63/28/2682 69:44 9413381233 DCF PAGE 83 [22-349 Division of Administrative Hearings STATE OF FLORIDA DEPARTMENT OF CHILDREN AND IN THE MATTER OF: A Civil Penalty Against Cheers Early Learning Center T LEE COUNTY ADMINISTRATIVE COMPLAINT Nature of the Case 1. This case arises from the child care facility’s failure to comply with Section 402.305, Florida Statutes and Rule 65C-22, Florida Administrative Code. 2, This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Chapter 402, Florida Statutes. 3, The 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 May 31, 2001, Cheers Early Learning Center, Inc. identifying itself as the owner / operator, made application to the Department to operate a child care facility known as Cheers Early Learning Center Lat 1851 Commercial Drive, Fort Myers, Florida 33901. The Department issued an annual license #087373 to Cheers Early Learning Center, Inc. on June 30, 2001. 5, Qn December 18, 2001, a consumer complaint was received regarding @ three-year-old child exiting the front door of the facility on December 18, 200}. It was verified by staff that the child opened the security gate, because it was unlocked and exited the facility through the front door. 6. The acts and practices described in paragraph 5 is a violation of Rule 65C-22.001(5), Florida Administrative Code which requires direct supervision at all times. Due to the Jack of supervision at this facility, the child was placed in a potentially harmful situation. Therefore a fine of $100 is warranted. 4. On December 19, 2001 during this same complaint investigation, staff stated that this child had behavior problems including climbing on furniture, hitting staff and children, disobeying and pulling outlet covers out of the wall. There was no documentation in the file to support these statements. 8. Although, the acts and practices described in paragraph 7 is a violation of Rule 65C- 22.006(6)(b), Florida Administrative Code which requires a record of incident and accidents to be maintained daily including name of the affected party, date and time of occurrence, description of occurrence, actions taken and by whom, and appropriate signatures of facility staff and custodial parent or legal guardian. The Department chooses not to impose an administrative fine at this time but serves this as an administrative waming that further violations of incidenvaccident documentation may result in administrative action, which can include the imposition of fines, suspension, denial or revocation of the license. Cheers) .DOC 63/20/2682 89:44 9413381233 DCF TOTAL ADMINISTRATIVE FINE IS $100.00 NOTIFICATION OF RIGHTS Should you wish to appeal this action, you may request a hearing by making written request pursuant to Chapter 120, Florida Statutes. This request must comply with Rule 28-106.201 or Rule 106.301, Florida Administrative Code, or else it will be dismissed. The request for an administrative hearing must be made and received no later than twenty-one (21) days from the date you receive this notice. Failure to timely request an administrative hearing shall constitute a complete waiver of any rights you may have to challenge the department’s decision. Request for an administrative hearing shall be submitted to: Department of Children and Families Consumer Protection and Licensing Post Office Box 60085 Fort Myers, Florida 33906 Attention: Nancy Starr STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Eugenie Rghak, Bar #255084 District Legal Counsel P.O. Box 60085 Fort Myers, Florida 33906 Cheers. DOC PAGE 44 83/26/2082 89:44 9413381233 DCF PAGE 65 Certificate of Service . I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular United States Mail and Certified Mail, Return Receipt Requested. Certificate #7000 1530 000! 27268 5419 this A day of February 2002 to: Richard A. Cartuyvelles, Owner, Cheers Early Leaming Center I, 12800 Kenwood Lane, Fort Myers, Florida 33907. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Michelle Naylor Family Services Counselor Cheers! DOC

Docket for Case No: 02-001349