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Florida Statutes, Title XXIX

Florida/Statutes

← All Florida coverage

Title XXIX, Public Health

23 chapters · 1,503 sections in this title.

All chapters in Title XXIX1,503 Ch 403, Environmental Control335 Ch 400, Nursing Homes and Related Health Car…178 Ch 381, Public Health: General Provisions160 Ch 394, Mental Health126 Ch 397, Substance Abuse Services81 Ch 395, Hospital Licensing and Regulation79 Ch 408, Health Care Administration76 Ch 402, Health and Human Services: Miscellan…75 Ch 383, Maternal and Infant Health Care59 Ch 401, Medical Telecommunications and Trans…53 Ch 388, Mosquito Control39 Ch 393, Developmental Disabilities36 Ch 406, Medical Examiners; Disposition of Hu…30 Ch 382, Vital Statistics28

75 sections·Filtered byTitle XXIX✕Ch 402✕

Fla. Stat. § 402.04 Award of scholarships and stipends; disbursement of funds; administration
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The award of scholarships or stipends provided for herein shall be made by the Department of Children and Families, hereinafter referred to as the department. The department shall handle the administration of the scholarship or stipend and the Department of Education shall, for a…
Fla. Stat. § 402.05 Requisites for holding scholarship and stipend
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Scholarships or stipends are to be awarded only to such residents of the state as intend to make psychiatric social work, psychiatry, psychiatric nursing, and clinical psychology their professions. Among other essential requisites for holding a scholarship or stipend hereunder ar…
Fla. Stat. § 402.06 Notes required of scholarship holders
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Each person who receives a scholarship or stipend as provided for in this chapter shall execute a promissory note under seal, on forms to be prescribed by the Department of Education, which shall be endorsed by his or her parent or guardian or, if the person is 18 years of age or…
Fla. Stat. § 402.07 Payment of notes
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Prior to the award of a scholarship or stipend provided herein for trainees in psychiatric social work, psychiatry, clinical psychology, or psychiatric nursing, the recipient thereof must agree in writing to practice his or her profession in the employ of any one of the following…

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Fla. Stat. § 402.115 Sharing confidential or exempt information

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Notwithstanding any other provision of law to the contrary, the Department of Health, the Department of Children and Families, and the Agency for Persons with Disabilities may share confidential information or information exempt from disclosure under chapter 119 on any individual…

Fla. Stat. § 402.12 National Community Mental Health Centers Act

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Any federal funds accruing to the state for the purposes of carrying out the national Community Mental Health Centers Act of 1963 shall be paid to the Department of Children and Families for expenditure as directed by said department.History.—s. 1, ch. 63-305; ss. 19, 35, ch. 69-…

Fla. Stat. § 402.16 Proceedings by department

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(1) Whenever it becomes necessary for the welfare and convenience of any of the institutions now under the supervision and control of the Department of Children and Families, or which may hereafter be placed under the supervision and control of said department, to acquire private…

Fla. Stat. § 402.161 Authorization for sale of property

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(1) The Department of Children and Families is authorized to sell any real or personal property that it acquired by way of donation, gift, contribution, bequest, or devise from any person, persons, or organizations when such real or personal property is determined by the departme…

Fla. Stat. § 402.164 Legislative intent; definitions

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(1)(a) It is the intent of the Legislature to use citizen volunteers as members of the Florida Statewide Advocacy Council and the Florida local advocacy councils, and to have volunteers operate a network of councils that shall, without interference by an executive agency, underta…

Fla. Stat. § 402.165 Florida Statewide Advocacy Council; confidential records and meetings

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(1) The Florida Statewide Advocacy Council shall be located in the Executive Office of the Governor but may be assigned by the Governor for administrative support purposes to any Governor’s agency. Members of the council shall represent the interests of clients who are served by …

Fla. Stat. § 402.166 Florida local advocacy councils; confidential records and meetings

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(1) The local councils are subject to direction from and the supervision of the statewide council. The statewide council shall assign staff to provide support to the local councils. The number and areas of responsibility of the local councils, not to exceed 46 councils statewide,…

Fla. Stat. § 402.167 Duties of state agencies that provide client services relating to the Florida Statewide Advocacy Council and the Florida local advocacy councils

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The secretaries or directors of the state agencies shall ensure the full cooperation and assistance of employees of their respective state agencies with members and staff of the statewide and local councils. The secretary or director of each state agency providing client services…

Fla. Stat. § 402.17 Claims for care and maintenance; trust property

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The Department of Children and Families and the Agency for Persons with Disabilities shall protect the financial interest of the state with respect to claims that the state may have for the care and maintenance of clients of the department or agency. The department or agency shal…

