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.
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[yore afb bt
Pamela Buckham a
Safety Program Manager
Docket for Case No: 15-000220
Issue Date |
Proceedings |
Sep. 03, 2015 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
|
Mar. 04, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 03, 2015 |
(Petitioner's) Notice of Voluntary Dismissal filed.
|
Jan. 23, 2015 |
Order of Pre-hearing Instructions.
|
Jan. 23, 2015 |
Notice of Hearing (hearing set for March 10, 2015; 9:30 a.m.; Jacksonville, FL).
|
Jan. 22, 2015 |
Joint Response to Initial Order filed.
|
Jan. 14, 2015 |
Initial Order.
|
Jan. 14, 2015 |
Administrative Complaint filed.
|
Jan. 14, 2015 |
Request for Administrative Hearing filed.
|
Jan. 14, 2015 |
Notice (of Agency referral) filed.
|