at Re Ba hank fhe bee, a ek a cle ei ll i 1 i i i i STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF: A Civil Penalty Against Elaine Duhamel Registered Family Day Care Home ADMINISTRATIVE COMPLAINT Nature of the Case 4. This case arises from the Respondent's failure to comply with Chapter 402, Florida Statutes, with regards to caring for more children then allowed by law, and misrepresentation to a licensing agent the accurate number of children in care. 2. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Chapter 402.310 Florida Statutes. “3 3. The State of Florida, Department of Children and Families is the administrative agency : - of the State of Florida charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes. : 4. On June 45, 2000, Elaine Duhamel, identifying herself as the owner and provider, made renewal application to the Department to operate a family day care home at 1338 Hancock Bridge Parkway, Cape Coral, Florida 33990. 5. The Department issued a registration, #084421 to operate a family day care home from November 30, 2000 until November 30, 2001. 6. On March 2, 2001 the Department received a complaint alleging that more children were being cared for than allowed by law. 7.0 2001, an agent from the Department investigated the complaint. During the process of the investigation, Ms. Duhamel first stated there were only (6) six children in her care that day. Ms. Duhamel! was unwilling to allow the Licensing representative access to all the rooms to her house. eras stmined that there were at least (8) eight preschoolers, (5) infants, and (2) schoolage children were in care at that time, for a total of (15) fifteen children. The licensing representative was never allowed access to two rooms. »"g. The acts and practices described in paragraph 8 are a violation of Section 402.302 (7) , ~ Florida Statutes which requires family day care homes not to exceed the number of children that is allowed by law. 40. The acts and practices described in paragraph 7 are a violation of Section 402.319 (1) (f) Florida Statutes which states it is a misdemeanor to misrepresent the number of children In care. . ” . : 1 TOTAL ADMINISTRATIVE FINE IS $100.00 ‘this ee day of - Coral, Florida 33990. NOTIFICATION OF RIGHTS Should you wish to appeal this action, you may request a hearing by making a written request pursuant to Chapter 120, Florida Statutes. This request must comply with Rule 28-106.201 or Rule 28-106.301, Florida Administrative Code, or élse itwillbe dismissed. The request for an administrative hearing must be made in rine roetra po lt ater than 21 days from the date you receive this notice. Failure to ai ely Tequest an” ~ administrative hearing shall constitute a complete waiver of any.y ite you’ may have to challenge the department's decision. re E gS You must forward your request to: Department of Children and Families Cross Program Licensing Post Office Box 60085 Fort Myers, Florida 33906 Attention: Nancy Starr 9. This administrative complaint is issued pursuant to Section 120.569 and 120.57 Florida Statutes. Any proceeding concerning this complaint shall be conducted pursuant to The Department of Children and Families Rules of Practice and Procedure. Florida Administrative Code, Chapter 10-2, et. seq., and the Mode! Rules of Procedure, Florida Administrative Code, Chapter 28. 10. The Petitioners are given full notice of this agency action. Unless a request for a hearing is received by the Department within twenty (21) days after receipt of this complaint, the petitioner has waived the right to contest this action and this administrative complaint becomes final order of the Department. STATE OF FLORIDA, .. DEPARTMENT OF CHILDREN AND FAMILIES Sarah Jarabek, mee Cross Program Licensing LAL : Eugenie Rehak Bar #255084 District Legal Counsel _ Post Office Box 60085 Fort Myers, Florida 33906 Certificate of Service | HEREBY CERTIFY that a true and correct copy of the foregoing has bere yao" by TI regular US Mail and Certified Mail, Return Receipt Requested, # , 2001 to: Elaine Duhamel, 1338 Hancock Bridge Parkway, Cape STATEOF FLORIDA, OF P.O. Box 60085 FostMyeges, Florida 33906 (941) 338-1344

Docket for Case No: 01-002402