(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 business hours, to ensure compliance with ss. 402.301-402.319. The right of entry and inspection shall also extend to any premises which the department or local licensing agency has reason to believe are being operated or maintained as a child care facility without a license, but no such entry or inspection of any premises shall be made without the permission of the person in charge thereof unless a warrant is first obtained from the circuit court authorizing such entry or inspection. Any application for a license or renewal made pursuant to this act or the advertisement to the public for the provision of child care as defined in s. 402.302 shall constitute permission for any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information submitted on or in connection with the application. In the event a licensed facility refuses permission for entry or inspection to the department or local licensing agency, a warrant shall be obtained from the circuit court authorizing entry or inspection before such entry or inspection. The department or local licensing agency may institute disciplinary proceedings pursuant to s. 402.310 for such refusal.
(2) A school readiness program provider shall accord to the department or the local licensing agency, whichever is applicable, the privilege of inspection, including access to facilities, personnel, and records, to verify compliance with the requirements of s. 1002.88. Entry, inspection, and issuance of an inspection report by the department or the local licensing agency to verify compliance with the requirements of s. 1002.88 is an exercise of a discretionary power to enforce compliance with the laws duly enacted by a governmental body.
(3) The department’s issuance, transmittal, or publication of an inspection report resulting from an inspection under this section does not constitute agency action subject to chapter 120.
History.—s. 11, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248; s. 10, ch. 84-551; s. 61, ch. 90-306; ss. 1, 2, ch. 93-115; s. 13, ch. 2016-238.
Structure Florida Statutes
Chapter 402 - Health and Human Services: Miscellaneous Provisions
402.04 - Award of Scholarships and Stipends; Disbursement of Funds; Administration.
402.05 - Requisites for Holding Scholarship and Stipend.
402.06 - Notes Required of Scholarship Holders.
402.115 - Sharing Confidential or Exempt Information.
402.12 - National Community Mental Health Centers Act.
402.16 - Proceedings by Department.
402.161 - Authorization for Sale of Property.
402.164 - Legislative Intent; Definitions.
402.165 - Florida Statewide Advocacy Council; Confidential Records and Meetings.
402.166 - Florida Local Advocacy Councils; Confidential Records and Meetings.
402.17 - Claims for Care and Maintenance; Trust Property.
402.18 - Welfare Trust Funds; Creation, Use.
402.181 - State Institutions Claims Program.
402.185 - Productivity Enhancing Technology.
402.19 - Photographing Records; Destruction of Records; Effect as Evidence.
402.24 - Recovery of Third-Party Payments for Medical Services.
402.26 - Child Care; Legislative Intent.
402.301 - Child Care Facilities; Legislative Intent and Declaration of Purpose and Policy.
402.3025 - Public and Nonpublic Schools.
402.3026 - Full-Service Schools.
402.305 - Licensing Standards; Child Care Facilities.
402.30501 - Modification of Introductory Child Care Course for Community College Credit Authorized.
402.3054 - Child Enrichment Service Providers.
402.3055 - Child Care Personnel Requirements.
402.307 - Approval of Licensing Agency.
402.308 - Issuance of License.
402.309 - Provisional License or Registration.
402.3115 - Elimination of Duplicative and Unnecessary Inspections; Abbreviated Inspections.
402.312 - License Required; Injunctive Relief.
402.313 - Family Day Care Homes.
402.3131 - Large Family Child Care Homes.
402.314 - Supportive Services.
402.315 - Funding; License Fees.
402.317 - Prolonged Child Care.
402.33 - Department Authority to Charge Fees for Services Provided.
402.40 - Child Welfare Training and Certification.
402.402 - Child Protection and Child Welfare Personnel; Attorneys Employed by the Department.
402.403 - Child Protection and Child Welfare Personnel Tuition Exemption Program.
402.404 - Child Protection and Child Welfare Personnel Student Loan Forgiveness Program.
402.41 - Educational Materials and Training Concerning HIV Infections and Aids.
402.49 - Mediation Process Established.
402.56 - Children’s Cabinet; Organization; Responsibilities; Annual Report.
402.57 - Direct-Support Organization.
402.62 - Strong Families Tax Credit.
402.70 - Interagency Agreement Between Department of Health and Department of Children and Families.
402.71 - Transfer of Funds, Positions, and Budget Authority Within Department.
402.73 - Contracting and Performance Standards.
402.80 - Office of Community Partners.
402.81 - Pharmaceutical Expense Assistance.
402.82 - Electronic Benefits Transfer Program.
402.86 - Rulemaking Authority for Refugee Assistance Program.