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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs YMCA PRYME TIME @ PONTE VERDA PALM VALLEY, 01-002490 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-002490 Visitors: 9
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: YMCA PRYME TIME @ PONTE VERDA PALM VALLEY
Judges: DIANE CLEAVINGER
Agency: Department of Children and Family Services
Locations: St. Augustine, Florida
Filed: Jun. 27, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 3, 2001.

Latest Update: Dec. 25, 2024
Sun 11 01 03:37p Dept Childen & Families 9047275519 IN THE MATTER OF A Civil Penalty Against , Certified Mail 7000-2870-0000-2024-2842 e onzalez ; _Return Receipt Requested YMCA Pryme Time @ Ponte Vedra Palms Valley CO) | _ 170 Landrum Lane ' uP Ponte Vedra Beach, FL. 32082 ADMINISTRATIVE COMPLAINT . YOU ARE HEREBY NOTIFIED that the c epartment has imposed a Civil Penalty i in the amount of One Hundred Dollars ($100. 00). As grounds for the i imposition of this penalty, the Department states the following: . i, 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, YMCA of Florida’s First Coast, was provisionally licensed to operate YMCA Pryme Time @ Porte Vedra Palms Valley as a child care facility in compliance * with Florida Statutes, Chapter 402, and Florida Administrative Code (FAC) Chapter 65C-22. 3. The Respondent committed a violation, s. 402.319(b), in that: The YMCA Pryme Time after-school program ‘has been operating without a license since ‘May 1, 2001. The Respondent was made aware of the requirement to obtain the annual fre safety inspection : approval i in early 2001 and to date has not complied. The Respondent has bad ample time to comply with the licensure requirements. Day Care Licensure. Ahn a a i cs il A a i lk ls i i lB ih li ck Ns RSS SAA RR. ~ S 3ssnSSS = RSRSTSIST SSS Jun 11 01 03:38p Dept Childen & Families 9047275519 Administrative Complaint - YMCA PT @P Ponte Vedr May, 2001 i “Page2 P itten 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)(0), F. S. - That law and those rules require the written request for hearing to inc clude the following * informatio The name and address of each agency affected and each agency's file or identificat cation number if known; The name, address and telephone numi ‘the person who is asking for the heating — (the petitioner); The name, address and telephone number of the peitoners representative, if any; / Aa explanation of how the petitioner's substantial interests are or will be affected by the agency decision; ‘ A statement that the petitioner does not dispute the facts upon which the a: gency relied but ; that it wants to ) exercise the e right to be heard | anyway OR a statement that the petitioner Failur 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. jun 11 01 03:38p Dept Childen & Families 9047275519 p-5 The request must be received by the following persons at the following addresses on or before | u — | _twerity-one (21) days of the date on which this notice was first received by the person requesting = e 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 Bivd., Bldg. 1, Ste 407 } Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 | STATE OF FLORIDA, DE ENT OF CHIDLREN AND FAMILIES -* Nancy ‘orley * rogram Administrator la i a i Hi RM te i 5 iin i i i di i 5 i SREERRR _ elgg AY : . . Jun 11 01 03:38p Dept Childen & Families 9047275519 Administrative Complaint - YMCA PT @ Ponte Vedra Palms Valley May, 2001 an Page 4” THERE Cl FY th at e >py of the foregoing has been furnished by US. Certified Mail, 7000-2870-0000-2024-2842, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes, this ge day of May, 2001. ,; oo _..... STATE OF FLORIDA, 7 Nancy sages \ Program Administrator _ DEPARTMENT OF CHILDREN & FAMILIES p.6 1 01 03:39p Dept Childen & Families 9047275519 p.7 MA FLORIDADEPARTMENTOR . CHILDREN y, “% a & FAMILIES “YMCA Pryme Time @ Ponte Vedra Palm Valley Elementary School | _. ATTN: Etiaza Gonzalez 170 Landrum Lane | ~ Ponte Vedra Beach, FL. 32082 “Lam writing to express the Department's concern related to the unlicensed YMC ime @ Ponte rym Vedra Palm Valley Elementary School. Your provisional license expired April 30, 2001. / a provisional tice ry 30, : : : You have had ample time to procure the necessary Environmental Health Department and Fire Department ” approvals, ‘As of this date, we have not received the required fire safety inspection approval. ease be advised that Florida Statutes, s. 402.319(1)(), state “It is a misdemeanor of the first degreé, punishable as provided ins. 775.082 “or 775.083, for any person knowingly fo operate or attempt to operate a child ~"" Gare’ facility without having procured a license as required by this act.” realize that the summer break is fast approaching and your program will be inactive until school resumes. -< You may want to Consider an altémative site at the school for next years after-school child care program. “We must advise you that failure to procure a license from this Department prior to the first day of operation - "of the after-school child care will leave the Department Legal Counsel no altemative but to file an injunction - in the Circult Court, pursuant to Florida Statutes, Chapter 402.312. chat method, and are sure you feel the - If you have any questions or something is unclear, don't hesitate to telephone your licensing counselor. We will be more than happy to assist you any way we possibly can in the licensure process. Sincerely Yours, pS Mau ice Murray - Supervisor, Child Day Care Licensure “= “Jessie Gadner, Child Care Resource Network ~ Trigg Wilkes, YMCA of Florida's First Coast Theresa Rogers, YMCA of Florida’s First Coast

Docket for Case No: 01-002490
Source:  Florida - Division of Administrative Hearings

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