Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: CLARCONA ACADEMY CHILD CARE, INC.
Judges: J. D. PARRISH
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Oct. 01, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 9, 2010.
Latest Update: Jan. 03, 2025
(O- 44a9
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES Eo tt a t iE ae)
IN THE MATTER OF
A Civil Penalty Against 200 OCT -1 P 2 ou
Clarcona Academy Child Care vyteinal ac SEP 9 4 an,
4300 Clarcona Ocoee Road AGN as EVE». C888
Orlando, Florida 32810 HEARINGS Seg
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the
amount of $300. 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.
2. On May 3, 2004, the Department issued license #CO9OR0052 to the respondent to
operate, at Clarcona Academy, located at 4300 Clarcona Ocoee Road, Orlando,
Florida 32810, 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-22.001(5)(a)-(d), 65C-22.001(6)(f),
65C-22.002(4)(c)2. & 65C-22.007 (2), Florida Administrative Code with respect to
supervision when on June 24, 2010 one or more children were not adequately
supervised in that the director, staff and owner all denied that they were in the infant
room in the early morning hours, which posed an imminent threat to a child or could
or did result in death or serious harm to the health, safety or well-being of a child.
“Everyone identified as being in the classroom denied that they were ever in the
room. Inspection report for June 24, 2010 is attached as “Exhibit A”. For a violation
of supervision the Department imposes an administrative fine of $150. This fine is
imposed in accordance with Section 402.310(1)(a), Florida Statutes.
4. Respondent committed violation of Rule 402.319 & 65C-22.001(9),(11), Florida
Administrative Code, with respect to reporting child abuse and neglect when on June
24, 2010 as a mandated reporter, the owner/operator failed to report suspected child
abuse or neglect as required in section 39.201, Florida Statutes. Inspection report
for June 24, 2010 is attached as “Exhibit A”. For a violation of reporting child abuse
and neglect the Department imposes an administrative fine of $150. This fine is
imposed in accordance with Section 402.310(1)(a), Florida Statutes.
5. 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 directly by cashier’s check or money order to the
Department of Children and Family Services. The mailing address is Department of
Children and Families; Child Care Licensing Office; 1507 North John Young Parkway,
Kissimmee, Florida 34741; Attention: Child Care Licensure.
IF YOU BELIEVE THE DEPARTMENT'S DECISION IS INERROR, 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-1129
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 (2004), 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, and telephone number of
~~ “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
Regional Safety Operations Manager
Child Care Services
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true copy hereof was sent to Florence Barrington, Director of
Clarcona Academy Child Care, 4300 Clarcona Ocoee Road, Orlando, Florida, 32810, by
U.S. Certified Mail, Return Receipt Requested, Certificate #
bo! and by U.S. Regular Mail, in accordance
with s. 120.60(3), Florida Statutes (2000), this_ Qis'”_ day of Acquest_. 2010.
Kissimmee, Florida 34741
(407) 846-5148
Docket for Case No: 10-009429
Issue Date |
Proceedings |
Dec. 09, 2010 |
Order Closing File. CASE CLOSED.
|
Dec. 08, 2010 |
Settlement Agreement filed.
|
Dec. 03, 2010 |
Withdrawl of Request for Hearing filed.
|
Dec. 01, 2010 |
Amended Notice of Hearing by Video Teleconference (hearing set for December 7, 2010; 1:00 p.m.; Orlando and Tallahassee, FL; amended as to video teleconference and hearing room location).
|
Oct. 21, 2010 |
Order of Pre-hearing Instructions.
|
Oct. 21, 2010 |
Notice of Hearing (hearing set for December 7, 2010; 1:00 p.m.; Orlando, FL).
|
Oct. 12, 2010 |
Response to Initial Order filed.
|
Oct. 04, 2010 |
Initial Order.
|
Oct. 01, 2010 |
Request for Administrative Hearing filed.
|
Oct. 01, 2010 |
Administrative Complaint filed.
|
Oct. 01, 2010 |
Notice (of Agency referral) filed.
|