STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES WG q! VE IN THE MATTER OF: A Civil Penalty Against Labelle Program Center, Inc. 1220 State Road 29 South Labelle, Florida 33975 D S- O7] IO ADMINISTRATIVE COMPLAINT 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 Labelle Program Center was in violation of $.402,.305 (2)(f), Florida Statutes and 65C-22.003 (7){a), Florida Administrative Cade 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 immediate issuance of a provisional license for a period not fo 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 mai! or telephonically. These updates were due by the 15” of each month. 6. On June 2, 2004, the facility was notified by certified mai! 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. 8a/Ppa = Fovd 490 fee [BEE TPE AG'TA G8BC/TT/28 Therefore, you aré hereby notifled of the Department's intent to revoke your license to operate Labelle Program Center. < This decision is based on the facility’s failure to comply with s.402.305 (2)(f) and 650: * 22.003 (7)(a), Florida Administrative Code, which state in part, respectively: 4 “By January 1, 2004, the (director) credential shall be a minimum Standard for Ilcensing”. “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 Ncense 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 120.562, 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 tequire 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, 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; 2 od CL TBEETPE HB:TH GBaZ/TT/2e 86/S6 35d B2;11/2685 81:80 9413381233 DCF 7. Aconcise statement of the facts as the petitioner perceives them ta 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. A statement 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: Eugenie Rehak, #255084 Paul Flounlacker, Agency Clerk District Legal Counsel Department of Children & Families Department of Children & Families Office of the General Counsel Post Office Box 60085 1323 Winewood Bivd., Bldg. 1, Suite 407 Fort Myers, Fl 33906 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Michelle Molloy, Licensing Sots PAGE Hb/ds 62/11/2085 61:48 9412381233 DCF FAGE 47/68 CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Regular Mail and U.S. Certified Mail # 2043 (Zod 0005 3968 775.4, Retum Receipt equested, in accordance with ss. 120.60(3), Florida Statutes, this 20 day of Tidy 2008 to Pat Bedingfield, Registered Agent for Labelle Program Center, Inc., 330 almont Street, Labelle, Florida 33935. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES pote Karen Petersen

Docket for Case No: 05-000710