Fla. Stat. § 402.18 Welfare trust funds; creation, use

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(1) All moneys now held in any auxiliary, canteen, welfare, donated, or similar fund in any state institution under the jurisdiction of the Department of Children and Families shall be deposited in a welfare trust fund, which fund is hereby created in the State Treasury, or in a …

Fla. Stat. § 402.181 State Institutions Claims Program

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(1) There is created a State Institutions Claims Program, for the purpose of making restitution for property damages and direct medical expenses for injuries caused by shelter children or foster children, or escapees, inmates, or patients of state institutions or developmental di…

Fla. Stat. § 402.185 Productivity enhancing technology

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In accordance with the provisions of chapter 216, 20 percent of any unobligated General Revenue Fund or any trust fund appropriation for salaries and benefits, expenses, other personal services, operating capital outlay, and special categories remaining at the end of a fiscal yea…

Fla. Stat. § 402.19 Photographing records; destruction of records; effect as evidence

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The Department of Children and Families may authorize each of the agencies under its supervision and control to photograph, microphotograph, or reproduce on film or prints, such correspondence, documents, records, data, and other information as the department shall determine, and…

Fla. Stat. § 402.20 County contracts authorized for services and facilities for mental health and developmental disabilities

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The boards of county commissioners are authorized to provide monetary grants and facilities, and to enter into renewable contracts, for services and facilities, for a period not to exceed 2 years, with public and private hospitals, clinics, and laboratories; other state agencies,…

Fla. Stat. § 402.22 Education program for students who reside in residential care facilities operated by the Department of Children and Families or the Agency for Persons with Disabilities

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(1)(a) The Legislature recognizes that the Department of Children and Families and the Agency for Persons with Disabilities have under their residential care students with critical problems of physical impairment, emotional disturbance, mental impairment, and learning impairment.…

Fla. Stat. § 402.24 Recovery of third-party payments for medical services

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(1) As used in this section, “medical services” means medical or medically related institutional or noninstitutional services which are provided or paid for by the Department of Health, except for services provided or paid for pursuant to chapter 394 or chapter 397.(2)(a) Third-p…

Fla. Stat. § 402.26 Child care; legislative intent

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(1) The Legislature recognizes the critical importance to the citizens of the state of both safety and quality in child care. Child care in Florida is in the midst of continuing change and development, driven by extraordinary changes in demographics. Many parents with children un…

Fla. Stat. § 402.261 Child care tax credits

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1(1) For purposes of this section, the term:(a) “Department” means the Department of Revenue.(b) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.(c) “Eligible child” means the child or grandchild of an emp…

Fla. Stat. § 402.301 Child care facilities; legislative intent and declaration of purpose and policy

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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 …

Fla. Stat. § 402.302 Definitions

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As used in this chapter, the term:(1) “Child care” means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her…

Fla. Stat. § 402.3025 Public and nonpublic schools

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For the purposes of ss. 402.301-402.319, the following shall apply:(1) PUBLIC SCHOOLS.—(a) The following programs for children shall not be deemed to be child care and shall not be subject to the provisions of ss. 402.301-402.319:1. Programs for children in 5-year-old kindergarte…

Fla. Stat. § 402.3026 Full-service schools

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(1) The State Board of Education and the Department of Health shall jointly establish full-service schools to serve students from schools that have a student population that has a high risk of needing medical and social services, based on the results of the demographic evaluation…

Fla. Stat. § 402.305 Licensing standards; child care facilities

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(1) LICENSING STANDARDS.—The department shall establish licensing standards that each licensed child care facility must meet regardless of the origin or source of the fees used to operate the facility or the type of children served by the facility.(a) The standards shall be desig…

Fla. Stat. § 402.30501 Modification of introductory child care course for community college credit authorized

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The Department of Children and Families may modify the 40-clock-hour introductory course in child care under s. 402.305 or s. 402.3131 to meet the requirements of articulating the course to community college credit. Any modification must continue to provide that the course satisf…

Fla. Stat. § 402.3054 Child enrichment service providers

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(1) For the purposes of this section, “child enrichment service provider” means an individual who provides enrichment activities, such as language training, music instruction, educational instruction, and other experiences, to specific children during a specific time that is not …

Fla. Stat. § 402.3055 Child care personnel requirements

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(1) REQUIREMENTS FOR CHILD CARE PERSONNEL.—(a) The department or local licensing agency shall require that the application for a child care license contain a question that specifically asks the applicant, owner, or operator if he or she has ever had a license denied, revoked, or …

Fla. Stat. § 402.306 Designation of licensing agency; dissemination by the department and local licensing agency of information on child care

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(1)(a) Any county whose licensing standards meet or exceed state minimum standards may:1. Designate a local licensing agency to license child care facilities in the county; or2. Contract with the department to delegate the administration of state minimum standards in the county t…

