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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs KIDS WORLD OF STARS, INC., 01-000446 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000446 Visitors: 8
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: KIDS WORLD OF STARS, INC.
Judges: DON W. DAVIS
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Jan. 31, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 7, 2001.

Latest Update: Jan. 05, 2025
Jan-26-01 08:46A FL Dept Chn and Families 904 727-5519 P.o3 oO & se s Wy Wan STATE OF FLORIDA OY, % DEPARTMENT OF CHILDREN & FAMILIES S 5, IN THE MATTER OF oy A Civil Penalty Against Certified Mail Z-490-927-489 "Sq Kids World of Stars, Inc. Return Receipt Requested . 4027 Moncrief Road Jacksonville, FL. 32209 Ol ote ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Hundred and Twenty-five Dollars ($125.00). 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 Respondent, Margaret Lee, is licensed to operate Kids World of Stars, Inc., as a Child Care Facility in compliance with Florida Statutes, Chapter 402, and Florida Administrative Code (FAC) Chapter 65C-22. 3. During an investigation on December 18, 2000, it was determined that the Respondent committed the following violations: FAC Chapter 65C-22,006(1), in that: The facility files were locked and not available for the counselor’s review, All required records shall be maintained pursuant to s. 402.305(2), F.S., and available at the facility during the hours of operation for the licensing authority to review. A warning letter was sent on June 21, 1999, concerning this same violation. FAC Chapter 65C-22.001(5)(a), in that: The counselor observed children ranging from 3 —5 years of age in a classroom without direct supervision. Direct supervision means watching and directing children’s activities within the same room or designated outdoor play area responding to each child’s needs. FAC Chapter 65C-22,001(4), in that: The counselor observed forty-two (42) children in care ranging in ages from 1 year to 6 years of age with only two staff members present. The required number for this mixed-age group is four (4) staff members. The staff-to-children ratio, as established in s. 402.305(4), F.S., is based on primary responsibility for the direct supervision of children and applies at all times while children are in care. aoe i Jan-26-01 08:46A FL Dept Chn and Families 904 727-5519 P.O4 i Administrative Complaint Kids World of Stars, Inc. January, 2000 - Page 2 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. 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-26-01 08:47A FL Dept Chn and Families 904 727-5519 NOTICE OF RIGHTS This decision constitutes final agency action unless a person who is sub stantially affected by it submits a written request for hearing that is received within twenty-one (21) days from the date on which he or she first receives this notice. The request for hearing must also meet the requirements of Section 120.562, Florida Statutes and either Rule 28-106.201 or Rule 28-106.301, Florida Administrative Code, or else it will be dismissed as required by Section 120.569(2\(c), F.S. That law and those rules require the written request for hearing to include the following information: 1. The name and address of each agency affected and each agency's file or identification number if known; The name, address and telephone number of the person who is asking for the hearing (the petitioner); The name, address and telephone number of the petitioner's representative, if any; An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; A statement of when and how the petitioner received notice of the agency decision; A statement that the petitioner does not dispute the facts upon which the agency relied but that it wants to exercise the right to be heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute; A concise statement of the facts as the petitioner perceives them to be, including the specific facts set out by the agency that the petitioner wants the agency to reverse or change; A statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and A statement specifying what action the petitioner wants the agency to take in the matter, P.O5 Jam-26-01 08:47A FL Dept Chn and Families 904 727-5519 P.O6 NOTICE OF RIGHTS Page 2 Failure to request a hearing in writing and within the time frames required in this notice or failure to provide the information required by the law and rules governing requests for Chapter 120 hearings constitutes a complete waiver of any right that a substantially affected person may have to challenge this decision. The request must be received by the following persons at the following addresses on or before twenty-one (21) days of the date on which this notice was first received by the person requesting the hearing: Roger Williams Virginia Daire, Agency Clerk Assistant General Counsel Department of Children & Families Department of Children & Families Office of the General Counsel P.O. Box 2417 1323 Winewood Blvd., Bidg. 1, Ste 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHIDLREN AND FAMILIES Nancy Coley s Ne Program Administrator a | Jan-26-01 08:47A FL Dept Chn and Families 904 727-5519 P.O7 | CERTIFI F SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by US. Certified Mail, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes, thisy~ day of January, 2001. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Nancy Cotley y C Program Administrator

Docket for Case No: 01-000446
Source:  Florida - Division of Administrative Hearings

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