Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: HAPPY ACRES RANCH, INC., D/B/A HAPPY ACRES RANCH
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Jamison, Florida
Filed: Aug. 28, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 5, 2015.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Happy Acres Ranch Inc Certified Mail: 7012 3050 0002 0677 3371
d/b/a Happy Acres Ranch Return Receipt Requested
7117 Crane Avenue
Jacksonville, FL 32216
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Two
Hundred Dollars ($200.00) and Revocation of the Gold Seal Status. 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 Happy Acres Ranch Inc d/b/a Happy Acres Ranch for violations of child care licensing standards in
sections 402.301 - 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code.
2. Happy Acres Ranch Inc is licensed under chapter 402, Florida Statutes, and chapter 65C-22,
Florida Adrninistrative Code, to operate a child care facility known as Happy Acres Ranch License
#C04DU0168 located at 7117 Crane Avenue, Jacksonville, FL 32216. The facility's license is currently a
REGULAR License.
Violation #1
3. During a Complaint Investigation on April 30, 2015 DCF Licensing Counselor Rosebud Hilliard
determined that:
A child was not adequately supervised and left the facility premises without the knowledge or
awareness of the staff. A five (5) year old child W.B. left the premises without the knowledge or
permission of the staff member D.T., who was assigned to supervise that child. A staff member A.V.
leaving to run a personal errand saw the child leave the property and run down the street. The staff
member returned the child to the facility.
4. The foregoing facts violate Florida Administrative Code 65C-20.001(5){a) which states:
Direct supervision means actively watching and directing children's activities within the same room or
designated outdoor play area, and responding to the needs of each child. Child care personnel at a facility
must be assigned to provide direct supervision to a specific group of children, and be present with that group of
children at all times. When caring for school-age children, child care personnel shall remain responsible for the
supervision of the children in care, shall be capable of responding to emergencies, and are accountable for
children at ali times, including when children are separated from their groups.
5. The violation described above is a Class | violation of child care licensing standards. It is the
facility's first (1*) Class I violation of Child Care Facility Standards Classifications Summary #5
Supervision within a two-year period. The fine imposed for this violation is One Hundred Dollars ($100.00)
and Revocation of the Gold Seal Status.
Violation #2
6. During a Complaint Investigation on April 30, 2015 DCF Licensing Counselor Rosebud Hilliard
determined that:
As a mandated reporter, the owner, operator, employee or substitute failed to report suspected
child abuse or neglect as required in section 39.201, Florida Statutes. The provider failed to call the
Abuse Hotline when a child left the premises without staff's knowledge or staff's permission. The
incident occurred at 5 p.m. on April 30, 2015 and a staff member A.V. self-reported the incident to the
Child Care Regulation office the next morning.
7. The foregoing facts violate Florida Administrative Code 65C-20.001(11)(b) which states:
Failure to perform the duties of a mandatory reporter pursuant to Section 39.201, F.S., constitutes a violation
of the standards in Sections 402.301-.319, F.S.
8. The violation described above is a Class | violation of child care licensing standards. It is the
facility's first (1") Class | violation of Child Care Facility Standards Classifications Summary #63
Access/Child Abuse or Neglect/Misrepresentation within a two-year period. The fine imposed for this
violation is One Hundred Dollars ($100.00) and Revocation of the Gold Seal Status.
9. You are further advised the violations described above requires the Department to
Revoke your Gold Seal Quality Care designation as provided in section 402.281, Florida Statutes,
which states: The child care provider must not have had any class | violations, as defined by rule,
within the 2 years preceding its application for designation as a Goid Seal Quality Care provider.
Commission of a class | violation shail be grounds for termination of the designation as a Gold Seal
Quality Care provider until the provider has no Class | violations for a period of 2 years.
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.
RIGHT TO ADMINISTRATIVE PROCEEDING
IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS
ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN
ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED
“NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES”
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 THE
DEPARTMENT’S ADMINISTRATIVE COMPLAINT.
You must submit your request for an administrative hearing to the Department at the following
address:
David Tucker
Chief Legal Counsel
Department of Children & Families
P. O. Box 2417
Jacksonville, FL. 32231-0083
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. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION
CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT
DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE
COMPLAINT, AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30
DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE
COMPLAINT.
If you disagree with the facts stated in the Department's administrative complaint, 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. You have the right to be
represented by counsel or other qualified representative.
If you do not disagree with the facts stated in the Department's administrative complaint,
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. You have the right to be represented by counsel or
other qualified representative.
Your request for an administrative hearing must meet the requirements of Rule 28-
106.2015(5), Florida Administrative Code, must be prepared legibly on 8% by 11 inch
white paper, and include all of the following items:
(a) Your name, address, email address (if any) and telephone
number.
(b) The name, address, email address (if any) and telephone
number of your attorney or qualified representative, if any.
(c) A statement requesting an administrative hearing.
(d) A statement of all facts in the administrative complaint with
which you disagree. If you do not disagree with any of the
facts stated in the administrative complaint, you must say so.
(e) A statement of when and how you received the
administrative complaint.
(f) A statement identifying the file number of the administrative
complaint, if shown on the administrative complaint.
Section 120.569, Florida Statutes, and rule 28-106.201(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 ail 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.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail
return receipt no. 7012 3050 0002 0677 3371 to Happy Acres Ranch Inc d/b/a Happy Acres Ranch, 7117
Crane Avenue, Jacksonville, FL 32216 this A‘4_ day of August /
y
Safety Program Mgnager
Docket for Case No: 15-004809
Issue Date |
Proceedings |
Nov. 05, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Nov. 02, 2015 |
Notice of Settlement and Voluntary Dismissal filed.
|
Oct. 26, 2015 |
Order Granting Continuance (parties to advise status by November 16, 2015).
|
Oct. 23, 2015 |
Motion to Continue Final Hearing Pending Settlement filed.
|
Sep. 02, 2015 |
Order of Pre-hearing Instructions.
|
Sep. 02, 2015 |
Notice of Hearing by Video Teleconference (hearing set for October 28, 2015; 9:30 a.m.; Jacksonville and Tallahassee, FL).
|
Sep. 01, 2015 |
Joint Response to Initial Order filed.
|
Aug. 28, 2015 |
Request for Administrative Hearing under Sections 120.569 and 120.57, Florida Statutes filed.
|
Aug. 28, 2015 |
Administrative Complaint filed.
|
Aug. 28, 2015 |
Notice (of Agency referral) filed.
|
Aug. 28, 2015 |
Initial Order.
|