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. 402.310

402.310 Disciplinary actions; hearings upon denial, suspension, or revocation of license or registration; administrative fines.—

(1)(a) The department or local licensing agency may administer any of the following disciplinary sanctions for a violation of any provision of ss. 402.301-402.319, or the rules adopted thereunder:

1. Impose an administrative fine not to exceed $100 per violation, per day. However, if the violation could or does cause death or serious harm, the department or local licensing agency may impose an administrative fine, not to exceed $500 per violation per day in addition to or in lieu of any other disciplinary action imposed under this section.

2. Convert a license or registration to probation status and require the licensee or registrant to comply with the terms of probation. A probation-status license or registration may not be issued for a period that exceeds 6 months and the probation-status license or registration may not be renewed. A probation-status license or registration may be suspended or revoked if periodic inspection by the department or local licensing agency finds that the probation-status licensee or registrant is not in compliance with the terms of probation or that the probation-status licensee or registrant is not making sufficient progress toward compliance with ss. 402.301-402.319.

3. Deny, suspend, or revoke a license or registration.

(b) In determining the appropriate disciplinary action to be taken for a violation as provided in paragraph (a), the following factors shall be considered:

1. The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of ss. 402.301-402.319 have been violated.

2. Actions taken by the licensee or registrant to correct the violation or to remedy complaints.

3. Any previous violations of the licensee or registrant.

1. Establish the grounds under which the department may deny, suspend, or revoke a license or registration or place a licensee or registrant on probation status for violations of ss. 402.301-402.319.

2. Establish a uniform system of procedures to impose disciplinary sanctions for violations of ss. 402.301-402.319. The uniform system of procedures must provide for the consistent application of disciplinary actions across districts and a progressively increasing level of penalties from predisciplinary actions, such as efforts to assist licensees or registrants to correct the statutory or regulatory violations, and to severe disciplinary sanctions for actions that jeopardize the health and safety of children, such as for the deliberate misuse of medications.

(d) The disciplinary sanctions set forth in this section apply to licensed child care facilities, licensed large family child care homes, and licensed or registered family day care homes.

(2) When the department has reasonable cause to believe that grounds exist for the denial, suspension, or revocation of a license or registration; the conversion of a license or registration to probation status; or the imposition of an administrative fine, it shall determine the matter in accordance with procedures prescribed in chapter 120. When the local licensing agency has reasonable cause to believe that grounds exist for the denial, suspension, or revocation of a license or registration; the conversion of a license or registration to probation status; or the imposition of an administrative fine, it shall notify the applicant, registrant, or licensee in writing, stating the grounds upon which the license or registration is being denied, suspended, or revoked or an administrative fine is being imposed. If the applicant, registrant, or licensee makes no written request for a hearing to the local licensing agency within 15 days after receipt of the notice, the license shall be deemed denied, suspended, or revoked; the license or registration shall be converted to probation status; or an administrative fine shall be imposed.

(3) If a request for a hearing is made to the local licensing agency, a hearing shall be held within 30 days and shall be conducted by an individual designated by the county commission.

(4) An applicant, registrant, or licensee shall have the right to appeal a decision of the local licensing agency to a representative of the department. Any required hearing shall be held in the county in which the child care facility, family day care home, or large family child care home is being operated or is to be established. The hearing shall be conducted in accordance with the provisions of chapter 120.

History.—s. 10, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-117; s. 1, ch. 77-457; s. 19, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 3, 6, 7, ch. 83-248; s. 9, ch. 84-551; s. 42, ch. 87-225; s. 37, ch. 90-306; ss. 1, 2, ch. 93-115; s. 24, ch. 2000-153; s. 3, ch. 2006-91; s. 69, ch. 2019-3.

F.S. 402.310 on Google Scholar

F.S. 402.310 on Casetext

Amendments to 402.310

Arrestable Offenses / Crimes under Fla. Stat. 402.310

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.310.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . See § 402.310(l)(a)l., Fla. Stat. . . . The hearing officer’s conclusions of law referred to section 402.310(1) for the agency’s authority to . . . DCF’s cause of action is set out in section 402.310, Florida Statutes, and the process due in these administrative . . . (l)(b), imposed an administrative fine as authorized by section 402.310(l)(a)l. . . . se — the dangerous situation presented in this case was just the sort of harm sections 402.305 and 402.310 . . .

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

. . . license based on alleged violations of the Florida Administrative Code and under the authority of section 402.310 . . . The statute relied upon by DCF in its proposed denial, section 402.310, provides that DCF “may administer . . . 402.319, or the rules adopted thereunder: ... (3) Deny, suspend, or revoke a license or registration.” § 402.310 . . . denial ... it shall determine the matter in accordance with procedures prescribed in chapter 120.” § 402.310 . . . Unfortunately, the legislature did not provide a burden of proof in section 402.310. . . .

OAKCREST EARLY EDUCATION CENTER, INC. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 936 So. 2d 1174 (Fla. Dist. Ct. App. 2006)

. . . revoke a license to operate a child day care when the Legislature enacted the provisions of section 402.310 . . . including the section governing a day care’s accountability for children being transported by it. § 402.310 . . . Section 402.310(2) requires the Department to “determine the matter in accordance with procedures prescribed . . . in chapter 120.” § 402.310(2), Fla. . . .

TV INC. v. STATE OFFICE OF THE ATTORNEY GENERAL,, 794 So. 2d 744 (Fla. Dist. Ct. App. 2001)

. . . .”); section 402.310(l)(a), Florida Statutes (“fíne not to exceed $100 per violation, per day”); section . . .

PILLSBURY d b a v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 744 So. 2d 1040 (Fla. Dist. Ct. App. 1999)

. . . Pillsbury (the Pills-burys) challenge the revocation of their child day care license pursuant to section 402.310 . . .

PILLSBURY d b a v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 705 So. 2d 32 (Fla. Dist. Ct. App. 1997)

. . . Pillsbury (the Pillsbur-ys) challenge the. revocation of their child day care license pursuant to section 402.310 . . .

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

. . . The authority for HRS to suspend appellant’s license is found in sections 402.3055, 402.310, and 402.312 . . . license exist, it shall determine the matter in accordance with procedures prescribed in chapter 120.” § 402.310 . . . 402.3055(5), to deny, suspend, or revoke a license or to pursue other remedies provided in sections 402.310 . . . department ... and the procedure for hearing for applicants and licensees shall be in accordance with s. 402.310 . . . See sections 402.-3055 and 402.310, Florida Statutes (1985). . . .