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DEPARTMENT OF CHILDREN AND FAMILIES vs CHILDREN'S PLAYSKOOL, LLC, D/B/A CHILDREN'S PLAYSKOOL, 13-001636 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-001636 Visitors: 14
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: CHILDREN'S PLAYSKOOL, LLC, D/B/A CHILDREN'S PLAYSKOOL
Judges: W. DAVID WATKINS
Agency: Department of Children and Family Services
Locations: Deland, Florida
Filed: May 02, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 7, 2013.

Latest Update: Jul. 06, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Children's Playskool, LLC Certified Mail: 7012 0470 0000 1853 2806 d/b/a Children's Playskool Return Receipt Requested 915 Summit Ash Court Deland, FL 32720 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the,;amount of Five Thousand Six Hundred Dollars ($5600.00) and Suspension of license for 5 days. The Department's authority and grounds to impose this sanction are explained below: 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Children's Playskool, LLC, d/b/a Children's Playskool for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Children's Playskool, LLC is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Children's Playskool located at 1748 S Woodland Blvd Deland, FL 32720. The facility license is currently a REGULAR license. 3. During a Routine Inspection on February 28, 2013, licensing counselor Kalyn Yeager, determined that: The department’s approved five hour early literacy and language development of children ages birth through five course was not completed for staff member J.K. 4. The foregoing facts violate Florida Statues 402.305(2)(f) which states: Specialized areas, including computer technology for professional and classroom use and early literacy and language development of children from birth to 5 years of age, as determined by the department, for owner-operators and child care personnel of a child care facility. 5. The violation described above is a Class IIIf violation of child care licensing standards. It is the facility's Sixth Class Ill violation of Child Care Home Standards Classification Summary # 41 within a two-year period. The same violation was cited on March 10, 2011 (technical assistance was provided), March 25, 2011(technical assistance was provided), May 2, 2044(resuiting in Administrative Compiaint for $25), June 29, 2011(resulting in Administrative Complaint for $25), and July 8, 2011(resulting in Administrative Complaint for $25). The fine imposed for this violation is Five Thousand Six Hundred Dollars ($5600.00) Suspension of license for 5 days ($50 per day for 112 days from September 22, 2012 until March 8, 2013). If you do not wish to contest the findings of this administrative complaint, please submit a cashier’s check or money order made payabie to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231. If you wish to contest the findings of this administrative complaint and/or the sanctions imposed, you may do so as provided in the notification of rights below. NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES \F 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 IN WRITING AND 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 addresses: Jane Almy-Loewinger Gregory D. Venz, Agency Clerk Assistant Regional Counsel Department of Children & Families Department of Children & Families Office of the General Counsel 210 N. Palmetto Ave. Suite 447 1323 Winewood Blivd., Bidg. 1, Suite 407 Daytona Beach, FL 32114 Tallahassee, FL 32301 —a=— 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 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; (o) 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; (c) An explanation of how the petitioner's substantial interests will be affected by the agency determination; (d) A statement of when and how the petitioner received notice of the agency decision; (e) A-statement of ali disputed issues of material facts. If there are none, the petition must so indicate; (f) Aconcise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action; (g) Astatement of the specific tules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (h) 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. a Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require a petition to be dismissed if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as agreed to by ail parties. The right to an administrative proceeding is not affected when mediation does not result in a settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has-been furnished by certified mail return receipt no. 7012 0470 0000 3 2806 to Children's Playskoo/iocated at 1748 S Blvd Deiand, FL 32720, thisQS lay of March, 2013. / Safety Progran’ Manager

Docket for Case No: 13-001636
Source:  Florida - Division of Administrative Hearings

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