04 dup A Revocation of Child Care FacilityLicense | ,, Ay 10. Aggie le. - "29 Rip: vi Hevleyp., STATE OF FLORIDA nA Finis op DEPARTMENT OF CHILDREN AND FAMILIES ” IN THE MATTER OF: DCCO Docket No, oer Y- 3 7 7 \ F | L i Pysuncoast neg SETS A Civil Penalty Against }iS Xk iE | ; Cynthia Thompson, Owner JUL 2 8 2004 D ECEIVE ) { The Playroom - i ! 5345 Gulf Drive Suite 300 DCF Department cierk JUL 06 2064 Holmes Beach, 34217 | . SUNCOAST REGIONAL LEGAL OFFICE ADMINISTRATIVE COMPLAINT. DEPARTMENT OF CHILDREN & FAMILIES NATURE OF THE CASE 1. This case arises from the Respondent's failure to comply with Sections 402.301- 402.319 et seq., Florida Statutes with respect to licensure requirements. 2. This is an administrative action for imposition of civil penalties per known incident(s) of occurrence as authorized in section 402.310, Florida Statutes. 3. Petitioner, 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 January 2, 2004, the facility was notified by certified mail that The Playroom Child Care Facility was in violation of s.402.305 (2)(f), Florida Statutes and 65C-22.003 (7)(a), Florida Administrative Code in that documentation of your director credential had not been provided to the Department. The facility was given 10 business days from the date of the letter to provide documentation (a copy) of the director credential certificate or training transcript. The facility was advised that failure to comply with documentation requirements will result in the iramediate issuance of a provisional license for a period not to exceed six months. 5. On January 16, 2004, the Department had not received documentation of the facility's director credential, therefore the facility was issued a provisional license for the period January 2, 2004 through July 2, 2004. As part of the corrective action, the Department requested monthly updates on the facility's progress towards earning a director credential or hiring a director with the appropriate credential, to be given to the licensing representative by mail or telephonically. These updates were due by the 15" of each month. 6. On June 2, 2004, the facility was notified by certified mail advising the facility of the continued noncompliance and that documentation must be received by the Department or action to revoke the provisional license will be initiated. 7. Cynthia Thompson had completed the Behavior Observation Module on August 5, 2003. Mrs. Thompson was present at the overview of child care management training in Sarasota. Mrs. Thompson was focused on completing her AA degree so she could exempt out of a majority of the requirements. She has been contacted each month to go over the status of her progress, and to provide this office with an update, except for June when she telephoned on June 15, 2004. Mrs. Thompson Grelowre 7 tested on June 26, 2004 for the Introduction to Child Care and Special Needs. Both of those classes are needed for the completion of the 40 hour training requirement. She completed the Special Needs Module. To obtain the 20 hour Introduction to Child Care course she must complete the training module for Child Growth and Development and pass the exam. Therefore, you are hereby notified of the Department's intent to revoke your license to operate The Playroom. This decision is based on the facility’s failure to comply with s.402.305 (2)(f) and 65C-22.003 (7)(a), Florida Administrative Code, which state in part, respectively: “By January 1, 2004, the (director) credential shall be a minimum standard for licensing”. “Pursuant to Section 402.305 (2)(f), Florida Statutes, every child care facility director must have a director credential by January 1, 2004, which consists of the foundational! level or the advanced level. As of January 1,2004, every applicant for a license to operate a child care facility or a license for a change of ownership of a child care facility must document that the facility director has a director credential prior to issuance of the license to operate the facility”. 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 days from the date on which he or she first receives this notice. The request for hearing must also meet the requirements of Section 120.569, Florida Statutes (F.S.), 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), F.S. That law and those rules require the written request for hearing to include the following 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. Astatement 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; 7. Aconcise statement of the facts as the petitioner perceives them to be, including the specific 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. Astatement specifying what action the petitioner wants the agency to take in the matter. 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: . Raymond R. Deckert Paul Flounlacker, Agency Clerk Regional Legal Counsel Department of Children & Families Department of Children & Families Office of the General Counsel 9393 N. Florida Avenue Suite 900 1323 Winewood Blvd., Bldg. 1, Suite 407 Tampa, Florida 33612 Tallahassee, FL. 32301 | hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt ted, The Playroom, 5345 Gulf Drive Suite 300 Holmes Beach, 34217on the_/ Jt ___ of_ , 2004. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Ad trS. usan Stanton “Family Safety Régional Program Administrator STATE OF FLORIDA COUNTY OF _\\y Yu The foregoing instrument was acknowledged before me this {day of , 2004 by SUSAN sTantron who is personally known to me. Dow Wr 0. dake Signature Danielle Kirts ve connate C. Kirts f # DD245733 EXPIRES Notary Public December 14, 7007 BONDED THRU TROY FaIN, INSURANCE INC. ce: Regional Legal Counsel

Docket for Case No: 04-002779