Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: KID CITY USA - SANFORD
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Aug. 24, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 1, 2012.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF
A Civil Penalty Against
Kid City USA-Sanford
2720 West 25" Street
Sanford, Florida 32771
*
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount
of $300.00 and is revoking the facility’s Gold Seal Quality Care Designation. 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.
On November 4, 2011, the Department issued Jiconse #C18SE0245 to the respondent to
operate Kid City USA-Sanford, located at 2720 West 25" Street Sanford, Florida 32771, as a
Child Care Facility ia accordance with Chapter 402, Florida Statues, and Rule 65C-22,
Florida Administrative Code.
ind
3. Respondent committed a Class 1 licensing violation of 65-22,004(3) Florida Administrative
Code, with respect to Medication. On April 20, 2012, written instructions for dispensing #
Albuterol, were not followed in that the child was not given the medication after
“The inspection for April 20, 2012 is attached as Exhibit “A. For this violation,
$300 fine is imposed in accordance with Section 402.31 0(1 0a),
medication,
the first day.
the Department imposes a
Florida Statutes.
4, Gold Seal designation. The violation described in paragraph three constitutes a Class |
violation as defined in rule 65C-22.012(3)(b), Florida ‘Administrative Code, Section 402.281,
Florida Statutes, requires that the department terminate yout Gold Seal designation.
Therefore, the department is terminating your Gold Seal designation. You will be ineligible
for Gold Seal designation until you have operated for a period of two years without a Class 1
violation.
5, The above referenced violations constitute grounds to levy this Civil Penalty pursuant to s.
402.310(1Xa), F. S., in that the above referenced conduct of Respondent constitutes 2
violation of the mininzum standards, rules and regulations for the operation of a Child Care
Facility.
Fil ivi
'iled August 24, 2012 4:00 PM Division of Administrative Hearings
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
Attention: Child Care Licensing Office
400 West Robinson Street S-912
Orlando, FL 32801
a
IF YOU BELIEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY REQUEST
AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION, YOUR 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 administralive hearing to the Department af the following
address:
T. Shane DeBoard, Esquire
Department of Children and Families
C/O District Legal Office, $-1129
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 Adminisiralive Code. Those provisions, when
read together, require a petition for administrative hearing to inclade:
(a) The name and address of each agency affected and each
agency’s file or identification number, if kaown;
(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;
(c) 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 ruie 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
//| -
Rene Akins
Regional Safety Operations Manager
Child Cure Services
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true copy hereof was sent to Stephanie Lopez, Director of, Kid
City USA-Sanford, 2720 West 25" Street Sanford, Florida 32771, by U.S. Certified Mail,
Return Receipt Requested, Certificate # \C 2) Or ind by
U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes, this day
of, ant AU 2012.
CC CERTIFICATE OF SERVICE
] HEREBY CERTIFY that a true copy hereof was sent to Carmen Pena, Owner of, Kid City
USA-Sanford, 219 Palmetto Concourse Longwood, Florida 32779, by U.S. Certified Mail,
Return Receipt Requested, Certificate # 0 =a by
U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes, this is day
of R SOW 22012, \
400 West I Robinson Sweet S-912
Orlando, Florida 3280}
Child Care Facility Information
__ CD Nib: C1B8E0245
Name: Kid City USA-Saford
Address; 2720 W. 25th St. Sanford, FL 32771 Capacity: 406
Inspection Information
Type: Complaint __ Date: 04/20/2012 ArrivaliDeparture: 08:05 AM to 00:05 AM
StafPresent: 15 Children Present: 112 Complaint - Received: 04/19/2012 Completed: 07/20/2012
This is e complaint report, which documents ihe inspection resulis for only thous standards thai were reported to be out of compliance with Hoensing
requizemants,
GENERAL REQUIREMENTS (65C-22.001)
5. Supervision 65C-22.001(6)(a}-(d), 65C-22.001(6)(f), 65C-22,002(4){c)2. & 65C-22.007 (2)... ... . Compliance
HEALTH REQUIREMENTS (65C-22.004)
49. Medication 65C-22.004(3) Noncompliance
Noncompliance Description{s)
Whitien instructions for dispensing a medication, Albuterol, ware not followed in that the chifd was nol given the medication for three
days of attendance.
Oue Date: Completed al time of inspection Violation Level: Class 1
.
StatutelAdmiaistrafive Code
85C-22,004 (3){a) The faciity mast nave written authorization from the custodfal perent or legat guardian to dispense prescription and
non-prescription medications, This euthorizelion must be dated and signed iy the custodial parent or Jegal guardian and contain the chiki’s name;
the name of the medivation to be dispensed; ant date, tie and amount of dosage fo be given, This record shell be infialed or signed by the
facility personnel who gave the madication.
(0) Any known allergies to medication or special restrictions must also be documented, inaintained in the chile's fe, shored with staff and posted
wilt slored medication, .
{c) Prescription and non-prescription medication brought fo the chitt care laciity by the custodial parent or legal guardian must be in the original
canteiner. Prescription medication must have a Jabel stating the neme of the physician, chiki's neme, name of the medication, and medication
directions. Al prescription and non-prescription medication shell da dispensed according f0 writen directions on the prescription label or printed
tnanutacturer's label.
{@) In the event of an emergency, non-prescription macication that is not brought in by the custodial parent or lage! guardian can be dispensed
only ifthe focifly hes written authorization trom the custodial parent or legal guardian fo do sa.
{e} Any mocieation dispensed uniier these condifons must be documented in the child's fie and the custodial parent or tegal guardian nust be
notifeed on the day of occurrence.
(0) The facitty must maintain a record for gach child receiving medications thet documents fhe fui! name of the child, the name of medication, the
¢fate and fime the medication was dispensad, the amount and dosage, anc the name of the person who dispensed the medication. The record
Shall be maitained for @ minimum of four (4) months after the lest dey the child received the dosage,
{9} Al medicines must have chitd resistant caps and shall be slored separately and locked or out of a chikt's reach.
(h) Medication which hes expired or is no longer being administered shal be retuned fo the custodta! parent or legal guardian or discarded if the
child is no longer enroled in care af the lactity
‘Aulhority: Sections 402.301 - 319, Florida Statutes April 20, 2072
Chapter 650-22, Florida Administralive Code Page 1 of 2
Child Care Facility Information
4D Number: C18SE0245
ame: Kid Clty USA - Sanford
Received by: Gonnis Cooper
Date: 04/20/2012
Authority: Sections 402.301 - .319, Florida Statutes
Chapter 65C-22, Florida Administrative Coce
inspected by: David Meconites
April 20, 2012
Page 2 of 2
Docket for Case No: 12-002856
Issue Date |
Proceedings |
Oct. 01, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 01, 2012 |
Withdrawal of Administrative Complaint filed.
|
Sep. 11, 2012 |
Order of Pre-hearing Instructions.
|
Sep. 11, 2012 |
Notice of Hearing by Video Teleconference (hearing set for October 9, 2012; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Aug. 29, 2012 |
Response to Initial Order filed.
|
Aug. 27, 2012 |
Initial Order.
|
Aug. 24, 2012 |
Notice (of Agency referral) filed.
|
Aug. 24, 2012 |
Petition for Evidentiary Hearing Asserting Disputed Issues of Material Facts filed.
|
Aug. 24, 2012 |
Administrative Complaint filed.
|