Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: MCDONALD'S PLAYWORLD, INC.
Judges: TODD P. RESAVAGE
Agency: Department of Children and Family Services
Locations: Miami, Florida
Filed: Dec. 19, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 24, 2014.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
Revocation of License Number C1+MD0084
Batreice Barbary
McDonald's Playworld Inc.
6375 NW 2™ Ave Certified Mall Return Receipt No. 7012 1640 0002 1713 4058
Miami, FL 33150
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department of Children and Families Intends to revoke your chit care +
license. The grounds for imposition of this sanction are set forth below:
1. The Department is the administrative agency of the State of Florida, charged with.the.dutyto- enforce.
and administer the provisions of Chapter 402, Florida Statutes, Pursuant to Section 402.3055(2) Florida
Statutes, the Department has the authority to deny your request for licensure.
2. McDonald's Play, inc., License No. C11MD0984, is licensed under Chapter 402, Florida Statutes Florida
Administrative Code, to operate a child care facility known as, McDonald’s Play, Inc., located at, 6375 NW a
Ave, Miami, FL 33150. The child care facliity license is currently an Annual License.
3. On August 13, 2013, an administrative complaint was issued, based on the violations of standards
incurred in connection with the 7/17/2013 re-inspection of provider's facility, and converting provider's license to
probationary status, for a period not to exceed six months. *
The terms of the probation were as follows:
8) Shail pay a total fine in the amount of $200 and any outstanding fines on or before the expiration of
the Probationary License.
b) Shall not violate Standard #14, Facility not in Good Repair, for a sixth occurrence following the
receipt Probationary License.
c) Shall not incur any Class | or Class Il of any Standard following the receipt of the
Probationary License.
d) The Department shall provide technical assistarice to the facility in the form of additional monthly
visits.
4, Your license for a Child Care Facility was set to expire on February 12; 2014. However, the Department
cannot renew your license, as renewal of your license Is contingent upon your compliance with the terms of the
probation and during the probationary period provider incurred {wo additional Class |I violations as set forth
below. ’
5. Therefore, effective immediately, McDonald's Play, Inc., License No. C11 MD0984 is hereby revoked.
Violation: #33: Fire Drills and Emergency Preparedness, Class ti
4. During a reinspection of 9/6/2013, the facility was ciled for a fourth time for violation of Class Hi,
Standard #33, Fire Drills and Emergency Preparedness, as there was no approved and current fire inspection
on site for the licensing authority to review.
2. The foregoing violates Section 65C-22.002(7)(a) of the Florida Administrative Code. The violation
described above is a Class Il violation of the child care licensing standards. It \s the child care facility's fou!
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Class I violation of standard #33 within a two year period and violates the aforementioned terms of the
probationary license.
Violation: #43: Credentialed Staff, Class |!
3. During @ reinspection of 9/6/2013, the facility was first cited for violation of Standard #43, Credentialed
Staff, as the provider had no Director with slaff credentials. Technical assistance and a formal warming letter
were provided to the Operator regarding the Director credeniial requirements. .
4. The aforementioned violates Section 65C-22.003(B)(a) of the Florida Administrative Code and
402.305(2)(f). The violation described above js a Ciass II violation of child care licensing standards. It is the
facility's first Class [| violation of Standard #43, Credentialed Staff, within a two year period and violates the
aforementioned terms of the probationary license.
If you do not wish to contest the findings of this administrative complaint, payment of the fine amount may
be made directly to the Florida Department of Children and Families, Child Care Regulation Offes, 190 Opa
Locka Bivd, Miami, FL 33054.
If you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do 50 as
provided in the notification of rights below.
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 21 DAYS PROVIDED
SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING.
You may submit your request for an adminisirative hearing to the Department at the following addresses: *.
Florida Department of Children and Families
Regional Legat Counsel's Office
ATTN: Karen Milia, Esq.
401 NW 2" Avenue, Suite N-1014
Miami, Florida 33128
Please note that @ request for an administrative hearing must comply with section 120.69(2)(c), Florida
Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions, when read togethér, 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
shail be the address for service purposes during the course of the :
(c) An explanation of how the petitioner's substantial interests will be affected by
the agency determination;
(d} A statement of when and how the petitioner received notice of the agency
decision;
@aAa statement of all disputed issues of material facts. If there are none, the
Petition must so indicate;
(f} Aconcise statement of the ultimate facts alleged, including the specific facts
the petitioner contends warrant reversal or modification of the agency's
proposed action;
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(g) A statement of the specific rules or statutes the petitioner contends require
reversal or modification of the agency's proposed action, Including an
expianation of how the alleged facts relate fo the specific rules or statutes; and
(h) 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 procesding is not affected when meilation
does not result in a settiement,
CERTIFIGATE OF SERVICE
4 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail retum
receipt 7012 1840 0002 1713 4055 to McDonald's Playworld inc, c/o Batreice Barbary, Director, 6375 Nw 2
Ave, Miami, FL 33750 on the 22™ day of November, 2013.
Suzette F
Regional Program Safety Manager
Florida Department of Children and Families
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Docket for Case No: 13-004941
Issue Date |
Proceedings |
Feb. 24, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 24, 2014 |
Notice of Filing Settlement Agreement filed.
|
Jan. 09, 2014 |
Order of Pre-hearing Instructions.
|
Jan. 09, 2014 |
Notice of Hearing by Video Teleconference (hearing set for March 4, 2014; 9:00 a.m.; Miami and Tallahassee, FL).
|
Dec. 20, 2013 |
Joint Response to Initial Order filed.
|
Dec. 20, 2013 |
Initial Order.
|
Dec. 19, 2013 |
Administrative Complaint filed.
|
Dec. 19, 2013 |
Request for Administrative Hearing filed.
|
Dec. 19, 2013 |
Notice (of Agency referral) filed.
|
Dec. 19, 2013 |
Agency action letter filed.
|