sbuTzeoy eaTReIASTUTUPY JO UOTSTATC Wd O€'h ZTOZ ‘IT Atne petta STATE OF FLORIDA: DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF: A Civil Penalty against DCCO Docket No. 12-29 Kathleen Milton d/b/a PASCO COUNTY Milton Family Day Care Home ADMINISTRATIVE COMPLAINT Nature of the Case This case arises from the Licensed Family Day Care Home provider's failure to comply with Chapters 402 and 4365, Florida Statutes, and Rule 65C-20, Florida Administrative Code. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Chapter 402.301-.319, Florida Statutes. : The State of Florida, Department of Children and Families, is the administrative agency of the State of Florida charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes, and Rule 65C-22, Florida Administrative Code. On August 4, 2010, Kathleen Milton, identifying herself as the applicant to the Department to operate a licensed family day care home known as Milton Family Day Care Home located at 1741 Regal Mist Loop, Trinity, Florida 34655. On October 5, 2010, an annual license was issued, Certificate #FO6PA0264, which is valid from October 6, 2010 through October 5, 2011. On August 18, 2011, Kathleen Milton, identifying herself as the applicant to the Department to operate a licensed family day care home known as Milton Family Day Care Home located at 1741 Regal Mist Loop, Trinity, Florida 34655. On October 5, 2011, an annual license was issued, Certificate #FOGPA0264, which is valid from October 6, 2011 through October 5, 2012. Progressive Enforcement for repeated violations of child care licensing standards became effective on July 1, 2008. All licensed providers received a copy of the new standards in 65C-20 Administrative Code and 402 Florida Statutes, governing child care. All providers were invited to attend provider meetings for detailed explanations of how the changes would affect them and how progressive enforcement would be handled by child care licensing throughout the State of Florida. In addition, these documents have also been available on-line at the Department's child care licensing website (www.myflorida.com/childcare) since they went into effect. During a renewal inspection on September 23, 2011, (Report is dated September 26, 2011, as the licensing counselor concluded the inspection on September 26. 2011), the family day care home was found to be in violation of Licensing Standard # 34, Access’ to the Premises/Misrepresentation. On September 23, 2011, the licensing counselor entered the home and was advised by the provider that there were four (4) children in care.’ The licensing counselor discovered the provider had an additional five (5) children in two (2) different bedrooms. Four (4) of the nine (9) children were under the age of one. The other five (5) children were all one year old. The operator may only provide care to a maximum of four (4) children under the age of one. The operator provided fraudulent information to Licensing, in that the actual number of children that were in care at the time of the counselor’s arrival totaled nine (9). Based on licensing standards, the operator or substitute may not misrepresent, impersonate, or provide fraudulent information related to the family day care home to a parent/guardian, licensing authority, or law enforcement. This noncompliance was the first Class | violation for Licensing Standard # 34, Access to Premises/Misrepresentation. On September 26, 2011, a Notice of Administrative Action was issued notifying the provider that this violation would result in the imposition of an administrative fine. The acts and practices described in paragraph 6 are violations of Rule 402.319(1)(f)(1), Florida Statutes, which states in part: (1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person knowingly to: ... (f) Make any other misrepresentation, by act or omission, regarding the licensure or operation of a child care facility or family day care home to a parent or guardian who has a child placed in the facility or is inquiring as to placing a child in the facility, or to a representative of the licensing authority, or to a representative of a law enforcement agency, including, but not limited to, any misrepresentation as to: (1) The number of children at the child care facility or the family day care home. For violation of Licensing Standard # 34, Access to the Premises/Misrepresentation, the Department hereby imposes a fine of One Hundred Dollars ($100.00) for each child misrepresented for a total fine of Five Hundred Dollars ($500.00) for said violations. TOTAL ADMINISTRATIVE FINE: $ 500.00. NOTIFCATION 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: You may submit your payment of fine to the Department at the Tampa address: Department of Children and Families Legal Counsel, (Attention: Rebecca Kapusta) 9393 North Florida Avenue, Room 902 Tampa, Florida 33612 Telephone (813) 558-5510 Department of Children and Families Agency Clerk (Attention: Greg Venz) Office of General Counsel 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 Please note that a request for an administrative haring 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; (d) 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 tite are none, the petition must so indicate; (f) 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; (g) 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 (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 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 | hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt Requested, Certificate #7008 2810 0000 1695 4247 this 14th day of May, 2012, to Kathleen Milton, d/b/a Milton Family Day Care Home, 1741 Regal Mist Loop, Trinity, Florida 34655. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Mary aris Wehnes Regional Safety Program Manager State of Florida County of Hillsborough Th The foregoing instrument was acknowledged before this gL. day of rial , 2012 by who is ena to me. , ROSEMARY B. KAUFMAN Commission # EE 156913 5 Notary Pu CC: Rebecca Kapusta, DCF Region Legal Counsel J'Nai Miles, Child Care Licensing Counselor

Docket for Case No: 12-002338