STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF: A Civil Penalty Against Cert. No.: 7010 2780 0001 6793 2526 Children's Hour Day School c/o Susan Hamilton-Smith 11101 SW 184 St. Miami, Florida 33157 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department of Children and Familles (‘Department’) has imposed a Civil Penalty in the total amount of $80.00. As grounds for the imposition of this penalty, the Department states the following: 1, This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in section 402.310, Florida Statutes and rules 65C-22.010 and 65C-20,012, Florida Administrative Code, : 2. Petitioner, the Department, is the administrative agency of the State of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes. 3. The Respondent, Children’s Hour Day School, is licensed to operate a child care facility at 11101 SW 184 St, Miami, Florida 33157 under the provisions of Chapter 402, Florida Statutes. The Department issued license number C11MD0340 to Respondent effective 4-20-2011 through 4-19-2042. 4. This case arises from Respondent's failure to comply with Sections 402.301-402.319, Florida Statutes with respect to licensure requirements. Violation 1: Facility Not Be In Good Repalr (Class III) 5. During a routine inspection on 11-5-2008, the facility was cited for a violation of Standard # 14, as the facility was observed not in good repair. A bathroom door needed replacing. 6. During a renewal inspection on 3-12-2009, the facility was cited for continued noncompliance, in that, the door was still in need of repair. 7. During a renewal inspection on 4-7-2010, the facility was cited for a third time for a violation of Standard #14. Drawers needed repairing in the lunch room and the infant room. The acts and practices described are Class I! violations of Rule 65C-22.002(1)(a)(b)(c) of the Florida Administrative Code, which states that all child care facilities must be clean and in good repair; free from health and safety hazards and from vermin infestation, 8. During a re-inspection of 5-28-2010, the facility was cited for the fourth time for a violation of Standard #14. Drawers needed repairing in the lunch and infant rooms. _ 9. Florida Administrative Codes 65C-22,010 and 65C-20.012 entitled “Enforcement” mandates the imposition of a $25.00 fine for the third, Class III violation and a fine of $30.00 for the fourth violation. Therefore, the Department is imposing a fine of $55.00 for these violations. Violation 2: Bath facilities Not Adequately Maintalned (Class III) 10. During 2 complaint inspection on 7-15-2008, the facility was cited for violation of Standard # 28, as the bath facilities were not adequately maintained. Sinks and tubs needed fixing. 11. During a renewal inspection on 4-7-2010, the facility was cited again for the same violation. A toilet seat was broken and there was no running water. 12. During a re-inspection on 5-28-2010, the facility was cited for a third time for a violation of Standard #28. A toilet seat was broken. The acts and practices described are Class II! violations of Rule 65C-22.002(6)(a)(b)1(c)&(g) of the Florida Administrative Code which states that ail facilities must maintain each basin and tollet In good operating condition and sanitized as needed, at least once per day. 13, Florida Administrative Codes 65C-22.010 and 65C-20.012 entitled “Enforcement” mandates the imposition of a $25.00 fine for the third, Class [II violation. Therefore, the Department is imposing a fine of $25.00 for this violation, 44. 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 violation. 15. Payment of this fine can be made directly to the Department of Children and Families, Child Care Licensing Unit, 401 NW 2" 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 Regiona! Legal Counsel’s Office ATTN: Kimberly D, Coward, Esq. 401 N.W. 2™ 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: (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; (c) An explanation of how the petitioner’s substantial interests will be affected by the agency determination; (a) A statement of when and how the petitioner received notice of the agency decision; (e) A statement of all disputed issues of material facts. If there are none, the petition must so Indicate; (f) Aconcise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (g) A statement of the specific rules or statutes the petitioner contends require reversal ar modification af the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (h) 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 al parties, and on such terms as agreed fo by all parties. The right to an administrative proceeding is not affected when mediation does not result in a settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing administrative complaint has been provided by U, S. certified mail, return receipt no. 7010 2780 0001. 6793 2526 to Children’s Hour day School c/o Susan Harmilton-Smith, Director, 11101 SW 184 St, Miami, Florida 33157, this 16" day of May___, 2011. Suzette Frazier Regional Program Safety Manager Florida Department of Children and Families

Docket for Case No: 11-004639