Florida Statute 402.319 | 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. 402.319

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 Citing Statute 402.319

Total Results: 10

Mid Florida Community Services, Inc. v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-30T00:53:00-07:00

Snippet: be subject to the provisions of ss. 402.301-402.319: ... 2. Programs for children who are

All Saints Early Learning & Community Care Center, Inc. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-28T00:00:00-07:00

Citation: 145 So. 3d 974, 2014 Fla. App. LEXIS 13389, 2014 WL 4242806

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

Davis Family Day Care Home v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-17T00:00:00-07:00

Citation: 117 So. 3d 464, 2013 WL 3724769, 2013 Fla. App. LEXIS 11248

Snippet: for a violation of any provision of ss. 402.301-402.319, or the rules adopted thereunder: ... (3) Deny,

Ago

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

Snippet: 402.301 — 402.319, Florida Statutes Sections 402.301 — 402.319, Florida Statutes, …following question: Do sections 166.0445 and 402.301-402.319, Florida Statutes, preempt local regulation of …[i]t is the purpose of ss. 402.301 — 402.319 to establish statewide minimum standards for the…is my opinion that sections 402.301 — 402.319, Florida Statutes, are minimum standards that do

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-04-30T00:53:00-07:00

Snippet: and human services. Sections 402.301 —402.319, Florida Statutes, operate "to establish statewide…violation of any provision of ss. 402.301 — 402.319 or rules adopted thereunder."3 In determining

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Court: Fla. Att'y Gen. | Date Filed: 1991-12-17T23:53:00-08:00

Snippet: care homes hall be licensed under ss. 402.301-402.319, F.S., if: 1) they are presently being licensed

Calhoun v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-06T00:00:00-08:00

Citation: 500 So. 2d 674, 12 Fla. L. Weekly 197, 1987 Fla. App. LEXIS 6189

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

Calhoun v. DEPT. OF HLT & REHAB. SERV

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-05T23:53:00-08:00

Citation: 500 So. 2d 674

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

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: child care facility regulated by sections 402.301-402.319, Florida Statutes (1985). The emergency order took…facility established in sections 402.301 through 402.319, Florida Statutes, and chapter 10M-12, Florida …remedies provided in sections 402.310, 402.312, or 402.319, in addition to or in lieu of denial, suspension

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

Snippet: time be amended or transferred. Sections 402.301-402.319, F.S., as amended by Chs. 84-551 and 85-54, Laws…care facility" for purposes of ss.402.301-402.319, F.S., as amended, as: any child care center…facilit[ies]" for purposes of ss. 402.301-402.319, F.S., as amended. The term "integral programs…programs" is not defined within ss. 402.301-402.319, F.S., as amended, or Ch. 85-54, Laws of Florida…, F.S., as amended, providing that ss. 402.301-402.319 do not apply to a child care facility which is