STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Julie Fernandez d/b/a Certified Mail: 7012 3050 0002 0677 1131 Fernandez-Close Family Day Care Home Return Receipt Requested 77352 Cobblestone Drive Yulee, FL 32097 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of One Thousand Dollars ($1,000.00) and SUSPENSION OF CHILD CARE LICENSE FOR 3 BUSINESS DAYS. The Department's authority and grounds to impose this sanction are explained below: 4. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Julie Fernandez d/b/a Fernandez-Close Family Day Care Home for violations of child care licensing standards in sections 402.301 ~ 402.319, Florida Statutes, and chapter 65C-20, Florida Administrative Code. 2. Julie Fernandez is licensed under chapter 402, Florida Statutes, and chapter 65C-20, Flarida Administrative Code, to operate a family day care home known as Fernandez-Close Family Day Care Home License #F04NA0039 located at 77352 Cobblestone Drive, Yulee, FL 32097. The home's license is currently a REGULAR License. Violation #1 3. During a Complaint Investigation on June 26, 2015 Licensing Counselor Carl Smith determined that: Children were not being adequately supervised in that while on a field trip to the community pool on June 24, 2015, after getting the children out of the pool a child N.F. was able to get back into the pool without the provider’s J.C. knowledge. The provider J.C. was present with the other children on the pool steps. As a result the two (2) year old child N.F. was found unresponsive in the pool and CPR had to be performed on the child. 1 4. The foregaing facts violate Florida Administrative Code 65C-20.009(5}(a) which states: Ai all times, which includes when the children are napping or sleeping, the operator shall remain responsible for the supervision of the children in care and capable of responding to emergencies and the needs of the children. While children are napping or sleeping in bedrooms, the bedroom doors must remain open. During the daytime hours of operation, children shall have adult supervision, which means watching and directing children’s activities, both indoors and outdoors, and responding to each child’s needs. 5. The violation described above is a Class \ viclatian of child care licensing standards. It is the home's second (2) Class II violation of the Family Day Care Home Standards Classification #5 Indoors and Outdoors Supervision within a two-year period. The same violation was previously cited on April 13, 2013 at which time they received technical support and an administrative warning. Due to the severity of the incident this Class II violation is being escalated to a Class | violation. The fine imposed for this violation is Five Hundred Dollars ($500.00). Violation #2 6. During a Complaint Investigation on June 26, 2015 Licensing Counselor Cari Smith determined that: On June 24, 2015, children were taken from the home for a swimming activity and a person with a certified lifeguard certification or equivalent was not present. 7. The foregoing facts violate Florida Administrative Code 65C-20.010 (1)(j) which states: lf a family day care home uses a swimming pool, it shall be maintained by using chlorine or other suitable chemicals. If the family day care home uses a swimming pool that exceeds three feet in depth at the family day care home site, one person who has completed a basic water safety course such as offered by the American Red Cross, YMCA or other organization, must be present when children have access to the swimming area. If the family day care home uses swimming pools not at the family day care home site or takes the children to water areas such as a beach or lake for swimming activities, the family day care home operator must provide one person with a certified lifeguard certificate or equivalent who must be present when children are in the swimming area, unless a certified lifeguard is on duty. 8. The violation described above is a Class | violation of child care licensing standards. It is the home's first (1") Class | violation of the Family Day Care Home Standards Classification #12 Swimming Pool within a two-year period. The fine imposed for this violation is Five Hundred Dollars ($500.00). Violation #3 9. During a Complaint Investigation on June 26, 2015 Licensing Counselor Carl Smith determined that: The owner, operator, employee or substitute, while caring for children, committed an act or omission that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes. A two year old child almost drowned at the community pool where no lifeguard was on duty. 10. The foregoing facts violate Florida Administrative Code 65C-20.010(7)(a) which states: Acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute a violation of the standards in Sections 402.301-.319, F.S. 11. The violation described above is a Class | vialation of child care licensing standards. It is the home's first (1*') Class | violation of the Family Day Care Home Standards Classification #38 Child Abuse or Neglect within a two-year period. There is no fine imposed for this violation as it is being address under licensing standard #5 above. This is the home's third (3) Class 1 violation within a two year period. The Department is seeking to SUSPEND THE CHILD CARE LICENSE FOR 3 BUSINESS DAYS. \f you do not wish to contest the findings of this administrative complaint, please submit a cashier's check or money order made payable to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231. RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, 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 address: David Tucker Chief Legal Counsel Department of Children & Families P. O. Box 2417 Jacksonville, FL. 32231-0083 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 Department'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, and 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 5 white paper, and include all of the following items: (a) Your name, address, email address (if any) and telephone number. (6) The name, address, email address (if any) and telephone number of your attorney or qualified representative, if any. (c) A statement requesting an administrative hearing. (d) 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. (e) A statement of when and how you received the administrative complaint. (f) A staternent identifying the file number of the administrative complaint, if shown on the administrative complaint. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, 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 forrns of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, if agreed to by all parties, and an 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. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no. 7012 3050 0002 0677 1131 to Julie Fernandez d/b/a Fernandez-Close Family Day Care Home, 77352 Cobblestone Drive, Yulee, FL 32097 this

Docket for Case No: 15-005819