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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs BIG KIDS KORNER AND ROBERT BURNETTE, 07-001134 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-001134 Visitors: 37
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: BIG KIDS KORNER AND ROBERT BURNETTE
Judges: DANIEL MANRY
Agency: Department of Children and Family Services
Locations: Tampa, Florida
Filed: Mar. 09, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 4, 2007.

Latest Update: Dec. 22, 2024
\ PGK7 STATE OF FLORIDA : DEPARTMENT OF CHILDREN AND FAMILIES Department of Children and Families DCCO Docket No. 07-22 SunCoast Region Pasco County Petitioner ve 1134 Robert Bumette, Owner 0 “| - , Big Kids Korner Respondent ADMINISTRATIVE COMPLAINT Department intends to impose a civil penalty in the amount of Two Hundred Dollars ($200.00) upon Big Kids Korner. As grounds for imposition of this penalty, the Department alleges as follows: (1) The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of Chapter 402, Florida Statutes. (2) : Respondent, Big Kids Korner, 5930 ~ 8" Street, Zephyrhills, FL 33540 is licensed to operate a child care home in compliance with Chapter 402, Florida Statutes and Chapter 65C-22, Florida Administrative Code. (3) The Respondent has violated the provisions of Chapter 65C-22, Florida Administrative Code in that a deficiency was cited at Big Kids Korner, 5930 ~ 8" Street, Zephyrhills, FL 33540, as follows: a. During a routine visit to Big Kids Korner on January 18, 2007, the facility was cited when portions of the outdoor play yard fencing were measured and found to be less than 4' in height. This is a violation of Rule 65C-22.002(4)(e), Florida Administrative Cade, Outdoor Play Area. The facility was previously cited for similar fencing violations on October 2, 2002, February 5, 2003, March 31, 2003, October 4, 2003, and January 18, 2006, and for this same violation on October 3, 2006, October 17, 2006 and November 7, 2008. A corrective action statement was completed on October 17, 2006 and a $100.00 administrative fine was imposed on January 12, 2007. A civil penalty of Two Hundred Dollars ($200.00) is being imposed for the repeated violation of the above rule. ( ( (4) Notice was provided in writing to Respondent of the above violation. (5) The fine may be paid to the Department of Children and Families, SunCoast Regional Legal Counsel, (Attention, Raymond R. Deckert), 9393 North Florida Avenue, Suite 905, Tampa, Florida 33612 (Telephone (813) 558-5513). Checks or money orders should be made payable to “The Department of Children and Families, SunCoast Region”: (6) Respondent is notified of the right to an administrative formal or informal hearing pursuant to Section 120.57, Florida Statutes; to be represented by counsel (at their expense); to take testimony, to call or cross examine witnesses or to have subpoena duces tecum issued, and to present written evidence or argument if she requests a hearing. Chapter 28-106, Florida Administrative Code constitutes the Department's procedural rules for administrative proceedings under Section 120.57 (1), Florida Statutes. Any request for an administrative hearing must conform to the requirements in Rule 28-106.201, Florida Administrative Code (copy enclosed) and must state which issues of material fact you dispute. Failure to dispute material issues of fact in your request for a hearing may be treated by the Department as an election by you of an informal proceeding under Section 120.57 (2), Florida Statutes. In a formal hearing, the hearing officer is from the Division of Administrative Hearings. In an informal hearing, the hearing officer is one of the Department's employees, usually an attorney within the Department. Ail requests for hearings shall be made to the Department of Children and Families, SunCoast Region Legal Counsel, (Attention: Raymond R. Deckert), 9393 North Florida Avenue, Room 905, Tampa, Florida 33612 (Telephone (813) 558-5513). ot ( ( os (7) RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF FACTS ALLEGED IN THE COMPLAINT; WAIVER OF YOUR RIGHT TO A HEARING, AND THE ENTRY OF A FINAL ORDER BY THE DEPARTMENT. A REQUEST FOR A HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS FROM RECEIPT, NOT COUNTING THE DAY OF RECEIPT. | hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt Requested, Big Kids Korner, 5930 3" St., Zephyrhills, FL 33542. onthe 4% of Fee brua , 2007. Wiarrweer Cotte Maureen Coble Family Safety Regional Program Administrator STATE OF FLORID COUNTY OF als sy The foregoing instrument was acknowledged before me this Ss day of Fe Ssh , 2007 by, NN aN Re “NV ( oble who is personally known to me. puere C. i Signature Danielle Kirts elle C. Kirt ‘ tite, Dan rts Notary Public SYA ay COMMISION # DDZAS7HB. EXPIRES - December 14, 2007 BONDED THRU TROY FAIN INSURANCE, INC. cc: SunCoast Region Legal Office Urs recur qUJDUE YY WurYSEy USSU JUUG MEIMUey LEE UUs Sd (aqy soyuas woy saysuey) 2226 bA0T hOOO ost2 Foe oe (oa Bara) (Arenlieg peyseyy “y ‘aooO =~ painsu) [7] @s|PUBYQUEW JO) Jdjanay WINZ|Y ER] PalaysjGay [3 . oye EL He sseidxs [We Paumeg (a et. ’ edkL aguas *¢ f. \ wire Aieaijep 18yue ‘SBA . 20} passaippy sonny “| gH salyp ssauppe Apallap S| °C 5 “syuued soeds 4) JUQY 84} UO JO ‘eoa|d\jew ey} Jo yOeq By} O} Ped S|) YORNY mm “NOA 0} PUES BLY WNjad eo aM JELy OS ‘SSY8AG/ EL} UO SSAIDPE PUE SUE MOA UU mw “Payisap Sj Aleajjeq paysuysay J) Wey eyejdwoo osjy “E pue ‘Z ‘, suis}! ayajduioD = i ca AUZAITIG NO NOLLDZS SIHL 317109 NOILOFS SIHL FLFTdNOS -Y3AQNAS

Docket for Case No: 07-001134
Source:  Florida - Division of Administrative Hearings

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