This section makes certain knowing misrepresentations and unlicensed child care operations criminal offenses, and it requires child care facilities and homes to file an annual compliance affidavit.
402.319 Penalties.—(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 or licensure regulated under ss. 402.301-402.318 all information required under those sections or a material fact used in making a determination as to such person’s qualifications to be child care personnel, as defined in s. 402.302, in a child care facility, family day care home, or other child care program. (b) Operate or attempt to operate a child care facility without having procured a license as required by this act. (c) Operate or attempt to operate a family day care home without a license or without registering with the department, whichever is applicable. (d) Operate or attempt to operate a child care facility or family day care home under a license that is suspended, revoked, or terminated. (e) Misrepresent, by act or omission, a child care facility or family day care home to be duly licensed pursuant to this act without being so licensed. (f) Make any other misrepresentation, by act or omission, regarding the licensure or operation of a child care facility or family day care home to a parent or guardian who has a child placed in the facility or is inquiring as to placing a child in the facility, or to a representative of the licensing authority, or to a representative of a law enforcement agency, including, but not limited to, any misrepresentation as to:1. The number of children at the child care facility or the family day care home; 2. The part of the child care facility or family day care home designated for child care; 3. The qualifications or credentials of child care personnel; 4. Whether a family day care home or child care facility complies with the screening requirements of s. 402.305; or 5. Whether child care personnel have the training as required by s. 402.305. (2) If any child care personnel makes any misrepresentation in violation of this section to a parent or guardian who has placed a child in the child care facility or family day care home, and the parent or guardian relied upon the misrepresentation, and the child suffers great bodily harm, permanent disfigurement, permanent disability, or death as a result of an intentional act or negligence by the child care personnel, then the child care personnel commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Each child care facility, family day care home, and large family child care home shall annually submit an affidavit of compliance with s. 39.201.