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Florida Statute 402.316 | Lawyer Caselaw & Research
F.S. 402.316 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 402.316

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. 402.316
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.

F.S. 402.316 on Google Scholar

F.S. 402.316 on Casetext

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 from cite.case.law:

HACKEL, v. NATIONAL FEEDS, INC. Co. Co. Co. v. Co., 986 F. Supp. 2d 963 (W.D. Wis. 2013)

. . . . § 402.316. . . .

HORNBECK OFFSHORE TRANSPORTATION, LLC, v. MANITOWOC MARINE GROUP, LLC,, 541 F. Supp. 2d 1020 (N.D. Ill. 2008)

. . . . § 402.316(1) (West 2003) (“Words or conduct relevant to the creation of an express warranty and words . . . Stat. § 402.316 (allowing for the exclusion or modification of warranties). . . .

MANITOWOC MARINE GROUP, LLC, v. AMERON INTERNATIONAL CORP., 424 F. Supp. 2d 1119 (E.D. Wis. 2006)

. . . . § 402.316. . . . Stat. § 402.316(1). . . .

JAY DEE CONTRACTORS, INC. v. TEWS COMPANY, INC. f k a Co., 787 F. Supp. 160 (E.D. Wis. 1992)

. . . promises or affirmations of fact made on the container or label if any. (3)Unless excluded or modified (s. 402.316 . . . skill or judgment to select or furnish suitable goods, there is unless excluded or modified under s. 402.316 . . .

H. B. FULLER COMPANY, a v. KINETIC SYSTEMS, INC. a, 932 F.2d 681 (7th Cir. 1991)

. . . . § 402.316(2); UCC § 2-316(2). Kinetic’s disclaimer appears to satisfy this standard. . . .

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

. . . suit seeking declaratory and injunctive relief challenging the constitutionality of Florida Statutes § 402.316 . . . not have to comply with these licensing standards by virtue of an exemption granted them under F.S. § 402.316 . . . That statute provides in relevant part: 402.316. . . . allegation that any religiously affiliated child care facility exempt from licensure by virtue of § 402.316 . . . Similarly, here, the Court concludes that Florida Statute § 402.316 passes muster under Lemon, as explained . . .

WISCONSIN POWER AND LIGHT COMPANY, v. WESTINGHOUSE ELECTRIC CORPORATION,, 830 F.2d 1405 (7th Cir. 1987)

. . . . §§ 402.316, 402.-719; Murray v. . . .

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

. . . continue to enjoy the additional exemption from child care facility licensure given to them by Section 402.316 . . .

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

. . . Prior to 1984, the operation of child care facilities was regulated by sections 402.301-402.316, Florida . . . administrative fine not to exceed $100 per violation, per day, for the violation of any provision of ss. 402.301-402.316 . . .

TWIN DISC, INCORPORATED, v. BIG BUD TRACTOR, INC. v. GRAD- LINE, INCORPORATED,, 772 F.2d 1329 (7th Cir. 1985)

. . . . § 402.316(2). . . .

WISCONSIN ELECTRIC POWER COMPANY, a v. ZALLEA BROTHERS, INC. a, 606 F.2d 697 (7th Cir. 1979)

. . . skill or judgment to select or furnish suitable goods, there is unless excluded or modified under s. 402.316 . . . 1977) reads: “Implied warranty: merchantability; usage of trade. (1) Unless excluded or modified (s. 402.316 . . .

CONCRETE EQUIPMENT COMPANY, v. WILLIAM A. SMITH CONTRACTING CO. INC., 358 F. Supp. 1137 (E.D. Wis. 1973)

. . . skill or judgment to select or furnish suitable goods, there is unless excluded or modified under s. 402.316 . . .