STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES

Certified Mail Return Receipt No. 7012 2210 0001 5296 4796 To: The Early Years CDC

Attention: Ashlee Jackson

5100 US Highway 98 North

Lakeland, Florida 33809

ADMINISTRATIVE COMPLAINT

YOU ARE HEREBY NOTIFIED the Department is proposing to fine your child care facility $100.00 The Department's authority and grounds to impose these fines are explained below.

1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction The Early Years CDC for violations of child care licensing standards in sections 402.301 - 402.319,Florida Statutes, and chapter 65C-22, Florida Administrative Code.

   
   

2. Ashlee Jackson, is licensed under chapter 402, Florida Statutes, and chapter 65C-20, Florida Administrative Code, to operate a child care facility known as The Early Years CDC located at 5100 US Highway 98 North, Lakeland, Florida 33809. The child care facility license is currently on regular annual license.

   
   

3. During an inspection on March 15, 2013, you failed to maintain outdoor supervision as required by 65C-22.001(5)(a) F.A.C. Please see attached Exhibit A.

   
   

4. The violation described in paragraph 3 above is a Class II violation of a child care licensing standard. This is your facilities second time violating this standard. Your child care facility previously violated this standard on March 30, 2012 and was provided technical assistance and an administrative warning notification. Please see attached exhibits B. The fine for the March 15, 2013 violation is $50.00.

   
   

5. During an inspection on March 15, 2013, you failed to maintain a resilient surface underneath the fall zones of outdoor play equipment as required by 65C-22.002(9)(b) 3 F.A.C. Please see attached Exhibit A.

   
   

6. The violation described in paragraph 5 above is a Class II violation of a child care licensing standard. This is your facilities second time violating this standard. Your child care facility previously violated this standard on July 16, 2012 and was provided technical assistance and an administrative warning

notification. Please see attached exhibits C. The fine for the March 15, 2013 violation is $50.00.

If you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation Office, 200 North Kentucky Avenue, Suite 322, Lakeland. Florida 33801.

If you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do so as provided in the notification of rights below.

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 DECfSION. YOUR REQUEST FORAN ADMINISTRATIVE HEARING MUST BE IN WRITING AND 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:

Cheryl Westmoreland, Esquire Assistant Regional Counsel, Circuit 10 200 N. Kentucky Avenue, Suite 328F Lakeland, Florida 33801

AND

Gregory Venz, Esquire Agency Clerk

1317 Winewood Blvd. Bldg. 2, Rm. 204-X

Tallahassee, FL 32399-0700

Please note 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 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 tor 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;

Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require 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

1014

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by certified mail return receipt to Ashlee Jackson, % The Early Years CDC

             at.5100 US Highway 98 North, Lakeland, Florida 33809, this day of

Child Care Regulation Supervisor

4, L . 2013.

Docket for Case No: 13-002036