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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs SMALL STEPS LEARNING CENTER, INC., 04-004310 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-004310 Visitors: 12
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
— eed crs aa 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 Ervelowee | ees) ned Nowe 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
Source:  Florida - Division of Administrative Hearings

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