Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: GOD`S LIL RAINBOW
Judges: FRED L. BUCKINE
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Feb. 03, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 14, 2005.
Latest Update: Dec. 26, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF
A Civil Penalty Against
God's Lil Rainbow
§239 Old Winter Garden Road 05-0 aq /
Orlando, Florida 32835
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the
amount of $100.00. 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
Respondent by virtue of the provisions of sections 402.301- 402.319, Florida
Statutes.
2. The Respondents, Ella Harrison and Barbara Knight, dba God’s Lil Rainbow, were
licensed on license #CO7OR0214, issued on March 18, 2004, to operate God's Lil
Rainbow, 6239 Old Winter Garden Road, Orlando, Florida 32835, as a Child Care
facility in accordance with Chapter 402, Florida Statutes, and Florida Administrative
Code, Rule 65C-22.
3. Respondent committed violations of Rule 65C-22.002(1)(b), Florida Administrative
Code, with respect to hazardous materials being accessible to children. During a
routine inspection December 16, 2004, the licensing representative observed
toxics/hazardous materials (bleach, insect poisons, cleanser) in a cabinet that was
unlocked. The facility had been cited previously for the same violation during
inspections of March 10, 2004, and July 26, 2004. The inspection reports are
attached as “Exhibit A.” For the repeat violation of toxics and/or hazardous materials
accessible to children, the department imposes an administrative fine of $100.00.
This fine is imposed in accordance with Section 402.310(1){a), Florida Statutes.
4. The above referenced violations constitute grounds to levy this Civil Penalty
pursuant to s. 402.310(1)(a), F. S., 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.
PAYMENT OF FINE. IF NOT CONTESTED
Payment of this fine can be made directly to the Depariment of Children and Family
Services. The mailing address is Department of Children and Families: District 7
Licensing Office; 3165 McCrory Place; Suite 200; Orlando, Florida 32803: Attention:
Child Care Licensure
STATEMENT OF RIGHTS
Please be advised that you have the right to contest this Civil Penalty through an
administrative hearing pursuant to Section 120.57, Florida Statutes, but that you have
no more than twenty-one (21) days from the date the Administrative Complaint is
received to initiate this formal review. To initiate this formal review process, a petition
for formal hearing must be received by the following individuals within the twenty-one
(21) day time frame:
John Cooper, Operations Manager D7 Paul Flounlacker, Agency Clerk
Department of Children and Families Department of Children and Families
District 7 Legal Department, S-1106 Office of the General Counsel
400 West Robinson Street 1317 Winewood Blvd., Bidg. 2. #204
Orlando, Florida 32801-9425 Tallahassee, Florida 32301
No later than fifteen (15) days after receipt of your written request for a formal hearing,
the request for a hearing shall be granted or denied. Absent the consent of all parties,
the hearing will not commence on less than fourteen (14) days’ notice.
Finally, in accordance with s. 120.57(b)(4), Florida Statutes (1996), all parties to this
cause have the opportunity to respond, to present evidence and argument of all issues
involved, to conduct cross-examination and submit evidence, to submit proposed
findings of fact and order, to file exceptions to any order of a hearing officer's
recommended order, and to represented by counsel (at your expense). In addition, you
have the right to have subpoenas and subpoenas duces tecum issued. Your request for
an administrative hearing must conform to the requirement of Florida Administrative
Code, Rule 28-106.201 or Rule 28-106.301 and must state what issues and material
facts you dispute, or it will be dismissed.
FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FORA
HEARING MAY BE TREATED BY THE DEPARTMENT OF CHILDREN AND FAMILIES
AS AN ELECTION BY YOU FOR THE INFORMAL PROCEEDINGS UNDER S.
120.57(2), FLORIDA STATUTES (2000).
Operations Manager, District 7
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true copy hereof was sent to Ella Harrison and Barbara
Knight, God's Lil Rainbow, 6239 Old Winter Garden Road, Orlando, Florida, 32835, by
U.S. Certified Mail, Return Receipt Requested, Certificate # 7003 1680 0001 8927 7579
and by U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes (2000), this
23rd___ day of December, 2004.
Beryl Thompson-McClary
Licensing Attorney
Florida Bar No. 365432
400 West Robinson Street, S-1106
Orlando, Florida 32801
- (407) 245-0530
Docket for Case No: 05-000397
Issue Date |
Proceedings |
Mar. 14, 2005 |
Order Closing File. CASE CLOSED.
|
Mar. 10, 2005 |
Petitioner`s Compliance with Order of Pre-Hearing Instriction filed.
|
Mar. 10, 2005 |
Letter to B. McClary from E. Harrison regarding inability to attend hearing filed.
|
Feb. 14, 2005 |
Order of Pre-hearing Instructions.
|
Feb. 14, 2005 |
Notice of Hearing (hearing set for March 15, 2005; 9:30 a.m.; Orlando, FL).
|
Feb. 10, 2005 |
Petitioner`s Response to Initial Order filed.
|
Feb. 03, 2005 |
Initial Order.
|
Feb. 03, 2005 |
Notice of Intent to Impose Administrative Action filed.
|
Feb. 03, 2005 |
Administrative Complaint filed.
|
Feb. 03, 2005 |
Request for Administrative Hearing filed.
|
Feb. 03, 2005 |
Notice (of Agency referral) filed.
|