Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: KIDS DISCOVERY INTERNATIONAL, INC., OWNER OF KIDS DISCOVERY NO. 6
Judges: SUZANNE VAN WYK
Agency: Department of Children and Family Services
Locations: Pensacola, Florida
Filed: May 14, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 1, 2015.
Latest Update: Nov. 15, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
DEPARTMENT OF CHILDREN
AND FAMILIES,
Petitioner
v. ADMINISTRATIVE FINE
LICENSE NO, C01SR0055
KIDS DISCOVERY INTERNATIONAL, INC,
owner of
KIDS DISCOVERY #6
Respondent
ADMINIS’ AINT
Petitioner, Department of Children and Families, by and through its undersigned counsel, files this
Administrative Complaint against Respondent, Kids Discovery International, Inc,, owner of Kids
Discovery #6, License No. C0iSR00S5S, to impose-a fine in the amount of $275.00. Payment of this fine
can be made directly to the Department of Children and Families, Child Care Regulation, 160 Governmental
Center, Pensacola, Florida 32502, and must be paid within 24 days of receipt of this notice, unless you
request a hearing. As grounds for the imposition of this penalty, the Department states as follows:
l. ‘The State of Florida, Department of Children and Families, has jurisdiction over Respondent
by virtue of the provisions of Sections 402.26-402.319, F' lorida Statutes,
2. The Respondent is licensed to operate as a child care facility pursuant to Sections 402.26—-
401.319, Florida Statutes, and Rule 65C-22, Florida Administrative Code.
3. Respondent committed a violation of Chapter 39, Florida Statutes, and Rule 65C-22.001,
Florida Administrative Code, in regard to child safety. On the Child Care Facility Inspection Checklist dated
2/24/15, the facility was cited for having staff who failed to report within a reasonable time frame, possible
child abuse as defined in Chapter 39, Florida Statutes (Class I violation), (See inspection checklist for
details.) A $250.00 fine is imposed.
4, Respondent committed a violation of Rule 65C-22.002, Florida Administrative Code, in
regard to physical environment, On the Child Care Facility Inspection Checklists dated 2/24/15, 10/30/14,
and 5/29/14, the facility was cited for having areas of the building in need of repair (Class III violation).
(See inspection checklist for details.) A $25.00 fine is imposed.
5, A Notice of Administrative Action was issued 2/25/15.
6. The above-referenced violations constitute grounds to levy this civil penalty pursuant to
Sections 402.310, Florida Statutes, in that the conduct of Respondent constitutes a violation of the minimum
standards, rules, and regulations for operation of a child care facility,
RIGHT TO ADMINISTRATIVE PROCEEDING
IF YOU BELIEVE THIS DECISION IS IN ERROR, YOUMAY REQUEST AN
ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ATTACHED
“NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES.”
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true eee copy of the aL has been furnished by certified
mail, return receipt requested, this Lb aay of
#6, Attention: Nancy Padgett, 5733 Highway 90, Milton, Florida 32570, »
2015, to Kids Discovery
Florida Bar No. 30066
Assistant Regional Counsel
Department of Children and Families
160 Governmental Center, Suite 601
Pensacola, Florida 32502
(850) 595-8057
gh PEN Ry
State of Florida
Department of Children and Families
eaes.30 s
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ty
MYELFAMILIES.COM
NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES
IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY
REQUEST AN ADMINISTRATIVE HEARING UNDER SECTIONS 120,569 AND
120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST
FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT
BY 5:00 P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED
NOTICE OF THE DEPARTMENT'S DECISION,
You must submit your request for an administrative hearing to the Department at the
following addresses:
Assistant Regional Counsel
Florida Department of Children and Families
160 Governmental Center, Suite 601
Pensacola, Florida 32502-5734
IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY
THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR
RIGHTS TO A HEARING AND THE DEPARTMENT'S PROPOSED ACTION WILL BE
FINAL.
If you disagree with the facts stated in the Department's decision, you may request a
formal administrative hearing under section 120.57(1), Florida Statutes. At a formal
hearing, you may present evidence and arguments on all issues involved, and question
the witnesses called by the Department.
If you do not disagree with the facts stated in the notice, you may request an informal
administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing,
you may present your argument or a written statement for consideration by the
Department. ‘
Your request for an administrative hearing must meet the requirements of Rule 28-.
108.201(2) or Rule 28-106.301(2), Florida Administrative Code, depending on whether
you request a formal hearing or an informal hearing. In either event, your request for an
administrative hearing must:
1. Include a copy of the decision received from the Department;
Northwest Region, Circuit 4
160 Governmental Center, Pensacola Florida 32502-5734
i nt
Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and
Advance Personal and Family Recovery and Résiliency © :
2. Be prepared legibly on 8% by 11 inch white paper, and
3. Include all of the following items:
(a) The Department's file or identification number, if known;
(b) Your name, address, email address (if any) and telephone
number and the name, address, email addiess ( if any) and
telephone number of your representative, ifany;
(c) An explanation of how your rights or interests will be affected
by the action described in the notice of the Department's
decision;
(d) A statement of when and how you received notice of the
Department's decision;
(e) A statement of all facts in the notice of the Department's
decision with which you disagree. {f you do not disagree
with any of the facts stated in the notice, you must say so;
(f) A statement of the facts you believe justify a change in the
Department's decision;
(g) A statement of the specific rules or statutes you believe
require reversal or modification of the Department's
proposed action;
(h) A statement explaining how the facts you have alleged
above relate to the specific rules or statutes you have
identified above; and
(i) A statement of the relief you want, including precisely the
action you want the Department to take.
Section 120.569, Florida Statutes, and rule 28-106.204(4), Florida Administrative Code,
require the Department to dismiss your request for hearing if it is not in substantial
compliance with the requirements above.
Mediation as described in section 120.573, Florida Statutes, is not available. However,
other forms of mediation or informal dispute resolution may be available after a timely
request for an administrative hearing has been received, 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 or informal dispute resolution does not result in a
settlement.
Docket for Case No: 15-002706
Issue Date |
Proceedings |
Jul. 13, 2015 |
Transmittal letter from Claudia Llado returning Petitioner's Proposed Exhibits to Petitioner.
|
Jul. 01, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 01, 2015 |
Letter to Judge Van Wyk from Lisa Drake enclosing list of witnesses for the hearing (proposed exhibits not available for viewing) filed.
|
Jul. 01, 2015 |
Joint Motion to Dismiss filed.
|
Jul. 01, 2015 |
Response to Order of Pre-Hearing Instructions, Witness List, and Notice of Service of Exhibits filed.
|
Jun. 29, 2015 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Jun. 29, 2015 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
May 26, 2015 |
Order of Pre-hearing Instructions.
|
May 26, 2015 |
Notice of Hearing by Video Teleconference (hearing set for July 8, 2015; 10:00 a.m., Central Time; Pensacola and Tallahassee, FL).
|
May 22, 2015 |
Joint Response to Initial Order filed.
|
May 15, 2015 |
Initial Order.
|
May 14, 2015 |
Administrative Complaint filed.
|
May 14, 2015 |
Request for Administrative Hearing filed.
|
May 14, 2015 |
Notice (of Agency referral) filed.
|