Florida Statute 402.309 | 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. 402.309

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.

F.S. 402.309 on Google Scholar

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Amendments to 402.309

Arrestable Offenses / Crimes under Fla. Stat. 402.309

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.309.

Annotations, Discussions, Cases:

Cases Citing Statute 402.309

Total Results: 3

Genuinely Loving Childcare, LLC v. Bre Mariner Conway Crossings, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-13T00:00:00-08:00

Citation: 209 So. 3d 622, 2017 Fla. App. LEXIS 298

Snippet: does not meet all of the minimum standards. § 402.309(1), (3), Fla. Stat. (2013). In her affidavit opposing… further renewals were permitted by law. See § 402.309(3), Fla. Stat. (2013). The entry of summary judgment

Genuinely Loving Childcare v. Bre Mariner

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-08T23:53:00-08:00

Snippet: does not meet all of the minimum standards. § 402.309(1), (3), Fla. Stat. (2013). In her affidavit…further renewals were permitted by law. See § 402.309(3), Fla. Stat. (2013). The entry of summary

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: Interpretation of Section 402.309 The Daycare also argues that DCF’s interpretation of section 402.309, “Provi*470sional…day care license is incorrect. We agree. Section 402.309 clearly contemplates that initial licenses for …family home child care homes may be provisional. § 402.309(1) (“[T]he department ... may issue a provisional…registration may be issued, suspended, or revoked.” § 402.309(5). In that regard, we note that while DCF referenced