: Aandi Te MINALLE YEAH ve gama yh 001/009 FILEC . STATE OF FLORIDA sw 8 DEPARTMENT OF CHILDREN AND FAMILIES “JAN -3 9012 . Cortified Matt 7010 3090-000 8884 3349 separtment Clerk Retum Recelpt Requested - DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner, Ye ADMINISTRATIVE FINE and . INVENT TO TERMINATE/REVOKE Leo, . GOLD SRA. DESIGNATION . : - LICENSE NO, CO2L80376 _ Make A Difference Outreach Center Ino Owner of ” Miracle Yeare Childcnre Centex TV 2944 Luke Byadford Ros ‘Tallahasses, Fl 32310 ~ . oo , Respondent. / ADMINISTRATIVE COMPLAINT ‘ Petitioner; Department of Children and Familles, by and through its undersigned - counsel, files this Adrainistratiye Complaint against Respondent, Miracle Years Childcare Cenitor IV, to impose & fine in the amount uf § 500,00. Payment of this fine oan be made 7 dirocily to the Department of Children and Families, Child Care Regulation, 2383 Phillips Road, ~ Tallahasses, Florida, 32308, and must he paid within ZL days of recolpt of this notice, unless . . you requent 4 hearing, A uniform aystem of prooedures to impose disciplinary santotions for violatlous of Sootlons 402,26-402,319, Florida Statutes, and Rule 65C-22, Florida Administrative Code, was - oreated in 2008, In accordance with Seations 402,281 and 402,310, Florida Statutes, andthe . Progressive Disciplinary Sanotions set forth by Rule and Statute, the Department must. 1219/2012 16:11 . _. 121812012 16:28 MIRACLE YEARS eAined 5760008 pope terminate/revoke your Gold Seal designation in accordance with procedures prescribed in _ Chapter 120, Florida Statutes. The Department tietsby notifies you of its Intent to torminate/revoke the Gold Seal Acsignatton of your ohild care facility in 21 dave from the service of this notification. The imposition of this change in status 1s based upon the violution cited on the Child Caro Paollity "Inspeotion Chevkdlist dated April 23, 2012, In regard to background screening nnd disqualified _ecsons, The Respondent, by and through specific actions, employed a dizqualifled person and Failed to take appropriate action to terminate them. As grounds for the imposition of these petualties, the Department states as follows: 1, The State of Plorida, Department of Children and Families, hes jurisdiction over Respondent by virtua of the provisions of Sections 402,26-402.3 19, Florida Statutes, 2 The Respondent is Noonged to operate as a obild care fuollity pursuant to ‘Sectlons £02, 26-402-529, Florida Statutes, and Rule 650-22, Florida Administrative Code,’ 3, Respondent committed a violation of Section 435.05(1), Florida Statutes, and - Rule 65C-22,006(4), Florida Administrative Code, in regard to background screening and dequalified persons, On the child care licensing chooklist dated April 23, 2012, your fReility was out of compliance in that the faollity knowlngly had a disqualifiedperson working at the frollity (Class I violation). A fins of § £00.00 is Smposed. 4, A Notice of Admtutstrative Action was isaued on April 23, 2012, ; 5. The above-referenced violation constitutes grounds to levy this civil penalty . _ pursuant to Seotlon 402,310, Florida Statutes, in that the conduot of Reayondent constitutes a ~ yiolatlont of the rolninnum standards, rules, aud regulations for operation ofa child care favility, 6, ‘If YOU BELIEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY _ REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THB DECISION. YOUR a 2 . 1241942012 16:12 ; FAX) * -92478/2012 18:28 MIRACLE YEARS &FAX)GSO 576 2005 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 fearing to the Department at the following, addresst Paul A. Rewell, Reglonal Counsel Deparhrient of Children and Fasilies Regional Counse: 2983 Phillips Road Tallahassee, FL 32308 Please note that a request for an adminietrative hearlng must comply with Section 120,569(2)(6), Florida Statutes, and Rule 28+106.201(2), Florida Administrative Code, Those provisions, when read togethor, require a petition for administrative hearing to include: (a) The name and address of exoh agenoy affected and each agenoy's file of identification number, if known; (b) The name, address, and telephono number of the petitioners the name, addtess, aud telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding: and ati explanation _of how the petitioner's substantial Interests will be affooted by the agenoy determination; (s) A statetnent of when and how the potitioner received notloe of the . egenoy declaton; (d) A statemont of all disputed issues of material faote. If there are none, the petitlon must go {udleato; . (e) A conolse statement of the ultimate facts alleged, including the ‘ apeolfio facta the petitions: contends warrant reversal or modification of the agenoy's proposed sotion; (f) A statoment of the spavifio rules or statutes the petitioner contends require revarsal ar modification of the agency's proposed action; .and =‘ . ' : ; P.003/009 P.003/004 12/19/2012 16:12 : 12/78/2012 15:21 MIRACLE YEARS hobo sre wos pooaene® (g) A statement of the rallof sought by the petttloner, stating precisely the action petitioner wishes the agency to taka with reapeot to the agency's proposed notion, Section 120.569, Florida Statutes, sd Rule 28-106.201, Florida Admindetatlve Cade, requite thata petition be dlarslased [fit is not in substantial compliance with the requirements above. Mediation as desorbed It Bcotlon 120,573, Florida Statutes, may be avallable ifagraed to by all partles, and on such terms a8 agreed to by all parties, The slglit to an adttinletrative proceeding fg not affeoted when mediation dovy not result Int a astilemant, CHRIITICATE OE SERVICE Y HEREBY CERTIFY that e true and coneot oopy ofthe foregoing has been finished by Certified U.S, Mail the We Say of. December, 2012, to: , Miracle Years Childcare CentorIV. © - Cortffled Mail — Return Receipt ented 7010 3090 000 8884 3339 2344 Lake Bradford Road Tallahagsee, Morids 32310 Northwest Rogion Covet Doepattinest of Children and Families 2383 Phillips Road, Room 231 Tallahasyeo, Florida 32308 Telephone (850) 488-4310 Faosimlle (850) 487-0387 ‘ Attorney for the Pettiiovier, “Department of Childxen and.Familles

Docket for Case No: 13-000097