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DEPARTMENT OF CHILDREN AND FAMILIES vs WINNERS PRESCHOOL AND CHILD CARE CENTER, III, 16-002076 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-002076 Visitors: 3
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: WINNERS PRESCHOOL AND CHILD CARE CENTER, III
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Apr. 18, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 2, 2016.

Latest Update: Nov. 11, 2024
(s ah . na \ lec A OR ou((G EE — SN te a frog te akin, STATE OF FLORIDA C Gsg — DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail Return Receipt No._/0/7.305 0 9007. To: Winners Preschool and Child Care Center I 609 N Power Drive, Suite 308 Orlando, Florida 32818 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of $1000. The Department’s authority and grounds to impose these sanctions are explained below. 1, The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Winners Preschool and Child Care I] for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Winners Preschool and Child Care LT is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility located at 609 N Power Drive, Suite 308, Orlando, Florida 32818. The facility license is currently on an annual Heense. 3. Respondent committed a Class [ licensing violation of 65C-22.001(6)() Florida Administrative Code, with respect to the Superviyion Rule. On October 9, 2015 a child was unknowingly left behind in a vehicle, at the facility or on a field trip. The inspections are attached as Exhibit “A”. The foregoing facts violate 65C-22.001(6)(f) Florida Administrative Code. 4. The violation described above is a Class / violation of child care licensing standards, It is the facility’s first Class I violation of the Supervision rule within a two-year period. For this violation, the Department imposes a fine which is imposed in accordance with Section 402.310(1) (a) 1, Florida Statutes. The fine imposed for this violation is $500. 5, Respondent committed a Class / licensing violation of 65C-22.001 (1 1)(b) Florida Administrative Code, with respect to the Access/Child Abuse or Negleci/Misrepresentation Rule. On October 9, 2015 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 inspections are attached as Exhibit “B”. The foregoing facts violate 65C-22.001(21)(6) Florida Administrative Code. 4, The violation described above is a Class J violation of child care licensing standards. It is the facility’s first Class ] violation of the Access/Child Abuse or Neglect/Misrepresemtation rule 1 1706] QD= within a two-year period. For this violation, the Department imposes a fine which is imposed in accordance with Section 402.310(1) (a) 1, Florida Statutes. The fine imposed for this violation is $500. Total due: $1000 If 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 by money order or cashier’s check. The mailing address is: Department of Children and Families Attention: Child Care Regulation If you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do so as provided in the notification of rights. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Cecilia Ukachi-Lois, Director of Winners Preschool and Child Care Center IM, 609 N Power Drive, Suite 308, Florida 32730 this 27 day of FeZva “4 ; 2016. Avida Iris Rosa Child Care Regulation Supervisor NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES 2 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 addresses: Stefanie Beach Department of Children and Families C/O District Legal Office, S-1129 400 West Robinson Street Orlando, Florida 32801-9425 [F 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. Ata 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 counse} or other qualified representative. Your request for an administrative hearing must meet the requirements of Rule 28- 106.201 5(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 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. Please contact the Program Office (850) 488-4900 should you have additional questions or concerns.

Docket for Case No: 16-002076
Source:  Florida - Division of Administrative Hearings

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