Petitioner: ARR CHILD CARE, INC., D/B/A CHILD`S PLACE
Respondent: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Judges: FRED L. BUCKINE
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Jul. 02, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 26, 2002.
Latest Update: Jan. 09, 2025
a
JUN; 24-288, :
It 2 12:85 DCF LICENSING OFFICE 487 245 FS75 F.@2
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF CERTIFIED MAIL: 7000 1530 0004 0a 2304 w
A Civil Penalty Against RETURN RECEIPT REQUESTED an
ARR Child Care, Inc,
Dba Child’s Place 6 2
2301 East Michigan Street { } —_ 7
Orlando, Florida 32806
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount
of $1300.00. As grounds for the imposition of this penalty, the Department states the following:
1. The Department of Children and Families, State of Florida, has jurisdiction over
Respondent by virtue of the provisions of sections 402.301 - 402.319, Florida Statutes.
2. The Respondent, Alex Rodriguez, (ARR Child Care, Inc,), was licensed on license
number 599-33, issued on May 21, 2001 to operate Child’s Place, 230! East Michigan
Street, Orlando, Florida, 32806, as a Child Care Facility in accordance with Chapter 402,
Florida Statutes, and Florida Administrative Code, Rule 65C-22.
3. Respondent committed violations of Rule 65C-22.001(5)(a) with respect to direct
supervision when on April 1, 2002, two children, both two years of age, exited the
facility playground unnoticed by staff and were returned by a passing motorist, During
an investigation of this incident the licensing representative observed no screening
documentation on two recent hires, a violation of Rule 65C-22.006(5), F.A.C. which
requires Level 2 screening and documentation of such, For the Class I violation of direct
supervision, the department imposes a fine of $500 per known child, a total of $1000,
For the violation of background screening, the department imposes a fine of $150 per
known employees, a total of $300. The total administrative fine of $1300.00 is imposed
in accordance with Section 402.310 of the Florida Statutes.
4, The above referenced violations constitute grounds to levy this Civil Penalty pursuant
to ss. 402.310(1)(a), Florida Statutes, in that the above referenced conduct of Respondent
constitutes a violation of the minimum standards, rules and regulations for the operation
ofa Child Care Facility.
JUN24-20G2 12: as Eee
DCF LICENSING OFFICE
PAYMENT OF FINE, IF NOT CONTESTED
Payment of this fine can be made directly to the Department of Children and Family
Services. The mailing address is Department of Children and Families; District 7
Licensing Office; 400 West Robinson Street; Suite $812; Orlando, Florida 32801-9425;
’ Attention: Child Care Licensure.
STATEMENT OF RIGHTS
Please be advised that you have the right to contest this Civil Penalty through an
administrative hearing pursuant to Section 120.57, Florida Statutes, but that you have no
more than twenty one (21) days from the date the Administrative Complaint is received
to initiate this formal review. To initiate this formal review process, a petition for
formal hearing must be received by the following individuals within the twenty one (21)
day time frame:
Robert R. Morin, Jr., District 7 Administrator Peggy Sanford, Agency Clerk
Department of Children and Families Department of Children and Families
District 7 Legal Department, $.1106 Office of the General Counsel
400 West Robinson Street; South Tower 1317 Winewood Blvd.,Bldg.2, #204
Orlando, Florida 32801-9425 Tallahassee, Florida 32301
No later than fifteen (15) days after receipt of your written request for a formal hearing,
the request for a hearing shall be granted or denied. Absent the consent of all parties, the
hearing will not commence on Jess than fourteen (14) days’ notice.
Finally, in accordance with s. 120,57 (b)(4), Florida Statutes (1996), all parties to this
cause have the opportunity to respond, to present evidence and argument of all issues
involved, to conduct cross-examination and submit evidence, to submit proposed
findings of fact and order, to file exceptions to any order of a hearing officer's
recommended order, and to be represented by counsel (at your expense). In addition,
you have the right to have subpoenas and subpoenas duces tecum issued, Your request
for an administrative hearing must conform to the requirements of Florida
Administrative Code, Rule 28-106.201 or Rule 28-106.301 and must state what issues
and material facts you dispute, or it will be dismissed.
