2 & @ 4, . Rick Scott State of Florida Governor » Department of Children and Families as Mike Carroll a nS Secretary MYFLEAMILIES.COM William S. D’Aiuto Regional Managing Director STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Hand Delivery To: Head of the Class Learning Center Ill Attn: Colley Lightsey 5002 Windover Lane Lakeland, Florida 33813 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is proposing to impose administrative fines totaling $500.00. The Department’s authority and grounds to impose this sanction are explained below. 1, The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Head of the Class Learning Center Ill for violations of child care licensing standards in sections 402.301 - 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Dametris Lightsey & Colley Lightsey are licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Head of the Class Ill located at 1836 Kathleen Rd, Lakeland, Florida 33805. The child care facility license is currently an Annual License. 3. On November 4, 2014, the child K.O. was physically injured when a facility staff member, Maricruz Trejo, intentionally reached across another child and yanked K.O.’s hand. Maricruz told the Department that when the child did not stand for the pledge of allegiance she took the child and pulled her from her seat to make her stand. Another teacher, Lil’Wanda Williams told the Department that K.O. came up to her saying “arm hurt’ and that Maricruz did it, while holding her arm and whining. When Li?Wanda told the operators wife what she learned, the mother was immediately contacted and the child was taken to Lakeland Regional Medical Center, where she was diagnosed with a Nursemaid’s (dislocated) Elbow. 4, The foregoing facts violate Rule 65C-22.001(8) F.A.C. and s. 402.305(12), which prohibits the use of any discipline that is severe, humiliating or frightening, or 200 N Kentucky Avenue, Suite 322, Lakeland, Florida 33801 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited for any child care personnel. 5, The violation described above is a Class | violation of a child care licensing standard; the form of discipline used posed an imminent threat to the children, or could or did result in death or serious harm to the health, safety or well-being of a child. This is your first occurrence in a two year period. $500.00. 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 N Kentucky Ave, Suite 322, Lakeland, FL 33801. If you wish to contest the findings of this administrative complaint or 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 the Department at the following addresses: Cheryl D. Westmoreland, Esquire Assistant Regional Counsel, Circuit 10 1055 Highway 17, North Bartow, Florida 33830 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: (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; 200 N Kentucky Avenue, Suite 322, Lakeland, Florida 33801 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency (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) 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 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 and correct copy of the foregoing has been furnished by hand delivery receipt to Colley Lightsey c/o Head of the Class Learning Center Il, 1836 Kathleen Rd, Lakeland, Florida 33805 this Listh day of it Heidi‘Dumont Child Care Regulation Counselor 200 N Kentucky Avenue, Suite 322, Lakeland, Florida 33801 Mission: Protect the Vulnerable, Promote Strong and Economicatly Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency

Docket for Case No: 15-002283