STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES St. Michael’s Preschool, Inc. Certified Mail No.: 7013 1710 0001 3606 1036 3401 NW 213 Terrace Miami, FL 33056 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is imposing a Civil Penalty in the total amount of $90.00. The Department's authority and grounds to impose this sanction are explained below. 1. This is an administrative action for imposition of a civil penalty for 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 an administrative agency of the State of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. 3. Respondent, St. Michael's Preschool, Inc., License No. C11MD1109, is licensed under Chapter 402, Florida Statutes, and Chapter 66C-22 and 65C-20, Florida Administrative Code, to operate a child care facility known as, St Michael's Preschool, inc., located at, 3401 N.W. 213" Terrace, Miami. The facility license is currently an Annual License. Violation 1: Standard #21, Outdoor Play Area, Class Il 4. During a re-inspection on 8/1/2013, the facility was cited for a third violation of Standard #21 Outdcor Play Area, as the outside play area was observed to pose a threat to the health, safety or well- being of the children as the front outside play area has floor boards that are rotted through. The fine imposed for this second Class II violation of 2/15/2012 is $60.00. 5. The foregoing facts violate Rule 65C-22.002(4)(c), Florida Administrative Code. The violation described above is a Class II violation of child care licensing standards. It is the facility's third Class Il violation of Standard #21, Outdoor Play Area, within a two year period. Violation 1: Standard #57, Immunization Record Missing, Class Ill 6. During a routine inspection on 8/1/2013, the child care facility was cited for a fourth time for a violation of Standard #57, Immunization Record Missing, as the immunization records were missing for B.J. and C.J. Technical Assistance was provided. The fine imposed for this fourth class fi! violation of 8/1/2013 is $30.00. 7. The aforementioned violates Section 65C-22.006 (2)(c) of the Florida Administrative Code. The © violation described above is a Class Illi violation of the child care licensing standards. It is the child care facility's fourth Class III violation of standard #57, Immunization Record Missing, within a two year perlod. 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, 100 Opa Locka Blvd, Opa Locka, FL 33054. Page 1 of 3 If you wish to contest the findings of this administrative complaint and 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 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 must submit your request for an administrative hearing to the Department at the following address: Florida Department of Children and Families Regional Legal Counsel's Office ATIN: Karen A. Milia, 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; (o) 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 there are none, the petition must so indicate; (f) Aconcise statement of the ultimate facts alteged, 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 rellef 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. Page 2 of 3 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 and correct copy of the foregoing has been furnished by certified mail return receipt to, St. Michael's Preschool, Inc., located at, 3401 N.W. 213” Terrace, Miami, this 34 day of March, 2014. Suzette Frazier tS Y Regional Program Safety Manager Florida Department of Children and Families ‘ Page 3 of 3

Docket for Case No: 14-002213