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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs LOVE CENTER DAY CARE, 01-000104 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000104 Visitors: 4
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: LOVE CENTER DAY CARE
Judges: P. MICHAEL RUFF
Agency: Department of Children and Family Services
Locations: Macclenny, Florida
Filed: Jan. 09, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 30, 2001.

Latest Update: Dec. 22, 2024
Jan-04-01 O08:57A res 01 JAN -§ ANIO: Sh STATE OF FLORIDA DEPARTMENT OF CHILDREN & F { GIVSi Ut | IN THE MATTER OF AgMIN Wesige A Civil Penalty Against Certified Mail Z-49p 292% : Love Center — School Age Return Receipt Requested i ATTN: Natalie and Charles Wilson [-104 P.O. Box 1034 Macclenny, FL. 32034 YOU ARE HEREBY NOTIFIED that the Department has imppsed a Civil Penalty in the amount of Three Hundred Dollars ($300.00), As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children & Families, State of Florida, has jurisdiction over Respondent by virtues of the provisions of Chapter 402.301 - 402.319, Florida Statutes. 2. The Respondents, Natalie and Charles Wilson, afe licensed to operate Love Center ~ School Age, as a Child Care Facility in compliance with Chapter 402, Florida Statutes (FS), and Florida Administrative Code (FAC) Rule 65) 3. Respondents committed the following violations a FS, ss. 402.305(2)(c) and 402.302(2), in that: On December 06, 2000, | Volunteers, 15-year-old Cecilia Wilson and 17-year-old Alice Bristol, were supervising eighteen (18) children in front the Macclenny Elementary/Middle Schools’ playground. They were waiting for the facilities’ grey van to transport them fo the child care facility on 681 W. Minnesota Avenue. This violation was previously cited on March 23, 2000. b. FAC Rule 65C-22,001(6)(e), in that: On December 06, 2000, Ms. Vicki Surrency transported fourteen (14) children in the facilities’ grey van. This van had two broken seat belts. This violation was previously cited on 02-23-2000, resulting in an administrative fine levied on February 25, 2000. 4, The above referenced violations constitute grounds to levy this Civil Penalty pursuant to Chapter 402, Florida Statutes, in that the above referenced conduct of Respondent Constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility, Jan-04-01 08:58A Administrative Complaint Love Center — School Age Page 2 5. Payment of this fine can be made directly to the Department of Children and Families. The mailing address is: PO Box 2417, Jacksonville, FL 32231, Attention: Child Day Care Licensure. | Jan-04-01 08:58A Pied NOTIFICATION OF RIGHTS 01 JAN -S ANIC: 54 (SiGe oF 1. You, as Petitioner, have a right to request an administrative hearing to be, Breuer ADVE by counsel or other qualified representative, give parties or their|counsel an opportuafty, AINGS convenient time and place, to present the agency or hearing offider written or oral evidence in Opposition to the action of the agency or to its refusal to act, or written statement challenging the grounds upon which the agency has chosen to justify its action or inaction. a. Any hearing request or answer to this administrative complaint shall be made in writing and the response should include the following; (1) ‘The name and address of each agency affected and each agency’s file or identification number, if known, (2) The name, address and telephone number bf 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 and an explanation of how the petitioner’s substantial interest will be affected by the agency determination, G) A statement of when and how the petitioner received notice of the agency decision, (4) A statement of all disputed issues of materi fact. If there are none, the petitioner must so indicate, (5) Aconcise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief, and (6) | Ademand for relief. b. Except for good cause: (1) Factual matters alleged in this complaint and not denied in the Request for Hearing shall be presumed admitted. (2) Failure to raise a particular defense in the equest for Hearing will be considered a waiver of such defense. c. Any new matter raised in the Request for Hearing shall be presumed to be denied by the Department. d. Evidence shall not be taken on any issue not raised|in the administrative complaint and the Request for Hearing. Jan-04-01 08:58A e. If the Petitioners desire to request a hearing, they must forward their request to: Maurice Murray, Supervisor Virginia Daire, Agency Clerk Department of Children & Familiés Department of Children & Families Child Day Care Licensure Office of the General Counsel PO Box 2417 1323 Winewood Blvd., Bldg 1, Suite 407 Jacksonville, FL 32231-0083 Tallaha: 2. This administrative complaint is issued pursuant to ss, 120.569 and 120.57, Florida Statutes. Any proceeding concerning this complaint shall be conducted pursuant to the Department of Children and Families Rules and Practice Procedure. Florida Administrative Code, Chapter 10-2, et seq. and the Model Rules of Procedure, Florida Administrative Code, | Chapter 28. 3. The Petitioners are given full notice to this agency action. Unless a request for a hearing is received by the Department within thirty (30) days after receipt pf this complaint, the respondent has waived his right to contest this action and this administrativ complaint becomes final order of the Department. | i | i | STATE OF FLORIDA, DEPARTMENT OF C REN & FAMILIES Nancy D-Corley Program Administrator Jan-04-01 08:58A . I HEREBY CERTIFY that a true and correct co: US. Certified Mail, Return Receipt Requested, in accordance Statutes, this _\q4-~day of December, 2000. has been furnished by ith ss 120.60(3), Florida STATE OF FLORIDA, DEPARTMENT OF Program Administrator

Docket for Case No: 01-000104
Source:  Florida - Division of Administrative Hearings

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