Florida Statutes

Fla. Stat. § 402.301 (2025)

Child care facilities; legislative intent and declaration of purpose and policy.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 9 cases, 1986–2018 · leading case: Dept. of Child. & Families v. Feliciano, 259 So. 3d 957 (Fla. 3d DCA 2018).

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Dept. of Child. & Families v. Feliciano, 259 So. 3d 957 (Fla. 3d DCA 2018). · cites it 2× “2d at 644 (quoting § 402.301(1), Fla. Stat. (1995)) (Van Nortwick, J.”

Joseph Fox v. Dep't of Child. & Families, 262 So. 3d 782 (Fla. 4th DCA 2018). · cites it 4× “” § 402.301, Fla. Stat. Toward that end, the legislature has expressed that all “child care personnel shall be of good moral character.”

Brown v. DHRS, 690 So. 2d 641 (Fla. 1st DCA 1997). · cites it 2× “" § 402.301(1), Fla. Stat. (1995). This statute mandates that children in day care centers, an identifiable group which includes the appellants, are a protected class distinct from the public generally.”

Anderson v. Dept. of H & R. Servs., 482 So. 2d 491 (Fla. 1st DCA 1986). · cites it 2× “Section 402.301 set forth the legislative intent and declaration of purpose and policy to protect the health, safety, and well-being of the children of this state, to establish statewide minimum standards for the care and protection of children in child care facilities, and to…”

Yeoman v. CILB, 919 So. 2d 542 (Fla. 1st DCA 2005). · cites it 2× “(2004) (nursing home license); § 402.301(2), Fla. Stat. (child-care facilities license); § 468.”

St. Michael's Academy v. State, Dcf, 965 So. 2d 169 (Fla. 3d DCA 2007). “On March 25, 2007, the Department of Children and Families ("DCF") issued an Emergency Order of Suspension (the "order") for alleged violations of section 402.301, et seq., Florida Statutes, and Chapter 65C-22, Florida Administrative Code.”

All Saints Early Learning & Cmty. Care Ctr., Inc. v. Dep't of Child. & Families, 145 So. 3d 974 (Fla. 1st DCA 2014). · cites it 3× “281, Florida Statutes, and that DCF intended to impose a fine pursuant to section 402.301. All Saints requested a hearing for the purpose of presenting legal argument on the stipulated facts.”

Forte v. Coler, 725 F. Supp. 488 (M.D. Fla. 1989). · cites it 3× “That Statute exempts all Florida child care facilities which are an integral part of church or parochial schools from the Florida licensing standards contained in Florida Statutes §§ 402.301-402.319, and the administrative regulations promulgated thereunder.”

Florida Ass'n of Academic Nonpublic Schs. v. Dep't of Health & Rehabilitative Servs., 22 Fla. Supp. 2d 230 (Fla. Div. Admin. Hr'g 1986). “As to the specific legal authority under which the proposed rule is authorized, HRS cites, at the end of the proposed rule, as its rulemaking authority Section 402.301, Florida Statutes. That section is entitled “Child care facilities; legislative intent and declaration of…”

— 402.301(1) — 2 cases

Dept. of Child. & Families v. Feliciano, 259 So. 3d 957 (Fla. 3d DCA 2018). “2d at 644 (quoting § 402.301(1), Fla. Stat. (1995)) (Van Nortwick, J.”

Brown v. DHRS, 690 So. 2d 641 (Fla. 1st DCA 1997). “" § 402.301(1), Fla. Stat. (1995). This statute mandates that children in day care centers, an identifiable group which includes the appellants, are a protected class distinct from the public generally.”

— 402.301(2) — 2 cases

Yeoman v. CILB, 919 So. 2d 542 (Fla. 1st DCA 2005). “(2004) (nursing home license); § 402.301(2), Fla. Stat. (child-care facilities license); § 468.”

Joseph Fox v. Dep't of Child. & Families, 262 So. 3d 782 (Fla. 4th DCA 2018). “” § 402.301, Fla. Stat. Toward that end, the legislature has expressed that all “child care personnel shall be of good moral character.”

— 402.301(5) — 1 case

Forte v. Coler, 725 F. Supp. 488 (M.D. Fla. 1989). “That Statute exempts all Florida child care facilities which are an integral part of church or parochial schools from the Florida licensing standards contained in Florida Statutes §§ 402.301-402.319, and the administrative regulations promulgated thereunder.”

— 402.301(l)(a) — 1 case

All Saints Early Learning & Cmty. Care Ctr., Inc. v. Dep't of Child. & Families, 145 So. 3d 974 (Fla. 1st DCA 2014). “281, Florida Statutes, and that DCF intended to impose a fine pursuant to section 402.301. All Saints requested a hearing for the purpose of presenting legal argument on the stipulated facts.”

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