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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs SCHOOL BOARD OF ST. LUCIE COUNTY, 04-003487 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-003487 Visitors: 34
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: SCHOOL BOARD OF ST. LUCIE COUNTY
Judges: STUART M. LERNER
Agency: Department of Children and Family Services
Locations: Fort Pierce, Florida
Filed: Sep. 27, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 19, 2005.

Latest Update: Dec. 23, 2024
sen 16 2004 7:G7AN DISTRICT ADMENTSTRATION Ne 6728 FD STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF: A Civil Penalty Against Ms. Sandy Wolfe 4. Y k | Assistant Superitendent 0) ~ School Board of St. Lucie County 4204 Okeechobee Road Fort Pierce, FL 34947 ADMINISTRATIVE COMPLAINT NATURE OF THE CASE 1. This case arises from the Respondent's failure io comply with Sections 402.301- 402.319 et seq,, Florida Statutes with raspact to licensure requirements. 2. This is an administrative actlon 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 the provisions of Chapter 402, Florida Statutes. 4, On January 5, 2004, the facility was notified by certified mail that the Lucie Adolescent Parent Program at the Anglewood Center School, a child care facility, was in violation of 5.402.305 (2)(f), Florida Statutes and 65C-22.003 (7)(a), Florida Administrative Code in that documentation of your director credential had not been provided to the Department. At that time also, a Provisional License to continue operation of the facility was Issued with an expiration date of June 30, 2004, The facility was advised that failure to comply with documentation requirements by the expiration date would result in this administrative and legal action, 5. The Department has not received documentation of your director credential to this date In spite of repeated direct contacts with you and/or the facility director, a series of mail out Notifications to you, and your written acknowledgement that you understand this requirement. Also as part of the corrective action toward satisfying this standard, you have provided monthly updates on the facility's progress towards earming a director credential or hiring a director with the appropriate credential. However, the requirement has not yet been met. 6. On June 1, 2004, the facility was notified by certified mail advising the facility of the continued noncompliance and that action by the Department to revoke the provisional license would be initiated. Therefore, you are hereby notified of the REVOCATION of your license # C15SL0027 to operate the Lucie Adolescent Parenting Program (name of facility) effective immediately. You are provided a time period of no longer than two weeks to provide effective notification to parents (or those acting for parents) of the need to enroll their children elsewhere. $23.16. 2004 77M DISTRICT ADMINISTRATION No. 6728. This desision is based on the facility's failure to comply with s.402.305 (2)(f) and 64C-22.003 (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 has a 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 recelved 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 28-106.201 or Rule 28- 106.301, Florida Administrative Code, of else it will be dismissed as required by Section 120.669(2)(c), F.S, That law and those rules require the written request for hearing to Include the following information: 41. The name and address of each agency affected and sach agency's file or identification number if known; 2. The narne, 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. 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; .7,-A-concise statement-of the facts as the_patitlaner perceives them to he, including tha_ specific facts set out by the agency that the petitioner wants the agency to reverse or change; , 8. A statement of the specific rules or statutes that the petitloner believes requires the agency to reverse or modify Its decision; and Sea. 16. Dh02 7LSAM | DISTRECT ADMINES* RATION he 6726 F 9. A statement 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 fallure to provide the information required by the law and rules goveming requests for Chapter 120 hearings constitutes a complete watver of any fight that @ substantially affected person may have to challenge this decision. The request must be recelved 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: Paul Flounlacker, Agency Clerk Department of Childran & Families Office of the General Counsel 4323 Winewood Bid., Bidg. 1, Suite 407 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES District Administrator or Designee CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished by U.S. Certifled Mail #7003 0500 0000 3168 8933, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes, this 4) & day of Sy 2004. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES od RARE District Administrator or Designee

Docket for Case No: 04-003487
Issue Date Proceedings
Jan. 19, 2005 Order Closing File. CASE CLOSED.
Jan. 18, 2005 Notice of Voluntary Dismissal without Prejudice filed.
Jan. 04, 2005 Order Continuing Case in Abeyance (parties to advise status by January 21, 2005).
Jan. 03, 2005 Status Report and Agreed Motion to Continue Holding Proceeding in Abeyance filed.
Oct. 28, 2004 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by January 3, 2005).
Oct. 27, 2004 Agreed Motion to Continue Hearing and Hold Proceeding in Abeyance (filed by Respondent via facsimile).
Oct. 05, 2004 Order Directing Exchange of Exhibits. (no later than ten days prior to the scheduled hearing, each party shall furnish the other party a copy of any and all exhibits that party intends to offer into evidence at the hearing, no later than seven days prior to the scheduled hearing, each party shall file with the Division of Administrative Hearings a statement certifying that he has complied with the requirements of paragraph 1 of this Order)
Oct. 05, 2004 Order of Pre-hearing Instructions.
Oct. 05, 2004 Notice of Telephonic Final Hearing (telephonic final hearing set for November 12, 2004; 9:00 a.m.).
Oct. 04, 2004 Joint Response to Initial Order (filed via facsimile).
Sep. 27, 2004 Initial Order.
Sep. 27, 2004 Request for Hearing filed.
Sep. 27, 2004 Administrative Complaint filed.
Sep. 27, 2004 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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