§ 402.309, Fla. Stat. · Chapter 402. HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS
Provisional license or registration.
Text — 2026 Florida Statutes
(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 child care homes to applicants for an initial license or registration or to licensees or registrants seeking a renewal who are unable to meet all the standards provided for in ss. 402.301-402.319.
(2) A provisional license or registration may not be issued unless the operator or owner makes adequate provisions for the health and safety of the child. A provisional license may be issued for a child care facility if all of the screening materials have been timely submitted. A provisional license or registration may not be issued unless the child care facility, family child care home, or large family child care home is in compliance with the requirements for screening of child care personnel in ss. 402.305, 402.3055, 402.313, and 402.3131, respectively.
(3) Notwithstanding subsection (2), a local licensing agency or the department, whichever is authorized to license child care facilities in a county, must issue a provisional license or registration if the operator or owner:
(a) Is applying for an initial license or registration for a child care facility, a family child care home, or a large family child care home;
(b) Has made adequate provisions for the health and safety of the child; and
(c) Provides evidence that he or she has completed, within the previous 6 months, training pursuant to United States Department of Defense Instruction 6060.02 and background screening by the United States Department of Defense pursuant to 34 U.S.C. s. 20351 and 32 C.F.R. part 86 and received a favorable suitability and fitness determination.
(4) The provisional license or registration may not be issued for a period that exceeds 6 months; however, it may be renewed one time for a period that may not exceed 6 months under unusual circumstances beyond the control of the applicant.
(5) The provisional license or registration may be suspended or revoked if periodic inspection or review by the local licensing agency or the department indicates that insufficient progress has been made toward compliance.
(6) The department shall adopt rules specifying the conditions and procedures under which a provisional license or registration may be issued, suspended, or revoked.
Notes and commentary — not statutory text
History
s. 9, 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. 8, ch. 84-551; s. 27, ch. 85-54; s. 26, ch. 87-238; ss. 1, 2, ch. 93-115; s. 7, ch. 2006-91; s. 1, ch. 2023-249; s. 15, ch. 2026-140.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0402/0402.html
- Text hash
- sha256 5215e8f2716ba62d198ace8f114f45daf180a9c8b8586001651695b0c2bee9f8
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 402.301, Fla. Stat.Child care facilities; legislative intent and declaration of purpose and policy.Printed as ss. 402.301-402.319
- § 402.305, Fla. Stat.Licensing standards; child care facilities.Printed as ss. 402.305, 402.3055, 402.313, and 402.3131
- § 402.3055, Fla. Stat.Child care personnel requirements.Printed as ss. 402.305, 402.3055, 402.313, and 402.3131
- § 402.313, Fla. Stat.Family child care homes.Printed as ss. 402.305, 402.3055, 402.313, and 402.3131
Cited by 3 provisions
Provisions in this library whose text cites § 402.309, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 402.3125, Fla. Stat.Display and appearance of license; posting of violations; information to be provided to parents.Printed as s. 402.309
- § 1002.55, Fla. Stat.School-year prekindergarten program delivered by private prekindergarten providers.Printed as s. 402.309
- § 1002.88, Fla. Stat.School readiness program provider standards; eligibility to deliver the school readiness program.Printed as s. 402.309
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.