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DEPARTMENT OF CHILDREN AND FAMILIES vs CUDDLE TIME LEARNING CENTER, INC., 18-001842 (2018)

Court: Division of Administrative Hearings, Florida Number: 18-001842 Visitors: 5
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. USPS.com® - USPS Tracking® Results Page 1 of 4 USPS T ra cki n g FAQs > (http://faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 70160910000089064533 Remove X Your item was delivered to an individual at the address at 12:08 pm on January 8, 2018 in ORLANDO, FL 32808. & Delivered January 8, 2018 at 12:08 pm Delivered, Left with Individual ORLANDO, FL 32808 Get Updates \v Text & Email Updates v Tracking History “ January 8, 2018, 12:08 pm Delivered, Left with Individual ORLANDO, FL 32808 Your item was delivered to an individual at the address at 12:08 pm on January 8, 2018 in ORLANDO, FL 32808. January 6, 2018, 11:50 am Delivery Attempted - No Access to Delivery Location ORLANDO, FL 32808 How can I help you? httns://taals usns cam/sa/TrackConfirm Action? ahels=70160910000089064533 2/16/2018 USPS.com® - USPS Tracking® Results Page 2 of 4 January 6, 2018, 7:42 am Departed USPS Regional Facility SEMINOLE-ORLANDO FL DISTRIBUTION CENTER January 5, 2018, 12:23 pm In Transit to Next Facility On its way to ORLANDO, FL 32808 January 4, 2018, 11:23 pm Arrived at USPS Regional Facility SEMINOLE-ORLANDO FL DISTRIBUTION CENTER Product Information See Less A Can’t find what you’re looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (http://faq.usps.com/?articleld=220900) How can | help you? httne://taale ucns cam/oa/TrackCanfirm Action! ahels=701 6091 NNNNNR9N64533 DNEA/O1IR

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
Issue Date Document Summary
Jul. 13, 2018 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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