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: Dec. 24, 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.
|