Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: ALL FAITH DAY CARE CENTER, INC., CHILDREN SERVICES
Judges: DIANE CLEAVINGER
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Feb. 03, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 18, 2005.
Latest Update: Sep. 09, 2024
Jan 18 05 4:40 ept Ch en & F ies 90472755139 -
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STATE OF FLORIDA 63-3 ANIC: 18
DEPARTMENT OF CHILDREN AND FAMILIES ¢5 FE
IN THE MATTER OF Certified Mail 7003-1680-04b0.0892.2307
A Civil Penaity Against ; Return Recelpt Requested |! j We RDM GS
Felecia Armstrong
All Faith Day Care & Children Services
1403 North Myrtle Avenue () 7 1 4
Jacksonville, Florida 32209 > OS
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civit Penalty in the
amount of Two Hundred Dollars ($200.00), 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 Chapters 402,301 - 402.319, Florida Statutes.
2. The Respondent, Felecta Armstrong, is licensed to operate All Faith Day Care &
Children Services located at 1403 North Myrtle Avenue, Jacksonville, Florida 32209 as a
Child Care Facllity in compliance with Chapter 402, Florida Statutes (F.S.), and Florida
Administrative Code (F.A.C), Rule 65C-22,
3. During an investigation on October 6, 2004, It was determined that the
Respondent committed the following violation:
FAC Chapter 65C-22.001(5)(a) In that: During a complaint investigation conducted on
October 6, 2004 and October 11, 2004, it was determined that on August 19, 2004, a five
year old boy was left sleeping in the child care van, after being picked up from school. The
child care driver returned to the center at 4:00 p.m. At 4:30 p.m., the child woke up,
exited the van and knocked on the door of the child care center. The facillty owner
admitted that the child was left in the van by the child care driver and as a result, the
driver was terminated. The Owner failed to report this violation as required by the
Department of Children and Families in accordance with 8.39.201(2)(a), F. S.
4. The above referenced violation constitutes grounds to levy this Civil Penalty
Pursuant to $5.402.310(1)(a) and 402.310(4), Florida Statutes at the above referenced
conduct of Respondent constitutes a violation of the minimum standards, rules and
regulations for the operation of a Child Care Facility. :
Jan
48°05 O4:4ip
Dept Childen & Families $047275519
Administrative Compiaint - All Faith Day Care & Children Services’
Page 2
5. Payment of this fine can be made directly to the Department of Children and
Family Services. The Mailing address is: P.O. Box 2417, Jacksonville, FL, 32231,
Attention: Child Care Licensure,
6. Please be advised that you do have the right to contest this Civil Penalty through
an administrative hearing pursuant to Section 120.57, Florida Statutes, but that you have
Roger L.D. Williams Paul Flountacker, Agency Clerk
Assistant General Counsel Department of Children & Families
Department of Children & Families Office of the General Counsel
P.O. Box 2417 1317 Winewood Bivd., Bidg. 2, Ste 204
Jacksonville, FL. 32231-0083 Tallahassee, FL. 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 fewer than fourteen (14) days notice.
Finally, in accordance with $. 120.57(b)(4), Florida Statutes (2003), al Parties to this
Cause have the Opportunity to respond, to present evidence and argument of all issues of
involved, to conduct cross-examination and submit evidence, to submit proposed findings
of facts and order, to file exceptions to any order of a 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 state what issues and material facts you dispute, or it will be dismissed.
FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FOR A HEARING MAY BE
TREATED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES AS AN ELECTION BY YOU FOR
THE INFORMAL PROCEEDINGS UNDER s, 120.57(2), FLORIDA STATUTES (2000).
meet the requirements of Section 120.56, F.S., and either Rule 28-106.201 or Rule 28-
106.301, F.A.C., or else it will be dismissed as required by Section 120.569(2)(c), F.S.
That law and those rutes require the written request for hearing to include the following
information:
Jan. = 3 Pp ep ilden & amilies so
Jari 8 O05 04:41 D t Ch F 1 47275519
Administrative Complaint ~ All Faith Day Care & Children Services
Page 3
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 agancy
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
9. Astatement 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
failure to provide the information required by the jaw and rules governing requests for
Chapter 120 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 requesting the hearing:
Roger L.D. Williams Paul Flounlacker, Agency Clerk
Assistant General Counsel Department of Children & Families
Department of Children & Families Office of the General Counsel .
P.O. Box 2417 1323 Winewood Bivd., Bldg. 1, Suite 407
Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
Andréa J. Trzcinski
' Program Administra
Docket for Case No: 05-000398
Issue Date |
Proceedings |
May 10, 2005 |
Compromise and Settlement Agreement filed.
|
Apr. 18, 2005 |
Order Closing File. CASE CLOSED.
|
Apr. 15, 2005 |
Motion for Continuance and to Place Case in Abeyance filed.
|
Mar. 22, 2005 |
Order of Pre-hearing Instructions.
|
Mar. 22, 2005 |
Notice of Hearing (hearing set for April 20, 2005; 12:00 p.m.; Jacksonville, FL).
|
Feb. 17, 2005 |
Amended Joint Response to Initial Order filed.
|
Feb. 17, 2005 |
Joint Response to Initial Order filed.
|
Feb. 04, 2005 |
Initial Order.
|
Feb. 03, 2005 |
Administrative Complaint filed.
|
Feb. 03, 2005 |
Request for Administrative Hearing filed.
|
Feb. 03, 2005 |
Notice (of Agency referral) filed.
|