The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS

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F.S. 402.319

402.319 Penalties.—

(1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person knowingly to:

(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment or licensure regulated under ss. 402.301-402.318 all information required under those sections or a material fact used in making a determination as to such person’s qualifications to be child care personnel, as defined in s. 402.302, in a child care facility, family day care home, or other child care program.

(b) Operate or attempt to operate a child care facility without having procured a license as required by this act.

(c) Operate or attempt to operate a family day care home without a license or without registering with the department, whichever is applicable.

(d) Operate or attempt to operate a child care facility or family day care home under a license that is suspended, revoked, or terminated.

(e) Misrepresent, by act or omission, a child care facility or family day care home to be duly licensed pursuant to this act without being so licensed.

(f) Make any other misrepresentation, by act or omission, regarding the licensure or operation of a child care facility or family day care home to a parent or guardian who has a child placed in the facility or is inquiring as to placing a child in the facility, or to a representative of the licensing authority, or to a representative of a law enforcement agency, including, but not limited to, any misrepresentation as to:

1. The number of children at the child care facility or the family day care home;

2. The part of the child care facility or family day care home designated for child care;

3. The qualifications or credentials of child care personnel;

4. Whether a family day care home or child care facility complies with the screening requirements of s. 402.305; or

5. Whether child care personnel have the training as required by s. 402.305.

(2) If any child care personnel makes any misrepresentation in violation of this section to a parent or guardian who has placed a child in the child care facility or family day care home, and the parent or guardian relied upon the misrepresentation, and the child suffers great bodily harm, permanent disfigurement, permanent disability, or death as a result of an intentional act or negligence by the child care personnel, then the child care personnel commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Each child care facility, family day care home, and large family child care home shall annually submit an affidavit of compliance with s. 39.201.

History.—ss. 16, 19, ch. 84-551; s. 32, ch. 85-54; s. 37, ch. 90-347; ss. 1, 2, ch. 93-115; s. 60, ch. 95-228; s. 2, ch. 99-207; s. 14, ch. 2016-238.

F.S. 402.319 on Google Scholar

F.S. 402.319 on Casetext

Amendments to 402.319

Arrestable Offenses / Crimes under Fla. Stat. 402.319

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

S402.319 1a - FRAUD - FALSE QUALIFY FOR EMPLOYMENT WITH CHILD CARE - M: F

S402.319 1b - PUBLIC ORDER CRIMES - OPERATE CHILD DAY CARE CENTER WITHOUT LICENSE - M: F

S402.319 1c - PUBLIC ORDER CRIMES - OPERATE FAMILY DAY CARE HOME WITHOUT LICENSE - M: F

S402.319 1d - PUBLIC ORDER CRIMES - OPERATE CHILD DAY CARE CENTER W SUSPENDED LIC - M: F

S402.319 1e - FRAUD - RENUMBERED. SEE REC # 4051 - M: F

S402.319 1e - FRAUD - CHILD FAMILY CARE MISREP LIC OR OPER WO LIC - M: F

S402.319 1f1 - FRAUD - CHILDCARE- FALSE INFO RE NUM OF CHILDREN - M: F

S402.319 1f2 - FRAUD - CHILDCARE-FALSE INFO RE PART USED FOR CARE - M: F

S402.319 1f3 - FRAUD - CHILDCARE FAC MISREP PERSONNEL QUALF OR CRED - M: F

S402.319 1f4 - FRAUD - CHILDCARE/FAMILY DAY CARE MISREP SCREENING REQ - M: F

S402.319 1f5 - FRAUD - CHILDCARE-FALSE INFO RE PERS TRAINING - M: F

S402.319 2 - FRAUD - CHILDCARE FAC FALSE INF GIVEN RESTS GREAT HARM - F: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

ALL SAINTS EARLY LEARNING AND COMMUNITY CARE CENTER, INC. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 145 So. 3d 974 (Fla. Dist. Ct. App. 2014)

. . . Toward that end: (1) It is the purpose of ss. 402.301-402.319 to establish statewide minimum standards . . .

DAVIS FAMILY DAY CARE HOME, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 117 So. 3d 464 (Fla. Dist. Ct. App. 2013)

. . . administer any of the following disciplinary sanctions for a violation of any provision of ss. 402.301-402.319 . . .

FORTE, d b a v. L. COLER,, 725 F. Supp. 488 (M.D. Fla. 1989)

. . . or parochial schools from the Florida licensing standards contained in Florida Statutes §§ 402.301-402.319 . . . Florida Statutes §§ 402.301-402.319, and the administrative rules promulgated by HRS, are part of a comprehensive . . .

CALHOUN, s v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 500 So. 2d 674 (Fla. Dist. Ct. App. 1987)

. . . All standards established under ss. 402.301-402.319 shall be consistent with rules promulgated by the . . .

FLORIDA ASSOCIATION OF ACADEMIC NONPUBLIC SCHOOLS, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 22 Fla. Supp. 2d 230 (Fla. Div. Admin. Hearings 1986)

. . . nonpublic schools and their integral programs are not “child care facilities]” for purposes of ss. 402.301-402.319 . . . given to them by Section 402.316(1), Florida Statutes, which provides: The provisions of ss. 402.301-402.319 . . .

ANDERSON, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 482 So. 2d 491 (Fla. Dist. Ct. App. 1986)

. . . suspension of appellant Anderson’s license to operate a child care facility regulated by sections 402.301-402.319 . . . suspend, or revoke a license or to pursue other remedies provided in sections 402.310, 402.312, or 402.319 . . .

MELROSE INTERNATIONAL TRADING COMPANY OF CANADA, LTD. a v. PATRICK CUDAHY INCORPORATED, a v. WISCONSIN COLD STORAGE COMPANY,, 482 F. Supp. 1369 (E.D. Wis. 1980)

. . . . § 402.319. . . . argument must fall because the parties already had a binding contract on September 16 that, under sec. 402.319 . . .

GREISLER BROTHERS, INC. a v. PACKERLAND PACKING CO. INC. a, 392 F. Supp. 206 (E.D. Wis. 1975)

. . . . §§ 402.319 and 402.320, Wis.Stats. . . .