CopyCited 4 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 23751, 2004 WL 213179
...dult/child day care centers" ( see OCC § 38-77, Use Table at 2826). The "family day care homes" that are permitted without a special exception in an R-1A zone are defined in the Code as follows: Family day care home, as defined in [Florida Statute] § 402.302(5), shall mean a residence in which child care is regularly provided for no more than ten (10) children....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 246
...for the care and protection of children in child care facilities, and to ensure protection of children in child care facilities and encourage and assist in the improvement of child care programs. The statutory definition of "child care facility" in section 402.302(4) includes the facility operated by Anderson....
...During the 1985 regular session, the legislature again considered the broad subject of child abuse in Florida. In chapter 85-54, Laws of Florida, the legislature made extensive changes to several chapters in Florida Statutes dealing with various aspects of child abuse, including chapter 402 regulating child care facilities. Section 402.302(8), defining "child care personnel," was completely rewritten to provide in pertinent part: "Child care personnel" means all owners, operators, employees, and volunteers working in a child care facility....
...Members of the operator's family, or persons residing with the operator, who are between the ages of 12 years and 18 years shall not be required to be fingerprinted, but shall be screened for delinquency records. Ch. 85-54, § 23, Laws of Fla. A new subsection 402.302(10) was added by section 23 to define "screening" as follows: "Screening" means the act of assessing the background of child care personnel and includes, but is not limited to, employment history checks, checks of references, local cr...
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2013 WL 2359077, 2013 Fla. App. LEXIS 8587, 38 Fla. L. Weekly Fed. D 1200
...first-degree felony conviction. 1 The withhold of adjudication was entered after Foster entered an open no-contest plea to the sale or possession of a controlled substance with intent to sell within 1000 feet of a school or child care facility. See § 402.302, Fla....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
...Susan Lubitz Attorney Palm Beach County Health Department 901 Evernia Street West Palm Beach, Florida 33401 Dear Secretary Pingree and Ms. Lubitz: This is in response to your request for an opinion on substantially the following question: DO THE EXEMPTIONS UNDER s. 402.302 (4), F.S., AS AMENDED, AND s....
...t, which is charged by s. 4 of Ch. 77-620, Laws of Florida, with the administrative responsibility for carrying out the duties of the Child Care Facilities Board of Palm Beach County. To the extent that the question necessarily involves the terms of s. 402.302 (4), F.S., as amended by Chs....
...84-551 and 85-54, Laws of Florida, as administered by the Department of Health and Rehabilitative Services, the department joins in the request for clarification of the exemptions provided under s. 9 of Ch. 77-620, supra, and the exception of certain facilities from the definition of "child care facility" in s. 402.302 (4)....
...and responsibilities therein. See, ss.
402.306 and
402.307 , F.S., as amended. You have informed me that the Child Care Facilities Board created by Ch. 77-620, Laws of Florida, has been approved as the local licensing agency pursuant to s.
402.307 . Section
402.302 (4), F.S., as amended by Chs....
...Secretary of Health, Education and Welfare,
299 F. Supp. 409 , 413 (D.C.N.Y. 1969) ("integral" means part of constituent component necessary or essential to complete the whole). Whether a particular child care center or arrangement constitutes an integral program for purposes of s.
402.302 (4), F.S., as amended, would appear to present a factual question which can only be reached on a case-by-case basis. However, it would appear that a reading of s.
402.302 (4), as amended, in pari materia with s.
402.302 (8), F.S., as created by Ch. 84-551, supra, and amended by Ch. 85-54, supra, sheds additional light on the scope of regulation mandated by the Legislature. Although s.
402.302 (8) generally defines "child care personnel" to mean "all owners, operators, employees, and volunteers working in a child care facility" (e.s.), that section goes on to provide more specifically and particularly that For purposes of screen...
...Fla., 1966); 82 C.J.S. Statutes s. 343 (words in statute should not be construed as surplusage). I am therefore of the view that the exemption of public schools and nonpublic schools and their integral programs from the definition of "child care facility" at s. 402.302 (4), F.S., as amended, extends and applies to child care programs which provide care for children 15 hours or more each week in public or nonpublic schools, since the specific and express inclusion by s. 402.302 (8), F.S., as amended, of persons who work in such programs within the definition of "child care personnel" for purposes of screening only would be rendered mere surplusage if such programs were already included within the definition of "child care facility" and its personnel subject to regulation....
...402.316 (1), F.S., as amended, providing that ss.
402.301 -
402.319 do not apply to a child care facility which is an integral part of certain church and parochial schools "except for the requirements regarding screening of child care personnel." And see, s.
402.302 (10), F.S., as created by s....
...402.305 (1)(a), F.S., as amended by s. 24, Ch. 85-54, establishing minimum standards for screening; and s.
402.3055 (3), F.S., as amended, by s. 25 Ch. 85-54, providing for submission of fingerprints by child care personnel in a facility or "other child care programs." However, since s.
402.302 (8), F.S., as amended, provides that the term "child care personnel" "does not include public or nonpublic school personnel who are providing care during regular school hours, or after hours for activities related to a school's program for...
...As to the effect of Ch. 77-620, Laws of Florida, it would appear that the legislative intent at the time of enactment of the special act was to exempt public and nonpublic schools in Palm Beach County to the same extent as the existing general law. See, s. 402.302 (4), F.S....
