STATE OF FLORIDA oe DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail TOO 3 f2) 4 3834 Return Receipt Requested AND FAMILIES, Petitioner, vo ADMINISTRATIVE FINE -LICENSE NO. G02LE0590,.- Avis Pierce, Owner of: Rattler Zone Daycare 1102 S. Adams Street Suite 8, 9 Tallahassee, Florida 32301 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Children and Families (herein after the “Department”), by and through: its undersigned counsel, files this Administrative Complaint against Respondent, Rattler Zone Daycare, to impose a fine in the amount of $60.00. Payment of this fine can be made directly to the Department of Children and Families, Child Care Regulation, 2383 Phillips Road Tallahassee, Florida 32308, and must be paid within 21 days of receipt of this notice, unless you request a hearing. As grounds for the imposition of this penalty, the Department states as ’ follows: 1. The State of Florida, Department of Children and Families, has Jurisdiction over Respondent by virtue of the provisions of Sections 402.26 - 402.319, Florida Statutes. . The Respondent is licensed to operate as a child care facility pursuant to Sections 402.26 — 402.319, Florida Statutes, and Rule 65C-22, Florida Administrative Code. 3. Respondent committed a violation of Section 402.305, Florida Statutes, and Rule vs 65C+22.004,4),-Florida-Administrative Code,:in-regard:to:staff:to-child-ratios AS ~2si5 2.0 shown on the child care licensing checklists dated September 12, 2014, January 1, 2015, and July 17, 2015, Respondent failed to maintain the required staff-to- child ratios. This is the third occurrence of this violation within a two-year period. A fine of $60.00 is imposed. . A Notice of Administrative Action was generated on July 17, 2015. . The above-reférenced violation constitutes grounds to levy this civil penalty pursuant to Sections 402.310, Florida Statutes, in that the conduct. of Respondent. constitutes a violation of the minimum standards, rules, and regulations for operation of a child care facility. RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THIS DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by “a a Certified U.S. Mail the Ut day of Diy vat , 2015, to: Rattler Zone Daycare 1102 S. Adams Street Suite 8, 9 Tallahassee, Florida 32301 MICHAEL A. LEE . Florida Bar No. 675644 Fla Bay We 730A! Email: Michael.Lee@myfifamilies.com NWRLegalHQ@def.state.fl.us Region Counsel for the Northwest Region 2383 Phillips Road, Room 231 Tallahassee, FL 32308 Telephone: (850) 778-4052 Facsimile: (850) 487-0387 Attorney for the Petitioner, Department of Children and Families Attachment: Notification of Rights Under Chapter 120, Florida Statutes ! | i i i NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS INERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING UNDER SECTIONS 120.569 AND 120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT BY 5:00, P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED THE _______ DEPARTMENT'S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following addresses: Department of Children and Families Regional Counsel “Tallahassee, FL 32308 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT'S PROPOSED ACTION WILL BE FINAL. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT, AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. If you disagree with the facts stated in the Bepartment's administrative complaint, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. At a formal hearing, you may present evidence and arguments on all issues involved, . arid question the witnesses called by the Department. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department's administrative complaint, you may request an informal administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for consideration by the Department. You have the right to be represented by counsel or other qualified representative. ; Your request for an administrative hearing must meet the requirements of Rule 28- 106,2015(5), Florida Administrative Code, must be prepared legibly on 8 % by 11 inch white paper, and include all of the following items: (a) Your name, address, email address (if any) and telephone number. goin eer 28884 “Phillips ‘Road -- scien ins OeisaPe oettctnel altar ania (b) The name, address, email address (if any) and telephone number of your attorney or qualified representative, if any. (c) A statement requesting an administrative (a) A statement of all facts in the administrative complaint with which you disagree. If you do.not disagree with any of the facts stated in the administrative complaint, you must Say so. SSS Section 120.560, Florider Statutes; aiid tld 28:06:20 11a) Florida AdainIstatVe Code” (e) A statement of when and how you received the _ administrative complaint. (f) A statement identifying the file number of the administrative complaint, if shown on the administrative complaint. require the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available. ‘However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, ifagreed 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 or informal dispute resolution does not result in a settlement. U.S. Postal Service iy CERTIFIED MAIL. RECEIPT {Domestic Mail Only; No Insurance Coverage Provided) rk Relum Reeslpt Fee Postma (Endorsement Required) Restricted Delivery Fea (Endorsement Requiran) 7010 3050 oo00 aaay 3834 PS Form 3600, Augus) 2006 See Reverse for lastructions COMPLETE THIS SECTION ON DELIVERY || A. Signaty xX AT . B, Regelved ky (Printed Name) ‘i sai : ® Complete Items 4, 2, and 3:.Also complete item 4 if Restricted Delivery is desired, Print your name and address on the reverse so that we can return the card to you, ™ Attach this card to the back of the maliplece, or On the front if space permits, 1, Article Addressed to: £ C7 = D, Is delivery address different rom'ttem 12 C1 IFYES, enter delivery addrass below: Or tp Rattler Zone Daycare 1102'S. Adams Street i| Suite 8,9 ; | Tallahassee, Florida 32301. M. Mo . . Attlole Niimbio | | (Transfer from service fep 3. epee Type Certified Mall CI Sxpreas Mall ~ E1- Registered: - Return: Recalpt for Merchandise” Cl insured Mall . 0 c.0.0, i fa,

Docket for Case No: 15-005052