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DEPARTMENT OF CHILDREN AND FAMILIES vs PAUL SIGNAL PRESCHOOL ACADEMY I, LLC, 15-001094 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-001094 Visitors: 7
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: PAUL SIGNAL PRESCHOOL ACADEMY I, LLC
Judges: D. R. ALEXANDER
Agency: Department of Children and Family Services
Locations: Lakeland, Florida
Filed: Mar. 02, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 24, 2015.

Latest Update: May 16, 2024
State of Florida Rick Scott | Governor Department of Children and Families Mike Carroll Secretary MYFLFAMILIES.COM William S. D'Aiuto Regional Managing Director STATE OF FLORIDA DEPARTMENT OF CHILDREN AND F AMILIES Hand Delivery To: Teneke Outing Paul Signal Preschool Academy i, LLC 131 State Road 60 West Lake Wales, Florida 33853 ADMINISTRATIVE COMPLAINT Se AT ie COMPLAINT YOU ARE HEREBY NOTIFIED the Department is Proposing to impose administrative fines totaling $550.00. 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 Paul Signal Preschool Academy |, LLC. for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Paul Signal Preschool Academy I, LLC. is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Paul Signal Preschool Academy I, LLC located at 131 State Road 60 West, Lake Wales, Florida 33853, The child care facility license is currently an Annual License. 3. While investigating a complaint inspection on December 4, 2014, it was determined that the seat belt used was not age appropriate for a three year old child that was transported who required a safety restraint. 4. The foregoing facts violate Rule 85C-22.001(6), Florida Administrative Code (F.A.C.), which requires children that are transported to have the required safety restraints. Central Region © 200 N Kentucky Avenue ® Lakeland Florida 33801 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency 5. The violation described above are Class | violations of a child care licensing standard. This is the facility's first occurrence of @ Class | violation within a two-year period. The fine imposed for this violation is $500.00. 6. Also on December 4, 2014, the Child Care Regulation Counselor observed six children and one staff member in a room that contained an infant child. A ratio of two staff for six children is required. 7. The foregoing facts violate rule ss 402.305(4), Florida Statues, F.S. & rule 65C-22.001(4). Florida Administrative Code, F.A.C, which requires a facility to maintain ratio at all times. a two-year period. Your facility previously was out of ratio on May 22, 2013 and you were provided technical assistance. A ratio of [2] staff for [6) children iS required. There was [1] staff for [6] children observed. The fine imposed for this Violation is $50.00. lf 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, 200 N Kentucky Ave, Suite 322, Lakeland, FL 33801. You may also enclose your original Certificate of License. If you wish to contest the findings of this administrative complaint 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 {S_ IN ERROR, YOU MAY 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: Cheryl D. Westmoreland, Esquire Assistant Regional Counsel, Circuit 10 1085 Highway 17, North Bartow, Florida 33830 Please note 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 petitioners 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) A concise 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 ail 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 i HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by hand delivery to Paul Signal Preschool Academ i,LL¢ , 131 State Road 60 West, Lake Wales, Florida 33853 this day of bei Tee j201 5. \ nas Demetria Nail, Child’Care Regulation Counselor

Docket for Case No: 15-001094
Issue Date Proceedings
Jun. 24, 2015 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 23, 2015 Department's Motion to Relinquish Jurisdiction (filed in Case No. 15-001095).
Jun. 23, 2015 Department's Motion to Relinquish Jurisdiction filed.
Jun. 09, 2015 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by July 6, 2015).
Jun. 08, 2015 (Petitioner's) Agreed Motion to Continue Final Hearing (filed in Case No. 15-001095).
Jun. 08, 2015 (Petitioner's) Agreed Motion to Continue Final Hearing filed.
Mar. 27, 2015 Order of Pre-hearing Instructions.
Mar. 27, 2015 Notice of Hearing by Video Teleconference (hearing set for June 12, 2015; 9:30 a.m.; Lakeland and Tallahassee, FL).
Mar. 27, 2015 Order Consolidating Cases (DOAH Case Nos. 15-1094 and 15-1095)).
Mar. 10, 2015 Notice of Appearance (Robert Grissard) filed.
Mar. 09, 2015 (Petitioner's) Response to Initial Order filed.
Mar. 02, 2015 Initial Order.
Mar. 02, 2015 Administrative Complaint filed.
Mar. 02, 2015 Request for Administrative Hearing filed.
Mar. 02, 2015 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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