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Florida Statute 402.301 | Lawyer Caselaw & Research
F.S. 402.301 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 402.301

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS
View Entire Chapter
F.S. 402.301
402.301 Child care facilities; legislative intent and declaration of purpose and policy.It is the legislative intent to protect the health, safety, and well-being of the children of the state and to promote their emotional and intellectual development and care. Toward that end:
(1) It is the purpose of ss. 402.301-402.319 to establish statewide minimum standards for the care and protection of children in child care facilities, to ensure maintenance of these standards, and to approve county administration and enforcement to regulate conditions in such facilities through a program of licensing.
(2) It is the intent of the Legislature that all owners, operators, and child care personnel shall be of good moral character.
(3) It shall be the policy of the state to ensure protection of children and to encourage child care providers and parents to share responsibility for and to assist in the improvement of child care programs.
(4) It shall be the policy of the state to promote public and private employer initiatives to establish day care services for their employees.
(5) It is the further legislative intent that the freedom of religion of all citizens shall be inviolate. Nothing in ss. 402.301-402.319 shall give any governmental agency jurisdiction or authority to regulate, supervise, or in any way be involved in any Sunday School, Sabbath School, or religious services or any nursery service or other program conducted during religious or church services primarily for the convenience of those attending such services.
(6) It is further the intent that membership organizations affiliated with national organizations which do not provide child care, whose primary purpose is providing activities that contribute to the development of good character or good sportsmanship or to the education or cultural development of minors in this state, which charge only a nominal annual membership fee, which are not for profit, and which are certified by their national associations as being in compliance with the association’s minimum standards and procedures shall not be considered child care facilities. However, all personnel as defined in s. 402.302 of such membership organizations shall meet background screening requirements through the department pursuant to ss. 402.305 and 402.3055.
(7) It shall be the policy of the state to encourage child care providers to serve children with disabilities. When requested, the department shall provide technical assistance to parents and child care providers in order to facilitate serving children with disabilities.
History.s. 1, 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. 1, ch. 84-551; s. 21, ch. 87-238; s. 1, ch. 91-300; ss. 1, 2, ch. 93-115; s. 74, ch. 96-175; s. 5, ch. 2015-79.

F.S. 402.301 on Google Scholar

F.S. 402.301 on Casetext

Amendments to 402.301


Arrestable Offenses / Crimes under Fla. Stat. 402.301
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.301.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FOX, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 262 So. 3d 782 (Fla. App. Ct. 2018)

. . . ." § 402.301, Fla. Stat. . . . ." § 402.301(2), Fla. Stat. Good moral character is based upon a screening. § 402.305(2), Fla. . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. FELICIANO, 259 So. 3d 957 (Fla. App. Ct. 2018)

. . . Brown, 690 So.2d at 644 (quoting § 402.301(1), Fla. . . .

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

. . . under section 402.281, Florida Statutes, and that DCF intended to impose a fine pursuant to section 402.301 . . . The stated legislative intent in sections 402.26 and 402.301, and the definitions set out in section . . . To carry out the legislative directive in section 402.301(l)(a) to establish standards addressing the . . . Section 402.301 provides in part: 402.301. . . . 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)

. . . “may administer any of the following disciplinary sanctions for a violation of any provision of ss. 402.301 . . .

ST. MICHAEL S ACADEMY, INC. v. STATE DEPARTMENT OF CHILDREN AND FAMILIES,, 965 So. 2d 169 (Fla. Dist. Ct. App. 2007)

. . . Families (“DCF”) issued an Emergency Order of Suspension (the “order”) for alleged violations of section 402.301 . . .

YEOMAN, v. CONSTRUCTION INDUSTRY LICENSING BOARD,, 919 So. 2d 542 (Fla. Dist. Ct. App. 2005)

. . . Stat. (2004) (nursing home license); § 402.301(2), Fla. Stat. . . .

UNITED STATES v. CLEVELAND INDIANS BASEBALL CO., 532 U.S. 200 (U.S. 2001)

. . . Regs. 106, §§402.301-.303, 402.401-.403 (1940). Cf. National Muffler, 440 U. . . .

BROWN, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, G SELL, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 690 So. 2d 641 (Fla. Dist. Ct. App. 1997)

. . . .” § 402.301(1), Fla. Stat. (1995). . . .

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

. . . of church or parochial schools from the Florida licensing standards contained in Florida Statutes §§ 402.301 . . . Florida Statutes §§ 402.301-402.319, and the administrative rules promulgated by HRS, are part of a comprehensive . . . Exemptions (1) The provisions of ss. 402.301-402.-319, except for the requirements regarding screening . . . In addition, § 402.301(5) provides “[i]t is the further legislative intent that the freedom of religion . . .

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 . . . licensure given to them by Section 402.316(1), Florida Statutes, which provides: The provisions of ss. 402.301 . . . rule is authorized, HRS cites, at the end of the proposed rule, as its rulemaking authority Section 402.301 . . .

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

. . . emergency suspension of appellant Anderson’s license to operate a child care facility regulated by sections 402.301 . . . respects, operating in violation of the minimum standards of a child care facility established in sections 402.301 . . . Prior to 1984, the operation of child care facilities was regulated by sections 402.301-402.316, Florida . . . Section 402.301 set forth the legislative intent and declaration of purpose and policy to protect the . . . For example, section 402.301 was amended to make clear “the intent of the Legislature that all owners . . .