Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: ALL FAITH DAYCARE CENTER, INC.
Judges: DON W. DAVIS
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Dec. 03, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 3, 2005.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES _
ZF
CU Pe
IN THE MATTER OF Certified Mai! 7003-1680-0009-0592-1447
A Civil Penalty Against Re urpieceint Request
All Faith Day Care, Inc. jy, oy ”
3133 Spring Glen Road “lol 45, Wy, :
Jacksonville, Florida 32207 Kies ote ; 'S
4D, r, aoe ~ .
ADMINISTRATIV TONG,
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the
amount of Seventy-five Dollars ($75.00). 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, All Faith Day Care Center, Inc., Is licensed to operate All Faith
Day Care 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 investigation on July 8, 2004, it was determined that the Respondent
committed a violation of FAC Chapter 65C€-22.001(5)(a), in that: There was inadequate
direct supervision of a child. After the complaint investigation was completed and the
inspector was preparing to leave the Premises, a six-year-old child was observed
unsupervised in the kitchen area holding a bottle of Prescription medication. The child
stated he had been sent to the kitchen (from the school-age room) to get his medicine.
When asked how he had obtained the medicine, he showed the inspector how he had
climbed onto the kitchen counter top and retrieved his bottle from a shelf that contained
other prescription medicine and over-the-counter medicine as wall. He stated he was
taking it to a staff member, B.H., in the one-year-old dining area on the other side of the
kitchen so that she could open the bottle for him.
4, The above referenced violation constitutes grounds to levy this Civil Penalty
Pursuant to Chapter 402, Florida Statutes, in that the above referenced conduct of
Respondent constitutes a violation of the minimum standards,
Operation of a Child Care Facility.
rules and regulations for the
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Administrative Complaint - All Faith Day Care Center 2D ~ 4
September, 2004 / 4oNy. iy 10:
Page 2 Heusisis ,
CAB RE
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5. Payment of this fine can be made directly to the Department of Children’agty / 7
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 120.56, 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. A statement that the petitioner does not dispute the facts upon which the agency
relied but that it wants to exercisé 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. A statement 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.
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Administrative Complaint — All Faith Day Care Center
September, 2004
Page 3
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 Cierk
Assistant General Counsel Department of Children & Families
Department of Children & Families Office of the General Counsel
P.O. Box 2417 1323 Winawood Bivd., Bldg. 1, Suite 407
Jacksonville, FL, 32231-0083 Tallahassee, FL. 32301
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
rr
Linda. Smith
Program Administrator
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Administrative Complaint - All Faith Day Care Center
September, 2004
Page 4
CERTIFICATION OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Certified Mail 7003-1680-0000-0502-1447, Return Receipt Requested, in accordance
with ss, 120.60(3), Florida Statutes, this 44 day of September, 2004.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN & FAMILIES
ui « Smith
Program Administrator
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Docket for Case No: 04-004332
Issue Date |
Proceedings |
Mar. 03, 2005 |
Order Closing File. CASE CLOSED.
|
Mar. 02, 2005 |
(Joint) Compromise and Settlement Agreement filed.
|
Feb. 18, 2005 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by March 21, 2005).
|
Feb. 17, 2005 |
Motion for Continuance and to Place Case in Abeyance filed.
|
Dec. 09, 2004 |
Joint Response to Initial Order filed.
|
Dec. 03, 2004 |
Order of Consolidation (DOAH Case Nos. 04-4331 and 04-4332).
|
Dec. 03, 2004 |
Request for Administrative Hearing filed.
|
Dec. 03, 2004 |
Administrative Complaint filed.
|
Dec. 03, 2004 |
Notice (of Agency referral) filed.
|
Dec. 03, 2004 |
Initial Order.
|