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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs CHILDREN OF OUR FUTURE LEARNING CENTER, 04-003579 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-003579 Visitors: 14
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: CHILDREN OF OUR FUTURE LEARNING CENTER
Judges: P. MICHAEL RUFF
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Sep. 30, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 21, 2005.

Latest Update: Dec. 24, 2024
Aug 19 04 03: 40p ; .3 Dept Childen & Families 9047275519 Pr STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7001-2510-0001-0883-1500 A Civil Penalty Against Return Receipt Request = Nannette Lewis Children Of Our Future Learning Center 2255 Kingston Street Jacksonville, Florida 32209 04 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Fifty Dollars ($50.00). 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 the Respondent by virtue of the Provisions of Chapters 402.301 - 402.319, Florida Statutes. 2. The Respondent, Nannette Lewis, is licensed to operate Children Of Our Future Learning Center as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (FAC), Chapter 65C-22, 3. During an inspection on April 20, 2004, it was determined that the Respondent committed the following violation: a. FAC Chapter 65C-22.004(2)(a-b), in that: Upon the licensing counselor's arrival at the facility, there was no staff member on the Premise who had in their possession, or in their personnel file, documentation of first-aid training or training in infant and child cardiopulmonary resuscitation, The above referenced administrative code requires that all child care facilities have a minimum of one staff member present at all times that has first- aid training and a certificate when children are in care. The same type of violation was cited during an inspection on August 22, 2003 and December 10, 2003. The citation on December 10, 2003 resulted in a notice of intent to impose administrative action being issued on January 5, 2004. ili p.4 Aug 18 04 03:40p Dept Childen & Families 9047275519 Ru OF 3 ft pe . 4 ‘i. d Hep Administrative Complaint - Children OF Our Future Learning Center 04 SEP 39 AN I0: 22 June, 2004 Page 2 OIVISION & ADMINISTRA: ivi HEARINGS pursuant to Chapter 402, Florida Statutes, in that the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the Operation of a Child Care Facility. 5. Payment of this fine can be made directly to the Department of Children and Families. The mailing address is: P,o. Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure. 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 120.569(2)(c), F.S., and either Rule 28-106.201 or Rule 28- 106.301, F.A.C., or else 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: 1. 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 to be heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and 2 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; Aug 18 04 O3:41p Dept Childen & Families 9047275519 P- Administrative Complaint — Children Of Our Future Learning Center June, 2004 Page 3 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 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. 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: Roger L.D. Williams Paul Flounlacker, 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, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Thomas Ss. cea Program Administrator Au 18 N4 03:41p Dept Childen & Families 9047275519 Pp. & : ee ek nse dase bab Administrative Complaint - Children Of Our Future Learning Center . pane e004 04 SEP 30 AMIO: 22 UIVIGiR bs ADMINISTRA CERTIFICATION OF SERVICE HEARINGS I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S, Certified Mail 7001-2510-0001-0883-1500 Retyrn Receipt Requested, in accordance with ss. 120.60(3}, Florida Statutes, this Lith day of June, 2004. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Program Admi! USES a ror ea me CERTIFIED MAIL RECEIPT (Domestic Mail Only; No “surance Cov io ‘a ; in : t ws jaa ~— im Postage | $ ; a Corttied Fee io ™ i Retum Receipt Fee en ra Endorsement Required) ‘es ee 1 Restricted Delivery Foe 1 {Endorsement Required) | Total Postay 2001 2540 ag

Docket for Case No: 04-003579
Issue Date Proceedings
Mar. 21, 2005 Order Closing File. CASE CLOSED.
Feb. 24, 2005 Notice of Rescinding Agency Action and Payment of Penalty and Motion to Close Matter filed.
Jan. 24, 2005 Notice of Hearing (hearing set for March 1, 2005; 11:00 a.m.; Jacksonville, FL).
Jan. 12, 2005 Status Report (filed by Petitioner).
Dec. 13, 2004 Order Granting Continuance (hearing cancelled, parties to advise status by January 7, 2005).
Dec. 08, 2004 Motion for Continuance and to Place Case in Abeyanace filed.
Oct. 15, 2004 Notice of Hearing (hearing set for December 14, 2004; 3:30 p.m.; Jacksonville, FL).
Oct. 07, 2004 Unilateral Response to Initial Order (filed by Petitioner via facsimile).
Sep. 30, 2004 Letter to C. Lewis from T. Ceci regarding facility violation filed.
Sep. 30, 2004 Request for Administrative Hearing filed.
Sep. 30, 2004 Administrative Complaint filed.
Sep. 30, 2004 Notice (of Agency referral) filed.
Sep. 30, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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