¢ a = O6 4 “t) ; STATE OF FLORIDA U6 30 DEPARTMENT OF CHILDREN AND FAMILIES b Ay 10: 20 . : rn if Vy ¥iet Department of Children and Families . DCCO Dock¥ntan 86e aay SunCoast Reglétig 5)! AThy Manatee County VUNGS e Petitioner vs lo -AdOlo q We Love Kids, Foundation, Inc, : DBA Kid Konnection John and Jane Mann, Owners Respondent ADMINISTRATIVE COMPLAINT YORRARE HEREBY NOTIFIED that after twenty-one (21) days from receipR@Ethis complaint, the Department intends to revoke the license of the Kid Konnection, As grounds for imposition of this penalty, the Department alleges as follows: (1) The Department of Children and Families, State of Florida, has jurisdiction over ‘Respondent by virtue of the Provisions of. Chapter 402, Florida Statutes, 65C-22, Florida Administrative Code. (3) The Respondent has violated the provisions of Chapter 402, Florica Statutes and Chapter 65C-22, Florida Administrative Code, in that several deficiencies were cited at the Kid Konnection, 1608 55" Avenue West, Bradenton, Florida 34207 as follows: a. On August 8, 2008, a five year old child, A.A., who is a kindergarten student at Moody Elementary School, was picked up from Moody Elementary by Kid Konnection - . nd faken to Kid Konnection for after School care. “This. child was not enrolled at Kid ne ; Exnetosyvens 7 Properly maintained and verified, ve. db ALA, remained at Kid Konnection for 9 % hours from 3:14 pm until 12:55 am on : re the child from the school resulted in parenial distress, utilization of law enforcement resources, public involvement in searching for the child, and media announcements to assist in locating the child. Cc. The facility's inability to identify A.A. while in the facility's Care, and the failure to answer the second call from school officials both Violate Rule 65C-22.001 (5){a), Florida Administrative Code, because staff were not appropriately Supervising A.A. and were not capable of responding to emergencies, since they did not know the child’s identity, Parental contact information, or medical needs. The facility also violated Rule 65C- 22.006(4), Florida Administrative. Code, because A.A. was accepted into care with no enrollment records, Enrollment records must include parental contact information, emergency, and medical information. : Mins d. ‘Kid Konnection's daily attendance log did not include A.A., but he was added by an employee, Brent Flannigan, who left the facility at 6:00 pm, without any verification of enrollment. This violated Rule 65C-22.006(4) and Rule 65C-22.006(6), Florida Administrative Code, concerning enrollment and daily attendance records. On August 9, 2006, during an investigation of this incident by Department child i care licensing employees, it was determined that A. A. was in the care of Ray Mason during the evening of August 8, 2006, -Ray Mason has not been screened for disqualifying criminal offenses. This is a Violation of section 402.305(2)(a), Florida Statutes, which requires that Screening be conducted as Provided in chapter 435, using level 2 standards. f. Facility staff Kimberly Williams and Marlene Kelly informed Department licensing Section 402.305(4), Florida Statutes and Rule 65C-22.001 (4)(a), Ratios, Florida Administrative Code. g. On August 9, 2006, the Department also determined that the preschool outdoor play area had hazardous conditions. Around the back of the Preschool outdoor play area there was an approximately two feet wide byt two feet deep trench, This is a violation of Rule 85C-22.002(4)(a) & (c), Florida Administrative Code, which Provides that the outdoor play area must be safe and Sanitary, and shall be clean and free of hazards, (4) tin addition to the events of August:8, the. facility.has an extensive history of poor compliance with licensing standards in section 402.301 et seq., Florida Statutes, and chapter the facility's compliance problems. a. Administrative Complaint, Docket No. 02-02, dated April 14, 2002, assessed a fine of $1,600.00 for hazards in the Playground related to construction, b. . Administrative Complaint, Docket No. 05-14, dated August 10, 2005, assessed a fine of $800.00 for violations in the areas of supervision, staff to child ratios, records, operable - ~telephone, and minimum age requirements for the Person in charge... The facility was placed on a provisional license for the period of September 12, 2005, through January 11, 2006. Administrative Complaint, Docket No. 05-29, dated November 9, 2005, assessed a fine of $275.00 for violations in the areas of naptime supervision and training. d. Administrative Complaint, Docket No. 06-34, dated March 28, 2006, assessed a fine of $100.00 for violations in the areas of training and staff to child ratios. The facility did not contest the administrative complaint, but has not paid the fine. Administrative Complaint, Docket No. 06-59, dated June 8, 2006, assessed a fine of $375.00 for violations in the areas of training and staff to child ratios. This fine was not contested, but has not been paid (5) _Respondent is notified of the right to an administrative formal or informal hearing pursuant to Section 120.57, Florida Statutes; to be represented by counsel (at their expense); to take testimony, to call or cross examine witnesses or to have subpoena duces tecum issued, and fo present writien evidence or argument if she requests a hearing. - “Chapter 28-106, Part II, Florida Administrative Cade constitutes the Department's procedural Rules for administrative proceedings under Section 120.57 (1), Florida Statiités.