May 10 O1 10:03a Dept Childen & Families 9047275519 * ca STATE OF FLORIDA DEPARTMENT OF CHILDREN & FAMILIES IN THE MATTER OF Certified Mail 7000-1670-0013-3256-2869 << A Civil Penalty Against Return Receipt Requested Gates of Pearl _ . ATTN: Pearl Bowman Ol ZO} 617 Huron Street _ Jacksonville, FL. 32254 ADMINISTRATIVE COMPLAINT “YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount es of Two Hundred Dollars ($200, 00). As grounds for the i imposition of this penalty, the Department states the following: 1. The Department of Children & Families, State of Florida, has jurisdiction over Respondent by virtues of the provisions of Chapter 402.301 - 402.3 19, Florida Statutes, 2. The Respondent, Pearl Bowman, is licensed to operate Gates of Pearl Day Care as a Child Care Facility i in compliance with Florida Statutes, Chapter 402, and Florida Administrative see Code (FAC), Chapter 65C-22. 3. During an investigation on March 30, 2001, it was determined that the Respondent : committed the following violations: a. FS., 402.305(12)(a)1-3, in that: On March 27, 2001, the Respondent admitted tying a child to a high chair with a cloth strap because he was crying. Bruises were found "to be consistent with the child being tied tightly around the waist. b, FAC Chapter 65C-22.001(5)(a), in that: Approximately fifteen (15) children were observed by an agent of the Department unsupervised on the playground. 4, _ The above © referenced violations constitute grounds to levy this Civil Penalty pursuant ter 4( i : ites, in that the above. referenced conduct of Respondent constitutes a . vio ation of the minimum on standards, rules and regulations for the operation ofa Child Care Facility. 5. Payment of this fine can be made directly to the Department of Children and Families. The mailing address i is: PO Box 2417, Jacksonville, FL 32231, Attention: Child Day Care Licensure. Me cere pope ees Pong nen May 10 O1 10:04a Dept Childen & Families 8047275519 NOTICE OF RIGHTS This decision constitutes final agency action unless a person who is substantially affected by it submits a written request for hearing that is received within twenty-one (21) days from the date on which he or she first receives this notice. The request for hearing must also meet the requirements of Section 120.562, Florida Statutes and either Rule 28-106.201 or Rule 28-106.301, Florida Administrative Code, or else it will be dismissed as required by . Section 120.569(2)(c), FS. ; ; That law and those rules require the written request for hearing to include the follo wing _ information: ; . : ; 1. The name and address of each agency affected and each agency's file or : identification number if known: 2 The name, address and telephone number of the person who is asking for the hearing (the petitioner); 3. The name, address and telephone number of the petitioner's representative, if any; 4. An explanation of how the Petitioner's substantial interests are or will be affected by : the agency decision; 5. A statement of when and how the petitioner received notice of the agency decision; 6. A statement that the petitioner does not dispute the facts upon which the agency relied but that it wants to exercise the right to be heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute: _A ncise statement of ‘the facts as the petitioner perceives them to be, including the “ fic facts set out by the agency that the petitioner wants the agency to reverse or change; 8. A statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and _ 9. A statement specifying what action the petitioner wants the agency to take in the : matter. no fet — daceaeinaien atmenauadenall May 10 O1 10:04a Dept Childen & Families 9047275519 p.4 ? a NOTICE OF RIGHTS Page 2 Failure to request a hearing in writing and within the time frames required in this notice or failure to provide the information required by the law and rules governing requests for Chapter 120 hearings constitutes a complete waiver of any right that a substantially affected person may have to challenge this decision. The request must be received by the following persons at the following addresses on or before twenty-one (21) days of the date on which this notice was first received by the person requesting the hearing: Roger Williams ; Virginia Daire, Agency Clerk Assistant General Counsel _ Department of Children & Families Department of Children & Families Office of the General Counsel P.O. Box 2417 1323 Winewood Blvd., Bldg. 1, Ste 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHIDLREN AND FAMILIES Q Nancy Coney Program Administrator ili 5 May 10 01 10:04a Dept Childen & Families 83047275519 Pp aony « oe # i CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by _ USS. Certified Mail, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes, this yak day of April, 2001, _ STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Nancy Corley \ Program Administrator nope ee mmm meer mre ope sasaletthieiteieant adet deetideaadeatiiiaemen eee

Docket for Case No: 01-002018