STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF fa A Civil Penalty Against FOR 2400" BAG UZ ESO | DAYTONA BEACH LEISURE SERVICES “as D/b/a ORTONA PLAYGROUND 108 East Orange Avenue A) b - 47/ U Daytona Beach, Florida 32114 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the State of Florida, Department of Children and Families, (hereinafter “the department”) has imposed an administrative fine upon you in the amount of Two Hundred dollars ($200.00). As grounds for imposition of this penalty, the department states as follows: 1. The department has jurisdiction to impose this administrative fine pursuant to Section 402.310, Florida Statutes; 2. DAYTONA BEACH LEISURE SERVICES is currently licensed to operate a child care facility d/b/a ORTONA PLAYGROUND, physically located at 1306 North Halifax Avenue, Daytona Beach, Volusia County, Florida, 32114 under DCF License Certificate Number C12V00125, expiring June 15, 2007; 3. Respondents are required to operate said facility in accordance with Chapter 402, Florida Statutes, and Chapter 65C-22, Florida Administrative Code; 5. Respondents have committed the following violations of Chapter 402, Florida Statutes, and/or Chapter 65C-22, Florida Administrative Code: a. On or about May 5, 2006, The Department received a telephonic complaint alleging Respondent’s employee allowed a child enrolled in respondent’s facility to leave the facility to “walk home’ by himself. In response to the telephonic complaint, the Department’s authorized agent responded to Respondent’s facility and spoke with Respondent's director, $.B., concerning the allegations, Respondent’s director informed the Department’s agent that the director brought J.M, a six-year-old child, from outside Respondent's facility into the building to call the child’s mother due to J.M. misbehaving on the playground. Respondent’s director stated that while she was on the telephone, J.M. told the director that he was going to leave. The director told J.M. to “leave or sit down”, and J.M. left the facility. According to Respondent’s director, she thought J.M. was with another group of children within the facility, and did not realize that J.M. left the facility. Thereafter, Respondent’s director was unable to locate J.M., so she called the police and J.M.’s mother. The Department’s agent later learned that J.M. was picked up by his father after the child had walked alone across the Seabreeze Bridge in Daytona Beach, Florida, Respondent’s failure to maintain the requisite direct supervision over the children attending their child care facility constitutes a violation of Rule 65C-22.001(5) (a), Florida Administrative Code. 6. For the above-listed violation, the following fine is imposed: a. For the violation occurring May 5, 2006, as outlined in 5.a. above, Two Hundred dollars ($200.00); For a total of Two Hundred dollars ($200.00). Payment of this fine can be made directly to the Department of Children and Families. The mailing address is: 210 North Palmetto Avenue, Suite 440, Daytona Beach, Florida 32114, Atin: Reginald Williams, District Administration. 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 fifteen (15) days from the date this Administrative Complaint is received to make a written request for this formal review. To initiate the formal review process, the following individual within the fifteen- (15) day time frame must receive a petition for a formal hearing which complies with the mandates as set forth in Rule 28-106.201, Florida Administrative Code, (a copy of which is attached hereto as ATTACHMENT D: Reginald Williams, District Administrator Department of Children and Families District 12 210 North Palmetto Avenue Suite 440 Daytona Beach, Florida 32114 No 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 Section 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 involved, to conduct cross-examination and submit evidence, to submit proposed findings of fact and order, to file exceptions to any order or hearing officer’s recommended order, and to be represented by counsel (at your own expense). In addition, you have the right to have subpoenas duces tecum issued. If mediation is available to resolve this dispute and should you choose to mediate, your right to a hearing will not be waived. sal on Dis Administrator Department of Children and Families, District 12 210 N. Palmetto Avenue Daytona Beach, FL 32114

Docket for Case No: 06-003714