Florida Statute 402.310 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS

View Entire Chapter

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 CourtListener

Amendments to 402.310

Annotations, Discussions, Cases:

Cases Citing Statute 402.310

Total Results: 8 | Sort by: Relevance | Newest First

Copy

Pillsbury v. State, Dept. of Health, 744 So. 2d 1040 (Fla. 2d DCA 1999).

Cited 9 times | Published | Florida 2nd District Court of Appeal | 1999 WL 606872

...Douglas A. Wallace and Earl W. Baden, Jr., Bradenton, for Appellants. Raymond R. Deckert, Tampa, for Appellee. QUINCE, PEGGY A., Associate Judge. Elmer and Karen Pillsbury (the Pillsburys) challenge the revocation of their child day care license pursuant to section 402.310, Florida Statutes (1995), and rule 10M-12.011, Florida Administrative Code....

Copy

3B TV, INC. v. State, Off. of Atty. Gen., 794 So. 2d 744 (Fla. 1st DCA 2001).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2001 WL 1110559

...Each day during any portion of which such violation occurs constitutes a separate offense."); section 364.285(1), Florida Statutes ("The commission shall have the power to impose... a penalty for each offense of not more than $25,000.... Each day that such refusal or violation continues constitutes a separate offense."); section 402.310(1)(a), Florida Statutes ("fine not to exceed $100 per violation, per day"); section 400.419(1)(c), Florida Statutes ("Each day during which any person violates any such provision after the date fixed for termination of the violation,...

Copy

Anderson v. Dept. of H & R. Servs., 482 So. 2d 491 (Fla. 1st DCA 1986).

Cited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 246

...985). The emergency order took effect immediately, causing appellant to cease operations and close the facility. Consequently, we have ordered this appeal expedited. The authority for HRS to suspend appellant's license is found in sections 402.3055, 402.310, and 402.312....

...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....

...Stat. (1983). That section also provided that "when the Department has reasonable cause to believe that grounds for the denial or revocation of a license exist, it shall determine the matter in accordance with procedures prescribed in chapter 120." § 402.310(2), Fla....

...isions relating to submission and processing of fingerprints and criminal checks of child care personnel. It explicitly authorizes HRS, in subsection 402.3055(5), to deny, suspend, or revoke a license or to pursue other remedies provided in sections 402.310, 402.312, or 402.319, in addition to or in lieu of denial, suspension, or revocation for failure to comply with this section. Subsection (5)(a) mandates that: The disciplinary actions determination to be made by the department ... and the procedure for hearing for applicants and *498 licensees shall be in accordance with s. 402.310....

...esence at the facility violates the statute. The power of HRS to issue an emergency order suspending appellant's license must be exercised in strict compliance with sections 120.60(8) and 120.54(9), Florida Statutes (1985). See sections 402.3055 and 402.310, Florida Statutes (1985)....

Copy

Pillsbury v. State, Dep't of Health & Rehabilitative Servs., 705 So. 2d 32 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 14998, 1998 WL 34796

QUINCE, Judge. Elmer and Karen Pillsbury (the Pillsbur-ys) challenge the. revocation of their child day care license pursuant to section 402.310, Florida Statutes (1995), and rule 10 M-12.011, Florida Administrative Code....

Copy

Davis Fam. Day Care Home v. Dep't of Child. & Fam. Servs., 117 So. 3d 464 (Fla. 2d DCA 2013).

Published | Florida 2nd District Court of Appeal | 2013 WL 3724769, 2013 Fla. App. LEXIS 11248

...l application for a large family child care home license. See generally §§ 402.308(1), .310(3). DCF proposed to deny the large family child care home license based on alleged violations of the Florida Administrative Code and under the authority of section 402.310, “Disciplinary actions; hearings upon denial, suspension, or revocation of license or registration; administrative fines.” The proposed denial advised the Daycare that “[t]his letter is considered an administrative complaint of...

...The large family day care license is, in effect, a “step up” from the family day care home license. And here, the denial of the initial large family day care license is a disciplinary action for violations allegedly committed under the family day care home license. The statute relied upon by DCF in its proposed denial, section 402.310, provides that DCF “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: ... (3) Deny, suspend, or revoke a license or registration.” § 402.310(l)(a)(3). It also states that “[w]hen the department has reasonable cause to believe that grounds exist for the denial ... it shall determine the matter in accordance with procedures prescribed in chapter 120.” § 402.310(2)....

...ry proceedings in chapter 120, it has done so in other statutes where disciplinary proceedings are governed by chapter 120. See, e.g., §§ 456.50(2); 459.015(3), Fla. Stat. (2010). Unfortunately, the legislature did not provide a burden of proof in section 402.310....

Copy

All Saints Early Learning & Cmty. Care Ctr., Inc. v. Dep't of Child. & Families, 145 So. 3d 974 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 13389, 2014 WL 4242806

...implemented by rule 65C-22.001(5)(a), Florida Administrative Code, by failing to provide the required level of supervision of a child in its care. DCF imposed an administrative fine of $500.00. All Saints’ license was not revoked or suspended. See § 402.310(l)(a)l., Fla....

...In addition to the stipulated facts adopted in the Recommended Order, the hearing officer added a finding that “[b]ut for the quick actions of a passerby, the child could have been killed, kidnapped, or seriously injured.” The hearing officer’s conclusions of law referred to section 402.310(1) for the agency’s authority to impose an administrative fine up to $500 for a violation which “could or does cause death or serious harm” and referred to rule 65C-22.001(5)(a) and CF-FSP Form 5316, deeming a violation of super...

...Common law legal theories and causes of action for civil tort lawsuits, such as strict liability, vicarious liability, and re-spondeat superior, are not directly applicable to these administrative licensing and regulatory proceedings, which are established and governed by statute. 3 DCF’s cause of action is set out in section 402.310, Florida Statutes, and the process due in these administrative proceedings is codified in sections 120.569, 120.57, 120.60, and 120.68, Florida Statutes....

...The legislature clearly intended All Saints, as a licensed child care facility, to be ultimately responsible for the safety of the children in its care. 4 We find that DCF properly held All Saints responsible for the incident and, after considering the factors listed in section 402.310(l)(b), imposed an administrative fine as authorized by section 402.310(l)(a)l....

...for the actions or inaction of its employees in carrying out child care responsibilities. Analogizing to another negligence term — negligence per se — the dangerous situation presented in this case was just the sort of harm sections 402.305 and 402.310 were enacted to prevent and address.

Copy

Oakcrest Early Educ. Ctr. v. Dcf, 936 So. 2d 1174 (Fla. 5th DCA 2006).

Published | Florida 5th District Court of Appeal | 2006 WL 2447446

...s it. Section 120.06(6) gained ascendancy to become the controlling legislative authority regarding the basic procedural requirements to summarily suspend or revoke a license to operate a child day care when the Legislature enacted the provisions of section 402.310, Florida Statutes....

...The latter statute is part of the chapter governing day care facilities and the licensing thereof, and it allows the Department to suspend *1177 a day care's license for the violation of any of chapter 402's provisions, including the section governing a day care's accountability for children being transported by it. § 402.310(1), Fla. Stat. (2005). Section 402.310(2) requires the Department to "determine the matter in accordance with procedures prescribed in chapter 120." § 402.310(2), Fla....

Copy

Ago (Fla. Att'y Gen. 2003).

Published | Florida Attorney General Reports

from a hearing officer appointed pursuant to section 402.310(3), Florida Statutes? You state that the Pinellas

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.