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DEPARTMENT OF CHILDREN AND FAMILIES vs PEEK-A-BOO LEARNING CENTER, 16-001059 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001059 Visitors: 4
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: PEEK-A-BOO LEARNING CENTER
Judges: J. BRUCE CULPEPPER
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Feb. 23, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 8, 2016.

Latest Update: Jun. 16, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Peek-A-Boo Learning Center Inc, 1304 N Pine Hills Road Orlando, FL 32808 . . Po pH OL /S Certified Mail Return Receipt No. -7O/2.3050 0002 1 7U9 1619 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of $50.00. 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 Peek-A-Boo Learning Center Inc. for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Peek-A-Boo Learning Center Inc. is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility located at 1304 N Pine Hills Road, Orlando, FL 32808. The facility license is currently regular annual license. 3. Respondent committed a Class IT violation of 65C-22.001(4)(a)&(b)1.&2., Florida Administrative Code, with respect to ratio requirements. On January 4, 2016 the facility was found to have an insufficient number of staff present to care for the children attending the facility. The inspection for January 4, 2016 is attached as Exhibit “A”, For this violation, the Department imposes a $50 fine which is imposed in accordance with Section 402.310(10){a), Florida Statutes. 4, The foregoing facts violate 65C-22.001(4)(a) &(b)1.&2., Florida Administrative Code. 5. The violation described above is a class II violation of child care licensing standards. It is the facility’s second class JI violation of ratio requirements within a two-year period. The fine imposed for this violation is $50. Total Fine Due: $50 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 by money order or cashier’s check, The mailing address is: Department of Children and Families Attention: Child Care Regulation 400 West Robinson Street S-929 Orlando, Florida 32801 If you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do so as provided in the notification of rights below. RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Peek A Boo Learning Center located at 1304 N Pine Hills Road, Orlando, FL 32808 this 25th day of January, 2016. Christina E CO Child Care Regulation Supervisor 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 THE DEPARTMENT'S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following addresses: Stefanie Beach Canfield, Esq. Department of Children and Families /O District Lega! Office, S-1129 400 West Robinson Street Orlando, Florida 32801-9425 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. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT, AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. If you disagree with the facts stated in the Department’s administrative complaint, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. Ata formal hearing, you may present evidence and arguments on all issues involved, and question the witnesses called by the Department. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department's administrative complaint, 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. You have the right to be represented by counsel or other qualified representative. Your request for an administrative hearing must meet the requirements of Rule 28- 106.2015(5), Florida Administrative Code, must be prepared legibly on 8’ by 11 inch white paper, and include all of the following items: (a) Your name, address, email address (if any) and telephone number, (b) The name, address, email address (if any) and telephone number of your attomey or qualified representative, ifany (c) A statement requesting an administrative hearing. (d) A statement of all facts in the administrative complaint with which you disagree. If you do not disagree with any of the facts stated in the administrative complaint, you must say so. (e) A statement of when and how you received the administrative complaint. (f) A statement identifying the file number of the administrative complaint, if shown on the administrative complaint Section 120.569, Florida Statutes, and rule 28-106.201(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. Please contact the Program Office (850) 488-4900 should you have additional questions or concerns,

Docket for Case No: 16-001059
Source:  Florida - Division of Administrative Hearings

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