Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: STS. PETER AND PAUL EARLY LEARNING CENTER, AND CINDY LOBNITZ
Judges: J. D. PARRISH
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Nov. 02, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 19, 2010.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA 0 1: l,00 1
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF
A Civil Penalty Against
Sts Peter & Paul Early Learning Pe PE eng
5300 Old Howell Branch Road ed
Winter Park, Fl 32792
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the
amount of $50. 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. On September 1, 1985, the Department issued license#C18SE0040 to the
respondent to operate Sts Peter & Paul Early Learning, located at 5300 Old-Howell
Branch Road
Winter Park, Fl 32792, as a Child Care Facility in accordance with Chapter 402,
Florida Statues, and Florida Administrative Code, Rule 65C-22.
3. Respondent committed violation of Rule 65C-22.006(4), 435.04 & 435.05(1) Florida
Administrative Code, with respect to background screening. On December 3, 2008,
there was an employee with background screening was not completed every five
years. On April 1, 2009, there was an employee with background screening not
completed every five years. Inspection report for December 3, 2008 is attached as
“Exhibit A”. Inspection report for April 1, 2009 is attached as “Exhibit B’. For a
violation of background screening the Department imposes an administrative fine of
$50. 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 by money order or cashier's check directly to the
Department of Children and Family Services. The mailing address is Department of
Children and Families; Child Care Licensing Office; 400 W. Robinson Street, North
Tower; Suite 201; Orlando, Florida 32801; Attention: Child Care Licensure.
REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE
DEPARTMENT WITHIN 21 DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE
TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED
SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING.
You may submit your request for an administrative hearing to the Department at the
following address:
T. Shane DeBoard, Esquire
Department of Children and Families
C/O District Legal Office, S-1114
400 West Robinson Street
Orlando, Florida 32801-9425
Please note that a request for an administrative hearing must comply with section
120.569(2)(c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code.
Those provisions, when read together, require a petition for administrative hearing to
include:
(a) The name and address of each agency affected and each
agency's file or identification number, if known;
(b) 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 purposes during the course of the
proceeding; and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner received
notice of the agency decision;
(d) A statement of all disputed issues of material facts. If
there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including
the specific facts the petitioner contends warrant reversal
or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes the petitioner
contends require reversal or modification of the agency's
proposed action; and
(g) A statement of the relief sought by the petitioner, stating
precisely the action petitioner wishes the agency to take
with respect to the agency’s proposed action.
Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code,
require that a petition to be dismissed if it is not in substantial compliance with the
requirements above.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
Ca sh mM. ShodoalAr
Carolyn Showalter
Child Care Licensing Supervisor
CERTIFICATE OF SERVICE
U.S. Certified Mail, Return Receipt Requested, Certificate #
7007 1490 0002 5928 1999 and by U.S. Regular Mail, in accordance
with s. 120.60(3), Florida Statutes, this___ 6th day of __ October __, 2009.
T. Shane DeBoard
Licensing Attorney
Florida Bar No. 0130605
400 West Robinson Street, S-1114
Orlando, Florida 32801
(407) 245-0530
Docket for Case No: 09-006009
Issue Date |
Proceedings |
Jan. 19, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Jan. 19, 2010 |
Notice of Ex-parte Communication.
|
Jan. 08, 2010 |
Letter to Judge Parrish from C. Lobnitz requesting withdrawl filed.
|
Dec. 09, 2009 |
Amended Notice of Hearing (hearing set for February 11, 2010; 9:00 a.m.; Orlando, FL; amended as to type and location).
|
Dec. 02, 2009 |
Notice of Hearing by Video Teleconference (hearing set for February 11, 2010; 9:00 a.m.; Orlando and Tallahassee, FL).
|
Nov. 10, 2009 |
Response to Initial Order filed.
|
Nov. 02, 2009 |
Request for Administrative Hearing filed.
|
Nov. 02, 2009 |
Administrative Complaint filed.
|
Nov. 02, 2009 |
Notice (of Agency referral) filed.
|
Nov. 02, 2009 |
Initial Order.
|