Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: KIDCO IV CHILD CARE
Judges: DAVID M. MALONEY
Agency: Department of Children and Family Services
Locations: Miami, Florida
Filed: Dec. 12, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 24, 2015.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
Kidco IV Child Care E-Certified Mail No.: C11MD1327-ACCU
6911 NW 3% Avenue
Miami, FL 33150
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department is imposing a Civil Penalty in the total amount of
$50.00 The Department's authority and grounds to impose this sanction are explained below.
1. This is an administrative action for imposition of a civil penalty for known incidents as authorized
in section 402.310, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative
Code.
2. Petitioner, The Department, is an administrative agency of the State of Florida, charged with the
duty to enforce and administer the provisions of Chapter 402, Florida Statutes and rules 65C-22.010
and 65C-20.012, Florida Administrative Code.
3. The Respondent, Kidco IV Child Care, License No., C11MD1327, is licensed under Chapter
402, Florida Statutes, and Chapter 65C-22 and 65C-20, Florida Administrative Code, to operate a child
care facility known as, Kidco IV Child Care, located at, 6911 NW 3” Avenue, Miami, FL 33150. The
child care facility license is currently an Annual License.
Violation 1: Standard #60, Background Screening Requirements, Class tI
4. During a routine inspection on 4/7/2013, the child care facility was cited for a Class II violation of
Standard #60, Background Screening Requirements, as the child care facility had an unscreened
individual, E.B. employed at the child care facility. Technical assistance was provided.
5. During a routine inspection on 11/5/2014, the child care facility was cited a second time for a
Class II violation of Standard #60, Background Screening Requirements, as the child care facility had
an unscreened individual, M.J. employed at the child care facility. The fine imposed for this second
Class || violation of Standard #60 is $50.00.
6. The aforementioned standard violates rule 65C-22.006(4)(d)1 of the Florida Administrative
Code’ and section 402.305(2)(a) of the Florida Statutes. The violation described above is a Class ||
violation of the child care licensing standards. It is the child care facility's second Class |! violation of
Standard #60 within a two year period.
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 Office, 401 NW 2" Ave, Suite S-424, Miami, FL 33128.
If you wish to contest the findings of this administrative complaint and 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 GONTEST 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.
Page 1 of 2 CO PY
You must submit your request for an administrative hearing to the Department at the following address:
Florida Department of Children and Families
Regional Legal Counsel's Office
ATTN: Karen A. Milia, Esq.
401 N.W. 2" Avenue, Suite N-1014
Miami, Florida 33128
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;
(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 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 proceeding is not affected
when mediation does not result in a settlement.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the foregoing administrative complaint has been provided by
U. S. certified mail C11MD1327-ACCU, to, Kidco IV Child Care, located at, 6911 NW 3™ Avenue, Miami,
FL 33150, this 10" day of November, 2014.
ff Suzette Frazjér
Regional Program Safety Manager
Florida Department of Children and Families
Page 2 of 2
Docket for Case No: 14-005867
Issue Date |
Proceedings |
Mar. 24, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 23, 2015 |
Joint Motion for Voluntary Dismissal filed.
|
Mar. 09, 2015 |
(Petitioner's) Motion for Permission of Petitioner's Witness to Appear Telephonically for Final Hearing on March 27, 2015 at 9:00 a.m. filed.
|
Mar. 05, 2015 |
Amended Notice of Hearing (hearing set for March 27, 2015; 9:00 a.m.; Miami, FL; amended as to the Cancellation of Video Teleconference and Tallahassee Location only).
|
Mar. 04, 2015 |
Notice of Transfer.
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Jan. 22, 2015 |
Petitioner's Notice of Filing Interrorgatories filed.
|
Dec. 30, 2014 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 27, 2015; 9:00 a.m.; Miami, FL).
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Dec. 30, 2014 |
(Petitioner's) Motion for Extension of Time filed.
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Dec. 17, 2014 |
Notice of Hearing by Video Teleconference (hearing set for January 27, 2015; 9:00 a.m.; Miami and Tallahassee, FL).
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Dec. 17, 2014 |
Order of Pre-hearing Instructions.
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Dec. 17, 2014 |
Joint Response to Initial Order filed.
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Dec. 12, 2014 |
Initial Order.
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Dec. 12, 2014 |
Request for Administrative Hearing filed.
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Dec. 12, 2014 |
Administrative Complaint filed.
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Dec. 12, 2014 |
Notice (of Agency referral) filed.
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