Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: ALBERTA GRANGER, D/B/A KIDS CLUB PRESCHOOL
Judges: P. MICHAEL RUFF
Agency: Department of Children and Family Services
Locations: Tallahassee, Florida
Filed: Aug. 10, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 18, 2007.
Latest Update: Dec. 25, 2024
State of Florida Jeb Bush
GS
Department of Children and Families overnor
Lucy D. Hadi
Secretary
April 28, 2006 Certified Mail #: 7003 0500 0004 7109 &736
Return Receipt Requested F
IN THE MATTER OF
A Civil Penalty Against
Kids Club Preschool
Se Dl DRY”
Tallahassee, Florida 32305
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of two
hundred Dollars ($200.00). 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 Respondent, Alberta Granger, is licensed to operate Kids Club Preschool,, as a Child
Care Facility in compliance with Chapter 402 Florida Statutes and Chapter 65C-22 Florida
Administrative Code.
On March 2, 2006, during a complaint investigation, your facility was found to be out of compliance for
ratio standards. Department staff observed and documented one (1) staff caring for seven (7) one-year
old children. The minimum required ratio for a one-year old group of children is one (1) staff to every six
(6) children. This is in direct violation of the Florida Administrative Code 65C-22.001(4)(a)(b) & Florida
Statute 402.305(4). .
Previous Ratio Violations
Please note that the Department assessed an administrative fine in the amount of $250.00 on May 4, 2005
regarding ratio standard violations, which included noncompliance citations on April 21, 2005 and
April 27, 2005. During a routine inspection on April 21, 2005 your facility was found out of
compliance with ratio standards in four classrooms. During a re-inspection on April 27, 2005 your
facility was found out of compliance with ratio standards in three classrooms.
The above referenced violations constitute grounds to levy this Civil Penalty pursuant to Section
402.310(1)(a) and Section 402.310(4) 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
District 2 Child Care Services Office
2639 North Monroe St., Suite 100-A, Tallahassee, Florida 32399-2949
Mission: Protect the Vuinerabie, Promote Strong and Economically Self-Sufficient Families, and
Advance Personal and Family Recovery
The licensing standards were written for the health and safety of the children in care and must be
maintained at all times. Violation of this standard jeopardizes the overall safety of children and places
them at risk of harm. Your licensing counselor (Ms. Dinah Gallon) will conduct another inspection of
your facility in the near future. Please be advised that further violations of the Florida Administrative
Codes or the Florida Statutes, may result in additional administrative action.
Payment of this fine can be made directly to the Department of Children and Families. The
mailing address is Department of Children and Families, Child Care Licensing, 2639 N. Monroe
Street, Suite 100-A, Tallahassee, Florida 32399-2949
NOTIFICATION OF RIGHTS
1. You, as Petitioner, have a right to request an administrative hearing, to be represented by counsel or
other qualified representative, give parties or their counsel an opportunity, at a convenient time and
place, to present the agency or hearing officer written or oral evidence in opposition to the action of
the agency or to its refusal to act, or written statement challenging the erounds upon which the agency
has chosen to justify its action or inaction.
(a) Any hearing request or answer to this administrative complaint shall be made in writing and
the response should include the following:
(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 petitioner, the name, address and
telephone number of the petitioner’s representative, if any, which shall be the address
for service purpose's during the course of the proceeding and an explanation of how
the petitioner’s substantial interest will be affected by the agency determination.
(3) A statement of when and how the petitioner received notice of the agency decision.
(4) A statement of all disputed issues of material fact. If there are none the petition must
SO indicate.
(5) A concise statement of the ultimate facts alleged as well as the rules and statutes
which entitle the petitioner to relief, and
(6) A demand for relief.
(7)
(b) Except for good cause:
(1) Factual matters alleged in this complaint and not denied in the Request for Hearing
shall be presumed admitted.
(2) Failure to raise a particular defense in the Request for Hearing will be considered-a
waiver of such defense.
(c) Any new matter raised in the Request for Hearing shall be presumed to be denied by the
Department.
(d) Evidence shall not be taken on any issue not raised in the administrative complaint
and the Request for Hearing.
(e) If the petitioners desire to request a hearing, they must forward their request to:
Department of Children and Families
Child Care Services, District 2
2639 N. Monroe Street Suite 100-A
Tallahassee, Florida 32399-2949
Attention: Joseph Alexander
2. The petitioners are given full notice of this agency action. Unless a request for hearing is received by
the Department within twenty one (21) days after receipt of this complaint, the respondent has waived
the right to contest this action and this administrative complaint becomes the final order of the
Department.
STATE OF FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES
2 Dl Supervisor
Child Care Services, District 2
2639 North Monroe Street, Suite 100-A.
Tallahassee, FL 32399-2949
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Certified Mail,
Return Receipt Requested, Certificate #: 7003 0500 0004 7109 8736, this 28" day of April, 2006, to: Kids
Club Preschool, 236 Ross Road, Tallahassee, Florida 32305
STATE OF FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES
Alexander, Supervisor
Child Care Services, District 2
2639 North Monroe Street
Tallahassee, FL 32399-2949
Docket for Case No: 06-002868
Issue Date |
Proceedings |
Jan. 18, 2007 |
Order Closing File. CASE CLOSED.
|
Dec. 11, 2006 |
Order Granting Continuance (parties to advise status by December 26, 2006).
|
Dec. 11, 2006 |
Motion to Continue/Notice of Unavailability/Notice of Pending Settlement filed.
|
Dec. 06, 2006 |
Notice of Filing.
|
Oct. 11, 2006 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for December 13, 2006; 10:00 a.m.; Tallahassee, FL).
|
Sep. 27, 2006 |
Notice of Substitution of Counsel and Motion for Continuance filed.
|
Sep. 01, 2006 |
Notice of Hearing (hearing set for October 11, 2006; 10:00 a.m.; Tallahassee, FL).
|
Aug. 17, 2006 |
Response to Court`s Initial Order filed.
|
Aug. 10, 2006 |
Initial Order.
|
Aug. 10, 2006 |
Administrative Complaint filed.
|
Aug. 10, 2006 |
Request for Administrative Hearing filed.
|
Aug. 10, 2006 |
Notice (of Agency referral) filed.
|