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Florida Statute 402.301 - Full Text and Legal Analysis
Florida Statute 402.301 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS
View Entire Chapter
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.

F.S. 402.301 on Google Scholar

F.S. 402.301 on CourtListener

Amendments to 402.301


Annotations, Discussions, Cases:

Cases Citing Statute 402.301

Total Results: 12

Brown v. DHRS

690 So. 2d 641, 1997 WL 100898

District Court of Appeal of Florida | Filed: Mar 10, 1997 | Docket: 436297

Cited 9 times | Published

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

Anderson v. DEPT. OF H & R. SERVICES

482 So. 2d 491, 11 Fla. L. Weekly 246

District Court of Appeal of Florida | Filed: Jan 21, 1986 | Docket: 1769884

Cited 3 times | Published

402.301-402.316, Florida Statutes (1983). Section 402.301 set forth the legislative intent and declaration

St. Michael's Academy v. State, Dcf

965 So. 2d 169, 2007 WL 2274621

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1509031

Cited 2 times | Published

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

Yeoman v. CILB

919 So. 2d 542, 2005 WL 3487856

District Court of Appeal of Florida | Filed: Dec 22, 2005 | Docket: 1269000

Cited 1 times | Published

071(3), Fla. Stat. (2004) (nursing home license); § 402.301(2), Fla. Stat. (child-care facilities license);

JOSEPH FOX v. DEPARTMENT OF CHILDREN AND FAMILIES

262 So. 3d 782

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431896

Published

emotional and intellectual development and care.” § 402.301, Fla. Stat. Toward that end, the legislature has

Dept. of Children and Families v. Feliciano

259 So. 3d 957

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338747

Published

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

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

District Court of Appeal of Florida | Filed: Aug 28, 2014 | Docket: 60242792

Published

DCF intended to impose a fine pursuant to section 402.301. All Saints requested a hearing for the purpose

Ago

Florida Attorney General Reports | Filed: Jul 18, 2003 | Docket: 3256259

Published

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)(c)

Ago

Florida Attorney General Reports | Filed: Apr 30, 2003 | Docket: 3257681

Published

standards in the county to the department. 2 Section 402.301(1), Fla. Stat. 3 Section 402.310(1)(a), Fla

Ago

Florida Attorney General Reports | Filed: Nov 17, 2000 | Docket: 3258224

Published

which the questioned language was added to section 402.301, Florida Statutes, is entitled "An act relating

Forte v. Coler

725 F. Supp. 488, 1989 U.S. Dist. LEXIS 14419, 1989 WL 144335

District Court, M.D. Florida | Filed: May 22, 1989 | Docket: 1606774

Published

of church or parochial schools." In addition, § 402.301(5) provides "[i]t is the further legislative intent

Ago

Florida Attorney General Reports | Filed: Aug 21, 1984 | Docket: 3257467

Published

facilities through a program of licensing. Section 402.301, F.S. The state minimum standards are designed