Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: UNITED FAITH CHRISTIAN ACADEMY
Judges: FRED L. BUCKINE
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Aug. 06, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 13, 2004.
Latest Update: Sep. 21, 2024
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Revocation of Child Care Facility License Qigkis — Wp
STATE OF FLORIDA ,
DEPARTMENT OF CHILDREN AND FAMILIES O4 - 4) a ly
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IN THE MATTER OF:
A Civil Penalty Against
. United Faith Outreach Ministries
United Faith Christian Academy
800 Symonds Avenue
\Minter Park, Florida 32789
ADMINISTRATIVE COMPLAINT
“oe _ .. NATURE OF-THE-CASE —- fe
14. This case arises from the Respondent's failure to comply with Sections 402.301-
402.319 et seq., Florida Statutes with respect to licensure requirements.
2. This is an administrative action for imposition of civil penalties per known incident(s) of
occurrence as authorized in section 402.310, Florida Statutes.
3. Petitioner, State of Florida, Department of Children and Families is the administrative
agency of the State of Florida, charged with the duty to enforce and administer tre provisions of
Chapter 402, Florida Statutes.
4, On January 2, 2004, the facility was notified by certified mail that United Faith
Christian Academy Child Care Facility was in violation of s.402.305 (2)(f), Florida Statutes and
85C-22.003 (7)(a), Florida Administrative Code in that documentation of your director credential
had not been provided to the Department. The facility was given 10 business days from the date
of the letter to provide documentation (a copy) of the director credential certifica‘e or training
transcript. The facility was advised that failure to comply with documentation recuirements will
result in the immediate issuance of a provisional license for a period not to exceed six months.
5. On January 16, 2004, the Department had not received documentation of the facility's
director credential, therefore the facility was issued a provisional license for the period January 2,
2004 through July 2, 2004. As part of the corrective action, the Departmert requested monthly
updates on the facility's progress towards earning a director credential or hiring a director with the
appropriate credential, to be given to the licensing representative by mail or telephonically.
These updates were due by the 15” of each month.
6. On June 2, 2004, the facility was notified by certified mail advising tre facility’ of the
continued noncompliance and that documentation must be received by the Department or action
to revoke the provisional license will be initiated.
7. Additionally, tr.e Department required signed acknowledgements of the director
credential requirement by owner/director, provided information regarding late course offerings
and conducted telephone surveys documenting progress toward compliance.
Therefore, you are hereby notified of the Department's intent to revoke your license to
operate United Faith Christian Academy.
This decision is based on the facility's failure to comply with s.402.305 (2)(f) and 65C-22 093
(7)(a), Florida Administrative Code, which state in part, respectively:
“By January 1, 2004, the (director) credential shall be a minimum
standard for licensing”.
“Pursuant to Section 402.305 (2)(f), Florida Statutes, every child
care facility director must have a director credential by
January 1, 2004, which consists of the foundational level or the
advanced level. As of January 1,2004, every applicant for a license
to operate a child care facility or a license for a change of ownership
of a child care facility must document that the facility director hasa
director credential prior to issuance of the license to operate the facility”.
NOTICE OF RIGHTS
This decision constitutes final agency action unless a person who is substantially affected by it
submits a written request for hearing that is received within twenty-one 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 (F.S.), and either Rule 23-10€.201 or Rule 28
408.301, Florida Administrative Code, or e'se 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:
4. 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 of the person who is asking for the hearing
(the petitioner);
3. The name, address, and telephone number of the petitioner's representative, if any;
4. An explanation of how the petitioner's substantial interests are or will be affected by
the agency decision; ,
5. A statement of when and how the petitioner received notice of the agency decision;
6. Astatement that the petitioner does not dispute the facts upon which the agency relied
but that it wants to exercise the right fo 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;
7. Aconcise 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;
8. Astatement of the specific rules or statutes that the petitioner believes requires the
agency to reverse or modify its decision; and
9. Astatement specifying what action the petitioner wants the agency to take in the matter.
Failure to request a hearing in writing and within the time frames required in this notice or jailure
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:
Bery! Thompson-McClary Paul Flounlacker, Agency Clerk
Licensing Attorney : Department of Children & Families
Department of Children & Families Office of the General Counsel
400 West Robinson Street, S-1106 1323 Winewood Bivd., Bidg. 1, Suite 407
Orlando, Fiorida 32801 Tallahassee, FL. 32301
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
District Administrator or Desi
Licewrln,
CERTIFICATION OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Certified Mail #, 7003 2260 0006 0141 4060, Return Receipt Requested, in
accordance with ss. 120.60(3), Florida Statutes, this 2nd day of July. 2004.
STATE OF FLORIDA, :
DEPARTMENT OF CHILDREN & FAMILIES
District Administrator or Designee .
’
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“ed
Docket for Case No: 04-002765
Issue Date |
Proceedings |
Sep. 13, 2004 |
Order Closing File. CASE CLOSED.
|
Sep. 08, 2004 |
Letter to Judge Buckine from H. Green withdrawing our request for hearing (filed via facsimile).
|
Aug. 30, 2004 |
Letter to Judge Buckine from H. Green regarding withdrawing request for hearing filed.
|
Aug. 20, 2004 |
Order of Pre-hearing Instructions.
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Aug. 20, 2004 |
Notice of Hearing (hearing set for September 21, 2004; 9:30 a.m.; Orlando, FL).
|
Aug. 10, 2004 |
Petitioner`s Response to Initial Order (filed via facsimile).
|
Aug. 06, 2004 |
Initial Order.
|
Aug. 06, 2004 |
Request for Administrative Hearing filed.
|
Aug. 06, 2004 |
Administrative Complaint filed.
|
Aug. 06, 2004 |
Notice (of Agency referral) filed.
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