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DEPARTMENT OF CHILDREN AND FAMILIES vs CORNERSTONE PREPARATORY SCHOOL, D/B/A CORNERSTONE PREPARATORY SCHOOL, 14-004038 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004038 Visitors: 33
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: CORNERSTONE PREPARATORY SCHOOL, D/B/A CORNERSTONE PREPARATORY SCHOOL
Judges: SUZANNE VAN WYK
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Aug. 25, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 8, 2014.

Latest Update: Nov. 20, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Cormerstone Preparatory School Certified Mail: 7012 3460 0002 3963 5571 a/bfa Cormerstone Preparatory School Returm Receipt Requested 9039 Beach Boulevard Jacksonville, FL 32216 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Gne Hundred Dollars ($100.00). 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 Comerstone Preparatory School d/b/a Cornerstone Preparatory School for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Cornerstone Preparatory School is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Cornerstone Preparatory School License #C04DU1066 located at 9039 Beach Boulevard, Jacksonville, FL 32216. The facility license is currently a REGULAR License. 3. During a Complaint Investigation on June 10, 2014 DCF Licensing Counselor Rosebud Hilliard determined that: The facility's outdoor play area was not fenced to prevent children’s access to a water hazard. The Counselor and Supervisor observed eleven (11) children playing in an area which contained a large water slide and two pools with water in both pools accessible to the children. 4. The foregoing facts violate Florida Administrative Code 65C-22.002(4)(d}-which states: The facility's outdoor play area shall be fenced in accordance with local ordinances to prevent EXHIBIT access by children to all water hazards, within or adjacent to outdoor play areas, such as pools, ditches, retention and fish ponds. 5. The violation described above is a Class | violation of child care licensing standards. It is the facility's first (1°) Class [ violation of Child Care Facility Standards Classifications Summary #22 Fencing within a two-year period. The fine imposed for this violation is One Hundred Dollars ($100.00). If you do not wish to contest the findings of this administrative complaint, please submit a cashier's check or money order made payable to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231 If you wish to contest the findings of this administrative complaint and/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 TO A HEARING. You may submit your request for an administrative hearing to the Department at the following addresses: David Tucker Gregory D. Venz, Agency Clerk Chief Legal Counsel Department of Children & Families Department of Children & Families Office of the General Counsel P.O, Box 2417 1323 Winewood Blvd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL 32301 _ 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 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 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, (e) A 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; (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 telate 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 OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail retum receipt no. 7012 3460 0002 3963 5571 to Cornerstone Preparatory School d/b/a Cornerstone Preparatory School, 9039 Beach Boulevard, Jacksonville, FL 32216 this ai 9 ay of July 2014.

Docket for Case No: 14-004038
Source:  Florida - Division of Administrative Hearings

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