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DEPARTMENT OF CHILDREN AND FAMILIES vs MCDONALD'S PLAYWORLD, INC., 13-004941 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-004941 Visitors: 14
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: MCDONALD'S PLAYWORLD, INC.
Judges: TODD P. RESAVAGE
Agency: Department of Children and Family Services
Locations: Miami, Florida
Filed: Dec. 19, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 24, 2014.

Latest Update: Nov. 14, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Revocation of License Number C1+MD0084 Batreice Barbary McDonald's Playworld Inc. 6375 NW 2™ Ave Certified Mall Return Receipt No. 7012 1640 0002 1713 4058 Miami, FL 33150 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department of Children and Families Intends to revoke your chit care + license. The grounds for imposition of this sanction are set forth below: 1. The Department is the administrative agency of the State of Florida, charged with.the.dutyto- enforce. and administer the provisions of Chapter 402, Florida Statutes, Pursuant to Section 402.3055(2) Florida Statutes, the Department has the authority to deny your request for licensure. 2. McDonald's Play, inc., License No. C11MD0984, is licensed under Chapter 402, Florida Statutes Florida Administrative Code, to operate a child care facility known as, McDonald’s Play, Inc., located at, 6375 NW a Ave, Miami, FL 33150. The child care facliity license is currently an Annual License. 3. On August 13, 2013, an administrative complaint was issued, based on the violations of standards incurred in connection with the 7/17/2013 re-inspection of provider's facility, and converting provider's license to probationary status, for a period not to exceed six months. * The terms of the probation were as follows: 8) Shail pay a total fine in the amount of $200 and any outstanding fines on or before the expiration of the Probationary License. b) Shall not violate Standard #14, Facility not in Good Repair, for a sixth occurrence following the receipt Probationary License. c) Shall not incur any Class | or Class Il of any Standard following the receipt of the Probationary License. d) The Department shall provide technical assistarice to the facility in the form of additional monthly visits. 4, Your license for a Child Care Facility was set to expire on February 12; 2014. However, the Department cannot renew your license, as renewal of your license Is contingent upon your compliance with the terms of the probation and during the probationary period provider incurred {wo additional Class |I violations as set forth below. ’ 5. Therefore, effective immediately, McDonald's Play, Inc., License No. C11 MD0984 is hereby revoked. Violation: #33: Fire Drills and Emergency Preparedness, Class ti 4. During a reinspection of 9/6/2013, the facility was ciled for a fourth time for violation of Class Hi, Standard #33, Fire Drills and Emergency Preparedness, as there was no approved and current fire inspection on site for the licensing authority to review. 2. The foregoing violates Section 65C-22.002(7)(a) of the Florida Administrative Code. The violation described above is a Class Il violation of the child care licensing standards. It \s the child care facility's fou! Page 1 of 3 : Class I violation of standard #33 within a two year period and violates the aforementioned terms of the probationary license. Violation: #43: Credentialed Staff, Class |! 3. During @ reinspection of 9/6/2013, the facility was first cited for violation of Standard #43, Credentialed Staff, as the provider had no Director with slaff credentials. Technical assistance and a formal warming letter were provided to the Operator regarding the Director credeniial requirements. . 4. The aforementioned violates Section 65C-22.003(B)(a) of the Florida Administrative Code and 402.305(2)(f). The violation described above js a Ciass II violation of child care licensing standards. It is the facility's first Class [| violation of Standard #43, Credentialed Staff, within a two year period and violates the aforementioned terms of the probationary license. If you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation Offes, 190 Opa Locka Bivd, Miami, FL 33054. If you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do 50 as provided in the notification of rights below. NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES 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 adminisirative hearing to the Department at the following addresses: *. Florida Department of Children and Families Regional Legat Counsel's Office ATTN: Karen Milia, Esq. 401 NW 2" Avenue, Suite N-1014 Miami, Florida 33128 Please note that @ request for an administrative hearing must comply with section 120.69(2)(c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions, when read togethér, 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 shail be the address for service purposes during the course of the : (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; @aAa statement of all 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; Page 2 of 3 (g) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, Including an expianation of how the alleged facts relate fo 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. 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. 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 all parties, The right to an administrative procesding is not affected when meilation does not result in a settiement, CERTIFIGATE OF SERVICE 4 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail retum receipt 7012 1840 0002 1713 4055 to McDonald's Playworld inc, c/o Batreice Barbary, Director, 6375 Nw 2 Ave, Miami, FL 33750 on the 22™ day of November, 2013. Suzette F Regional Program Safety Manager Florida Department of Children and Families Page 3 of 3 «

Docket for Case No: 13-004941
Source:  Florida - Division of Administrative Hearings

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