Florida Statutes
Fla. Stat. § 402.309 (2025)
Provisional license or registration.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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402.309 Provisional license or registration.—
(1) The local licensing agency or the department, whichever is authorized to license child care facilities in a county, may issue a provisional license for child care facilities, family day care homes, or large family child care homes, or a provisional registration for family day care homes to applicants for an initial license or registration or to licensees or registrants seeking a renewal who are unable to meet all the standards provided for in ss. 402.301-402.319.
(2) A provisional license or registration may not be issued unless the operator or owner makes adequate provisions for the health and safety of the child. A provisional license may be issued for a child care facility if all of the screening materials have been timely submitted. A provisional license or registration may not be issued unless the child care facility, family day care home, or large family child care home is in compliance with the requirements for screening of child care personnel in ss. 402.305, 402.3055, 402.313, and 402.3131, respectively.
(3) Notwithstanding subsection (2), a local licensing agency or the department, whichever is authorized to license child care facilities in a county, must issue a provisional license or registration if the operator or owner:
(a) Is applying for an initial license or registration for a child care facility, a family day care home, or a large family child care home;
(b) Has made adequate provisions for the health and safety of the child; and
(c) Provides evidence that he or she has completed, within the previous 6 months, training pursuant to United States Department of Defense Instruction 6060.02 and background screening by the United States Department of Defense pursuant to 34 U.S.C. s. 20351 and 32 C.F.R. part 86 and received a favorable suitability and fitness determination.
(4) The provisional license or registration may not be issued for a period that exceeds 6 months; however, it may be renewed one time for a period that may not exceed 6 months under unusual circumstances beyond the control of the applicant.
(5) The provisional license or registration may be suspended or revoked if periodic inspection or review by the local licensing agency or the department indicates that insufficient progress has been made toward compliance.
(6) The department shall adopt rules specifying the conditions and procedures under which a provisional license or registration may be issued, suspended, or revoked.
History.—s. 9, 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. 8, ch. 84-551; s. 27, ch. 85-54; s. 26, ch. 87-238; ss. 1, 2, ch. 93-115; s. 7, ch. 2006-91; s. 1, ch. 2023-249.
Notes of Decisions
Cited in 3
cases, 2013–2017 · leading case: Genuinely Loving Childcare, LLC v. Bre Mariner Conway Crossings, LLC, 209 So. 3d 622 (Fla. 5th DCA 2017).
Genuinely Loving Childcare, LLC v. Bre Mariner Conway Crossings, LLC, 209 So. 3d 622 (Fla. 5th DCA 2017). “§ 402.309(1), (3), Fla. Stat. (2013). In her affidavit opposing summary judgment, Rocci stated that a lease was required before Tenant could apply for a license from the Department to operate the child care center.”
Davis Fam. Day Care Home v. Dep't of Child. & Fam. Servs., 117 So. 3d 464 (Fla. 2d DCA 2013). “Section 402.309 clearly contemplates that initial licenses for large family home child care homes may be provisional.”
Genuinely Loving Childcare v. Bre Mariner, 209 So. 3d 622 (Fla. 5th DCA 2017). “§ 402.309(1), (3), Fla. Stat. (2013). In her affidavit opposing summary judgment, Rocci stated that a lease was required before Tenant could apply for a license from the Department to operate the child care center.”
— 402.309(1) — 3 cases
Genuinely Loving Childcare, LLC v. Bre Mariner Conway Crossings, LLC, 209 So. 3d 622 (Fla. 5th DCA 2017). “§ 402.309(1), (3), Fla. Stat. (2013). In her affidavit opposing summary judgment, Rocci stated that a lease was required before Tenant could apply for a license from the Department to operate the child care center.”
Davis Fam. Day Care Home v. Dep't of Child. & Fam. Servs., 117 So. 3d 464 (Fla. 2d DCA 2013). “Section 402.309 clearly contemplates that initial licenses for large family home child care homes may be provisional.”
Genuinely Loving Childcare v. Bre Mariner, 209 So. 3d 622 (Fla. 5th DCA 2017). “§ 402.309(1), (3), Fla. Stat. (2013). In her affidavit opposing summary judgment, Rocci stated that a lease was required before Tenant could apply for a license from the Department to operate the child care center.”
— 402.309(3) — 2 cases
Genuinely Loving Childcare, LLC v. Bre Mariner Conway Crossings, LLC, 209 So. 3d 622 (Fla. 5th DCA 2017). “§ 402.309(1), (3), Fla. Stat. (2013). In her affidavit opposing summary judgment, Rocci stated that a lease was required before Tenant could apply for a license from the Department to operate the child care center.”
Genuinely Loving Childcare v. Bre Mariner, 209 So. 3d 622 (Fla. 5th DCA 2017). “§ 402.309(1), (3), Fla. Stat. (2013). In her affidavit opposing summary judgment, Rocci stated that a lease was required before Tenant could apply for a license from the Department to operate the child care center.”
— 402.309(5) — 1 case
Davis Fam. Day Care Home v. Dep't of Child. & Fam. Servs., 117 So. 3d 464 (Fla. 2d DCA 2013). “Section 402.309 clearly contemplates that initial licenses for large family home child care homes may be provisional.”
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