Sc essences,
TN 24-202 12:86 407 245 G&S Fd
DCF LICENSING OFFICE
FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FOR A
HEARING MAY BE TREATED BY THE DEPARTMENT OF CHILDREN AND
FAMILIES AS AN ELECTION BY YOU FOR THE INFORMAL PROCEEDINGS
UNDER s.120,57 (2), FLORIDA STATUTES (2000).
LL.
obert R. Morin, Jr.
District 7 Administrator
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true copy hereof was sent to Alex Rodriguez, President of
ARR Child Care, Inc., dba Child's Place, 2301 East Michigan Street, Orlando, Florida
32806 by U.S. Certified Mail, Return Receipt Requested, Certificate(s)
#7000 1530 0004 0326 2304 and by U.S. Regular Mail, in
accordance with s. 120.60(3), Florida Statutes (2000), this 30th day of May, 2002.
Lok Ek
ichard Cato
Licensing Attomey
Florida Bar No. 650242
400 West Robinson Street, Suite 5-1106
Orlando, Florida 32801-1782
(407) 245-0530
TOTAL F.G4
Docket for Case No: 02-002629
Issue Date |
Proceedings |
Nov. 26, 2002 |
Order Closing File issued. CASE CLOSED.
|
Nov. 25, 2002 |
Unopposed Motion to Dismiss (filed by Petitioner via facsimile).
|
Oct. 29, 2002 |
Order of Pre-hearing Instructions issued.
|
Oct. 29, 2002 |
Notice of Hearing issued (hearing set for December 4, 2002; 9:00 a.m.; Orlando, FL).
|
Oct. 24, 2002 |
Order of Consolidation issued. Case No.: 02-003887 was added to the consolidated batch.
|
Oct. 23, 2002 |
Petitioner`s Response to Initial Order and Motion to Consolidate (cases to be consolidated are: 02-2629, 02-2743, 02-3887, filed via facsimile)
|
Sep. 13, 2002 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by October 14, 2002).
|
Sep. 10, 2002 |
Order of Pre-hearing Instructions issued.
|
Sep. 10, 2002 |
Amended Notice of Video Teleconference issued. (hearing scheduled for September 19, 2002; 9:00 a.m.; Orlando and Tallahassee, FL, amended as to case numbers).
|
Sep. 06, 2002 |
Unopposed Motion to Abate, to Consolidate and to Continue (filed by Petitioner via facsimile).
|
Aug. 05, 2002 |
Petitioner`s Response to Request for Admissions filed.
|
Jul. 25, 2002 |
Request for Production filed by Petitioner.
|
Jul. 25, 2002 |
Notice of Service of Interrogatories filed by Petitioner.
|
Jul. 23, 2002 |
Order issued. (Amending case style)
|
Jul. 23, 2002 |
Order of Consolidation issued. (consolidated cases are: 02-002629, 02-002743)
|
Jul. 23, 2002 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Jul. 16, 2002 |
Order of Pre-hearing Instructions issued.
|
Jul. 16, 2002 |
Notice of Hearing by Video Teleconference issued (video hearing set for September 19, 2002; 9:00 a.m.; Orlando and Tallahassee, FL).
|
Jul. 11, 2002 |
Request for Production filed by Petitioner
|
Jul. 11, 2002 |
Notice of Service of Interrogatories filed by Petitioner
|
Jul. 09, 2002 |
Respondent`s Request for Admissions (filed via facsimile).
|
Jul. 08, 2002 |
Respondent`s Response to Initial Order (filed via facsimile).
|
Jul. 02, 2002 |
Initial Order issued.
|
Jul. 02, 2002 |
Administrative Complaint filed.
|
Jul. 02, 2002 |
Answer to Administrative Complaint filed.
|
Jul. 02, 2002 |
Notice filed.
|