Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: CONWAY UNITED METHODIST PRESCHOOL
Judges: DANIEL MANRY
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Aug. 12, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 12, 2004.
Latest Update: Dec. 22, 2024
Revocation of Child Care Facility License
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
(IN THE MATTER OF:
A Civil Penalty Against EF ye
Conway United Methodist Church so ,
Conway United Methodist Preschool Pie a
3491 South Conway Road AUs 9 3 2004
Oriando, Florida 32812 7
DCF Dowerieny
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.
oe 2.. This is an adrginistrative 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.
4. On January 2, 2004, the facility was notified by certified mail that Conway Methodist
Preschoo] Child Care Facility was in violation of s.402.305 (2)(f}, 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 requirements 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 trrough 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 Departmeni or action
to revoke 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 Conway Methodist Preschool.
04 AUG 12 AMII: 39
This decision is based on the facility’s failure to comply with s.402.305 (2)(f) and 65C-22.063
(7){a)}, Fiorida Administrative Code. which state in part, respectively: DIVISIGN >
ADMINISTRA SF
“By January 1, 2004, the (director) credential shall be a minimum HEARINGS
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 facility”.
NOTICE OF RIGHTS
This decision constitutes final agency action unless a person who is substantially affected by it
submits a written request for hearing that is received within twenty-one days from the date on
which he or she first receives this. notice. The request for hearing must also meet the..
requirements 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 include che 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. Asiatement 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 fo 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 the
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 ~
$. Astaitement specifying what action the petitioner wants the agency to take in the matcer.
nN
Faiiure to request a hearing in writing and within the time fremes required in this notice or failure
te provide the information required by the law and rules governing requests for Chapter 420
hearings constitutes a complete waiver of any right 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 first received by the person -equesting
the Fearing:
Beryl Thompson-McClary
Licensing Attorney
Department of Children & Families
400 West Robinson Street, S-1106
Orlando, Florida 32801
Paul Flountacker, Agency Clerk
Department of Children & Families
Office of the General Counsel
1323 Winewood Blvd., Bidg. 1, Suite 437
Tallahassee, FL. 32301
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
District Administrafor or Des:
Soden
Li Ot
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 4725, Return Receipt Requested, in
accordance with ss. 120.60(3), Florida Statutes, this 2nd day of July, 2004.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN & FAMILIES
+
Sutin Lown
District Administrator or Desig :
Licenon
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Docket for Case No: 04-002815
Issue Date |
Proceedings |
Oct. 12, 2004 |
Order Closing File. CASE CLOSED.
|
Oct. 11, 2004 |
Motion for Recommended Order of Dismissal (filed by Petitioner via facsimile).
|
Oct. 08, 2004 |
Amended Notice of Video Teleconference (hearing scheduled for October 15, 2004; 9:30 a.m.; Orlando and Tallahassee, FL; amended as to Video and hearing room ).
|
Oct. 07, 2004 |
Compliance with Order of Pre-Hearing Instruction (filed by Petitioner via facsimile).
|
Sep. 01, 2004 |
Notice of Hearing (hearing set for October 15, 2004; 9:30 a.m.; Orlando, FL).
|
Sep. 01, 2004 |
Order of Pre-hearing Instructions.
|
Aug. 19, 2004 |
Petitioner`s Response to Initial Order (filed via facsimile).
|
Aug. 12, 2004 |
Initial Order.
|
Aug. 12, 2004 |
Request for Administrative Hearing filed.
|
Aug. 12, 2004 |
Administrative Complaint filed.
|
Aug. 12, 2004 |
Notice (of Agency referral) filed.
|