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DEPARTMENT OF CHILDREN AND FAMILIES vs PARTNERS IN EDUCATION LEARNING CENTER, INC., 15-000220 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-000220 Visitors: 3
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: PARTNERS IN EDUCATION LEARNING CENTER, INC.
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Jan. 14, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 4, 2015.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Partners In Education Certified Mail: 7012 3460 0002 3963 6677 Learning Center Incorporated Return Receipt Requested 5152 Vernon Road Jacksonville, FL 32209 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Two Thousand Seven Hundred Eighty Dollars ($2,780.00). 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 Partners In Education Learning Center Incorporated for violations of child care licensing standards in sections 402.301 - 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Partners In Education Learning Center Incorporated is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Partners tn Education Learning Center Incorporated License #C04DU0946 located at 5152 Vernon Road, Jacksonville, FL. 32209. The facility license is currently a REGULAR license. Violation #1 3. During a Routine Inspection conducted on November 24, 2014 DCF Licensing Counselor Tracey Flanders determined: A resilient surface was not provided beneath and within the fall zone for the red slide. 4, The foregoing facts violate Florida Administrative Code 65C-22.002(11)(b)(3)which states: Permanent or stationary playground equipment must have a ground cover or other protective surface under the equipment that provides resilience, and is maintained to reduce the incidence of injuries to children in the event of falls. 5. The violation described above is a Class Ii violation of child care licensing standards. It is the facility's second (a") Class Hl violation of Child Care Facility Standards Classifications Summary #40 Outdoor Equipment within a two-year period. The same violation was previously cited on March 18, 2014 at which time they received technical support and an administrative warning. The fine imposed for this violation is Fifty Dollars ($50.00). Violation #2 6. During a Routine inspection conducted on November 24, 2014 DCF Licensing Counselor Tracey Flanders determined: The personnel record did not include a signed CF-FSP 5337 Child Abuse and Neglect Reporting Requirements form for one (1) staff member D.T. 7. The foregoing facts violate Florida Administrative Code 65C-22.003(4)(c) which states: CF- FSP Form 5337, March 2009, Child Abuse & Neglect Reporting Requirements, which is incorporated by reference, must be signed annually by all child care personnel. 8. The violation described above is a Class III violation of child care licensing standards. It is the facility’s fourth (4") Class Ill violation of Child Care Facility Standards Classifications Summary #59 Personnel Records within a two-year period. The same violation was previously cited on October 30, 2012 which has now dropped off because it’s more than 2 years old, on July 19, 2013 they received an administrative warning, on March 18, 2014 they were fined $25.00 and on July 17, 2014 they were fined $1,590.00 at $30.00 per day for 53 days. The fine imposed for this violation is Two Thousand Seven Hundred Thirty Dollars ($ 2,730.00) at $30.00 per day for 91 days from July 19, 2014 to December 2, 2014, 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 Chief Legal Counsel Department of Children & Families P. O. Box 2417 Jacksonville, FL. 32231-0083 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; (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) Astatement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) Acconcise 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 3460 0002 3963 6677 to Partners In Education Learning Center Incorporated, 5152 Vernon Road, Jacksonville, FL 32209 this _; 6 7/Way of December2014. é / a 4 ra Z [yore afb bt Pamela Buckham a Safety Program Manager

Docket for Case No: 15-000220
Source:  Florida - Division of Administrative Hearings

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