61/05/2686 10:43 +904 /%27-5519 PAGE @f/di DCF LEGAL_SERVICES STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Ks IN THE MATTER OF Certified Mail 7005 1160 0005 4340 75 A Civil Penalty Against Return Receipt Requested Mandarin Children's Academy 4228 Hood Road Jacksonville, Florida 32257 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Hundred Seventy-Fifly Dollars ($175.00). As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of Chapters 402,301 - 402.319, Florida Statutes. 2, The Respondent, Brenda Short, is licensed to operate Mandarin Children's Academy, located at 4228 Hood Road, Jacksonville, Florida $2257, as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Coda (F.A.C), Rule 65C- 22. 3. During a complaint inspection on October 14, 20085, it was determined that the Respor dent committed the following violations: a FAC Chapter 65C-22,001(5)(a)(b)(d) 1, 2 and 3 in that: The Licensing Counselor recelved 4 complaint on October 13, 2006, stating that in mid June of 2005 during a field trip, a five (5) year old child was left in the parking lot of Bowl America. The Director, B,5., admitted to accidentally leaving the child behind and stated that they were made aware of the incident when they returned to the facility and received a call from the bowling alley telling them that they had left the child there. Similar supervision violations were previously cited on March 4, 2003 and February 20, 2004 resulting in a Letter of Intent to Impose Administrative Action being issued on February 20, 2004. b. FAC Chapter 65C-22.003(2)(a)-(2) and 402.91/5(2).in that: There was not an adequate resilient surface under the equipment on the playground. Mulch had been purchased after the previous Inspection, out was not spread under the a : GE O1/ 65/2066 18:43 +964727-5619 DCF LEGAL_SERVICES PAI Administrative Complaint ~ Mandarin Children’s Academy Page: 2 equipment. Similar violations were previously cited on May 30, 2003, June 9, 3003, August 18, 2005. Letters of Intent to Impose Administrative Action were issued on May 30, 2003 and August 3, 2005. . © FAC Chapter 65C-22.003(2\a)-(e) and 402.306(2) in that: Two (2) staff members J.T, and K. W. did not start the 40 hour {nttoductary Child Care Training within the 90 day time frame. Similar violations were previously cited on May 30, 2003, June 9, 2003, December 10, 2003, December 30, 2004, March 29, 2005 and August 3, 2005 resulting in Letters of Intent to Impose Administrative Action being issued on May 30, 2003 and August 3, 2005. 4. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to s8.402.310(4)(a) and 402.310(4), Florida Statutes at the above referenced conduct of Respundent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 5, Payment of this fine can be made directly to the Department of Children and Family Servicas, The mailing address is: P.O. Box 2417, Jacksonville, FL, 32231, Attention: Child Care Licensure. 6, Please be advised that you do have the right to contest this Civil Penalty through an administrative hearing pursuant to Section 120.57, Florida Statutes, but that you have no more than twenty one (21) days from the date the Administrative Complaint is received to initiate this formal review. To Initiate this formal review process, a petition for formal hearing must be received by the following individuals within the twenty-one-day time frame: Royer L.D. Williams Gregory D, Venz, Agency Clerk Assistant General Counsal Department of Children & Families Department of Children & Families Ciffice of the General Counsel P.G. Box 2417 1317 Winewood Bivd., Bidg, 2, Ste 204 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32304 68/21 @1/O5/ <0UH 19:43 +304727-5519 DCF LEGAL_SERVICES PAGE 659/21 Administrative Complaint — Mandarin Children's Academy Page 3 Mo later than fifteen (15) days after receipt of your written request for a formal hearing, the request for a hearing shall be granted or denied. Absent the consent of all parties, the hearing will not commence on fewer than fourteen (14) days notice. Finally, in accordance with s, 120.57(b)(4), Florida Statutes (2004), all parties to this cause have the opportunity to respond, to present evidence and argument of all issues of involved, to condict cross-examination and submit evidence, to submit proposed findings of facts and order to file exceptions to any order of a heating officer's recommended order, and to be represented by counsel (at your expense). In addition, you have the right to have subpoenas and subpoenas duces tecum Issued. Your request for an administrative hearing must state what issues and material