Elawyers Elawyers
Ohio| Change

ARR CHILD CARE, INC., D/B/A CHILD`S PLACE vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES, 02-002629 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-002629 Visitors: 12
Petitioner: ARR CHILD CARE, INC., D/B/A CHILD`S PLACE
Respondent: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Judges: FRED L. BUCKINE
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Jul. 02, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 26, 2002.

Latest Update: Jun. 06, 2024
a JUN; 24-288, : It 2 12:85 DCF LICENSING OFFICE 487 245 FS75 F.@2 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF CERTIFIED MAIL: 7000 1530 0004 0a 2304 w A Civil Penalty Against RETURN RECEIPT REQUESTED an ARR Child Care, Inc, Dba Child’s Place 6 2 2301 East Michigan Street { } —_ 7 Orlando, Florida 32806 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $1300.00. As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of sections 402.301 - 402.319, Florida Statutes. 2. The Respondent, Alex Rodriguez, (ARR Child Care, Inc,), was licensed on license number 599-33, issued on May 21, 2001 to operate Child’s Place, 230! East Michigan Street, Orlando, Florida, 32806, as a Child Care Facility in accordance with Chapter 402, Florida Statutes, and Florida Administrative Code, Rule 65C-22. 3. Respondent committed violations of Rule 65C-22.001(5)(a) with respect to direct supervision when on April 1, 2002, two children, both two years of age, exited the facility playground unnoticed by staff and were returned by a passing motorist, During an investigation of this incident the licensing representative observed no screening documentation on two recent hires, a violation of Rule 65C-22.006(5), F.A.C. which requires Level 2 screening and documentation of such, For the Class I violation of direct supervision, the department imposes a fine of $500 per known child, a total of $1000, For the violation of background screening, the department imposes a fine of $150 per known employees, a total of $300. The total administrative fine of $1300.00 is imposed in accordance with Section 402.310 of the Florida Statutes. 4, The above referenced violations constitute grounds to levy this Civil Penalty pursuant to ss. 402.310(1)(a), Florida Statutes, in that the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation ofa Child Care Facility. JUN24-20G2 12: as Eee DCF LICENSING OFFICE PAYMENT OF FINE, IF NOT CONTESTED Payment of this fine can be made directly to the Department of Children and Family Services. The mailing address is Department of Children and Families; District 7 Licensing Office; 400 West Robinson Street; Suite $812; Orlando, Florida 32801-9425; ’ Attention: Child Care Licensure. STATEMENT OF RIGHTS Please be advised that you have the right to contest this Civil Penalty through an administrative hearing pursuant to Section 120.57, Florida Statutes, but that you have no more than twenty one (21) days from the date the Administrative Complaint is received to initiate this formal review. To initiate this formal review process, a petition for formal hearing must be received by the following individuals within the twenty one (21) day time frame: Robert R. Morin, Jr., District 7 Administrator Peggy Sanford, Agency Clerk Department of Children and Families Department of Children and Families District 7 Legal Department, $.1106 Office of the General Counsel 400 West Robinson Street; South Tower 1317 Winewood Blvd.,Bldg.2, #204 Orlando, Florida 32801-9425 Tallahassee, Florida 32301 No later than fifteen (15) days after receipt of your written request for a formal hearing, the request for a hearing shall be granted or denied. Absent the consent of all parties, the hearing will not commence on Jess than fourteen (14) days’ notice. Finally, in accordance with s. 120,57 (b)(4), Florida Statutes (1996), all parties to this cause have the opportunity to respond, to present evidence and argument of all issues involved, to conduct cross-examination and submit evidence, to submit proposed findings of fact and order, to file exceptions to any order of a hearing officer's recommended order, and to be represented by counsel (at your expense). In addition, you have the right to have subpoenas and subpoenas duces tecum issued, Your request for an administrative hearing must conform to the requirements of Florida Administrative Code, Rule 28-106.201 or Rule 28-106.301 and must state what issues and material facts you dispute, or it will be dismissed. Sc essences, TN 24-202 12:86 407 245 G&S Fd DCF LICENSING OFFICE FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FOR A HEARING MAY BE TREATED BY THE DEPARTMENT OF CHILDREN AND FAMILIES AS AN ELECTION BY YOU FOR THE INFORMAL PROCEEDINGS UNDER s.120,57 (2), FLORIDA STATUTES (2000). LL. obert R. Morin, Jr. District 7 Administrator CERTIFICATE OF SERVICE THEREBY CERTIFY that a true copy hereof was sent to Alex Rodriguez, President of ARR Child Care, Inc., dba Child's Place, 2301 East Michigan Street, Orlando, Florida 32806 by U.S. Certified Mail, Return Receipt Requested, Certificate(s) #7000 1530 0004 0326 2304 and by U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes (2000), this 30th day of May, 2002. Lok Ek ichard Cato Licensing Attomey Florida Bar No. 650242 400 West Robinson Street, Suite 5-1106 Orlando, Florida 32801-1782 (407) 245-0530 TOTAL F.G4

Docket for Case No: 02-002629
Issue Date Proceedings
Nov. 26, 2002 Order Closing File issued. CASE CLOSED.
Nov. 25, 2002 Unopposed Motion to Dismiss (filed by Petitioner via facsimile).
Oct. 29, 2002 Order of Pre-hearing Instructions issued.
Oct. 29, 2002 Notice of Hearing issued (hearing set for December 4, 2002; 9:00 a.m.; Orlando, FL).
Oct. 24, 2002 Order of Consolidation issued. Case No.: 02-003887 was added to the consolidated batch.
Oct. 23, 2002 Petitioner`s Response to Initial Order and Motion to Consolidate (cases to be consolidated are: 02-2629, 02-2743, 02-3887, filed via facsimile)
Sep. 13, 2002 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by October 14, 2002).
Sep. 10, 2002 Order of Pre-hearing Instructions issued.
Sep. 10, 2002 Amended Notice of Video Teleconference issued. (hearing scheduled for September 19, 2002; 9:00 a.m.; Orlando and Tallahassee, FL, amended as to case numbers).
Sep. 06, 2002 Unopposed Motion to Abate, to Consolidate and to Continue (filed by Petitioner via facsimile).
Aug. 05, 2002 Petitioner`s Response to Request for Admissions filed.
Jul. 25, 2002 Request for Production filed by Petitioner.
Jul. 25, 2002 Notice of Service of Interrogatories filed by Petitioner.
Jul. 23, 2002 Order issued. (Amending case style)
Jul. 23, 2002 Order of Consolidation issued. (consolidated cases are: 02-002629, 02-002743)
Jul. 23, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jul. 16, 2002 Order of Pre-hearing Instructions issued.
Jul. 16, 2002 Notice of Hearing by Video Teleconference issued (video hearing set for September 19, 2002; 9:00 a.m.; Orlando and Tallahassee, FL).
Jul. 11, 2002 Request for Production filed by Petitioner
Jul. 11, 2002 Notice of Service of Interrogatories filed by Petitioner
Jul. 09, 2002 Respondent`s Request for Admissions (filed via facsimile).
Jul. 08, 2002 Respondent`s Response to Initial Order (filed via facsimile).
Jul. 02, 2002 Initial Order issued.
Jul. 02, 2002 Administrative Complaint filed.
Jul. 02, 2002 Answer to Administrative Complaint filed.
Jul. 02, 2002 Notice filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer