Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: BELL FAMILY DAYCARE HOME
Judges: DANIEL M. KILBRIDE
Agency: Department of Children and Family Services
Locations: Lakeland, Florida
Filed: Jul. 31, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 12, 2008.
Latest Update: Feb. 01, 2025
a Received: Jul 15 2008 04:18pm
State of Florida : i
Department of Children and Families
CERTIFIED MAIL: 7002 0610 00020206 9712. TIED maul. -houk Aomny
Retum Raceipt Requested : uf
wes2008 AKL DTT or COp, ,
Bell Family Day Care ahs,
928 Beech Avenue rr
Lakeland, Florida 33815 mE .
Subject: Proposed Fine of Family Day Care Home, Licanse No. Fi0P00241
Dear Ms. Bell:
The Department proposes to fine your Family Day Cara Home for violations of the Florida ; .
Administrative Code (F. A, C.) by authority of section 402.310, Florida Statutes. This letter...
is considered an administrative complaint for the purposes of section 120.60(5), Florida
Statutes.
You operate a family day care home at the address above, pursuant ta childcare license... |, .
number F10P00241 last issued by the Department on July 1, 2007. ~. a Se
An inspection on May 29, 2008, revealed thet child care children were left in the care of a.» s:
substitute who did not have the required training or background screening to actas a
substitute for a family day care home. This is a violation of Rule 65C-20.009 (a)(3) {a), «,
F.A.C., which requires that substitutes have certificate(s) of course completion for infan
and child cardiopulmonary resuscitation (CPR) procedures which.-must be current ands,
valid at all times. This also violates 65C-~20,008(30(a) and. 402.31.3(3) which requires -
complete background screening of all substitutes prior fo. caring for, children and that af}
- persons ovér 12 years old residing with the operator in the family. day care home.; FRIsg wi
also violates 65C-20,009 (2)(b) which requires there shall, ba.a, written plan to provide aff ich re:
least one (1) other competent adult, who must be at jeast:18, years of age, to ba available wy iyc: .-
as substitute for the operator on a tamporary or emergency basis..This plan shall jincluderayyac
the name, addrass, telephone number and date of birth of tha,designated substitutes ruimber.ar-:
Please see Exhibit A. 7 sase sad Ext. bie AG
For this violation, the Department proposes to fine your facility the.sum of $250.00 which», cpus:
includes $100 for the background screening violation, $50 for.substitute plan violationyandres
$100 for CPR and First Ald violation. You may pay the fine by, mailing a certified.check ofr,’
money order to the Florida Department of Children and Families;.and mailing it to Sheila mai
4720 Old Highway 37, Lakeland, Florida, 33813-2030 OD ld Mig
Personal and Family Recovery
sf Received: Jul 15 2008 04:18pm
Supervisor, Child Gare Licensing, Depart
High ay 37, Lakeland, Fst
Received: Jul 15 2008 04:19pm
“ly.
_solag
You have a right to request an administrative hearing, be represented by:co
qualified representative, to call witnesses, to present evidence, and: otherat
if you desire to request a hearing or-answer this artministrative ¢ comp)
in writing and must include the following: §
4. The name and address of each agency affected and each agency’s fi itt ated
Identification number, if known, vbyae if
2. The name, address, and telephone number of the petitioner (person requesting the
hearing}, and the Name, address and telephone number of the patitioner's:.. of
representative, if any, which shal] be the address for servicas purposes during the vr ale.
course of the proceeding and explanation of how the patitioners substantial interest will woop
be affected by the Department's action. os
3. A statement of when and how you received natica af the Department's. decision. php
4. Astatement of all disputed issues of material fact. If there are none, your request for oat
§
6.
hearing must so indicate.
. Aconelse statement of the ultimate facts you allege, as well as, any rules and statutes Shy chs
which you think entitla you to relief. . :
. A demand for relief, that is, what you think the Department should do. ; i
Except for good cause shown, factual matters alleged in this administrative complaint that
you fail to deny in your request for hearing (or answer} shell be presumed fo be admitted. -
Your failure to raise a particular defense will be considered a waiver of any such defense.
Any new matter you raise in your request for hearing (or answer) shail be presumed as
denied by tha Department. Evidence shall not be taken on any. issue not raised in. this
administrative complaint or your request for hearing (on answer): eric ge.
‘ Received: Jul 15 2008 04:199m
Sheila Nobles, Supervisor
Child Care Licensing Unit
Department of Children and camiioh © Epa
4720 Oid Highway 37, South ff ¥ oo
Lakeland, FL 33813
This administrative complaint is issued pursuant to sections 120.569 and 120.57, Florida
Statutes. Any hearing or proceeding of any kind concerning this complaint shall be oad
conducted pursuant fo Department Rules of Practice and Procedure, Florida. a dhoe
Administrative Gode, Chapter 10-2, and the Model Rules of Procedure, Florida .. a
Administrative Code, Chapter 28.
Unitess the Department receives a request for @ heating within fifteen (15) days after you
receive this letter, you will have given up your right to request a hearing or contest this. . :
action. If you fail to request a hearing, this denial letter becomes the finalorderofthe hogs
Department. .
Sincerely,
Sheila Nobles 5
Child Care Licensing Supervisor 1 tr
Department of Chitdren and Families ong
4720 Old Hwy 37 ok,
Lakeland, F| 33813 tes
County of Polk Cee 1
State of Florida Qi, , !
Subscribed and sworn te before me an by Sheila Nobles; an employee of the;Department. ..
of Children and Families, who is lar me. 2 wail sows
Notary Public, State of Florida
CHARLES M. WILSON
Commision DD 786781
Expres March 10, 2012
: TruTioy hin animes 96-06-7010
|
. . Received: Jul 18 2008 04:19pm
Department's counsel ¢ rtifies that a capy
I haves has beemmaiteds en tbat
8 Beech Avenue, Lakeland, Florida 33815. ch
Interim Chief Legal Counsel, Circuit 10
A720 Old Highway 37
Lakeland, FL 33813
Phone: 863 619-4143 Fax: 862 648-3338
Docket for Case No: 08-003777
Issue Date |
Proceedings |
Nov. 12, 2008 |
Order Closing File. CASE CLOSED.
|
Nov. 10, 2008 |
Notice of Voluntary Dismissal filed.
|
Oct. 15, 2008 |
Order Re-scheduling Hearing (hearing set for November 20, 2008; 1:30 p.m.; Lakeland, FL).
|
Sep. 08, 2008 |
Motion to Reschedule Hearing filed.
|
Aug. 18, 2008 |
Order of Pre-hearing Instructions.
|
Aug. 18, 2008 |
Notice of Hearing (hearing set for October 14, 2008; 1:30 p.m.; Lakeland, FL).
|
Aug. 14, 2008 |
Response to Initial Order filed.
|
Aug. 08, 2008 |
Response to Initial Order filed.
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Jul. 31, 2008 |
Initial Order.
|
Jul. 31, 2008 |
Administrative Complaint filed.
|
Jul. 31, 2008 |
Request for Administrative Hearing filed.
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Jul. 31, 2008 |
Notice (of Agency referral) filed.
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