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DEPARTMENT OF CHILDREN AND FAMILIES vs 21 ST CCLC PROJECT CITY KIDS - ENGLEWOOD NEIGHBORHOOD CENTER, 16-007154 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-007154 Visitors: 35
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: 21 ST CCLC PROJECT CITY KIDS - ENGLEWOOD NEIGHBORHOOD CENTER
Judges: D. R. ALEXANDER
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Dec. 06, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 5, 2017.

Latest Update: Dec. 27, 2024
oy Rick Scott z% £2, State of Florida Governor 9% d é Department of Children and Families Mike Carroll % ae Secrefary MYFLTAMILIES.COM William 8, D’Aiuto _MVPLIAMINIS COM Real Manging Director Certified Mail No.72/4 05/0 p02 069¢ GLY? To: 21st CCLC Project City Kids - Engelwood Neighborhood Center C090R0038 6123 La Costa Drive Orlando FL, 32807 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of $50. 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 21st CCLC Project City Kids - Engelwood Neighborhood Center C090R0038 for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2, 21st CCLC Project City Kids - Engelwood Neighborhood Center C090R0038 is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Codé;- to operate a child care facility located at 6123 La Costa Drive, Orlando FL, 32807. The facility license is currently on a provisional license. 3. Respondent committed Class II licensing violations of Rule 65C-22.006(4)(d)1, F.A.C., with respect to Background Screening Documentation Rule. On August 29,2016 and July 07, 2016-documentation of Level 2 screening was missing for staff. “(4) Personnel Records, Records shall be maintained and'kept current on all child care personnel, as defined by Section 402.302(3), F.S., and household members if the facility is located in a private residence. These shall include: (d) Initial Screening, Screening information must be documented on CF-FSP Form 5131, July 2012, Background Screening and Personnel File Requirements, which ‘is incorporated by reference and may be obtained from the department’s website. Screening includes the following: 1. Level 2-screening as defined in Section 435.04, F.S. For the purpose of issuing a license, any out-of-state criminal offense, which if committed in Florida, would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes under this rule.” Rule 65C-22,006(4)(d)1, F.A.C., The facility operator was found ta be in noncompliance with Backgrourid Screening Documentation rule. The inspections for August 29, 2016 and July 07, 2016 are attached as Exhibit “A”, The foregoing facts violate 65C-22.006(4)(d)1, F.A.C., Central Region: 400 W. Robinson Street, Suite 912, Orlando, FL. 32801 Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency 4 The violations described above are a Class Il violation of child care licensing standards. The facility has been found to be in noncompliance with Background Screening Documentation Rule two times within a two-year period. Pursuant to Rule 65C-22.006(4)(d)1, F.A.C., For the second violation of the same Class I standard, the department shall issue an administrative complaint imposing a fine of $50 for each violation.” For this second 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 $50. Total due: $50 If you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be inade 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 Attétition: Child Care Regulation 400 West Robinson Street S-912 Orlando, Florida 32801 _ If you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do so.as provided in the notification of tights. ° ~~ ~ 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” CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that,a true and correct copy of the foregoing has been furnished by certified mail return receipt to Marcia Bowen, Owner/Director of 21st CCLC Project City Kids - Engelwoad Neighborhood Center CO9OR0038 located at 6123 La Costa Dr, Orlando FL, 32807, on this 10 day of October, 2016. ae Avida Iris Rosa Child Care Regulation Supervisor NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STAT UTES 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: BRIAN MEOLA Assistant General Counsel (Central Region) Depattment of Children and Families C/O District Legal Office, $-1129 400 West Robinson Street Orlando, Florida 32801-9425 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 EF FECTIVE 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 ora 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 28-106.201 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 numberof 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 yout 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: 16-007154
Source:  Florida - Division of Administrative Hearings

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