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. 402.312

402.312 License required; injunctive relief.—

(1) The operation of a child care facility without a license, a family day care home without a license or registration, or a large family child care home without a license is prohibited. If the department or the local licensing agency discovers that a child care facility is being operated without a license, a family day care home is being operated without a license or registration, or a large family child care home is being operated without a license, the department or local licensing agency is authorized to seek an injunction in the circuit court where the facility is located to enjoin continued operation of such facility, family day care home, or large family child care home. When the court is closed for the transaction of judicial business, the department or local licensing agency is authorized to seek an emergency injunction to enjoin continued operation of such unlicensed facility, unregistered or unlicensed family day care home, or unlicensed large family child care home, which injunction shall be continued, modified, or revoked on the next day of judicial business.

(2) Other grounds for seeking an injunction to close a child care facility, family day care home, or a large family child care home are that:

(a) There is any violation of the standards applied under ss. 402.301-402.319 which threatens harm to any child in the child care facility, a family day care home, or large family child care home.

(b) A licensee or registrant has repeatedly violated the standards provided for under ss. 402.301-402.319.

(c) A child care facility, family day care home, or large family child care home continues to have children in attendance after the closing date established by the department or the local licensing agency.

(3) The department or local licensing agency may impose an administrative fine on any child care facility, family day care home, or large family child care home operating without a license or registration, consistent with the provisions of s. 402.310.

History.—s. 12, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 4, 6, 7, ch. 83-248; s. 11, ch. 84-551; s. 61, ch. 90-306; ss. 1, 2, ch. 93-115; s. 2, ch. 2003-131.

F.S. 402.312 on Google Scholar

F.S. 402.312 on Casetext

Amendments to 402.312

Arrestable Offenses / Crimes under Fla. Stat. 402.312

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.312.

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)

. . . . §§ 402.308(1), 402.312(1), Fla. Stat. (2013). . . .

ARRIS GROUP, INC. v. BRITISH TELECOMMUNICATIONS PLC,, 639 F.3d 1368 (Fed. Cir. 2011)

. . . . § 402.312(3), a customer without an indemnity contract may nonetheless seek indemnification from a . . .

WS PACKAGING GROUP, INC. v. GLOBAL COMMERCE GROUP, LLC,, 505 F. Supp. 2d 561 (E.D. Wis. 2007)

. . . . § 402.312(3) (“Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the . . .

ENVIREX, INC. v. K. H. SCHUSSLER FUR UMWELTTECHNIK GMBH, WDS-, 832 F. Supp. 1293 (E.D. Wis. 1993)

. . . . § 402.312(3). . . .

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 . . . 5), to deny, suspend, or revoke a license or to pursue other remedies provided in sections 402.310, 402.312 . . .

VON WEZYK, d b a v. MARKO III, 468 So. 2d 1121 (Fla. Dist. Ct. App. 1985)

. . . petitioners from operating a day care facility without a license as is required by state statute, section 402.312 . . .

In KOHL, LADER S TIFFANY FEED SUPPLY CO. INC. v. KOHL, a k a K. a k a f d b a T K, 11 B.R. 470 (Bank. W.D. Wis. 1981)

. . . . § 402.312 states in pertinent part: 402.312 Warranty of title and against infringements; buyer's obligation . . . Stats. § 402.312 applies to the facts of this case. . . . Wis.Stats. § 402.312 states that the warranty applies unless excluded or modified by specific language . . . crops were not free from a security interest, lien or encumbrance, the warranty under Wis.Stats. § 402.312 . . . Wisconsin has adopted this section of the U.C.C. in Wis.Stats. § 402.312(1)(b). . . .