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DEPARTMENT OF CHILDREN AND FAMILIES vs LEARNING BRIDGE ACADEMY, LLC, D/B/A LEARNING BRIDGE ACADEMY, LLC, 19-005092 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005092 Visitors: 20
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: LEARNING BRIDGE ACADEMY, LLC, D/B/A LEARNING BRIDGE ACADEMY, LLC
Judges: E. GARY EARLY
Agency: Department of Children and Family Services
Locations: Daytona Beach, Florida
Filed: Sep. 20, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 21, 2019.

Latest Update: Oct. 02, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Learning Bridge Academy LLC Certified Mail: 7012 3460 0002 3970 3201 d/bia Learning Bridge Academy LLC Receipt Requested 1396 Enterprise Osteen Rd Deltona, FL 32725 Case# 2019-C07V00231-1 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Fifty Dollars ($50.00). The Department’s authority and grounds to impose this sanction are explained below: 41. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Learning Bridge Academy LLC d/b/a Learning Bridge Academy LLC for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Learning Bridge Academy LLC is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Learning Bridge Academy LLC. License # C07VO00231 located at 2411 E Graves Ave, Orange City, FL 32763. The facility's license is currently a Regular License. 3. During a Complaint Investigation on June 25, 2019 Licensing Counselor Jessica Bevilacqua, determined that: Supervision of children in the five-year (5) old aroun was inadequate in that two (2) children I.B. and - R.H. were not in direct eye sight of the teacher on the playground. In an incident from May 20, 2019, ) two (2) children on the playground were not being observed or directly supervised. The teacher S.P., after repositioning herself, informed the children I.B. and R.H. of their inappropriate actions and reported to the Director. The teacher S.P. involved in this event is no longer employed by this facility. 4. The foregoing facts violate CCF Handbook, Section 2.4.1 (A) which states: Personnel must position themselves in the outdoor play area so that all children can be observed and directly supervised. 5. The violation described above is a Class Il violation of child care licensing standards. It is the facility's second (2"*) Class Il violation of Child Care Facility Standards Classifications Summary # 04-01 Supervision within a two-year period. The same was previously cited on December 12, 2018. The fine imposed for this violation is Fifty Dollars ($50.00). If you do not wish to contest the findings of this administrative complaint, please submit a ceshier's check or money order made payable to the Florida Department of Children and Families, Child Care Regulation Office, P.O. Box 2417, Jacksonville, FL 32231. 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” 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 NOTICE OF THE DEPARTMENT’S DECISION. You must submit your request for an administrative hearing to the Department at the following addresses: Jane Almy-Loewinger Assistant Regional Counsel Department of Children & Families 210 N. Palmetto Ave Sulte 447 Daytona Beach, FL. 32114 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. If you disagree with the facts stated in the Department's decision, 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. If you do not disagree with the facts stated in the notice, 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. Whether you requesting a formal hearing or an informal hearing, your request for an administrative hearing must meet the requirements of Rule 28-106.201(2) or Rule 28- 106.301(2), Florida Administrative Code. In either event, your request for an administrative hearing must: 1. Include a copy of the decision received from the Department; 2. Be prepared legibly on 8% by 11 inch white paper, and 3. Include all of the following items: (a) The Department's file or identification number, if known; (b) Your name, address, email address (if any) and telephone number and the name, address, email address ( if any) and Ej telephone number of your representative, if any; (c) An explanation of how your rights or interests will be affected by the action described in the notice of the Department's decision; (d) A statement of when and how you received notice of the Department's decision; (e) A statement of all facts in the notice of the Department's decision with which you disagree. If you do not disagree with any of the facts stated in the notice, you must say so; (f) A statement of the facts you believe justify a change in the Department's decision; (g) A statement of the specific rules or statutes you believe require reversal or modification of the Department's proposed action; (h) A statement explaining how the facts you have alleged above relate to the specific rules or statutes you have identified above; and (i) A statement of the relief you want, including precisely the action you want the Department to take. Section 120.569(2)(c), Florida Statutes, requires 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. eee CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no 7012 3460 0002 3970 3201 to Learning Bridge Academy LLC d/b/a Learning Bridge Academy LLC, 1396 Enterprise Osteen Rd, Deltona, FL 32725 this a lay of August 2019. Mala Ramoutar, CPM NER Safety Program Manager EXHIBIT 5 9/10/2019 IMG_3511.JPG https y/mail.google.com/mail/uO/?tab=wma&ogbi#inbox/FMicgxwChSkKtCOnhCVPtkHQbjhtPwv2!?projector=1&messagePartid=0.7 EXHIBIT 6 9/10/2019 IMG_3510.JPG https://mail.google.com/mail/u/0/?tab=wm&ogbi#inbox/F MicgxwChSktCDnhCVPtkHQbjhtPwvzi?projector=1&messagePartld=0.5 12 EXHIBIT 7 9/10/2019 IMG_3513.JPG https://mail.google.com/mail/u/0/?tab=wm&ogbl#inbox/FMfcgxwChSktCDnhCVPtkHQajhtPwvzi? projector=1&messagePartld=0.5 EXHIBIT 8 9/10/2019 IMG_3509.JPG hitps://mail.google.com/mail/u/0/?tab=wm&ogbl#inbox/F MfegxwChSKiC DnhCVPtkHObjhtPwvzl? projector 1&messagePartid=0,3 EXHIBIT 9 9/10/2019 IMG_3512.UPG hitps-/mail.googls.com/mail/u/0/?tab=wm&ogbi#inbax/F MicgxwChSktC DnhCVPtkH ObjhtPwv2zl?projector=1 &messagePartid=0.3

Docket for Case No: 19-005092
Issue Date Proceedings
Nov. 25, 2019 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to the agency.
Nov. 21, 2019 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Nov. 20, 2019 Petitioner's Notice of Case Settlement filed.
Nov. 18, 2019 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Nov. 14, 2019 Respondent's Witness List filed.
Nov. 07, 2019 Notice of Filing Petitioner's Exhibits filed.
Nov. 07, 2019 Petitioner's Witness List filed.
Oct. 01, 2019 Order of Pre-hearing Instructions.
Oct. 01, 2019 Notice of Hearing by Video Teleconference (hearing set for November 25, 2019; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Sep. 30, 2019 Joint Response to Initial Order filed.
Sep. 23, 2019 Initial Order.
Sep. 20, 2019 Administrative Complaint filed.
Sep. 20, 2019 Request for Formal Administrative Hearing Pursuant to Fl. St. 120.57(1) filed.
Sep. 20, 2019 Notice (of Agency referral) filed.
Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Source:  Florida - Division of Administrative Hearings

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