Florida/Georgia Personal Injury & Workers Compensation

...Vann, 650 So.2d 658, 660 (Fla. 1st DCA), adopted in Vann v. State, Department of Corrections, 662 So.2d 339 (Fla.1995). The Florida Legislature, however, has imposed a statutory duty on HRS to ensure "the care and protection of children in child day care facilities." § 402.301(1), Fla....

...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)....

...t's husband, Charles N. Anderson. The contemporaneously issued administrative complaint alleges that Anderson's Child Care Center is, in three respects, operating in violation of the minimum standards of a child care facility established in sections 402.301 through 402.319, Florida Statutes, and chapter 10M-12, Florida Administrative Code: (1) violation of the minimum standards with respect to employment of personnel having good moral character in that personnel of the facility includes a family...

...ns hereafter discussed, be able to uphold the order. The statutory authority for HRS to suspend Anderson's license has been substantially modified in the last two years. Prior to 1984, the operation of child care facilities was regulated by sections 402.301-402.316, Florida Statutes (1983). Section 402.301 set forth the legislative intent and declaration of purpose and policy to protect the health, safety, and well-being of the children of this state, to establish statewide minimum standards for the care and protection of children in ch...

...edures for issuing licenses to such facilities. Chapter 402 likewise contained explicit authority for HRS to "deny or revoke a license or impose an administrative fine not to exceed $100 per violation, per day, for the violation of any provision of ss. 402.301-402.316 or rules adopted thereunder." § 402.310(1)(a), Fla....

...ained no explicit provisions for the emergency suspension of licenses by issuance of summary orders. During a special session of the legislature in December 1984, chapter 402 was significantly amended by chapter 84-551, Laws of Florida. For example, section 402.301 was amended to make clear "the intent of the Legislature that all owners, operators, and child care personnel shall be of good moral character." Ch....

...Michael's Academy, Inc. ("St. Michael's"), is a licensed child care facility operating in Miami-Dade County. On March 25, 2007, the Department of Children and Families ("DCF") issued an Emergency Order of Suspension (the "order") for alleged violations of section 402.301, et seq., Florida Statutes, and Chapter 65C-22, Florida Administrative Code....

...To support his position, Yeoman notes that some practice acts requiring licensure include a "good moral character" licensing standard but do not contain an absolute bar to licensure due to felonies, first-degree misdemeanors, or lack of civil rights. See, e.g., § 400.071(3), Fla. Stat. (2004) (nursing home license); § 402.301(2), Fla....

...Based on Trianon, the trial court and the First District concluded that HRS was immune despite a statutory duty imposed by the Legislature upon HRS to ensure 28 “the care and protection of children in child care facilities.” Brown, 690 So. 2d at 644 (quoting § 402.301(1), Fla....

which the questioned language was added to section 402.301, Florida Statutes, is entitled "An act relating

...B & D filed this suit seeking declaratory and injunctive relief challenging the constitutionality of Florida Statutes § 402.316. That Statute exempts all Florida child care facilities which are an integral part of church or parochial schools from the Florida licensing standards contained in Florida Statutes §§ 402.301-402.319, and the administrative regulations promulgated thereunder....

...f the First Amendment, and denies equal protection of the laws to child care facilities not religiously sponsored in violation of the Fourteenth Amendment. B & D also asserts pendent state claims based on the Florida Constitution. Florida Statutes §§ 402.301-402.319, and the administrative rules promulgated by HRS, are part of a comprehensive regulatory scheme that sets forth detailed safety and health standards Florida child care facilities must meet in order to obtain a license to operate....

...Child care facilities which are an integral part of a church or parochial school do 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. 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, o...

...iated with the Catholic Church, the Baptist Church, the Methodist Church, or make any type of denominational preference. It merely provides that a child care facility is exempt if it is "an integral part of church or parochial schools." In addition, § 402.301(5) provides "[i]t is the further legislative intent that the freedom of religion of all citizens shall be inviolate." This statutory expression evidences Florida's intention to refrain from imposing governmental regulation, avoiding any in...

counties. 5 See, s. 402.302(7), Fla. Stat. 6 Section 402.301, Fla. Stat. 7 See, ss. 402.302(4) and 402.305(1)(c)

...Fla. Stat. The legislature has enacted statutes governing childcare facilities with the “intent to protect the health, safety, and well-being of the children of the state and to promote their emotional and intellectual development and care.” § 402.301, Fla. Stat. Toward that end, the legislature has expressed that all “child care personnel shall be of good moral character.” § 402.301(2), Fla....

