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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs KIDS CAROUSEL OF CENTRAL FLORIDA AND CHERYL JENNINGS, 09-006027 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-006027 Visitors: 12
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: Dec. 22, 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.
Source:  Florida - Division of Administrative Hearings

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