i State of Florida Jeb Bush 0 Department of Children and Families Governor Lucy D. Hadi Secretary May 30, 2006 Certified Mail #: 7003 0500 0004 7109 9399 Return Receipt Requested IN THE MATTER OF A Civil Penalty Against Budd Bell Early Leaming Center Atin: Imogene Sanders, Director fy ly . “\ g G ( / 306 Laura Lee Avenue U G ( Tallahassee, Florida 32301 ADMINISTRATIVE COMPLAINT Dear Ms. Sanders: I am waiting this letter to advise you that the Department of Children and Families will impose an administrative fine against your facility in the amount of one hundred dollars ($100. 00) for violation of the provisions of Chapter 65C-22 Florida Administrative Code. This decision is based on the following facts: On April 20, 2006, your facility was cited non-compliant regarding appropriate discipline practices. During this complaint investigation, Department staff documented that on March 9, 2006 one of the facility employees admitted to holding the hands of two children under hot water as a form of discipline. The employee reportedly was punishing the children for playing in the water, The children sustained no injuries. At time of investigation this particular employee was no longer working at the facility. The child discipline/compliance violations are a direct violation of Rule 65C-22.001(8)(a),(b) of the Florida Administrative Code. The above infraction places the children in your care at risk and jeopardizes their safety and well being. The standards were written for the health and safety of children in care and must be maintained at all times. Contimed violations may result in your license being revoked pursuant to Florida Statute 402.310. The Department has the authority to impose an administrative fine for these violations pursuant to Section 402.310(1) Florida Stabstes. Payment of this fine may be made directly to the Department of Children and Families. The mailing address is; Child Care Licensure Office Department of Children and Families 2639 North Monroe Street, Building A, Suite 100 Tallahassee, Florida 32399-2949 District 2 Child Care Services Office 2639 North Monroe St, Suite 100-A, Tallahassee, Florida 32399-2949 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency Tf you wish to contest the decision of the Department to impose a fine against you and file a request for administrative hearing, you must follow the steps set forth below. NOTIFICATION OF RIGHTS 1, You, as Petitioner, have a right to request an administrative hearing, to be represented by counsel or other qualified representative, give parties or their counsel an opportunity, at a convenient time and place, to present the agency or hearing officer written or oral evidence in opposition to the action of the agency or fo its refusal to act, or written statement challenging the grounds upon which the agency has chosen to justify its action or inaction. (a) Any hearing request or answer to this administrative complaint shall be made in writing and the response should include the following: (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 petitioner, and the name, address and telephone number of the petitioner’s representative, if any. This shall be the address for service purposes during the course of the proceeding (3) An explanation of how the petitioner’s substantial interest will be affected by the agency determination. (4) A statement of when and how the petitioner received notice of the agency decision. (5) A statement of all disputed issues of material fact. If there are none the petition must so indicate. Failure to identify disputed issues of material fact may be regarded by the Department as an election to pursue informal administrative remedies under Section 120.57(2) Florida Statutes. (6) A concise statement of the ultimate facts alleged as well as the rules and statutes which entitle the petitioner to relief, and (7) A demand for relief. (b) Except for good cause: (1) Factual matters alleged in this complaint and not denied in the Request for Hearing shall be presumed admitted. (2) Failure to raise a particular defense in the Request for Hearing will be considered a waiver of such defense, (c) Any new matter raised i in the Request for Hearing shall be presumed to be denied by the Department. (d) Evidence shall not be taken on any issue not raised in the administrative complaint and the Request for Hearing. (ec) Ifthe petitioners desire to request a hearing, they must forward their request to: Department of Children and Families Child Care Services Office 2639 North Monroe Street, Suite 100-A Tallahassee, Florida 32399-2949 Attention: Joseph Alexander 2. The petitioners are given full notice of this agency action, Unless a request for hearing is received by the Department within twenty-one (21) days after receipt of this complaint, the respondent has waived the right to contest this action and this administrative complaint becomes the final order of the Department. STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Child Care Services, District 2 2639 North Monroe Street, Suite 100-A Tallahassee, Florida 32399-2949 CERTIFICATE OF SERVICE J HEREBY CERTIFY that a tme and correct copy of the foregoing has been furnished by Certified Mail, Return Receipt Requested, Certificate #: 7003 0500 0004 7109 9399 this 30" day of May, 2006, to: 306 Laura Lee Avenue Drive, Tallahassee, Florida, 32301. STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES ADE Soy Mace QE, Jose ph Alexander, Supervisor Child Care Services, District 2 2639 North Monroe Street, Suite 100-A Tallahassee, Florida 32399-2949

Docket for Case No: 06-002964