Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: LA PETITE ACADEMY
Judges: J. BRUCE CULPEPPER
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Feb. 03, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 16, 2017.
Latest Update: Sep. 25, 2017
Rick Scott
State of Florida Governor
Department of Children and Families Mike Carroll
Secretary
MYPLEAMIIES.COM William S. D'Aiuto
Regional Managing Director
Certified Mail No. 70/4 03/0 COs. 087% 7O7Z3
To: La Petite Academy #7493-Lake Mary C18SE0023 ed
3850 Lake Emma Rd, ~. Pp yf
Lake Mary, FL 32746-3397
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the
amount of $100. 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 La Petite Academy #7493-Lake Mary C18SE0023 for violations of child
care licensing standards in sections 402.301 - 402.319, Florida Statutes, and chapter 65C-22,
Florida Administrative Code.
2 La Petite Academy #7493-Lake Mary C18SE0023 is licensed under chapter 402,
Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care
facility located at 3850 Lake Emma Rd, Lake Mary FL 32746-3397. The facility license is
currently on an annual license.
5 The Respondent committed Class I licensing violations of Rule 65C-22.001(8)(b),
F.A.C.with respect to Child Discipline. On June 22,2016 A method of discipline was used at the
facility that was severe, humiliating or frightening to children in that [a teacher bit a one year
old child without no concern for the child's safety or wellbeing]. “All child care personnel must
comply with the facility’s written disciplinary policy. Such policies shall include standards that
prohibit children from being subjected to discipline which is severe, humiliating, frightening, or
associated with food, rest, or toileting. Spanking or any other form of physical punishment is
prohibited for all child care personnel. Rule 65C-22.001(8)(b),, F.A.C. The facility operator was
found to be in noncompliance with Child Discipline. The inspections for June 22,2016, is
attached as Exhibit “A”.
The foregoing facts violate 65C-22.001(8)(b),, F.A.C.
6 The violations described above is a Class I violation of child care licensing standards.
The facility has been found tobe in noncompliance with the Child Discipline one time within a
two-year period. Pursuant to Rule 65C-22.001(8)(b),, F.A.C. For the first violation of the same
Class I standard, the department shall issue an administrative complaint imposing a fine of $100
for each violation.” For this first 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
$100.
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
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
certified mail return receipt to Carmen Loiseau, Owner/Director of 3850 Lake Emma Rd, Lake
Mary FL 32746-3397, on this 19-day of September, 2016.
ida Iris Rosa
Child Care Regulation Supervisor
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
addresses:
BRIAN MEOLA
Assistant General Counsel (Central Region)
Department of Children and Families
C/O District Legal Office, S-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 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
heating, you may present evidence and argurnents 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 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.
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Tracking Number: 70140510000206847073
Updated Delivery Day: Thursday, September 28,2016
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September 29, 2018 , 14:48 Delivered, Left with LAKE MARY, FL'92746)
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Seotember 29, 2016 .8:13 Sorling Complete LAKE MARY, FL 32748
September 28, 2016, 6:14 Arrived at Unit LAKE MARY, FL 82746
september 27, 2016 , 9:49 Arrived at USPS Facility ORLANDO, FL 32624
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Docket for Case No: 17-000735
Issue Date |
Proceedings |
Sep. 25, 2017 |
Agency Final Order filed.
|
Mar. 16, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 16, 2017 |
Motion to Dismiss (with attached Settlement Agreement) filed.
|
Feb. 14, 2017 |
Order of Pre-hearing Instructions.
|
Feb. 14, 2017 |
Notice of Hearing by Video Teleconference (hearing set for April 12, 2017; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Feb. 09, 2017 |
Response to Initial Order filed.
|
Feb. 03, 2017 |
Initial Order.
|
Feb. 03, 2017 |
Administrative Complaint filed.
|
Feb. 03, 2017 |
Request for Administrative Hearing filed.
|
Feb. 03, 2017 |
Notice (of Agency referral) filed.
|
Orders for Case No: 17-000735