1. Florida Administrative Codes 65C-22.010 and 65C-20.012 entitled "Enforcement" mandates the imposition of a $50.00 fine for the second, Class II violation. Therefore, the Department is imposing a fine of

   $50.00 for this violation

   
   

2. The Department has met with the Respondent, monitored the facility, and offered assistance in correcting these repeated violations, but the Respondent has failed to remedy and abate this systematic pattern of violations.

   
   

3. Payment of this fine can be made directly to the Department of Children and Families, Child Care Licensing Unit, 401 NW 2nd Ave, Suite N-1026 Miami, FL 33128.

   
   

   NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES

   
   

   IF YOU BELIEVE 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 addresses:

   
   

   Florida Department of Children and Families

   Regional Legal Counsel's Office ATTN: Kimberly D. Coward, Esq. 401 N.W. 2nd Avenue, Suite N-1014 Miami, Florida 33128

   
   

   Please note that a request for an administrative hearing must comply with section 120.569(2)(c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions, when read together, require a petition for administrative hearing to include:

   
   

   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; 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;

   3. An explanation of how the petitioner's substantial interests 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 facts. If there are none, the petition must so indicate;

   6. 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;

   7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

   8. 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(4), Florida Administrative Code, require that a petition to 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 copy of the foregoing administrative complaint has been provided by U. S. certified mail, return receipt no. 7006 0100 0002 8864 5186 to Champs Brickell, LLC, c/o Ms. Helena Turbay, 1050 Brickell

Ave#110,Miami, Florida33131,this 31st dayofMarch ,2011.

  a.:._

Suzette Frazier

Regional Program Safety Manager

Florida Department of Children and Families

Docket for Case No: 11-003236