Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: SCHOOL BOARD OF ST. LUCIE COUNTY
Judges: STUART M. LERNER
Agency: Department of Children and Family Services
Locations: Fort Pierce, Florida
Filed: Sep. 27, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 19, 2005.
Latest Update: Dec. 22, 2024
sen 16
2004 7:G7AN DISTRICT ADMENTSTRATION Ne 6728 FD
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF:
A Civil Penalty Against
Ms. Sandy Wolfe 4. Y k |
Assistant Superitendent 0) ~
School Board of St. Lucie County
4204 Okeechobee Road
Fort Pierce, FL 34947
ADMINISTRATIVE COMPLAINT
NATURE OF THE CASE
1. This case arises from the Respondent's failure io comply with Sections 402.301-
402.319 et seq,, Florida Statutes with raspact to licensure requirements.
2. This is an administrative actlon 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 5, 2004, the facility was notified by certified mail that the Lucie Adolescent
Parent Program at the Anglewood Center School, a child care facility, was in violation of
5.402.305 (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. At that time
also, a Provisional License to continue operation of the facility was Issued with an expiration date
of June 30, 2004, The facility was advised that failure to comply with documentation
requirements by the expiration date would result in this administrative and legal action,
5. The Department has not received documentation of your director credential to this
date In spite of repeated direct contacts with you and/or the facility director, a series of mail out
Notifications to you, and your written acknowledgement that you understand this requirement.
Also as part of the corrective action toward satisfying this standard, you have provided monthly
updates on the facility's progress towards earming a director credential or hiring a director with the
appropriate credential. However, the requirement has not yet been met.
6. On June 1, 2004, the facility was notified by certified mail advising the facility of the
continued noncompliance and that action by the Department to revoke the provisional license
would be initiated.
Therefore, you are hereby notified of the REVOCATION of your license # C15SL0027 to
operate the Lucie Adolescent Parenting Program (name of facility) effective immediately.
You are provided a time period of no longer than two weeks to provide effective
notification to parents (or those acting for parents) of the need to enroll their children
elsewhere.
$23.16. 2004 77M DISTRICT ADMINISTRATION No. 6728.
This desision is based on the facility's failure to comply with s.402.305 (2)(f) and 64C-22.003
(7)(a), Florida Administrative Code, which state In part, respectively:
“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 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 recelved 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, of else it will be dismissed as required by Section
120.669(2)(c), F.S,
That law and those rules require the written request for hearing to Include the following
information:
41. The name and address of each agency affected and sach agency's file or
identification number if known;
2. The narne, 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,-A-concise statement-of the facts as the_patitlaner perceives them to he, including tha_
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 petitloner believes requires the
agency to reverse or modify Its decision; and
Sea. 16.
Dh02 7LSAM | DISTRECT ADMINES* RATION he 6726 F
9. A statement specifying what action the petitioner wants the agency to take in the
matter.
Failure to request a hearing In writing and within the time frames required in this notice or fallure
to provide the information required by the law and rules goveming requests for Chapter 120
hearings constitutes a complete watver of any fight that @ substantially affected person may have
to challenge this decision.
The request must be recelved 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 requesting
the hearing:
Paul Flounlacker, Agency Clerk
Department of Childran & Families
Office of the General Counsel
4323 Winewood Bid., Bidg. 1, Suite 407
Tallahassee, FL. 32301
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN & FAMILIES
District Administrator or Designee
CERTIFICATION OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished by
U.S. Certifled Mail #7003 0500 0000 3168 8933, Return Receipt Requested, in
accordance with ss. 120.60(3), Florida Statutes, this 4) & day of Sy
2004.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN & FAMILIES
od RARE
District Administrator or Designee
Docket for Case No: 04-003487
Issue Date |
Proceedings |
Jan. 19, 2005 |
Order Closing File. CASE CLOSED.
|
Jan. 18, 2005 |
Notice of Voluntary Dismissal without Prejudice filed.
|
Jan. 04, 2005 |
Order Continuing Case in Abeyance (parties to advise status by January 21, 2005).
|
Jan. 03, 2005 |
Status Report and Agreed Motion to Continue Holding Proceeding in Abeyance filed.
|
Oct. 28, 2004 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by January 3, 2005).
|
Oct. 27, 2004 |
Agreed Motion to Continue Hearing and Hold Proceeding in Abeyance (filed by Respondent via facsimile).
|
Oct. 05, 2004 |
Order Directing Exchange of Exhibits. (no later than ten days prior to the scheduled hearing, each party shall furnish the other party a copy of any and all exhibits that party intends to offer into evidence at the hearing, no later than seven days prior to the scheduled hearing, each party shall file with the Division of Administrative Hearings a statement certifying that he has complied with the requirements of paragraph 1 of this Order)
|
Oct. 05, 2004 |
Order of Pre-hearing Instructions.
|
Oct. 05, 2004 |
Notice of Telephonic Final Hearing (telephonic final hearing set for November 12, 2004; 9:00 a.m.).
|
Oct. 04, 2004 |
Joint Response to Initial Order (filed via facsimile).
|
Sep. 27, 2004 |
Initial Order.
|
Sep. 27, 2004 |
Request for Hearing filed.
|
Sep. 27, 2004 |
Administrative Complaint filed.
|
Sep. 27, 2004 |
Notice (of Agency referral) filed.
|