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DEPARTMENT OF CHILDREN AND FAMILIES vs KIDS DISCOVERY INTERNATIONAL, INC., OWNER OF KIDS DISCOVERY NO. 6, 15-002706 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-002706 Visitors: 35
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: KIDS DISCOVERY INTERNATIONAL, INC., OWNER OF KIDS DISCOVERY NO. 6
Judges: SUZANNE VAN WYK
Agency: Department of Children and Family Services
Locations: Pensacola, Florida
Filed: May 14, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 1, 2015.

Latest Update: Dec. 28, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner v. ADMINISTRATIVE FINE LICENSE NO, C01SR0055 KIDS DISCOVERY INTERNATIONAL, INC, owner of KIDS DISCOVERY #6 Respondent ADMINIS’ AINT Petitioner, Department of Children and Families, by and through its undersigned counsel, files this Administrative Complaint against Respondent, Kids Discovery International, Inc,, owner of Kids Discovery #6, License No. C0iSR00S5S, to impose-a fine in the amount of $275.00. Payment of this fine can be made directly to the Department of Children and Families, Child Care Regulation, 160 Governmental Center, Pensacola, Florida 32502, and must be paid within 24 days of receipt of this notice, unless you request a hearing. As grounds for the imposition of this penalty, the Department states as follows: l. ‘The State of Florida, Department of Children and Families, has jurisdiction over Respondent by virtue of the provisions of Sections 402.26-402.319, F' lorida Statutes, 2. The Respondent is licensed to operate as a child care facility pursuant to Sections 402.26—- 401.319, Florida Statutes, and Rule 65C-22, Florida Administrative Code. 3. Respondent committed a violation of Chapter 39, Florida Statutes, and Rule 65C-22.001, Florida Administrative Code, in regard to child safety. On the Child Care Facility Inspection Checklist dated 2/24/15, the facility was cited for having staff who failed to report within a reasonable time frame, possible child abuse as defined in Chapter 39, Florida Statutes (Class I violation), (See inspection checklist for details.) A $250.00 fine is imposed. 4, Respondent committed a violation of Rule 65C-22.002, Florida Administrative Code, in regard to physical environment, On the Child Care Facility Inspection Checklists dated 2/24/15, 10/30/14, and 5/29/14, the facility was cited for having areas of the building in need of repair (Class III violation). (See inspection checklist for details.) A $25.00 fine is imposed. 5, A Notice of Administrative Action was issued 2/25/15. 6. The above-referenced violations constitute grounds to levy this civil penalty pursuant to Sections 402.310, Florida Statutes, in that the conduct of Respondent constitutes a violation of the minimum standards, rules, and regulations for operation of a child care facility, RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THIS DECISION IS IN ERROR, YOUMAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ATTACHED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES.” CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true eee copy of the aL has been furnished by certified mail, return receipt requested, this Lb aay of #6, Attention: Nancy Padgett, 5733 Highway 90, Milton, Florida 32570, » 2015, to Kids Discovery Florida Bar No. 30066 Assistant Regional Counsel Department of Children and Families 160 Governmental Center, Suite 601 Pensacola, Florida 32502 (850) 595-8057 gh PEN Ry State of Florida Department of Children and Families eaes.30 s x3 ty MYELFAMILIES.COM NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING UNDER SECTIONS 120,569 AND 120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT BY 5:00 P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED NOTICE OF THE DEPARTMENT'S DECISION, You must submit your request for an administrative hearing to the Department at the following addresses: Assistant Regional Counsel Florida Department of Children and Families 160 Governmental Center, Suite 601 Pensacola, Florida 32502-5734 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT'S PROPOSED ACTION WILL BE FINAL. If you disagree with the facts stated in the Department's decision, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. At a formal hearing, you may present evidence and arguments on all issues involved, and question the witnesses called by the Department. If you do not disagree with the facts stated in the notice, you may request an informal administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for consideration by the Department. ‘ Your request for an administrative hearing must meet the requirements of Rule 28-. 108.201(2) or Rule 28-106.301(2), Florida Administrative Code, depending on whether you request a formal hearing or an informal hearing. In either event, your request for an administrative hearing must: 1. Include a copy of the decision received from the Department; Northwest Region, Circuit 4 160 Governmental Center, Pensacola Florida 32502-5734 i nt Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Résiliency © : 2. Be prepared legibly on 8% by 11 inch white paper, and 3. Include all of the following items: (a) The Department's file or identification number, if known; (b) Your name, address, email address (if any) and telephone number and the name, address, email addiess ( if any) and telephone number of your representative, ifany; (c) An explanation of how your rights or interests will be affected by the action described in the notice of the Department's decision; (d) A statement of when and how you received notice of the Department's decision; (e) A statement of all facts in the notice of the Department's decision with which you disagree. {f you do not disagree with any of the facts stated in the notice, you must say so; (f) A statement of the facts you believe justify a change in the Department's decision; (g) A statement of the specific rules or statutes you believe require reversal or modification of the Department's proposed action; (h) A statement explaining how the facts you have alleged above relate to the specific rules or statutes you have identified above; and (i) A statement of the relief you want, including precisely the action you want the Department to take. Section 120.569, Florida Statutes, and rule 28-106.204(4), Florida Administrative Code, require the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available. However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, 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 or informal dispute resolution does not result in a settlement.

Docket for Case No: 15-002706
Issue Date Proceedings
Jul. 13, 2015 Transmittal letter from Claudia Llado returning Petitioner's Proposed Exhibits to Petitioner.
Jul. 01, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 01, 2015 Letter to Judge Van Wyk from Lisa Drake enclosing list of witnesses for the hearing (proposed exhibits not available for viewing) filed.
Jul. 01, 2015 Joint Motion to Dismiss filed.
Jul. 01, 2015 Response to Order of Pre-Hearing Instructions, Witness List, and Notice of Service of Exhibits filed.
Jun. 29, 2015 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jun. 29, 2015 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
May 26, 2015 Order of Pre-hearing Instructions.
May 26, 2015 Notice of Hearing by Video Teleconference (hearing set for July 8, 2015; 10:00 a.m., Central Time; Pensacola and Tallahassee, FL).
May 22, 2015 Joint Response to Initial Order filed.
May 15, 2015 Initial Order.
May 14, 2015 Administrative Complaint filed.
May 14, 2015 Request for Administrative Hearing filed.
May 14, 2015 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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