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DEPARTMENT OF CHILDREN AND FAMILIES vs LIFE FOR LIFERS, INC., 21-001691 (2021)

Court: Division of Administrative Hearings, Florida Number: 21-001691 Visitors: 7
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: LIFE FOR LIFERS, INC.
Judges: HETAL DESAI
Agency: Department of Children and Family Services
Locations: Bradenton, Florida
Filed: May 25, 2021
Status: Assigned, not set.
Latest Update: Jul. 03, 2024
4720 11% St. West Certified Mail Bradenton FL 34205 70/5, bedb bee 0001 720049 9969 Cane #: 2024-C12MAN316-01 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is imposing an administrative fine of one hundred dollars ($100.00) The Department's authority and grounds to impose this sanction are explained below. 14: The Department of Chidreri and Families is authorized by section 402.310, Florida Statutes (F.S.}, to sanction Life for Lifers Inc. for violations of child care licerising standards in sections 402.301 — 402.319, F.S., and Chapter 65C-22, Florida Administrative Code (F.A.C.). 2. Life for Lifers Inc. is licensed under section 402, F.S., and Chapter 65C-22, F_AC., to operate a child care facility known as Smiling Faces Junior Academy Inc. , at 1720 fith St W, Bradenton FL, 34205. The facility wes issued Certificate of License # C12MA0316 which is currently a annual license. 3. The Department issued the Child Care Facility Handbook, which is incorporated by reference in Rule 65C-22.001(6), F.A.C. (effective October 25, 2017}, and defines and. explains the licensing standards that must be followed by ail licensed facilities. The Child Care Facility Standards Classification Summary, which is incorporated by reference in Rule 65C-22.010(1e). FAC., identifies each licensing standard as either 4 Class {, Class fil, or Class If violation based upon the severity of the violation. Class | violations being the most serious. 4. On March 13, 2019, Child Care Ri conducted @ routine 5. On July 13, 2020, Chidd Care Regulation conducted a renewal inspection. During the inspection, the facility was found again to be in violation of Section 2.5 of the Childcare pranes Se pie Transportation. Child Care Regulation Counselor observed staff files for assigned drivers to find no updated physicat's on file for 2 of 1 Peer nt cateade: Wletathe laciys sevond \eibslion oticonsing stendent#C- within @ two-year period. Technical assistance provided to the facility. Further administrative action is required. — the Chikicare regarding driver did not have an annual physical which grants medical to drive. This is the faciity’s third violation of ing standard # 6-1 within a two-year Te assistance was provided to the facility. Fi action is ” Facility Handbook, which states in part The driver of any vehicle used by @ child care program to provide transportation must heve the following: A. A valid Florida driver’s ficense including the proper endorsement, B. An annual physical examination which grants medical approval to drive, ond vad cation) of course completo fa et aid training and pediatric cerdiopuimonery resuscitation (CPR) . The Department shall impose an administrative fine of fifty dollars ($50.00) for the second-Ciass |! violation of the sarne licensing standard within a two-year period as mandated by Rule 65C-22.010(2)(d)2, Florida Administrative Code (effective October 25, 2017). Therefore, an administrative fine of fifty dollars ($50.00) ig hereby ixnposed on the facility for the second-Ciass I! violation described in paragraph 5. . For the third Class Il violation, the Department shail impose an administrative fine of py ae roi day the facility is out of compliance within a two-year period 10. The total for this administrative complaint is one hundred and ten dollars ($110.00). tf you do not wish te contest tlie findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Chidren and Families, Child Care Reguiation (Aitention: Maritza Gonzalez), 9393 N Florida Ave., suife 500, Tampa, FL 33612. 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” Cortificate of Service | HEREBY CERTIFY that a true and conect copy of the foregoing has been furnished by certified mail retum receipt to Smiling Faces Junior Academy at 1720 11TH GT UST. Semen, See, nba LESHIA at 3407 30TH LANE EAST, BRADENTON, FL 34208, this & of mens 2021. Enciosure NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES explanation of how of interests will be affected Oat ane eeeeiat t tee nutan tf em Copaimanth decision; (6) A statement of when and how you received nofice of the Department's decision: (e) A statement of all facts in the notice of the Departments decision with which you disagree. If you do not disagree with any of the facts stated in the notice, you must say so; @ A statement of the facts you befieve justify a change im the Department's decision; (9) A. statement of the specific rules or statutes you believe fequire reversal or modification of the Department's proposed action; th) A statement explaining how the facts you have alleged above relate to the specific rules or statutes you have identified () A statement of the relief you want, including precisely the. action you want the Department to take. Section 120.560(2\\c), Florida Statutes, requires the Depariment te 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, not affected when mediation or informal dispute resolution does not resuit in a settlement. 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. AFTER YOU RECEIVED NOTICE OF You must submit your request for an administrative hearing to the Department at the following address: Department of Chikirean and Families Attx Legal Department _ 9393 N. Florida Ave, Suite 900 Tampa, FL 33642 1F 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), Flotida Statutes. At a formal Povele baie Ce ne ne ae NCR RIREMRE, actuation 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 dn informal hearing, you may present your argument or a written statement for consideration by the 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. Inchide a copy of the decision received from the Department: 2. Be prepared jagibly on 8% by 11 inch white paper, and 3. Include all of the following Kems: (a) The Department's file or idenfification number, if known; {b) Your name, address, email address (F any} and number and the name, wre, mal ces (Wary) ad telephone number of your representative, if any; &

Docket for Case No: 21-001691
Issue Date Proceedings
May 27, 2021 Initial Order.
May 25, 2021 Administrative Complaint filed.
May 25, 2021 Request for Administrative Hearing filed.
May 25, 2021 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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