Florida Statute 402.316 | 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. 402.316

402.316 Exemptions.—

(1) The provisions of ss. 402.301-402.319, except for the requirements regarding screening of child care personnel, shall not apply to a child care facility which is an integral part of church or parochial schools conducting regularly scheduled classes, courses of study, or educational programs accredited by, or by a member of, an organization which publishes and requires compliance with its standards for health, safety, and sanitation. However, such facilities shall meet minimum requirements of the applicable local governing body as to health, sanitation, and safety and shall meet the screening requirements pursuant to ss. 402.305 and 402.3055. Failure by a facility to comply with such screening requirements shall result in the loss of the facility’s exemption from licensure.

(2) Any county or city with state or local child care licensing programs in existence on July 1, 1974, will continue to license the child care facilities as covered by such programs, notwithstanding the provisions of subsection (1), until and unless the licensing agency makes a determination to exempt them.

(3) Any child care facility covered by the exemption provisions of subsection (1), but desiring to be included in this act, is authorized to do so by submitting notification to the department. Once licensed, such facility cannot withdraw from the act and continue to operate.

History.—s. 16, 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. 14, ch. 84-551; s. 31, ch. 85-54; ss. 1, 2, ch. 93-115.

F.S. 402.316 on Google Scholar

F.S. 402.316 on Casetext

Amendments to 402.316

Arrestable Offenses / Crimes under Fla. Stat. 402.316

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.316.

Annotations, Discussions, Cases:

Cases Citing Statute 402.316

Total Results: 6

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-07-18T00:53:00-07:00

Snippet: 2), Fla. Stat.; s. 402.306, Fla. Stat.; and s. 402.316, Fla. Stat. Florida Attorney General

Ago

Court: Fla. Att'y Gen. | Date Filed: 2000-11-16T23:53:00-08:00

Snippet: Section 402.302(2), Fla. Stat. 6 See also, s. 402.316, Fla. Stat., exempting "a child care facility

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: care facilities was regulated by sections 402.301-402.316, Florida Statutes (1983). Section 402.301 set forth… the violation of any provision of ss. 402.301-402.316 or rules adopted thereunder." § 402.310(1)

Ago

Court: Fla. Att'y Gen. | Date Filed: 1985-09-09T00:53:00-07:00

Snippet: or those programs otherwise exempted under s. 402.316. The term does not include public or nonpublic …, revised April 9, 1985, at p. 6. See also, s. 402.316(1), F.S., as amended, providing that ss. 402.301

Ago

Court: Fla. Att'y Gen. | Date Filed: 1984-08-21T00:53:00-07:00

Snippet: the police power. QUESTION ONE Sections 402.301-402.316, F.S., Florida's Child Care Licensing Act, … illustrates that the provisions of ss 402.301-402.316, F.S., relate specifically to the licensing of … the violation of the provisions of ss 402.301-402.316, F.S., or the rules adopted thereunder and s 402.311…judicially determined otherwise that ss 402.301-402.316, F.S., and Ch. 633, F.S., do not expressly prohibit…imposed on such child care facilities by ss 402.301-402.316, F.S., Ch. 633, F.S., and the administrative rules

Ago

Court: Fla. Att'y Gen. | Date Filed: 1979-02-21T23:53:00-08:00

Snippet: licensing standards promulgated pursuant to ss.402.301-402.316, F. S.? SUMMARY: Hillsborough County may not require…exemption must be clearly expressed. Sections 402.301-402.316, F. S., Florida's child-care licensing act,… I conclude that the provisions of ss. 402.301-402.316, F. S., should not be applied to educational facilities…or implied, that the provisions of ss. 402.301-402.316, F. S., are to be applicable to the state or its…purpose; I can find no language in ss. 402.301-402.316, F. S., which would evince a legislative intent