Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: KIDS BY THE HOUR, "LLC" D/B/A KIDS BY THE HOUR, LLC
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Apr. 18, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 31, 2014.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Kids By The Hour “LLC” Certified Mail: 7012 3050 0002 0680 8509
d/b/a Kids By The Hour, LLC Return Receipt Requested
13947 Beach Boulevard Suite 210
Jacksonville, FL 32224
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of
Nine Hundred Dollars ($900.00). 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 Kids By The Hour “LLC” d/b/a Kids By The Hour, LLC for violations of child care
licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida
Administrative Code.
2. Kids By The Hour “LLC” is licensed under chapter 402, Florida Statutes, and chapter
65C-22, Florida Administrative Code, to operate a child care facility known as Kids By The Hour, LLC
License #C04DU0549 located at 13947 Beach Boulevard Suite 210, Jacksonville, FL 32224. The
facility license is currently a REGULAR License.
2. During a Renewal Inspection on February 28, 2014 DCF Licensing Counselor Marquencia
Fulton, determined that:
The facility did not have documentation to show enrollment in the introductory course in child
care for one (1) staff member employed for at least 90 days. Staff A.K. hired on October 15, 2013,
should have begun training prior to January 14, 2014, 90 days from the date of entry into the child
care facility. A.K. began training on February 18, 2014.
4. The foregoing facts violate Florida Administrative Code 65C-22.003(2)(a)(1) which
states: Child care personnel must successfully complete the department’s 40 hour Introductory Child
Care Training, as evidenced by successful completion of competency based examinations offered by the
department or its designated representative with a weighted score of 70 or better. Child care personnel
who successfully completed the mandatory 40 hour Introductory Child Care Training prior to January 1,
2004 are not required to fulfill the competency examination requirement. All child care personnel must
begin training within 90 days of employment in the child care industry and successfully complete training
within 12 months from the date training begins. Training completion may not exceed 15 months from the
date of employment in the child care industry in any licensed Florida child care facility.
5: The violation described above is a Class III violation of child care licensing standards. It
is the facility's fourth (4) Class III violation of Child Care Facility Standards Classifications
Summary #41 Training Requirements within a two-year period. The same violation was cited on March
1, 2012 at which time technical assistance was provided and March 22, 2013 they received an
administrative warning and on November 25, 2013 they were fined $25. The fine imposed for this
violation is Nine Hundred Dollars ($900.00) at $30.00 per day for thirty (30) days from January 14,
2014 until February 18, 2014, excluding Sundays.
If you do not wish to contest the findings of this administrative complaint, please submit a cashier’s
check or money order_made payable 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
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 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:
David Tucker Gregory D. Venz, Agency Clerk
Chief Legal Counsel Department of Children & Families
Department of Children & Families Office of the General Counsel
P. O. Box 2417 1323 Winewood Bivd., Bldg. 1, Suite 407
Jacksonville, FL. 32231-0083 Tallahassee, FL 32301
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. Thase 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;
(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;
(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 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;
(g) A statement of the specific rules 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.
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 all 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 3050 0002 0680 8509 to Kids By The Hour “LLC” d/b/a Kids By The Hour,
LLC, 13947 Beach Boulevard Suite 210, Jacksonville, FL 32224 this 27 f} ij ay of March 2014.
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/ ate _f AK
Pamela Bucki/a
Safety Program Manager
Docket for Case No: 14-001852
Issue Date |
Proceedings |
Oct. 31, 2014 |
Order Closing File. CASE CLOSED.
|
Oct. 31, 2014 |
Notice of Settlement and Voluntary Dismissal filed.
|
Oct. 07, 2014 |
Order Re-scheduling Hearing (hearing set for November 4, 2014; 1:00 p.m.; Jacksonville, FL).
|
Oct. 02, 2014 |
Letter to DOAH from Randy Larch requesting to have hearing October 30, 2014 filed.
|
Sep. 22, 2014 |
Order Granting Continuance (parties to advise status by October 2, 2014).
|
Sep. 22, 2014 |
Letter to Judge Stevenson from Randy Larch regarding a continuance filed.
|
Jul. 24, 2014 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 23, 2014; 9:30 a.m.; Jacksonville, FL).
|
Jul. 10, 2014 |
Motion for Continuance filed.
|
Jun. 20, 2014 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for August 28, 2014; 9:30 a.m.; Jacksonville, FL).
|
Jun. 18, 2014 |
Letter to Judge Stevenson from Randy reagrding currently seeking mediation filed.
|
Jun. 09, 2014 |
Order Granting Continuance (parties to advise status by June 19, 2014).
|
Jun. 06, 2014 |
Petitioner's Response to Request for Continuance and Mediation filed.
|
Jun. 05, 2014 |
Request for Continuance filed.
|
May 30, 2014 |
Petitioner's Notice of Filing Witness List and Proposed Exhibits filed.
|
Apr. 30, 2014 |
Order of Pre-hearing Instructions.
|
Apr. 30, 2014 |
Notice of Hearing (hearing set for June 11, 2014; 9:30 a.m.; Jacksonville, FL).
|
Apr. 30, 2014 |
Joint Response to Initial Order filed.
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Apr. 21, 2014 |
Initial Order.
|
Apr. 18, 2014 |
Request for Administrative Hearing filed.
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Apr. 18, 2014 |
Administrative Complaint filed.
|
Apr. 18, 2014 |
Notice (of agency referral) filed.
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