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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs THE NEIGHBORHOOD PRESCHOOL, INC., AND STEVEN MEAD, 09-003582 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-003582 Visitors: 7
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: THE NEIGHBORHOOD PRESCHOOL, INC., AND STEVEN MEAD
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Children and Family Services
Locations: Lakeland, Florida
Filed: Jul. 08, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 18, 2009.

Latest Update: Jan. 09, 2025
Florida Department of Children & Families . Charlie Crist State of Florida Governor Department of Children and Families Robert A. Butterworth Secretary ane Ann M. Berner District Administrator _.<. o% ” CERTIFIED MAIL NUMBER: 7002 0510 0002 0206 9095 Return Receipt Requested May 27, 2009 The Neighborhood Preschool, incorporated... A Attention: Coretta Grimes ade 1019 Grace Avenue Haines City, Florida 33844 Subject: Proposed Fine for The Neighborhood Preschool, Incorporated License Number C10P00513 ™ Dear Ms. Grimes: The Department Proposes to fine your child care facility for violations of rule 65C- 22.001(6)(e), Florida Administrative Code (F.A.C.). This letter is considered an administrative complaint for the purposes of section 120.60(5), Florida Statutes (F.S.). You operate The Neighborhood Preschool, Incorporated at the address above, pursuant to child care license number C10P00630, last issued by the Department on November 15, 2008. During a complaint inspection on October 15, 2008, your child care facility failed to use seat belts for children being transported who required safety restraints. A child was observed standing up while the vehicle was moving. This is a violation of tule 65C- 22.001(6)(e), F.A.C., which states each child, when transported, must be in an individual factory installed seat-belt or federally approved child safety restraint, unless the vehicle is excluded from this requirement by Florida Statutes. The vehicle your child care facility used on October 15, 2008 is not excluded from this requirement. Therefore, your actions placed the safety and well being of childrén jin your care at risk. Please reference the attached exhibit A. For these violations, the Department proposes to fine your facility $500.00. You may pay the fine by making a certified check or money order payable to the Florida De AV, Children and Families, and Mailing it to: , ra) a 4720 Old Highway 37, Lakeland, Florida, 33813-2030 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery The Neighborhood Preschool Group 2 Ge Sheila Nobles, Child Care Licensing Supervisor“? Me Department of Children and Families 4720 Oid Highway 37 Lakeland, Florida 33813 NOTIFICATION OF RIGHTS You have a right to request an administrative hearing; to be represented by counsel or other qualified representative; to call witnesses: to present evidence; and, you have other rights. If you desire to request a hearing or answer this administrative complaint, you must do so in writing and must include the following information: 1. The name and address of each agency affected and each agency's file or identification number if known. 2. The name, addresses, and telephones number of the petitioner (person requesting the hearing). Also, the name addresses and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding. 3.. An explanation of how the petitioner's substantial interest will be affected by the Department's action. 4. Astatement of when and how you received notice of the Department's decision. 5. A statement of all disputed issues of material fact. If there are none, you requesi for hearing must indicate this, ‘ 6. A concise statement of the ultimate facts you allege, as well as, any rules and statutes which you think entitle you to relief. 7. A statement for relief, that is, what you think the Department should do. Except for good cause shown, factual matters alleged in this administrative complaint that you fail to deny in-your request for -hearing (or answer) shall be presumed to be admitted. Your failure to raise a particular defense will be considered a waiver of any such defense. Any new matter you raise in your request for hearing (or answer) shall be presumed as denied by the Department. Evidence shall not be taken on any issue not raised in this administrative complaint or your request for hearing (or answer). The Neighborhood Preschool Group 3 REQUEST FOR HEARING If you desire to request a hearing or file a formal answer to this administrative complaint.“ * you must send your written request or answer to: > a Sheila Nobles, Supervisor Child Care Licensing Unit Department of Children and Families 4720 Old Highway 37, South Lakeland, FL 33813 This administrative complaint is issued Pursuant to sections 120.569 and 120.57, Florida Statutes. Any hearing or proceeding of any kind conceming this complaint shall be conducted pursuant to Chapter 28-106, Florida Administrative Code. Unless the Department receives a request for a hearing within twenty-one (21) days after you receive this letter, you will have given up your right to request a hearing or contest this action. If you fail to request a hearing, this denial letter becomes the final order of the Department. . Sincerely, Sheila Nobles Child Care Licensing Supervisor Department of Children and Families 4720 Old Hwy 37 Lakeland, Florida 33813 County of Polk Siate of Florida Subscribed and sworn before me by Sheila Nebles, an emplayee of the Department of Children and Families, who is personaily known to me on day of Fu“ 2009. ry trtr_p> Notary Public, State of Florida CHARLES M, WILSON Jommission DD 766781 xpires Maron 19, 2012 Boiled Tuy Troy Fas sisurenee 800-385-7019 The Neighborhood Preschool Group 4 CERTIFICATE OF SERVICE The Department’s attorney certifies that a true copy of this document has been mailed, certified, return receipt requested, The Neighborhood Preschool, Inc., Cornetta Grimes, 1019 Grace Avenue, Haines City, Florida 33844 on this day of May 2009. , VERE, Florida Department of Children and Families Circuit Legal Counsel, Circuit 10 4720 Old Highway 37 Lakeland, Florida 33813 Telephone: (863) 619-4143 Facsimile: (863) 648-3336 P,P PYF CG o

Docket for Case No: 09-003582
Source:  Florida - Division of Administrative Hearings

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