eLaws of Florida

  SECTION 402.3025. Public and nonpublic schools.  


Latest version.
  • 1For the purposes of ss. 6402.3017-8402.319, 9the following shall apply:
    13(1) 14PUBLIC SCHOOLS.16-
    17(a) 18The following programs for children shall not be deemed to be child care and shall not be subject to the provisions of ss. 41402.30142-43402.31944:
    451. 46Programs for children in 5-year-old kindergarten and grades one or above.
    572. 58Programs for children who are at least 3 years of age, but who are under 5 years of age, provided the programs are operated and staffed directly by the schools and provided the programs meet age-appropriate standards as adopted by the State Board of Education.
    1033. 104Programs for children under 3 years of age who are eligible for participation in the programs under the existing or successor provisions of Pub. L. No. 94-142 or Pub. L. No. 99-457, provided the programs are operated and staffed directly by the schools and provided the programs meet age-appropriate standards as adopted by the State Board of Education.
    162(b) 163The following programs for children shall be deemed to be child care and shall be subject to the provisions of ss. 184402.301185-186402.319187:
    1881. 189Programs for children who are under 5 years of age when the programs are not operated and staffed directly by the schools.
    2112. 212Programs for children under 3 years of age who are not eligible for participation in the programs under existing or successor provisions of Pub. L. No. 94-142 or Pub. L. No. 99-457.
    244(c) 245The monitoring and enforcement of compliance with age-appropriate standards established by rule of the State Board of Education shall be the responsibility of the Department of Education.
    272(2) 273NONPUBLIC SCHOOLS.275-
    276(a) 277Programs for children under 3 years of age shall be deemed to be child care and subject to the provisions of ss. 299402.301300-301402.319302.
    303(b) 304Programs for children in 5-year-old kindergarten and grades one or above shall not be deemed to be child care and shall not be subject to the provisions of ss. 333402.301334-335402.319336.
    337(c) 338Programs for children who are at least 3 years of age, but under 5 years of age, shall not be deemed to be child care and shall not be subject to the provisions of ss. 373402.301374-375402.319 376relating to child care facilities, provided the programs in the schools are operated and staffed directly by the schools, provided a majority of the children enrolled in the schools are 5 years of age or older, and provided there is compliance with the screening requirements for personnel pursuant to s. 426402.305 427or s. 429402.3057430. A nonpublic school may designate certain programs as child care, in which case these programs shall be subject to the provisions of ss. 454402.301455-456402.319457.
    458(d)1. 459Programs for children who are at least 3 years of age, but under 5 years of age, which are not licensed under ss. 482402.301483-484402.319 485shall substantially comply with the minimum child care standards promulgated pursuant to ss. 498402.305499-500402.3057501.
    5022. 503The department or local licensing agency shall enforce compliance with such standards, where possible, to eliminate or minimize duplicative inspections or visits by staff enforcing the minimum child care standards and staff enforcing other standards under the jurisdiction of the department.
    5443. 545The department or local licensing agency may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes:
    570a. 571To protect the health, sanitation, safety, and well-being of all children under care.
    584b. 585To enforce its rules and regulations.
    591c. 592To use corrective action plans, whenever possible, to attain compliance prior to the use of more restrictive enforcement measures.
    611d. 612To make application for injunction to the proper circuit court, and the judge of that court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of ss. 661402.301662-663402.319664. Any violation of this section or of the standards applied under ss. 677402.305678-679402.3057 680which threatens harm to any child in the school’s programs for children who are at least 3 years of age, but are under 5 years of age, or repeated violations of this section or the standards under ss. 718402.305719-720402.3057, 721shall be grounds to seek an injunction to close a program in a school.
    735e. 736To impose an administrative fine, not to exceed $100, for each violation of the minimum child care standards promulgated pursuant to ss. 758402.305759-760402.3057761.
    7624. 763It is a misdemeanor of the first degree, punishable as provided in s. 776775.082 777or s. 779775.083, 780for any person willfully, knowingly, or intentionally to:
    788a. 789Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any required written documentation for exclusion from licensure pursuant to this section a material fact used in making a determination as to such exclusion; or
    827b. 828Use information from the criminal records obtained under s. 837402.305 838or s. 840402.3055 841for any purpose other than screening that person for employment as specified in those sections or release such information to any other person for any purpose other than screening for employment as specified in those sections.
    8775. 878It is a felony of the third degree, punishable as provided in s. 891775.082, 892s. 893775.083, 894or s. 896775.084, 897for any person willfully, knowingly, or intentionally to use information from the juvenile records of any person obtained under s. 917402.305 918or s. 920402.3055 921for any purpose other than screening for employment as specified in those sections or to release information from such records to any other person for any purpose other than screening for employment as specified in those sections.
    958(e) 959The department and the nonpublic school accrediting agencies are encouraged to develop agreements to facilitate the enforcement of the minimum child care standards as they relate to the schools which the agencies accredit.
    992(3) 993INSPECTION FEE.995-996The department shall establish a fee for inspection activities performed pursuant to this section, in an amount sufficient to cover costs. However, the amount of such fee for the inspection of a school shall not exceed the fee imposed for child care licensure pursuant to s. 1042402.3151043.
History.-s. 3, ch. 88-391; s. 1, ch. 89-296; s. 35, ch. 90-347; ss. 1, 2, ch. 93-115; s. 94, ch. 2000-349; s. 50, ch. 2013-18.

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