STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES Certified Mail 7006 0100 0003 1070 1040 Return Receipt Requested DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Petitioner, v. ADMINISTRATIVE FINE and INTENT TO TERMINATE GOLD SEAL DESIGNATION LICENSE NO. C02LEQ307 Make A Difference Outreach Center, Inc. Owner of Miracle Years Childcare Center I 2403 West Tharpe Street Tallahassee, Florida 32303 Respondent ADMINISTRATIVE COMPLAINT Petitioner, Department of Children and Family Services, by and through its undersigned counsel; files this Administrative Complaint against Respondent, Miracle Years Childcare Center I, to impose a fine in the amount of $ 100.00. Payment of this fine can be made directly to the Department of Children and Family Services, Child Care Licensing, 2383 Phillips Road, Tallahassee, Florida, 32308, and must be paid within 21 days of receipt of this notice, unless you request a hearing. A uniform system of procedures to impose disciplinary sanctions for violations of Sections 402.301-402.319, Florida Statutes, and Rule 65C-22, Florid Administrative Code, was created in 2008. In accordance with Sections 402.281 and 402.310, Florida Statutes, and the progressive disciplinary sanctions set forth by Rule and Statute, the Department must revoke your Gold Seal designation in accordance with procedures prescribed in Chapter 120, Florida Statutes. The Department hereby notifies you of the intent to terminate the Gold Seal designation of your child care facility in 21 days from the service of this notification. The imposition of this change in status is based upon the violation cited on the Child Care Facility Complaint Report dated December 27, 2010. The respondent, by and through specific actions, left a child unattended in a portable classroom, which constitutes a Class 1 violation. As grounds for the imposition of these penalties, the Department states as follows: 1. The State of Florida, Department of Children and Family Services, has jurisdiction over Respondent by virtue of the provisions of Sections 402.301-402.319, Florida Statutes. 2. The Respondent is licensed to operate as a child care facility in compliance with Section 402.301, Florida Statutes, and Rule 65C-22, Florida Administrative Code. 3. Respondent committed a violation of Rule 65C-22.001(5) , Florida Administrative Code, regarding failure to maintain direct supervision in that a child was unknowingly left unattended in a portable classroom on December 21, 2010. 4. A Notice of Administrative Action was issued on December 27, 2010. 5. The above-referenced violation constitutes grounds to levy this civil penalty pursuant to Sections 402.310, Florida Statutes, in that the conduct of Respondent constitutes a violation of the minimum standards, rules, and regulations for operation of a child care facility. 6. IF YOU BELJEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING. You may submit your request for an administrative hearing to the Department at the following address: Department of Children and Families Assistant Regional Counsel 2383 Phillips Road Tallahassee, FL 32308 Please note that a request for an administrative hearing must comply with Section 120,569(2)(c), Florida Statutes (2008), and Rule 28-106.201(2), Florida Administrative Code. Those provisions, when read together, require a petition for administrative hearing to include: (a) The name and address of each agency affected and each agency’s file or identification number, if known, (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency’s proposed action. Section 120.569, Florida Statutes, and Rule 28-106.201, Florida Administrative Code, require that a petition be dismissed if it is not in substantial compliance with the requirements above. Mediation as described in Section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation does not result in a settlement. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Certified U.S. Mail the Kh day of we. a , 2011, to: Miracle Years Childcare Center I 2403 West Tharpe Street Tallahassee, Florida 32303 REBECCA KAPUSTA Florida Bar No. 0137707 Assistant Regional Counsel Department of Children and Family Services 2383 Phillips Road Tallahassee, FL 32308 (850) 488-4310

Docket for Case No: 11-001677