STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7014 0470 0002 3594 2236 A Civil Penalty Against Return Receipt Requested Kidz Around the World d/b/a Precious Angels Child Care & Learning Center 1144 Arlington Road Jacksonville, Florida 32211 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Fifty Dollars ($50.00), against Kidz Around the World d/b/a-Precious Angels Child Care & Learning Center. As grounds for the imposition of this penalty, the Department states the following: 1. The State of Florida, Department of Children and Families (DCF) has jurisdiction over this matter by virtue of the provisions of Sections 402.301 — 402.319, Florida Statutes. 2. The Respondent, Kidz Around the World, is licensed to operate Precious Angels Child Care & Learning Center-License # C04DU0612 located at 1144 Arlington Road, Jacksonville, Florida, 32277as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22. Violation 3. During a complaint investigation on May 5, 2011, DCF Licensing Counselor, Walt Giannone determined that: An agent of the Department observed three (3) staff members were supervising nineteen (19) children in the one year old classroom. The ratio is one (1) staff for every six children where one year old children are included. The ratio is four (4) staff members when one year olds are included in a mixed age group of nineteen children. 4. FAC Rule 65C-22.001 (4) (a) (bb) (2), states, the staff to child ratio as established in s. 402.305 (4), F.S., is based on primary responsibility for the direct supervision of children and applies at all times while children are in care; in a mixed age ranges, where children one (1) year of age but under two (2) years of age are included, one (1) staff member shall be responsible for no more than six (6) children of any age group, at all times. Pursuant to the Filed August 8, 2011 2:35 PM Division of Administrative Hearings Florida Administrative Code Rule 65C-22.001, this is a Class 2 violation. This same Class 2 violation was previously cited on May 15, 2009. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #4-Insufficient staff, the fine for this second Class 2 violation is $50.00. 5. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes as the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 6. Payment of money order or cashier’s check for this fine can be made directly to the Department of Children and Family Services. The mailing address is: 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure. 7. Failure to pay the fine imposed in this Administrative Complaint will result in an automatic non-renewal of the license referenced above. NOTICE OF RIGHTS 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 CALENDAR 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: David Tucker Gregory D. Venz, Agency Clerk Chief Lega! Counsel Department of Children & Families Department of Children & Families Office of the General Counsel P.O. Box 2417 4323 Winewood Blvd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 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: (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(4), Florida Administrative Code, require that a petition to be dismissed if it is not in substantial compliance with the requirements above. Pursuant to section 120.573, Florida Statutes, the Department advises that formal mediation is not available for this administrative complaint. However, the Department may consider proposals to resolve the complaint without a formal hearing. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Pamela Buckham Safety Program Manager CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 7014 0470 0002 3594 at eturn Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this [Yt ay of June, 2011. STATE OF FhORIDA, DEPART OF CHILDREN & FA (ies Pamela fs Safety Program Manager _ SENDER: COMPLETE THIS. SECTION - Somplete items 1,2, dnd 3. Also.complete em 4 If Restricted Pellvery Is desired. etKoon C1 Addressee me) . Date of Delivery | 1. Article Addressed to: Kidz Around the World Precious Angels Childcai 4144 Arlington Road Jacksonville, Florida wot. e nei i} 2. Article Number {Transter from service laby PS Form 3811, February 2004 D. 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Docket for Case No: 11-003978