facts you dispute, or it will be dismissed, FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FOR A HEARING MAY BE TREATED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES AS AN ELECTION BY YOU FOR THE INFORMAL PROCEEDINGS UNDER s. 120.57(2), FLORIDA STATUTES (2004). NOTICE OF RIGHTS This decision constitutes final agency action unless a person who Is substantially affected by it submils a written request for hearing that ig received within twenty-one days from the date on which ne or she first receives this notice, The request for hearing must also meet the requirements of Section 120.56, F.S., and either Rule 28-106.201 or Rule 28-106.301, F.A.C., 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. Th 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 interesis are or will be affected by the agency decision; 5, Astatement of when and haw the petitioner received notice of the agency decision; 6. A statement that the petitioner does not dispute the facts upen which the agency relied but thal it wants to exercise the right to be hear! anyway OR a statement that the petitioner does dispute the facts upon which the agency relled and a list of the facts in dispute; 7. Aconcise statement of the facts as the petitioner perceives them to be, including the a specific facts set out by the agency that the petitioner wants the agericy to reverse or charge; Blédoae 2606 Ludo $300 72 /-5919 DCF LEGAL_SERVICES PAGE 18/21 Administrative Complaint ~ Mandarin Children's Academy Page 4 8. Astatement of the specific rules or statutes that the patitioner belleves requires the ayency to reverse or madify its decision; and 9. Astatement specifying what action the patitioner wants the agency to take in the matter, Failura to request a hearing in writing and within the time frames féquired in this notice or failure to provide the information required by the law and rules governing requests for Chapter 120 hearings constitutes a complete walver 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 L.D. Williams Gregory D. Venz, Agency Clerk Assistant General Counsel Department of Children & Families Department of Children & Farnilies Office of the General Counsel PID. Box 2417 1323 Winewood Bivd., Bidg, 1, Suite 407 Jasksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Andrea’). Tracinski ‘4 Program) Administrater } a PAGE 81/09/2086 18:43 +964727-5519 DCF LEGAL_SERVICES c CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S, Certified Mail 7005 11 60 0005 4340 7566, Return Receipt Requested, in accordance with ¢s, 120,80(3), Florida Statutes (2005), this AaHtsy of November, 2005, STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Andrea J. Trzcinski Pragram Administrator 11/21 81/65" 2685 18:43 +964727-5519 DCF LEGAL_SERVICES ' PAGE 12/21 STATE OF FLORIDA . ut DEPARTMENT OF CHILDREN AND FAMILIES ak og i Ke OR IN THE MATTER OF Certified Mail 7005 1160 0005 4346 9601 “# LB" Oey e, a the A Civil Penalty Against Return Receipt Requested Spey, co Mandarin Children’s Academy 4228 Hood Road Jacksonville, Florida 32257 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One: Hundred-Fifty Dollars ($150.00), As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of Chapters 402,304 - 402.319, Florida Statutes. 2. The Respondent, Brenda Short, Is licensed to operate Mandarin Children's Academy, locatec! at 4228 Hood Road, Jacksonville, Florida 32257, asa Child Care Facility In compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C- 22. 3. During a complaint re-inspection on November 2, 2005, it was determined that the Respondent committed the following violations: a. FAC Chapter 65C-22.001(5)(a){b)(d) 1,2 & 3, in that: The Licensing Counselor received a cotnplaint on November 1, 2005 Stating that the facility was seen transporting more children than the capacity of the van would allow. During the investigation counselor saw staif member B.S., transport seven (7) children in the van. Counselor counted the seatbelts and found that the van could only seat six (6) children in seathatlts. Employee, B.S. stated she crossed the seatbelts putting two (2) childrenin one (1) seatbelt. The facility has nat been cited for this before, however, this is a Class 4 Violation and is a serious Violation in itself, 6, FAC Chapter 640-22,002(1)(b\c)(e)(g) in that: There were toxic/hazardous material accessible to the children when the kitchen door was left open and there was a bottle of Mr. Clean on the floor. The half door, to the area that has Bl/io/ 46465 1064s +904 ?27-5513 DCF LEGAL_SERVICES PAGE Administrative Complaint ~Mandarin Children's Academy Page 2 the freezer, was also open Making carpet and textile cleaners accessible to the children. Similar violations wera previously cited on August 3, 2005 and October 14, 2005 resulting in a Letter of intent to Impose Administrative Action being issued on October 14, 2005. A The above referenced violation constitutes grounds ta levy this Civil Penalty pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes at the above referenced conduct of Respondent constitutes a violation of the minimum Standards, rules and regulations for the operation of a Child Care Facility. 