Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: ST. MICHAEL`S NURSERY SCHOOL
Judges: DANIEL MANRY
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Aug. 10, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 11, 2004.
Latest Update: Dec. 24, 2024
Revocation of Child Care Facility License
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES a
IN THE MATTER OF:
A Civil Penalty Against
St. Michael's Church
St. Michael’s Nursery School BR ey
2501 North Westmoreland Drive aL)
Orlando, Florida 32804 D
rk
ADMINISTRATIVE COMPLAINT
NATURE OF THE CASE
1, This case arises from the Respondent's failure to comply with Sections 402.301-
402.319 et seq., Florida Statutes with respect to licensure requirements.
2. This is an administrative action for imposition of civil penalties per known incident(s) of
occurrence as authorized in section 402.310, Florida Statutes.
3. Petitioner, State of Florida, Department of Children and Families is the administrative
agency of the State of Florida, charged with the duty to enforce and administer the provisions of
Chapter 402, Florida Statutes.
Nursery School Child Care Facility was in violation of s.402. 305 aa Florida Statutes and 65C-
22.003 (7)(a), Florida Administrative Code in that documentation of your director credential had
not been provided to the Department. The facility was given 10 business days from the date of
the letter to provide documentation (a copy) of the director credential certificate or training
transcript. The facility was advised that failure to comply with documentation requi-ements will
result in the immediate issuance of a provisional license for a period not to exceed six months.
5. On January 16, 2004, the Department had not received documentation of the facility's
director credential, therefore the facility was issued a provisional license for the period January 2,
2004 through July 2. 2004. As part of the corrective action, the Department requested monthly
updates on the facility’s progress towards earning a director credential or hiring a director with the
appropriate credential, to be given to the licensing representative by mail or telephonically.
These updates were due by the 15" of each month.
6. On June 2, 2004, the facility was notified by certified mail advising the facility of the
continued noncompliance and that documentation must be received by the Department or action
to revcke the provisional license will be initiated.
7. Additionally, the Department required signed acknowledgements of the director
credential requirement by owner/director, provided information regarding late course offerings
and conducted telephone surveys documenting progress toward compliance.
Therefore, you are hereby notified of the Department's intent to revoke your license to
operate St. Michael’s Nursery School.
“iG
ad
“By January 1, 2004, the (director) credential shall be a minimum
standard for licensing”.
“Pursuant to Section 402.305 (2)(f), Florida Statutes, every child
care facility director must have a director credential by
January 1, 2004, which consists of the foundational level or the
advanced level. As of January 1,2004, every applicant for a license
to operate a child care facility or a license for a change of ownership
of a child care facility must document that the facility director has a
director credential prior to issuance of the license to operate the facil ty”
NOTICE. OF RIGHTS
This decision constitutes final agency action unless a person who is subsiantizlly affected by it
submits a written request for hearing that is received within twenty-one days fom the date on
which. he or she. first receives this..notice. The request for hearing must. also meet the
réquirements of Section 120.562, Florida Statutes (F.S.), and either Rule 28-106.201 or Rule 28-
106.301, Florida Administrative Code,- or else it will be dismissed as required by Section
120.569(2)(c), F.S,
That law and those rules require the written request for hearing to inclucie the following
information:
1. The name and address of each agency affected and each agency's file or identification
number if known;
2. The name, address and telephone number of the person who is asking for the hearing
(the petitioner);
3. The name, address, and telephone number of the petitioner's representative, if any;
4. An explanation of how the petitioner's substantial interests are or will be affected by
the agency decision; “
5. A statement of when and how the petitioner received notice of the agency decision;
6. A statement that the petitioner does not dispute the facts upon which the agency relied
but that it wants to exercise the right to be heard anyway OR a statement that the
petitioner does dispute the facts upon which the agency relied and a list of the facts
in dispute;
7. Aconcise statement of the facts as the petitioner perceives them to be, including tne
specific facts set out by the agency that the petitioner wants the agency to reverse or
change;
8. A statement of the specific rules or statutes that the petitioner believes requires the
agency to reverse or modify its decision; and
9. Astatement specifying what action the petitioner wants the agency to take in the matier.
we
0:39
Failure to request a hearing in writing and within the time frames required in this notice or failure
to provide the information required by the law and rules governing requests for Crapter 120
hearings constitutes a complete waiver of any righi that a substantially affected person may have
to challenge this decision.
The request must be received by the following persons at the following addresses on or before
twenty-one (21) days of the date on which this notice was firsi received by the person requesting
the hearing:
Beryl Thompson-McClary Paul Flounlacker, Agency Clerk
Licensing Attorney Department of Children & Familes
Department of Children & Families Office of the Genera! Counsel
400 West Robinson Street, S-1105 1323 Winewood Blvd., Bldg. 1, Suite 407
Orlando, Florida 32801 Tallahassee, FL. 32301
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
District Administrator or Design
Micomssene (tel
CERTIFICATION OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Certified Mail #, 7003 2260 0006 0141 4985, Return Receipt Requesed, in
accordance with ss. 120.60(3), Florida Statutes, this 2nd day of July, 2004.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN & FAMILIES
rey)
Docket for Case No: 04-002797
Issue Date |
Proceedings |
Oct. 11, 2004 |
Order Closing File. CASE CLOSED.
|
Oct. 07, 2004 |
Motion for Recommended Order of Dismissal (filed by Petitioner via facsimile).
|
Oct. 01, 2004 |
Respondent`s Notice of Compliance with Regulatory Requirements and Request for Dismissal (filed via facsimile).
|
Sep. 02, 2004 |
Respondent`s Response to Initial Order (filed via facsimile).
|
Sep. 01, 2004 |
Order of Pre-hearing Instructions.
|
Sep. 01, 2004 |
Notice of Hearing (hearing set for October 14, 2004; 9:00 a.m.; Orlando, FL).
|
Aug. 19, 2004 |
Petitioner`s Response to Initial Order (filed via facsimile).
|
Aug. 10, 2004 |
Initial Order.
|
Aug. 10, 2004 |
Petition filed.
|
Aug. 10, 2004 |
Administrative Complaint filed.
|
Aug. 10, 2004 |
Notice (of Agency referral) filed.
|