care licensing…studies. I conclude that the provisions of ss. 402.301-402.316, F. S., should not be applied to educational…express or implied, that the provisions of ss. 402.301-402.316, F. S., are to be applicable to the state…accomplishes that purpose; I can find no language in ss. 402.301-402.316, F. S., which would evince a legislative