5. Payment of this fine can be made directly to the Department of Children and Family Services. The mailing address Is: P.O, Box 2417, Jacksonville, FL, 32231, Attention: Child Care Licensure. 6. Please be advised that you do have the right to contest this Civil Penatty through an administrative hearing pursuant to Section 120.57, Florida Statutes, but that you have no more than twenty one (24) days from the date the Administrative Complaint is received to initiate this formai review, To Initiate this formal review process, a petition for formal hearing must be received by the following individuals within the fwenty-one-day time frame; Roger L.D. Williams Gregory D. Venz, Agency Clerk Assistant General Counsel Department of Children & Families De»artment of Children & Families Office of the General Counsel P.C), Box 2417 1317 Winewood Blvd,, Bldg. 2, Ste 204 Jacksonville, FL, 32231-0083 Tallahassee, FL, 32301 No later than fifteen (15) days after receipt of your written request for a formal hearing, the request for a hearing shali be granted or denied. Absent the consent of all parties, the hearing will not commence on fewer than fourteen (14) days notice. Finally, in accordance with s. 120.57(b)(4), Florida Statutes (2004), all parties to this cause have the opportunity to respond, to present evidence and argument of all issues of involved, to conduct cross-examination and submit evidence, to submit Proposed findings of facts and order, tc file exceptions to any order of a hearing officer's recommended order, and to be represented by counsel (at your expense). In addition, you have the right to have subpoenas and sUbooenas duces tacum issued. Your request for an administrative hearing must state what lsswes and material facts you dispute, or it will be dismissed. 13/21 DLE Wo? AUR LUI do +304 f27-5519 DCF LEGAL. SERVICES PAGE 14/21 Administrative Complaint -Mandarin Children's Academy Page 3 FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FOR A HEARING MAY BE TREATED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES AS AN ELECTION BY YOU FOR THE INFORMAL PROCEEDINGS UNDER 8. 120,57(2), FLORIDA STATUTES (2004), NOTICE OF RIGHTS This ¢'ecision constitutes final agency action unless a person who |s Substantially affected by it subm ts a written request for hearing that is received within twenty-one days from the date on That lnw 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. Ar explanation of how the petitioner's substantial interests are or will be affected by the agency decision; 5. A statement of when and haw the petitioner received notice of the ageney decision: 6. A siatement 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 rélied and a list of the facts in dispute; 7. A concise statement of the facts as the petilioner perceives them to bé, including the specific facts set out by the agency that the petitioner wants the agency to reverse or change; 8. Astatement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and 8. Astatement specifying what action the petitioner wants the agency to take In the matter. Failure lo request q 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. i/o? eso LOI tI f2/- S514 DGr LEGAL_SERVICES Pave Lof/el Administrative Complaint — Mandarin Children's Academy Page 4 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 L.D. Williams Gregory D, Venz, Agency Clerl Assistant General Counsel Department of Children & Families Department of Children & Families Office of the General Counsel PQ, Box 2417 1323 Winewood Blvd., Bldg. 1, Suite 407 Jetcksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, “O. HILDREN AND FAMILIES 7 Andrea J. Tr2cinski Programm Administrator ai/bo/ coun Lids +d #2 /-O019 DCF LEGAL_SERVICES PAGE 16/21 CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.&. Certified Mail 7005 1160 0005 4346 9601, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this 4yMday of November, 2005. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Andrea J. Tracinski Program Administrator

Docket for Case No: 06-000348