Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: HOLDER FAMILY DAYCARE HOME
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Children and Family Services
Locations: Lakeland, Florida
Filed: May 08, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 3, 2014.
Latest Update: Dec. 23, 2024
State of Florida Governor
Department of Children and Families
Esther Jacobo
Interim Secretary
RE Dy a
NAN
MYFLFAMILIES.COM
William S. D’Aiuto
Regionat Managing
Director
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
Certified Mail Return Receipt No. 7013 0600 0001 8073 6529
To: Holder Family Day Care Home
Attention: His Holder
433 Spike Court
Kissimmee, Florida 34759
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department is proposing to impose
administrative fines totaling $200.00. 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 Holder Family Day Care Home for violations of
child care licensing standards in sections 402.301 — 402.319, Fiorida Statutes, and
chapter 65C-20, Florida Administrative Code.
2. His Holder, is licensed under chapter 402, Florida Statutes, and chapter
65C-20, Florida Administrative Code, to operate a family day care home known as
Holder Family Day Care Home located at 433 Spike Court, Kissimmee, Florida 34759.
The family day care home license is currently an Annual License.
3. During a routine inspection conducted on March 21, 2014, you failed to
maintain supervision as required. A child was observed leaving the provider's home with
another child who was not in care.
4. The foregoing facts violate Rule 65C-20.009(5)(a), Florida Administrative Code
(F.A.C.).
5. The violation described in the paragraph above is a Class | violation of a child
care licensing standard. This is the facility’s first occurrence of a Class | violation within
a two-year period. The fine for the March 21, 2014 violation is $200.00.
Central Region @ 1055 Highway 17 North® Florida 33830
Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and
Advance Personal and Family Recovery and Resiliency
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 Office, 200 N Kentucky Ave, Suite 322, Lakeland, FL 33801.
You may also enclose your original Certificate of License.
If you wish to contest the findings of this administrative complaint or the sanctions
imposed, you may do so 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 IN WRITING AND 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 TOA
HEARING.
You may submit your request for an administrative hearing to the Department at the
following addresses:
Cheryl D. Westmoreland, Esquire
Assistant Regional Counsel, Circuit 10
1055 Highway 17, North
Bartow, Florida 33830
Please note 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 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;
(c) An explanation of how the petitioners substantial interests
will be affected by the agency determination;
(d) A statement of when and how the petitioner received notice
of the agency decision;
(e) A statement of all disputed issues of material facts. If there
are none, the petition must so indicate;
(f) 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;
(g)A statement of the specific rules or statutes the petitioner
contends require reversal or modification of the agency’s
proposed action, including an explanation of how the alleged
facts relate to 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 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 O RVI
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by certified mail return ipt to llis Holder c/o 433 Spike Court, Kissimmee,
Florida 34759 this 72" “day of Lael. , 2014,
an
Demetria Nail Chitd Care Regulations Counselor
Docket for Case No: 14-002087
Issue Date |
Proceedings |
Jun. 03, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jun. 03, 2014 |
Petitioner's Notice of Filing Settlement Agreement and Motion to Relinquish Jurisdiction filed.
|
May 15, 2014 |
Order of Pre-hearing Instructions.
|
May 15, 2014 |
Notice of Hearing by Video Teleconference (hearing set for July 16, 2014; 9:30 a.m.; Lakeland and Tallahassee, FL).
|
May 14, 2014 |
Joint Response to Initial Order filed.
|
May 08, 2014 |
Initial Order.
|
May 08, 2014 |
Request for Administrative Hearing filed.
|
May 08, 2014 |
Administrative Complaint filed.
|
May 08, 2014 |
Notice (of Agency referral) filed.
|