Elawyers Elawyers
Washington| Change

DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs GOD`S LIL RAINBOW, 05-000397 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-000397 Visitors: 28
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: GOD`S LIL RAINBOW
Judges: FRED L. BUCKINE
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Feb. 03, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 14, 2005.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF A Civil Penalty Against God's Lil Rainbow §239 Old Winter Garden Road 05-0 aq / Orlando, Florida 32835 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $100.00. 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 Respondents, Ella Harrison and Barbara Knight, dba God’s Lil Rainbow, were licensed on license #CO7OR0214, issued on March 18, 2004, to operate God's Lil Rainbow, 6239 Old Winter Garden Road, Orlando, Florida 32835, 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-22.002(1)(b), Florida Administrative Code, with respect to hazardous materials being accessible to children. During a routine inspection December 16, 2004, the licensing representative observed toxics/hazardous materials (bleach, insect poisons, cleanser) in a cabinet that was unlocked. The facility had been cited previously for the same violation during inspections of March 10, 2004, and July 26, 2004. The inspection reports are attached as “Exhibit A.” For the repeat violation of toxics and/or hazardous materials accessible to children, the department imposes an administrative fine of $100.00. This fine is imposed in accordance with Section 402.310(1){a), Florida Statutes. 4. The above referenced violations constitute grounds to levy this Civil Penalty pursuant to s. 402.310(1)(a), F. S., in that the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. PAYMENT OF FINE. IF NOT CONTESTED Payment of this fine can be made directly to the Depariment of Children and Family Services. The mailing address is Department of Children and Families: District 7 Licensing Office; 3165 McCrory Place; Suite 200; Orlando, Florida 32803: 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: John Cooper, Operations Manager D7 Paul Flounlacker, Agency Clerk Department of Children and Families Department of Children and Families District 7 Legal Department, S-1106 Office of the General Counsel 400 West Robinson Street 1317 Winewood Blvd., Bidg. 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 of a hearing officer's recommended order, and to 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 requirement 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. FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FORA 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). Operations Manager, District 7 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy hereof was sent to Ella Harrison and Barbara Knight, God's Lil Rainbow, 6239 Old Winter Garden Road, Orlando, Florida, 32835, by U.S. Certified Mail, Return Receipt Requested, Certificate # 7003 1680 0001 8927 7579 and by U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes (2000), this 23rd___ day of December, 2004. Beryl Thompson-McClary Licensing Attorney Florida Bar No. 365432 400 West Robinson Street, S-1106 Orlando, Florida 32801 - (407) 245-0530

Docket for Case No: 05-000397
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer