The Florida Senate

402.312  License required; injunctive relief.--

(1)  The operation of a child care facility without a license is prohibited. If the department or the local licensing agency discovers that a child care facility is being operated without a license, the department or local licensing agency is authorized to seek an injunction in the circuit court where the facility is located to enjoin continued operation of such facility. When the court is closed for the transaction of judicial business, the department or local licensing agency is authorized to seek an emergency injunction to enjoin continued operation of such unlicensed facility, which injunction shall be continued, modified, or revoked on the next day of judicial business.

(2)  Other grounds for seeking an injunction to close a facility are that:

(a)  There is any violation of the standards applied under ss. 402.301-402.319 which threatens harm to any child in the child care facility.

(b)  A licensee has repeatedly violated the standards provided for under ss. 402.301-402.319.

(c)  A child care facility continues to have children in attendance after the closing date established by the department or the local licensing agency.

(3)  The department may impose an administrative fine on any child care facility operating without a license, consistent with the provisions of s. 402.310.

History.--s. 12, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 4, 6, 7, ch. 83-248; s. 11, ch. 84-551; s. 61, ch. 90-306; ss. 1, 2, ch. 93-115.