Fla. Stat. § 402.307 Approval of licensing agency

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(1) Within 30 days after the promulgation of state minimum standards, each county shall provide the department with a copy of its standards if they differ from the state minimum standards. At the same time, each county shall provide the department with the administrative procedur…

Fla. Stat. § 402.308 Issuance of license

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(1) ANNUAL LICENSING.—Every child care facility in the state shall have a license which shall be renewed annually.(2) CHANGE OF OWNERSHIP.—Every child care facility shall reapply for and receive a license prior to the time a new owner assumes responsibility for the facility. The …

Fla. Stat. § 402.309 Provisional license or registration

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(1) The local licensing agency or the department, whichever is authorized to license child care facilities in a county, may issue a provisional license for child care facilities, family child care homes, or large family child care homes, or a provisional registration for family c…

Fla. Stat. § 402.310 Disciplinary actions; hearings upon denial, suspension, or revocation of license or registration; administrative fines

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(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,…

Fla. Stat. § 402.311 Inspection

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(1) A licensed child care facility shall accord to the department or the local licensing agency, whichever is applicable, the privilege of inspection, including access to facilities and personnel and to those records required in s. 402.305, at reasonable times during regular busi…

Fla. Stat. § 402.3115 Elimination of duplicative and unnecessary inspections; abbreviated inspections

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(1) The Department of Children and Families and local governmental agencies that license child care facilities shall develop and implement a plan to eliminate duplicative and unnecessary inspections of child care facilities, family child care homes, and large family child care ho…

Fla. Stat. § 402.312 License required; injunctive relief

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(1) The operation of a child care facility without a license, a family child 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 bei…

Fla. Stat. § 402.3125 Display and appearance of license; posting of violations; information to be provided to parents

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(1)(a) Upon receipt of a license issued under s. 402.308 or s. 402.309, the child care facility shall display such license in a conspicuous place within the facility.(b)1. In addition to posting the license as required under paragraph (a), the child care facility shall post with …

Fla. Stat. § 402.313 Family child care homes

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(1) Family child care homes shall be licensed under this act if they are presently being licensed under an existing county licensing ordinance or if the board of county commissioners passes a resolution that family child care homes be licensed.(a) If not subject to license, famil…

Fla. Stat. § 402.3131 Large family child care homes

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(1) Large family child care homes shall be licensed under this section.(a) A licensed family 1child care home must first have operated for a minimum of 2 consecutive years, with an operator who has had a child development associate credential or its equivalent for 1 year, before …

Fla. Stat. § 402.314 Supportive services

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The department shall provide consultation services, technical assistance, and inservice training, when requested and as available, to operators, licensees, registrants, and applicants to help improve programs, homes, and facilities for child care, and shall work cooperatively wit…

Fla. Stat. § 402.315 Funding; license fees

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(1) If the county designates a local agency to be responsible for the licensing of child care facilities, the county shall bear at least 75 percent of the costs involved.(2) The department shall bear the costs of the licensing of child care facilities when contracted to do so by …

Fla. Stat. § 402.316 Exemptions

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(1) The provisions of ss. 402.301-402.319, except for the requirements regarding screening of child care personnel pursuant to ss. 402.305 and 402.3055, do not apply to a child care facility which is an integral part of church or parochial schools conducting regularly scheduled c…

Fla. Stat. § 402.317 Prolonged child care

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Notwithstanding the time restriction specified in s. 402.302(1), child care may be provided for 24 hours or longer for a child whose parent or legal guardian works a shift of 24 hours or more. The requirement that a parent or legal guardian work a shift of 24 hours or more must b…

Fla. Stat. § 402.318 Advertisement

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A person, as defined in s. 1.01(3), may not advertise a child care facility, family child care home, or large family child care home without including within such advertisement the state or local agency license number or registration number of such facility or home. Violation of …

Fla. Stat. § 402.319 Penalties

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(1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person knowingly to:(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment …

Fla. Stat. § 402.33 Department authority to charge fees for services provided

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(1) As used in this section, the term:(a) “Benefit payments” means cash payments from retirement, survivors, or disability insurance or from supplemental security income programs, and includes, but is not limited to, payments from social security, railroad retirement, and the Uni…

Fla. Stat. § 402.34 Body corporate

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The department is a body corporate and shall adopt and have a corporate seal. It shall have the power to contract and be contracted with, to sue and be sued in actions in ex contractu but not in torts, and to have and to possess corporate powers for all purposes necessary to admi…

Fla. Stat. § 402.35 Employees

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All personnel of the Department of Children and Families shall be governed by rules and regulations adopted and promulgated by the Department of Management Services relative thereto except the director and persons paid on a fee basis. The Department of Children and Families may p…