...Accordingly, I am unable to conclude that such exception authorizes the Palm Beach County Child Care Facilities Board to regulate public or nonpublic schools otherwise exempted from the provisions of Ch. 77-620, supra. However, since state minimum standards for "child care personnel" as defined by s. 402.302 (8), F.S., as amended, must be met or exceeded by standards of the Palm Beach County Child Care Facilities Board pursuant to subsection 1....
...iew that the Palm Beach County Child Facilities Board is authorized to regulate such personnel for purposes of screening. In sum, then, and unless and until legislatively or judicially determined otherwise, it is my opinion that the exemptions under s. 402.302 (4), F.S., as amended by Chs....
CopyPublished | Florida 1st District Court of Appeal
...(“Mid Florida”) is required to obtain a
child care license for each of its five Head Start ESE Blended
Classrooms operated pursuant to a cooperative agreement with
the Volusia County School District (“VCS”). Because the blended
classroom sites were entitled to an exemption from licensure under
sections 402.302(2) and 402.3025(1), Florida Statutes (2017), we
reverse.
I.
Mid Florida is a private, not-for-profit Florida corporation
operating a variety of social service and early education programs,
including twenty “Head Star...
...not VCS students but are eligible to enroll in a Head Start
program.
The cooperative agreement states in part:
The joint programs authorized by this Agreement
constitute integral programs of the School Board of
Volusia County for purposes of section 402.302(2),
Florida Statutes for the following reasons:
a....
...that the five blended classrooms sites are “integral programs” of
VCS and are “directly operated and staffed” by VCS. As such, the
judge held that the blended classroom sites are entitled to an
exemption from licensure as childcare facilities under section
402.302(2).
The agency’s final order granted most of DCF’s exceptions to
the recommended order and ultimately concluded that the blended
classroom sites must be licensed as childcare facilities....
...A childcare facility is defined as “any child care
center or child care arrangement which provides child care for
more than five children unrelated to the operator and which
receives a payment, fee, or grant for any of the children receiving
care, wherever operated, and whether or not operated for profit.” §
402.302(2), Fla. Stat. Section 402.302(2)(a) excludes from that
4
definition: “Public schools . . . and their integral programs, except
as provided in s. 402.3025.”
Section 402.3025 provides exemptions from licensure as a
child care facility....
...schools and provided the programs meet age-
appropriate standards as adopted by the State Board of
Education.
(emphasis added).
Mid Florida argues, in part, that DCF’s interpretation of the
phrase “operated and staffed directly by the schools” as used in
section 402.3025(1)(a)2....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
not subject to licensure as child care. 5 Section
402.302(2), Fla. Stat. 6 See also, s.
402.316, Fla
CopyPublished | Supreme Court of Florida
...power to control the substance or the present ability to direct its control by
another.
Joint possession. Give if applicable.
Possession of a substance may be sole or joint, that is, two or more
persons may possess a substance.
Child care facility. § 402.302, Fla....
CopyPublished | Supreme Court of Florida
...[he] [she]
- 20 -
had joint control over the place where the substance was located, and the
substance was located in a common area in plain view and in the presence of
the defendant.
Child care facility. § 402.302, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 1020037, 2012 Fla. App. LEXIS 4861
...itutional statutory scheme. As to Point 1, the state properly concedes in its answer brief that the evidence adduced at trial was insufficient to establish that the defendant delivered cocaine within 1000 feet of a child care facility, as defined in section 402.302, Florida Statutes....
...lity “provides child care for more than five children unrelated to the operator” and that the facility “receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.” See § 402.302(2), Fla....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 608, 1986 Fla. App. LEXIS 7468
...39.01(2) and (7).” It urges that “judicially determined” cannot also qualify phrase [2] “to have a substantiated indicated report of abuse” because such indicated report would be discovered through the abuse registry clearance of a person, as provided in section 402.302(10), Florida Statutes (1985), and no mechanism exists under the statute for judicial determination in this context....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1753, 1987 Fla. App. LEXIS 9449
...The Department of Health and Rehabilitative Services (HRS) appeals a final order determining that Fla.Admin.Code Rule 10M-12.001, a proposed rule amendment which defines the term “integral programs” as it is used in the statutory definition of “child care facilities” of § 402.302 Fla.Stat. (1985), constitutes an arbitrary and invalid exercise of delegated legislative authority. We affirm. Chapter 402, Florida Statutes, provides for the licensure of child care facilities by the state. Section 402.302(4), Fla.Stat....
...HRS undertook to define the term “integral programs” as it is used in the statute, and promulgated a proposed amendment to Fla.Admin.Code Rule 10M-12.001 which provides: (b) Public and nonpublic schools and their integral programs are not child care facilities as defined in Section 402.302(4) Florida Statutes, and are not subject to licensure....
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 13389, 2014 WL 4242806
...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, but is ultimately responsible for the care, protection, and supervision of the children entrusted to it....
...es the phrase “child care personnel shall remain responsible for the supervision of children in care” insulates All Saints from responsibility for mistakes by staff which compromise supervision of the children entrusted to the facility. However, section 402.302(3), Florida Statutes, defines “child care personnel” as “all owners, operators, employees, and volunteers working' in a child care facility.” Accordingly, licensed owners and operators are not only required to administer their...
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
Sincerely, Charlie Crist Attorney General CC/tls 1 Section
402.302(10), Fla. Stat., defines "[l]ocal licensing
CopyPublished | Supreme Court of Florida
...substance and had the power and intention to control it if [he] [she] had joint
control over the place where the substance was located, and the substance was
located in a common area in plain view and in the presence of the defendant.
Child care facility. § 402.302, Fla....