“Any féquest for an administrative hearing must conform to the requirements in Rule 28-1 06.201, Florida Administrative Code (copy enclosed) and must State which issues of material fact you dispute. Failure to dispute material issues of fact in your request for a hearing may be treated by the Department as an election . by you of an informal proceeding under Section 120.57 (2)., Florida Statutes. Ina formal hearing, the hearing officer is from the Division of Administrative Hearings. In an informal hearing, the hearing officer is one of the Department's employees, usually an attorney within the Department. All requests for hearings shall be made to the Department of Children and Families, Suncoast Region Legal Counsel, (Attention: Raymond R. Deckert), 9393 North Florida Avenue, Room 905, Tampa, Florida 33612 (Telephone (813) 558-5513). (6) RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF FACTS ALLEGED IN THE COMPLAINT; WAIVER OF YOUR RIGHT TOA HEARING, AND THE ENTRY OF A FINAL ORDER BY THE DEPARTMENT. A REQUEST FORA HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS FROM RECEIPT, NOT COUNTING THE DAY OF RECEIPT. J hereby certify that a true copy hereof was sent Hand Delivered, Receipt Requested, to Kid Konnection, 1606 55" Avenue West, Bradenton, Florida 34207 onthe /tth of AttG wat, 2008. Cotte __ Maureen Coble Family. Safety Regional Program Administrator STATE OF FLORIDA COUNTY OF khy The foregoing instrument was acknowledged before me this \ { day ; , 2006 by My AU Re en Ca bl (a who is personally of : known to mal > Signature... Danielle C. Kir : 7 . ante. iS Nowe’, aS Y COMMISSION # DD245733 EXPIRES otary Public ‘December 14, 2007 BONDED THRU TROY FAIN INSURANCE INC. cc: SunCoast Region Legal Office (® A statement of the specific miles or statutes the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the relief sought tespect to the agency’s proposed action. (3) Upon receipt of a petition involving disputed issues of material fact, the agency shall grant or deny the petition, and if granted shall, unless otherwise provided by law, refer the matter to the Division of Administrative Hearings with a request that an administrative law judge be assigned to conduct the hearing. The request shall be accompanied by a copy of the petition and a copy of the notice of agency action. . (4) A petition shall be dismissed if it is not in substantial compliance with subsection (2) of this rule or it has been untimely filed. Dismissal of a petition shall, at least once, be without prejudice to petitioner’s filing a timely amended petition curing the defect, unless it conclusively appears from the face of the petition that the defect cannot be cured. (5) The agency shall promptly give written notice to all parties of the action taken on the petition, shall state with particularity its reasons if the petition is not granted, and shall state the deadline for filing an amended petition if applicable. Specific Authority 120.54(3), (5) FS. Law Implemented 120.54 (5), 120.569, 120.57 FS. Historp-New 4-1-97, Amended 9-17-98, by the petitioner, stating precisely the action petitioner wishes the agency to take with 28-106.202 Amendment of Petitions. The petitioner may amend the petition prior to the desi r the manner prescribed for filing and serving an original petition. ‘The petitioner may amend the petition after the designation of the presiding officer only upon order of the presiding officer. Specific Authority 120.54(5) FS. Law Implemented 120.5 69, 120.57 FS. History-New 4-1-97. oat 28-106.203 Answer. A respondent may file an answer to the petition. Specific Authority 120.54(5) FS. Law Implemented 120.569, 120.57 FS. History-New 4-1-97, 28-106.204 Motions. ' ; ; _ (1) All requests for relief shall be by motion. All motions shall be in writing unless made on the record during a hearing, and shall fully state the actiori requested and the grounds relied upon. The original written motion shall be filed with the presiding officer. When time allows, the other parties may, within 7 days of service of a written motion, file a response in opposition. Written motions will normally be disposed of after the response period has expired, based on the mo! opposing memoranda: The presiding officer shall conduct such proceedings and eriter such orders as are deemed necessary to dispose of issues raised by the motion: : . .. _@) Unless otherwise provided by law, motions to dismiss the petition shall be filed no later than 20 days after service of the petition onthe party. . “ , - ol - @) Motions, other than a’ motion to dismiss, shall include record and shall state as to each party whether the party has any objection to the motion. “(4 Any party may move for summary final order whenever there is no genuine issue as to any material fact. The motion may be.accompanied by supporting affidavits. All other parties may, within seven days of service, file a response in opposition, with or without supporting affidavits. ‘A’ party moving for summary final order later than twelve days before the final hearing waives any ‘objection to the continuance of the final hearing. _G) Motions for extension of time shall be filed prior to the expiration of the deadline sought to be extended and shall state good cause for the request. Specific Authority 120.54(5) FS. Law dmplemented 120.569, 120.57 FS. History-New 4-1-97. 28-106.205 Intervention. Persons other than the original parties to a pending proceeding whose substantial interest may be determined in the proceeding and who desire to become parties may petition the presiding officer for leave to intervene. Except for good cause shown, petitions for leave to intervene must be filed at least 20 days before the final hearing. The petition shall conform to subsection 28-106.201(2), FA.C., and shall include allegations sufficient to demonstrate that the intervenor is entitled to participate in the proceeding as a matter of constitutional or statutory right or pursuant to agency rule, or that the substantial interests of the intervenor are subject to determination or will be affected through the proceeding. The presiding officer may impose terms and conditions on the intervenor to limit prejudice to other parties. Specific Authority 120.54(5) FS. Law Implemented 120.569, 120.57 FS. History-New 4-1-97, ignation of the presiding officer by filing and serving an amended petition in © tion, together with any supporting or . a statement that the movant has conferred with all other parties of 139 “so

Docket for Case No: 06-003269