...see under chapter 402, Florida Statutes, that the failure in supervision by staff was a “class I violation” impacting All Saints’ Gold Seal designation under section 402.281, Florida Statutes, and that DCF intended to impose a fine pursuant to section 402.301....

...The cases relied on by All Saints are not controlling here because the regulated activities and statutes governing those industries are not comparable to chapter 402 and the operation of child care facilities. The stated legislative intent in sections 402.26 1 and 402.301 2 , and the definitions set out in section 402.302, clearly establish that a licensed child care facility is responsible not only for administration of the facilities in compliance with the standards set out by statute and administrative rule...

...supervision of the children entrusted to it. It follows that as licensees they are subject to administrative sanctions for employees’ lapses in supervision at the licensed facility which endanger a child. To carry out the legislative directive in section 402.301(l)(a) to establish standards addressing the health and safety for the children in daycare, DCF has promulgated rule 650-22.001(5), which provides: (5) Supervision....

...al development of the child. (4) It is also the intent of the Legislature to promote the development of child care options in the private sector and disseminate information that will assist the public in determining appropriate child care options. . Section 402.301 provides in part: 402.301....

...Child care facilities; legislative intent and declaration of purpose and policy — It is the legislative intent to protect the health, safety, and well-being of the children of the state and to promote their emotional and intellectual development and care. Toward that end: (1) It is the purpose of ss. 402.301-402.319 to establish statewide minimum standards for the care and protection of children in child care facilities, to ensure maintenance of these standards, and to approve county administration and enforcement to regulate conditions in such facilities through a program of licensing....

...fire prevention segment of the code or as an additional or more stringent requirement than that specified in the State Minimum Building Code adopted by the city, or whether separately adopted by the city under the police power. QUESTION ONE Sections 402.301 - 402.316 , F.S., Florida's Child Care Licensing Act, establish the licensing procedures for child care facilities....

...The purpose of this act is to establish statewide minimum standards for the care and protection of children in child care facilities and to approve county administration and enforcement to regulate conditions in such facilities through a program of licensing. Section 402.301 , F.S....

...10M-12, F.A.C., implement and provide for the minimum standards in the areas specified in subsections (1)-(6) of s 402.305 , F.S. An examination of the child care licensing act and the legislation creating and amending the act (Chs. 74-113 and 83-248, Laws of Florida) illustrates that the provisions of ss 402.301 - 402.316 , F.S., relate specifically to the licensing of child care facilities and that the administration and enforcement by the county or its designated licensing agency or the Department of Health and Rehabilitative Services of the rules...

...ht of licensees to engage in this business. See, e.g., the title to Ch. 74-113, Laws of Florida, which provides that it is "[a]n act . . . requiring licenses for child care facilities; . . . providing for state minimum licensing standards; . . ."; s 402.301 , F.S., stating that it is the legislative intent "to ensure maintenance of these standards [as prescribed in the act], and to approve county administration and enforcement to regulate conditions in such facilities through a program of licensing ....

...he licensing of child care facilities and do not authorize or empower a county or the department to enforce fire safety or fire protection codes. Compare, s 402.310 , F.S., providing for disciplinary actions for the violation of the provisions of ss 402.301 - 402.316 , F.S., or the rules adopted thereunder and s 402.311 , F.S., regarding the inspection of licensed child care facilities, with s 633.121 , F.S., setting forth the persons who are authorized to enforce the state fire prevention and c...

...ity, and safety, or otherwise safer conditions than the minimum requirements specified in this chapter." (e.s.) It would appear that Rule Ch. 4A-36, F.A.C., operates to establish the state minimum standards for child care facilities referred to in s 402.301 , F.S., and which the Department of Health and Rehabilitative Services or the county or its duly designated licensing agency are required to adopt and enforce....

...Health and Rehabilitative Services. QUESTION TWO Your second question will not be addressed as it is premised on an affirmative answer to your first question. Therefore, it is my opinion until legislatively or judicially determined otherwise that ss 402.301 - 402.316 , F.S., and Ch....

...tate or county government the authority to establish fire safety standards or other police regulations for child day care centers or other child care facilities. Rather, the fire safety and other standards imposed on such child care facilities by ss 402.301 - 402.316 , F.S., Ch....

standards in the county to the department. 2 Section 402.301(1), Fla. Stat. 3 Section 402.310(1)(a), Fla