Division of Administrative Hearings, Florida
Filed: Oct. 02, 2014
The issues are: 1) whether Respondent seated a child in a non-excluded vehicle without an individual seat belt or federally approved child safety restraint, as allegedly required by section 402.305(10), Florida Statutes, and Florida Administrative Code Rule 65C-22.001(6)(d) and (e); 2) if so, whether this is a Class I violation, as provided by section 402.305(10) and rule 65C-22.001(6)(d) and (e); and 3) if so, whether this Class I violation necessitates the termination of Respondent's Gold Seal designation, as provided by section 402.281.Petitioner failed to prove that school bus owned and operated by child care facility was not an excluded vehicle so as to be subject to seat-belt requirements.