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F.S. 402.319 on Google Scholar

F.S. 402.319 on Casetext

Amendments to 402.319


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XXIX
PUBLIC HEALTH
Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS
View Entire Chapter
F.S. 402.319 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: March 07, 2023
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

402.319 1a - FRAUD - FALSE QUALIFY FOR EMPLOYMENT WITH CHILD CARE - M: F
402.319 1b - PUBLIC ORDER CRIMES - OPERATE CHILD DAY CARE CENTER WITHOUT LICENSE - M: F
402.319 1c - PUBLIC ORDER CRIMES - OPERATE FAMILY DAY CARE HOME WITHOUT LICENSE - M: F
402.319 1d - PUBLIC ORDER CRIMES - OPERATE CHILD DAY CARE CENTER W SUSPENDED LIC - M: F
402.319 1e - FRAUD - CHILD/FAMILY CARE MISREP LIC OR OPER WO LIC - M: F
402.319 1f1 - FRAUD - CHILDCARE- FALSE INFO RE NUM OF CHILDREN - M: F
402.319 1f2 - FRAUD - CHILDCARE-FALSE INFO RE PART USED FOR CARE - M: F
402.319 1f3 - FRAUD - CHILDCARE FAC MISREP PERSONNEL QUALF OR CRED - M: F
402.319 1f4 - FRAUD - CHILDCARE/FAMILY DAY CARE MISREP SCREENING REQ - M: F
402.319 1f5 - FRAUD - CHILDCARE-FALSE INFO RE PERS TRAINING - M: F
402.319 2 - FRAUD - CHILDCARE FAC FALSE INF GIVEN RESTS GREAT HARM - F: S

Civil Citations / Citable Offenses under S402.319
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 402.319.

Annotations, Discussions, Cases:

  1. AGO

    2003-34 (Ops. Fla. Atty. Gen. Jul. 18, 2003)
    Sections 402.301 — 402.319, Florida Statutes

  2. AGO

    2003-15 (Ops. Fla. Atty. Gen. Apr. 30, 2003)
    You state that the Pinellas County License Board for Children's Centers and Family Day Care Homes is a local licensing agency subject to the provisions of Chapter 402, Florida Statutes, which generally governs the provision of health and human services. Sections 402.301 — 402.319, Florida Statutes, operate

  3. AGO

    85-74 (Ops. Fla. Atty. Gen. Sep. 9, 1985)
    Section 402.302(4), F.S., as amended by Chs. 84-551 and 85-54, Laws of Florida, defines "child care facility" for purposes of ss. 402.301- 402.319, F.S., as amended, as:

  4. Anderson v. Dept. of H R. Services

    482 So. 2d 491 (Fla. Dist. Ct. App. 1986)   Cited 6 times
    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.
    PAGE 493

  5. Ristow v. Threadneedle Ins. Co.

    583 N.W.2d 452 (Wis. Ct. App. 1998)   Cited 7 times
    We reject the Ristows' remaining contentions that (1) Threadneedle's duty is similar to the delivery responsibility imposed in the commercial goods setting, § 402.319(1)(b), STATS.; (2) "[g]iven the similarity between breach of contract claims and torts involving purely economic injuries . . . the place of economic harm should be afforded weight in adjudicating borrowing statute issues in the contract setting"; (3) principles of equity and fairness favor their position; and (4) a decision in favor of Threadneedle will encourage forum shopping. First, this is a breach of contract case, not a sale involving goods. A contract is a series of mutual promises and a breach is a failure to complete a promise. See Erickson Oil Prods., Inc. v. State, 184 Wis.2d 36, 49-50, 516 N.W.2d 755, 759 (Ct.App. 1994). Here, Threadneedle promised to settle the Ristows' claims and Threadneedle failed to fulfill that promise. Chapter 402, STATS., applies only to transactions in goods and is inapplicable to this case. See § 402.102, STATS.
    PAGE 654

  6. Melrose Intern, Etc. v. Patrick Cudahy Inc.

    482 F. Supp. 1369 (E.D. Wis. 1980)   Cited 2 times
    If PCI met its responsibilities under this contract, there would be no breach thereof. Under the UCC, the term F.A.S. translates to "free alongside" and requires the seller ". . . [a]t his own expense and risk to deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer." Wis.Stat. § 402.319.
    PAGE 1376

  7. Royster-Clark, Inc. v. Olsen's Mill, Inc.

    2005 WI App. 176 (Wis. Ct. App. 2005)
    FOB is a delivery term requiring a seller (here Royster) to ship goods to a designated point and bear the expense and risk of putting them into the possession of the carrier. See WIS. STAT. § 402.319(1)(a) (2003-04). Apparently, neither party vigorously enforced this particular term of the contract; as it appears, Olsen's Mill agreed to pick up the nitrogen fertilizer at one of Royster's facilities.

  8. Calhoun v. Department of Health & Rehabilitative Services

    500 So. 2d 674 (Fla. Dist. Ct. App. 1987)   Cited 4 times
    "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:
    PAGE 677

  9. AGO

    91-97 (Ops. Fla. Atty. Gen. Dec. 18, 1991)
    Section 402.313(1), F.S. (1990 Supp.), provides that family day care homes hall be licensed under ss. 402.301- 402.319, F.S., if:

  10. Milwaukee Valve Co. v. Mishawaka Brass Manufacturing, Inc.

    319 N.W.2d 885 (Wis. Ct. App. 1982)   Cited 5 times
    We have carefully reviewed the record, and conclude that Milwaukee Valve produced sufficient evidence to prove that no expenses were saved by Mishawaka's breach. When a buyer covers, by definition the goods bought in substitution are used to meet an essential need, and therefore the buyer is not relieved from performing and does not save any performance expenses by the sellers breach. Expenses saved, if any, in cases of cover will more likely occur when the shipping terms of the cover contract differ from those in the original contract. See R. Summer's J. White, supra, sec. 6-3, at 217. In this case the shipping terms result in no savings to Milwaukee Valve. At trial Milwaukee Valve produced the cover contract and the contract with Mishawaka. Both require shipping to be "F.O.B. Del'd." Section 402.319 (1) (b), Stats., provides that when a shipping term is F.O.B. the place of destination, as opposed to the place of shipment, the seller must bear the shipping expense.
    PAGE 174