Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: KIDZ KLUBHOUSE AND ELIZABETH ABBATE
Judges: DON W. DAVIS
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Aug. 28, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 25, 2007.
Latest Update: Jan. 09, 2025
tle STATE-GF FLORIDA
™ DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF Certified Mail 7008 1820 0002 0944 3537
. A Civil Penalty Against Return Receipt Requested
Abbate’s DBA Kidz Klubhous ‘
349 Blanding Biya US? Ol DVD a
Orange Park, Florida 32073
ADMINISTRATIVE COMPLAINT ‘ oS
a Am
. . . poy 2
_ YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penaity inal sEfoukto, _
of One Hundred Dollars ($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 Chapters 402.301 — 402.319, Florida Statutes.
2. The Respondent, Elizabeth Abbate, is licensed to operate Kidz Klubhouse located at
349 Blanding Bivd., Orange Park, Florida 82073 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. Duringan investigation on June 7, 2007, itwas determined that the-Respandént
committed the following violation: ;
FAC Chapter 65C-22.001(6)(d)(e), in that: The facility transported four (4) three year
Old children on a field trip and dic-hot use car seats, Each child, when transported,
it must be in an individual factory installed seat belt or federally appraved child safety -
restraint, unless the vehicle is excluded from this requirement by Florida Statute. This
is the facility's first seat belt violation, however, It was a Serious in nature.
4, The above referenced violation constitutes grounds to levy this Civil Penalty pursuant
to ss.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, . .
‘5. Payment of this fine can be made directly to the Department of Children and Family
‘Services. The mailing address is: P.O, Box 244 7, Jacksonville, FL, $2231, Attention: Child
Care Licensure, : :
Adnsinistrative Complaint-Kidz Klubhouse,
Page 2
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.
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-day time frame:
Roger L.D, Williams - . + Gregory D. Venz, Agency Clerk. _
Assistant General Counsel Department of Children & Familles
Department of Children & Families Office of the Genera! Counsel
P.O. Box 2417 ; 1317 Winewood Bivd., Bidg. 2, Ste 204 °
Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 so
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, .
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 tight to have subpoenas:
and subpoenas dtices 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
STAPUTES (2004), i
NOTICE OF RIGHTS
which he. or shé first receives this notice. The request for hearing must also 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 rules require the written request for hearing to include the following
information: a, : nn ; Lo.
4. The name and address of each agency affected and éach 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); a ;
CERTIFICATION OF SERVICE
| HEREBY CERTIFY that @ true and correct copy of the foregoing has been furnished
by U.S. Certified Mail,7005 1820 0002 0944 3537 Return Receipt Requested, in accordance
with ss. 120.60(3), Florida Statutes (20085), this BT day of July, 2007,
STATE OF FLORIDA,
DEP. ENT OF CHILDREN & FAMILIES
_Parnela Buckha
Program Admini trator
ih
Docket for Case No: 07-003932
Issue Date |
Proceedings |
Sep. 25, 2007 |
Order Closing File. CASE CLOSED.
|
Sep. 21, 2007 |
Compromise and Settlement Agreement filed.
|
Sep. 18, 2007 |
Order of Pre-hearing Instructions.
|
Sep. 18, 2007 |
Notice of Hearing by Video Teleconference (hearing set for November 8, 2007; 10:30 a.m.; Jacksonville and Tallahassee, FL).
|
Sep. 13, 2007 |
Unilateral Response to Initial Order filed.
|
Sep. 05, 2007 |
Letter to Judge Davis from E. Abbate responding to initial order filed.
|
Aug. 29, 2007 |
Initial Order.
|
Aug. 28, 2007 |
Administrative Complaint filed.
|
Aug. 28, 2007 |
Request for Administrative Hearing filed.
|
Aug. 28, 2007 |
Notice (of Agency referral) filed.
|