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WINNERS` PRESCHOOL AND CHILD CARE CENTER vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES, 02-003886 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-003886 Visitors: 29
Petitioner: WINNERS` PRESCHOOL AND CHILD CARE CENTER
Respondent: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Judges: WILLIAM R. CAVE
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Oct. 04, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 3, 2003.

Latest Update: Dec. 25, 2024
AUG-27- : ~27-20@2 15:89 DCF LICENSING OFFICE 4a@7 245 A576 P.a6 » STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES \ INTHEMATTEROF certified Mail: 7002 1006 DO0E 8547 0859 A Civil Penalty Against RETURN RECEIPT REQUESTED Winner’s Preschool and Child Care Center 6848 Silver Star Road Orlando, Florida 32818 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $300.00. 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, Helen Makinde, dba Winner’s Preschool and Child Care Center, was licensed on license number #1299-19, issued on June 2, 2002, to operate Winner's Preschool and Child Care Center, 6848 Silver Star Road, Orlando, Florida, 32818, 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)(4)(1) and (3), Florida Administrative Code, and Rule 65C-22.001(6)(a); F.A.C., with respect to field trip and transportation requirements. In response to a complaint, the licensing representative Jearned that medical authorization for the driver had expired, there was no additional staff on the field trip for supervision, and there was nO telephone or other means of communication available to staff on the trip, all of which are required by rule. The complaint investigation report is attached as “pxhibit A.” This facility was fined in November 2001 for transportation safety requirements. For these violations of transportation/field trip requirements, the department imposes 4 fine of $100.00 for each, resulting ina total administrative fine of $300. This fine 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 S. 402.310(1)(a), F.S.5 in that the above referenced conduct of AUGT27-2082 1S'a9 DCF LICENSING OFFICE 4@7 245 BS76 P.@ ¢ 4? Respondent constitutes @ violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. PAYMENT OF FINE. IE 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, & 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 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 less 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 ofa 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 confonn to the requirement of Florida Administrative Code, Rule 28- ‘ Te AUG-27-21 : JG-27-2002 15:10 DCF LICENSING OFFICE 42? 245 3576 S asr P.a8 106.201 or Rule 28-106.301 and must state what issues and material facts you dispute, or it will be dismissed. * , 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 8.120.57(2), FLORIDA STATUTES (2000), 4 bff Robert R. Morin, Jr., District A jnistrator CERTIFICATE OF SERVICE J] HEREBY CERTIFY that a true copy hereof was sent to Helen Makinde, dba Winner’s Preschool and Child Care Center, 6848 Silver Star Road, Orlando, Florida, 32818, by U.S. Certified Mail, Return Receipt Requested, Certificate # 7002 1000 0004 8547 0859 and by U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes (2000), this 13th day of August 2002. Richard Cato Licensing Attorney Florida Bar No. 650242 400 West Robinson Street, S-1106 Orlando, Florida 32801-1782 (407) 245-0530

Docket for Case No: 02-003886
Source:  Florida - Division of Administrative Hearings

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