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.

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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: Florida Attorney General Reports | Date Filed: 2003-07-18

Snippet: (2), Fla. Stat.; s. 402.306, Fla. Stat.; and s. 402.316, Fla. Stat.

Ago

Court: Florida Attorney General Reports | Date Filed: 2000-11-17

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

Anderson v. DEPT. OF H & R. SERVICES

Court: District Court of Appeal of Florida | Date Filed: 1986-01-21

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

Snippet: care facilities was regulated by sections 402.301-402.316, Florida Statutes (1983). Section 402.301 set forth