The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS

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F.S. 402.309

402.309 Provisional license or registration.—

(1) The local licensing agency or the department, whichever is authorized to license child care facilities in a county, may issue a provisional license for child care facilities, family day care homes, or large family child care homes, or a provisional registration for family day care homes to applicants for an initial license or registration or to licensees or registrants seeking a renewal who are unable to meet all the standards provided for in ss. 402.301-402.319.

(2) A provisional license or registration may not be issued unless the operator or owner makes adequate provisions for the health and safety of the child. A provisional license may be issued for a child care facility if all of the screening materials have been timely submitted. A provisional license or registration may not be issued unless the child care facility, family day care home, or large family child care home is in compliance with the requirements for screening of child care personnel in ss. 402.305, 402.3055, 402.313, and 402.3131, respectively.

(3) Notwithstanding subsection (2), a local licensing agency or the department, whichever is authorized to license child care facilities in a county, must issue a provisional license or registration if the operator or owner:

(a) Is applying for an initial license or registration for a child care facility, a family day care home, or a large family child care home;

(b) Has made adequate provisions for the health and safety of the child; and

(c) Provides evidence that he or she has completed, within the previous 6 months, training pursuant to United States Department of Defense Instruction 6060.02 and background screening by the United States Department of Defense pursuant to 34 U.S.C. s. 20351 and 32 C.F.R. part 86 and received a favorable suitability and fitness determination.

(4) The provisional license or registration may not be issued for a period that exceeds 6 months; however, it may be renewed one time for a period that may not exceed 6 months under unusual circumstances beyond the control of the applicant.

(5) The provisional license or registration may be suspended or revoked if periodic inspection or review by the local licensing agency or the department indicates that insufficient progress has been made toward compliance.

(6) The department shall adopt rules specifying the conditions and procedures under which a provisional license or registration may be issued, suspended, or revoked.

History.—s. 9, 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. 8, ch. 84-551; s. 27, ch. 85-54; s. 26, ch. 87-238; ss. 1, 2, ch. 93-115; s. 7, ch. 2006-91; s. 1, ch. 2023-249.

F.S. 402.309 on Google Scholar

F.S. 402.309 on Casetext

Amendments to 402.309

Arrestable Offenses / Crimes under Fla. Stat. 402.309

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.309.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GENUINELY LOVING CHILDCARE, LLC, M. E. v. BRE MARINER CONWAY CROSSINGS, LLC,, 209 So. 3d 622 (Fla. Dist. Ct. App. 2017)

. . . . § 402.309(1), (3), Fla. Stat. (2013). . . . See § 402.309(3), Fla. Stat. (2013). . . .

DAVIS FAMILY DAY CARE HOME, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 117 So. 3d 464 (Fla. Dist. Ct. App. 2013)

. . . DCF’s Interpretation of Section 402.309 The Daycare also argues that DCF’s interpretation of section . . . 402.309, “Provisional license or registration,” in its rejection of the ALJ’s recommendation to grant . . . Section 402.309 clearly contemplates that initial licenses for large family home child care homes may . . . be provisional. § 402.309(1) (“[T]he department ... may issue a provisional license for ... large family . . . procedures under which a provisional license or registration may be issued, suspended, or revoked.” § 402.309 . . .

INTERNATIONAL PRODUCTION SPECIALISTS, INC. v. SCHWING AMERICA, INC., 580 F.3d 587 (7th Cir. 2009)

. . . . § 402.309(1). IPS argues that the contract here was such a “reasonable time” contract. . . .

METROPOLITAN LIQUOR COMPANY, a v. HEUBLEIN, INC. a a, 305 F. Supp. 946 (E.D. Wis. 1969)

. . . . § 402.309(2) and (3), which require reasonable notice of cancellation of a contract. . . . Stat. § 402.309 specifies a “termination” of the contract, and that they have not terminated the contract . . .

CHAPIEWSKY, a d b a F. a d b a Co. a d b a v. G. HEILEMAN BREWING COMPANY, a, 297 F. Supp. 33 (W.D. Wis. 1968)

. . . This conduct is alleged to be unconscionable and in bad faith contrary to §§ 402.309(3), 401.203, Wis . . . Heileman urges that § 402.309(3) has not yet been construed by the Wisconsin courts. . . .