Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: CUDDLE TIME LEARNING CENTER, INC.
Judges: J. BRUCE CULPEPPER
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Apr. 06, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 21, 2018.
Latest Update: Jul. 13, 2018
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
Cuddle Time Learning Center Inc.
4513, 4515, and 4517 N Pine Hills Rd,
Orlando FL, 32808
Certified Mail Return Receipt No. 70/6 0910 O0COS Hb IS 33
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the
amount of $1,000.00 and Suspension the Facility’s License for Thirty (30) Days.. The
Department's authority and grounds to impose this sanction are explained below.
|. The Department of Children and Families is authorized by section 402.310, Florida
Statutes, to sanction Cuddle Time Learning Center Inc. for violations of child care
licensing standards in sections 402.301- 402.319, Florida Statutes, and chapter 65C-22,
Florida Administrative Code.
2. Cuddle Time Learning Center Inc is licensed under chapter 402, Florida Statutes, and
chapter 65C-22, Florida Administrative Code, to operate a child care facility located at
4513, 4515 and 4517 N Pine Hills Rd. Orlando FL, 32808. The facility license is
currently a Regular License.
3. Respondent committed a Class I licensing violation of 65C-22.001(6)(a)2.(d),. Florida
Administrative Code, with respect to the Seat Belt/Child Restraint Rule. On October 26,
2017; the number of children transported exceeded the manufacturer’s designated seating
capacity. The inspection is attached as Exhibit “A”.
4. The foregoing facts violate 65C-22.001(6)(a)2.(d), Florida Administrative Code.
5. The violation described above is a Class I violation of child care licensing standards. It is
the facility’s first Class I violation of the Seat Belt/Child Restraint Rule within a two-
year period. For this violation, the Department imposes a $500 fine which is imposed in
accordance with Section 402.310(10)(a), Florida Status. And 65C-22.010(2)(e)1, Florida
Administrative Code.
6. Respondent committed a Class I licensing violation of 65C-22.001(6)(a)2.(e),. Florida
Administrative Code, with respect to the Seat Belt/Child Restraint Rule. On October 26,
2017; the facility’s use of seat belts was not age appropriate for children being
transported who required safety restraints. The inspection is attached as Exhibit “A”.
7. The foregoing facts violate 65C-22.001(6)(a)2.(e), Florida Administrative Code.
8. The violation described above is a Class | violation of child care licensing standards. It is
the facility’s first Class I violation of the Seat Belt/Child Restraint Rule within a two-
year period. For this violation, the Department imposes a $500 fine which is imposed in
accordance with Section 402.310(10)(a), Florida Status. And 65C-22.010(2)(e)1, Florida
Administrative Code.
9. “For the third and subsequent violation of any class I standard, the Department shall,
upon applying the factors in Section 402.310(1) F.S., issue an administrative complaint
to suspend, deny, or revoke the license, and the Department may also issue an
administrative complaint imposing a fine not less than $100 nor more than $500 per day
for each violation. Cuddle Time Learning Academy is hereby placed on Suspension
for Thirty (30) Days.
Total due: $1,000
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
1S:
Department of Children and Families
Attention: Child Care Regulation
400 West Robinson Street S-929
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 rights.
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
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
certified mail return receipt to Cuddle Time Learning Center located at 4513, 4515, and
4517 N. Pine Hills Rd, Orlando, FL 32808, this 29th day of Deg on
\
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, Esq.
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 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 84 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.
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Docket for Case No: 18-001842
Issue Date |
Proceedings |
Jul. 13, 2018 |
Agency Final Order Closing File filed.
|
Jun. 21, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jun. 21, 2018 |
Settlement Agreement filed.
|
Jun. 01, 2018 |
Department's Proposed Exhibits filed (exhibits not available for viewing). |
May 24, 2018 |
Witnesses and Exhibits for the Department filed.
|
Apr. 19, 2018 |
Order of Pre-hearing Instructions.
|
Apr. 19, 2018 |
Notice of Hearing by Video Teleconference (hearing set for June 22, 2018; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Apr. 17, 2018 |
Joint Response to Initial Order filed.
|
Apr. 09, 2018 |
Initial Order.
|
Apr. 09, 2018 |
Notice (of Agency referral) filed.
|
Apr. 06, 2018 |
Response to Amended Order to Show Cause filed.
|
Apr. 06, 2018 |
Letter from Beryl Thompson-McClary regarding Response to Amended Order to Show Cause filed.
|
Apr. 06, 2018 |
Amended Order to Show Cause filed.
|
Apr. 06, 2018 |
Administrative Complaint filed.
|
Apr. 06, 2018 |
Request for Administrative Hearing filed.
|
Orders for Case No: 18-001842