Petitioner: WINNERS` PRESCHOOL AND CHILD CARE CENTER
Respondent: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Judges: WILLIAM R. CAVE
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Oct. 04, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 3, 2003.
Latest Update: Dec. 26, 2024
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STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
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INTHEMATTEROF certified Mail: 7002 1006 DO0E 8547 0859
A Civil Penalty Against RETURN RECEIPT REQUESTED
Winner’s Preschool and Child Care Center
6848 Silver Star Road
Orlando, Florida 32818
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the
amount of $300.00. 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, Helen Makinde, dba Winner’s Preschool and Child Care Center,
was licensed on license number #1299-19, issued on June 2, 2002, to operate
Winner's Preschool and Child Care Center, 6848 Silver Star Road, Orlando,
Florida, 32818, 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)(4)(1) and (3), Florida
Administrative Code, and Rule 65C-22.001(6)(a); F.A.C., with respect to field
trip and transportation requirements. In response to a complaint, the licensing
representative Jearned that medical authorization for the driver had expired, there
was no additional staff on the field trip for supervision, and there was nO
telephone or other means of communication available to staff on the trip, all of
which are required by rule. The complaint investigation report is attached as
“pxhibit A.” This facility was fined in November 2001 for transportation safety
requirements. For these violations of transportation/field trip requirements, the
department imposes 4 fine of $100.00 for each, resulting ina total administrative
fine of $300. This fine 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 S. 402.310(1)(a), F.S.5 in that the above referenced conduct of
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Respondent constitutes @ violation of the minimum standards, rules and
regulations for the operation of a Child Care Facility.
PAYMENT OF FINE. IE 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, & 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 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 less 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 ofa 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 confonn to the requirement of Florida Administrative Code, Rule 28- ‘
Te
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106.201 or Rule 28-106.301 and must state what issues and material facts you dispute, or
it will be dismissed.
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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 8.120.57(2), FLORIDA STATUTES (2000),
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Robert R. Morin, Jr., District A jnistrator
CERTIFICATE OF SERVICE
J] HEREBY CERTIFY that a true copy hereof was sent to Helen Makinde, dba Winner’s
Preschool and Child Care Center, 6848 Silver Star Road, Orlando, Florida, 32818, by
U.S. Certified Mail, Return Receipt Requested, Certificate # 7002 1000 0004 8547 0859
and by U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes (2000), this
13th day of August 2002.
Richard Cato
Licensing Attorney
Florida Bar No. 650242
400 West Robinson Street, S-1106
Orlando, Florida 32801-1782
(407) 245-0530
Docket for Case No: 02-003886
Issue Date |
Proceedings |
Jan. 03, 2003 |
Order Closing File issued. CASE CLOSED.
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Jan. 02, 2003 |
Joint Motion to Dismiss Due to Settlement (filed via facsimile).
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Dec. 30, 2002 |
Amended Notice of Video Teleconference issued. (hearing scheduled for January 6, 2003; 1:00 p.m.; Orlando and Tallahassee, FL, amended as to type of hearing and location).
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Oct. 29, 2002 |
Order of Pre-hearing Instructions issued.
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Oct. 29, 2002 |
Notice of Hearing issued (hearing set for January 6, 2003; 1:00 p.m.; Orlando, FL).
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Oct. 17, 2002 |
Petitioner`s Response to Initial Order (filed via facsimile).
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Oct. 04, 2002 |
Initial Order issued.
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Oct. 04, 2002 |
Administrative Complaint filed.
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Oct. 04, 2002 |
Request for Hearing filed.
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Oct. 04, 2002 |
Notice (of Agency referral) filed.
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