The 2023 Florida Statutes (including Special Session C)
In its report, the OIG said Chabad Chayil violated Florida Statute section 402.319 by operating CHAP without a DCF license. (Id. ¶ 136; Draft Rep. at 31.) OIG relayed, in the report, Chabad Chayil didn't apply for a license from DCF until August 2015. (Id. ¶ 137.) Thereafter, as relayed in the report, Chabad Chayil failed its initial DCF inspection because (1) of fire safety violations; (2) of a lack of the required staff credentials; (3) none of its staff members had proper CPR certificates; and (4) its first-aid kit was expired. (Id. ¶ 138; Draft Rep. at 31.) The report also pointed out that, once DCF issued a provisional license to Chabad Chayil, Chabad Chayil was only authorized to operate from 3:00 pm to 6:00 pm. (Am. Compl. ¶ 139; Draft Rep. at 32 n. 41.) Despite this restriction, Chabad Chayil operated from 1:30 pm to 6:00 pm. (Am. Compl. ¶ 139; Draft. Rep. at 32 n. 41.)
"The state minimum standards shall be designed to protect the health, sanitation, safety, and well-being of all children under care by ensuring competent personnel, adequate physical surroundings, and healthful food. All standards established under ss. 402.301- 402.319 shall be consistent with rules promulgated by the State Fire Marshal for child care facilities. The minimum standards for child care facilities shall include the following areas:
On this appeal, we review the legality of a summary order issued by the Department of Health and Rehabilitative Services (HRS) requiring the emergency suspension of appellant Anderson's license to operate a child care facility regulated by sections 402.301- 402.319, Florida Statutes (1985). The emergency order took effect immediately, causing appellant to cease operations and close the facility. Consequently, we have ordered this appeal expedited.
. . . Toward that end: (1) It is the purpose of ss. 402.301-402.319 to establish statewide minimum standards . . .
. . . administer any of the following disciplinary sanctions for a violation of any provision of ss. 402.301-402.319 . . .
. . . 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 . . .
. . . All standards established under ss. 402.301-402.319 shall be consistent with rules promulgated by the . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 402.319. . . . argument must fall because the parties already had a binding contract on September 16 that, under sec. 402.319 . . .
. . . . §§ 402.319 and 402.320, Wis.Stats. . . .