7 : . ort STATE OF FLORIDA oo Ee sy f y DEPARTMENT OF CHILDREN AND FAMILIES To: Growing Room Bonita Springs LLC d/bla Growing Room Child Development Center 25151 Bernwood Drive Ceitified Mail . Bonita Springs, FL 34135 - Retélpt No: 7009 1680 0002 1808 0198 ADMINISTRATIVE COMPLAINT , YOU ARE HEREBY NOTIFIED the. Department is imposing a $100.00 administrative fine. The Department's authority and grounds to impose this sanction are explained below. 1. The Depaitment of Children: and Families is. auuthorized ad by section 402.310, Florida Statutes to sanction Growing Room Bonita Springs LLC d/b/a Growing Room Child Development Center for violations of child care licerising standards in sections 402.301 - 402.319, Florida Statutes, and chapter 650-22, Florida Administrative Code, 2. Growing Room Bonita Springs LLC, was issued a license’under section 402, Floritia Statutes, arid chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Growing.Room Child Development Center, beginning May 24, 2013, located at 25151 Bernwood Drive, Bonita Springs, FL 34135. The facility licerise fs currently a fegular, ahihual license, certificate # C20LE0112, which is valid from May 21, 2013 through May 20, 2014. 3. On May 20, 2013, a complaint was received by phone ‘and fax.in the child caré regulation unit from-an individual working at another néarby licensed child care facility (A.B. from Educare). The allegations, as explained in the written staternent that was received were as follows, “On May 20, 2013, around 2pm, I,.A.B., went to-Growing Room Child Devélopment Genter, While touring the owner, R.d., notified me that they were open for business and had thei DCF Licensing inspection “last week”. She then | showed me their license. | noti¢ed on their licerisé that it stated it was valid as of May 24, 2013. I noticed during my tour that triers ‘were roughly 10 children being cared for by. ‘stalf.. The children looked to be between the ages of 1 and 5:* As the child care regulation supervisor had already spoken with the: applicant, GB. - earlier in the day when additional questioris were asked prior to the issuance of the license, and a cohversation was had regarding when exactly the license would be effective (which was the following day, or May 21, 2013), the licensing counselor was sent out to the facility late in the day ort May 20, 2013. At the time of the licensing counselor’s arrival, at approximately 4:25pm, there were still 5 children observed i in ‘care, 4, The foregoing facts violate Florida Statute 402.319(1), 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: ...(b) Operate or attempt to operate a child care facilily without having procured a license as required by this act.. ...(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 of is inquiring as to placing a child in thé facility, of to a representative of the licensing authority, of to a representative of a law enforcement agency...” The foregoing facts violate Florida Statute 402.342, which states. in part, "(1) The operation of a child care facility without a license, a family day care hortie without a license or registration, or a large family child care home without a license is prohibited.” Florida Statute 402.302(2) states in part, “Child care facility” includes ary child care center or child Gare arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit...” Florida Statute 402.310 states in part, “(1)(a) The department or local licensing agency’ may administer any of the following disciplinary sanctions for a violation of any provision of ss. 402.301-402.319, or the rules adopted thereunder: 1. Impose an administrative fine not to exceed $100 per violation, per day.” 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 (Attention: Sherrie Quevedo), Post Office Box 60085, Fort Myers, FL 33906-6085. If you wish to contest the findings of this administrative compiaint, 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 DECISION. YOUR REQUEST FOR AN 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 thé Department at the following addresses: Department of Children and Families Legal Course! (Attention: Eugenie Rehak) Post Office Box 60085 Fort Myers, FL 33906-6085 Department of Children and Families Agency Clerk (Attention: Greg Venz) Office of Genatal Counsel 1347 Winewood Blvd. Building 2, Room 204 Tallahassee, FL 32399 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 réquire 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, arid telephone number of thé pétitiorier’s representative, if any, which shall be thé 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.stateivent 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) A cohcise statement of the ultimate facts alleged, including. the specific facts the petitioner coritends warrant reversal of. niotlification of the agency's proposed action; (g).A statement of the specific rules or statutes the petitioner contends. require ' feversal or modification of the agency's proposed action, including an explanation of how the alléged facts relate to thé 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 120.589, 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 réquirements above. Mediation as described in‘section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terns as agreed to by all parties. The right to an- administrative proceeding ig not affected when mediation does not result ina settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true arid correct copy of the foregoing has been furnished by certified mail return receipt to Regina Johnston, applicant and on-site director of Growing Room Bonita Springs LLC d/b/a Growing Room fphilld Development Center, 25151 Bernwood Drive, Bonita Springs, FL. 34135, this 2712 day of Sune , 2013. bi Hf Prethe WeArines Mary Beth Wehnes, CPM Regional Safety Program Manager CC: Eugenié Rehak, DCF Legal Counsel Shejtie Quevedo, Child Caré Regulation Supervisor

Docket for Case No: 13-004916