Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: SMALL STEPS LEARNING CENTER, INC.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Children and Family Services
Locations: New Port Richey, Florida
Filed: Nov. 30, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 7, 2005.
Latest Update: Dec. 25, 2024
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Revocation of Child Care Facility License -
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF: DCCO Docket No, 04-36
SunCoast Region
Pasco County
A Civil Penalty Against
Napoleon Pereyra, Owner . .
Small Steps Learning Center, Inc. . Fal
4411 Evans Avenue O l | | SVU
New Port Richey, Fl 34652 “
ADMINISTRATIVE COMPLAINT
NATURE OF THE CASE
1. 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 irnposition 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 April 23, 2004, Small Steps Learning Center, Inc., Child Care Facilily, was in
violation of 5.402.305 (2)(f), Florida Statutes and 65C-22.003 (8)(a), Florida Administrative Code
due to the loss of their director credentialled staff member. The facility was issued a provisional
licenses for a six month period, April 23, 2004 through October 22, 2004. During this time period,
the facility was required to provide documentation (a copy) of the director credential certificate or
training transcript to the Department. The facility was advised that failure to comply with
documentation requirements would result in the revocation of their license.
5. On October 4, 2004, the facility was notified by certified mail, advising the facility
of the continued noncompliance and that documentation of the director credential or training
transcript must be received by the Department or action to revoke the provisional license would
be initiated.
6. Since your facility continues to not meet the requirement of a director credential,
you are hereby notified of the Department’s intent to revoke your license to operate Small
Steps Learning Center, Inc.
This decision is based on the facility's failure to comply with s.402.305 (2)(f) and 6£1C-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
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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 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, Florida Statutes (F.S.), and either Rule 28-106.201 or Rule 28-
106.301, Florida Administrative Code, or else it will be dismissed as required by Section
120.569(2)(c), F.S.
That Jaw 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. Astatement 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 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 failure
to provide the information required by the law and rules governing requests for Chapter 120
hearings (copy enclosed) constitutes a complete waiver of any right that a substantially affected
person may have to chailenge this decision.
Smee
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:
Raymond R. Deckert Paul Flounlacker, Agency Clerk
Regional Legal Counsel Department of Children & Families
Department of Children & Families Office of the General Counsel
9393 N. Florida Avenue Suite 900 1323 Winewood Blvd., Bldg. 1, Suite 407
Tampa, Florida 33612 Tallahassee, FL. 32301
CERTIFICATION OF SERVICE
| hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt
Requested, to Small Steps Learning Center, Inc.4411 Evans Avenue, New Port Richey, Fl 34652
on the_Q | of. Ockane ia) , 2004.
STATE OF FLORIDA,
DEPARTMENT
/ji i .
7 / ,
rista Williams-Bruning
Regional Program Supervisor
ILDREN AND FAMILIES
STATE OF FLORIDA
COUNTY OF _Wills bo RovGH
The foregoing instrument was acknowledged before me this Pd | day
of _£ , 2004 by. N r who is
personally known to me.
/ersusde C. betta
Signature
Danielle Kirts
Notary Public
Danielle C Kirts
MY COMMISSION # 0D245735 EXPIRES
December 14, 2007
BONDED THRU TROY FAIN INSURANCE, INC.
cc: Regional Legal Counsel
Docket for Case No: 04-004310
Issue Date |
Proceedings |
Jan. 07, 2005 |
Order Closing File. CASE CLOSED.
|
Dec. 21, 2004 |
Motion to Dismiss filed.
|
Dec. 14, 2004 |
Notice of Hearing (hearing set for February 8, 2005; 2:30 p.m. New Port Richey, FL).
|
Dec. 14, 2004 |
Order of Pre-Hearing Instructions.
|
Dec. 07, 2004 |
Joint Response to Initial Order filed.
|
Dec. 01, 2004 |
Initial Order.
|
Nov. 30, 2004 |
Request for Hearing filed.
|
Nov. 30, 2004 |
Administrative Complaint filed.
|
Nov. 30, 2004 |
Notice (of Agency referral) filed.
|