Florida Statute 402.312 | 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. 402.312

402.312 License required; injunctive relief.—

(1) The operation of a child care facility without a license, a family day care home without a license or registration, or a large family child care home without a license is prohibited. If the department or the local licensing agency discovers that a child care facility is being operated without a license, a family day care home is being operated without a license or registration, or a large family child care home is being operated without a license, the department or local licensing agency is authorized to seek an injunction in the circuit court where the facility is located to enjoin continued operation of such facility, family day care home, or large family child care home. When the court is closed for the transaction of judicial business, the department or local licensing agency is authorized to seek an emergency injunction to enjoin continued operation of such unlicensed facility, unregistered or unlicensed family day care home, or unlicensed large family child care home, which injunction shall be continued, modified, or revoked on the next day of judicial business.

(2) Other grounds for seeking an injunction to close a child care facility, family day care home, or a large family child care home are that:

(a) There is any violation of the standards applied under ss. 402.301-402.319 which threatens harm to any child in the child care facility, a family day care home, or large family child care home.

(b) A licensee or registrant has repeatedly violated the standards provided for under ss. 402.301-402.319.

(c) A child care facility, family day care home, or large family child care home continues to have children in attendance after the closing date established by the department or the local licensing agency.

(3) The department or local licensing agency may impose an administrative fine on any child care facility, family day care home, or large family child care home operating without a license or registration, consistent with the provisions of s. 402.310.

History.—s. 12, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 4, 6, 7, ch. 83-248; s. 11, ch. 84-551; s. 61, ch. 90-306; ss. 1, 2, ch. 93-115; s. 2, ch. 2003-131.

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F.S. 402.312 on Casetext

Amendments to 402.312

Arrestable Offenses / Crimes under Fla. Stat. 402.312

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.312.

Annotations, Discussions, Cases:

Cases Citing Statute 402.312

Total Results: 4

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

Snippet: that is subject to annual renewal. §§ 402.308(1), 402.312(1), Fla. Stat. (2013). The Legislature has set

Genuinely Loving Childcare v. Bre Mariner

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

Snippet: is subject to annual renewal. §§ 402.308(1), 402.312(1), Fla. Stat. (2013). The Legislature has set

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: license is found in sections 402.3055, 402.310, and 402.312. Authority to issue a summary order requiring emergency…pursue other remedies provided in sections 402.310, 402.312, or 402.319, in addition to or in lieu of denial

Von Wezyk v. Marko

Court: Fla. Dist. Ct. App. | Date Filed: 1985-05-22T00:00:00-07:00

Citation: 468 So. 2d 1121

Snippet: license as is required by state statute, section 402.312, Florida Statutes (1983), and in violation of a