Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: KIDS CAROUSEL OF CENTRAL FLORIDA AND CHERYL JENNINGS
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Nov. 03, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 29, 2010.
Latest Update: Nov. 04, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF b 023 7
A Civil Penalty Against
Kids Carousel of Central Florida
1527 Dodd Road
Winter Park, Fl 32792
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the
amount of $50. 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.
On June 29, 2007, the Department issued _license#C18SE0180 to
operate Kids Carousel of Central Florida, located at 1527 Dodd Road Winter Park,
Fl 32792, as a Child Care Facility in accordance with Chapter 402, Florida Statues,
and Florida Administrative Code, Rule 65C-22.
3. Respondent committed violation of Rule 65C-22.006(4), 435.04 & 435.05(1) Florida
Administrative Code, with respect to background screening. On September 30,
2008, fingerprint cards were missing from personnel files. On June 10, 2009,
fingerprint cards were missing from personnel files. Inspection report for September
30, 2008 is attached as “Exhibit A’. Inspection report for June 10, 2009 is attached
as “Exhibit B”. For a violation of background screening the Department imposes an
administrative fine of $50. 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 by money order or cashier’s check directly to the
Department of Children and Family Services. The mailing address is Department of
Children and Families; Child Care Licensing Office; 400 W. Robinson Street, North
Tower; Suite 201; Orlando, Florida 32801; Attention: Child Care Licensure.
IF YOU BELIEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY
REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR
REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE
DEPARTMENT WITHIN 21 DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE
TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED
SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING.
You may submit your request for an administrative hearing to the Department at the
following address:
T. Shane DeBoard, Esquire
Department of Children and Families
C/O District Legal Office, S-1114
400 West Robinson Street
Orlando, Florida 32801-9425
Please note that a request for an administrative hearing must comply with section
120.569(2)(c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code.
Those provisions, when read together, require a petition for administrative hearing to
include:
(a) The name and address of each agency affected and each
agency's file or identification number, if known;
(b) The name, address, and telephone number of the
petitioner; the name, address,
the petitioner’s representative, if any, which shall be the
address for service purposes during the course of the
proceeding; and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner received
notice of the agency decision;
(d) A statement of all disputed issues of material facts. If
there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including
the specific facts the petitioner contends warrant reversal
or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes the petitioner
contends require reversal or modification of the agency's
proposed action; and
(g) A statement of the relief sought by the petitioner, stating
precisely the action petitioner wishes the agency to take
with respect to the agency's proposed action.
Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code,
require that a petition to be dismissed if it is not in substantial compliance with the
requirements above.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
Conti M. Showalter
Carolyn Showalter
Child Care Licensing Supervisor
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true copy hereof was sent to Cheryl Jennings, Director of
Kids Carousel of Central Florida 1527 Dodd Road Winter Park, Fl 32792, by U.S.
Certified Mail, Return Receipt Requested, Certificate #
7007 1490 0002 5928 1982 and by U.S. Regular Mail, in accordance
with s. 120.60(3), Florida Statutes, this 6th _ day of October , 2009.
T. Shane DeBoard
Licensing Attorney
Florida Bar No. 0130605
400 West Robinson Street, S-1114
Orlando, Florida 32801
(407) 245-0530
Docket for Case No: 09-006027
Issue Date |
Proceedings |
Jan. 29, 2010 |
Order Closing File. CASE CLOSED.
|
Jan. 29, 2010 |
Notice of Withdrawal of Administrative Complaint Imposing Fine filed.
|
Jan. 28, 2010 |
Petitioner's Exhibits (exhibits not available for viewing) filed.
|
Jan. 28, 2010 |
Notice of Transfer.
|
Jan. 28, 2010 |
Amended Notice of Hearing by Video Teleconference (hearing set for February 1, 2010; 1:30 p.m.; Orlando and Tallahassee, FL; amended as to video teleconference and hearing locations).
|
Jan. 21, 2010 |
Petitioner's Witness List filed.
|
Jan. 21, 2010 |
Petitioner's Exhibits List (exhibits not attached) filed.
|
Jan. 20, 2010 |
(Respondent's) Witness List filed.
|
Jan. 20, 2010 |
(Respondent's) Exhibit List (exhibits not attached) filed.
|
Dec. 02, 2009 |
Notice of Hearing (hearing set for February 1, 2010; 1:30 p.m.; Orlando, FL).
|
Nov. 10, 2009 |
Response to Initial Order filed.
|
Nov. 03, 2009 |
Initial Order.
|
Nov. 03, 2009 |
Request for Administrative Hearing filed.
|
Nov. 03, 2009 |
Administrative Complaint filed.
|
Nov. 03, 2009 |
Notice (of Agency referral) filed.
|