Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: AUGUSTINA ACADEMY, INC.
Judges: THOMAS P. CRAPPS
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: May 15, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 14, 2013.
Latest Update: Dec. 26, 2024
reum, 04/26/2013 10:01 #620 P.002/004
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES AF
Augustina Academy Inc
1307 Pine Hills Road
Orlando, Florida 32808
Certified Mail Return Receipt No. 110 0240 0000 9890 W043
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the
amount of $300. The Department’s authority and grounds to impose this sanction are
explained below.
1. The Department of Children and Families is authorized by section 402.310, Florida
Statutes, to sanction Augustina Academy Inc for violations of child care licensing
standards in sections 402.301- 402.319, Florida Statutes, and chapter 65C-22, Florida
Administrative Code.
2. Augustina Academy inc is licensed under chapter 402, Florida Statutes, and chapter 65C-
22, Florida Administrative Code, to operate a child care facility known as Augustina
Academy Inc located at 1307 Pine Hills Road, Orlando, Fl 32808. The facility license is
currently a Regular License.
3. Respondent committed a Class 2 licensing violation of 65C-22.001(6)(£),(g) Florida
Administrative Code, with respect to Transportation. On January 15, 2013, the facility
did not have evidence that a log was maintained for all children transported. The
inspection for January 15, 2013 is attached as Exhibit “A”. On January 31, 2013, the
facility did not have evidence that a log was maintained for all children transported. The
inspection for January 31, 2013 is attached as Exhibit “B”.
4. The above referenced violations constitute grounds to levy this Civil Penalty pursuant to
s. 402,3125(9)(2} F, S., in that the above referenced conduct of Respondent constitutes a
violation of the minimum standards, rules and regulations for the operation ot a Child
Care Facility.
5. The violation described above is a Class I violation of child care licensing standards. It
is the facility’s second occurrence of Class I] of No Log standard within a two year
period. There are no prior violations of this standard, Technical assistance was given to
provider in regards to Transportation. The fine imposed for this violation is $50,
5. Respondent committed a Class 1 licensing violation of 65C-22.001(9),(11) Florida
Aduinistrative Code, with respect to Access/Child Abuse or Neglect/Misrepresentation.
On January 31, 2013, Child Care personnel misrepresented information, impersonated, or
provided fraudulent information related to the child care facility to a parent/guardian,
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licensing authority, or law enforcement. The inspection for January 31, 2013 is attached
as Exhibit “B”.
7. The above referenced violations constitute grounds to levy this Civil Penalty pursuant to
s. 402.319 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.
8. The violation described above is a Class I violation of child care licensing standards. It is
the facility’s first occurrence of Class I of Fraudulent Information Provided standard
within a two year period. There are no prior violations of this standard. Technical
assistance was given to provider in regards to Transportation. The fine imposed for this
violation is $250.
PAYMENT OF FINE, IF NOT CONTESTED
If you do not wish to contest the findings of the administrative complaint, payment of the
fine amount can be made by money arder or cashier’s check directly to the Department of
Children and Families, Child Care Regulations Office. The mailing address is
Department of Children and Families
Attention: Child Care Licensing Office
1507 N John Young Parkway
Kissimmee, Florida 34741
NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES
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 2t DAYS PROVIDED
SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING.
You may submit your request for an administrative bearing to the Department at the
following address:
T. Shane DeBoard, Esquire
Department of Children and Families
C/O District Legal Office, $-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, 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;
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(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.
Mediation as described in section 120.573, Florida Statutes, may be available if agreed to by
all parties, and on such terms as agreed to by all parties. The right to an administrative
proceeding is not affected when mediation does not result in a settlement,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
certified mail return receipt to Lanita Peterson Director of, Augustina Academy Inc,1307
Pine Hills Road, Orlando, Fl 32808, by U.S. Certified Mail, Return Receipt Requested, in
accordance with s, 120.60(3), Florida Statutes, this {87 day of Maa ch__, 2013.
Avida Rosa
Child Care Licensing Supervisor
1507 North John Young Parkway
Kissimmee, Florida 34741
(407) 846-5148
Docket for Case No: 13-001833
Issue Date |
Proceedings |
Oct. 14, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 11, 2013 |
Withdrawal of Administrative Complaints filed.
|
Oct. 11, 2013 |
Withdrawal of Administrative Complaints (filed in Case No. 13-001833).
|
Oct. 03, 2013 |
CASE STATUS: Motion Hearing Held. |
Oct. 03, 2013 |
Order Granting Respondent`s Counsel`s Motion to Withdraw.
|
Sep. 23, 2013 |
Order Denying Respondent Counsel`s Motion to Withdraw without Prejudice to File a Corrected Motion.
|
Sep. 23, 2013 |
Amended Notice of Hearing by Video Teleconference (hearing set for October 14, 2013; 9:00 a.m.; Orlando and Tallahassee, FL; amended as to video hearing).
|
Sep. 13, 2013 |
Respondent's Attorney's Motion to Withdraw filed.
|
Sep. 09, 2013 |
Order of Pre-hearing Instructions.
|
Sep. 09, 2013 |
Notice of Hearing (hearing set for October 14, 2013; 9:00 a.m.; Orlando, FL).
|
Jul. 02, 2013 |
Order Continuing Case in Abeyance (parties to advise status by August 9, 2013).
|
Jun. 26, 2013 |
Order of Consolidation (DOAH Case Nos. 13-0806 and 13-1833).
|
Jun. 26, 2013 |
Respondent's Status Report filed.
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Jun. 26, 2013 |
Response to Order to Show Cause and Motion to Consolidate Cases filed.
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Jun. 25, 2013 |
Order to Show Cause.
|
Jun. 06, 2013 |
Notice of Appearance (Jack Caolo) filed.
|
May 17, 2013 |
Initial Order.
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May 15, 2013 |
Administrative Complaint filed.
|
May 15, 2013 |
Request for Administrative Hearing filed.
|
May 15, 2013 |
Notice (of Agency referral) filed.
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