DEPART Rick Scott oo < %, Governor 3 B® > state of Florida lke : : . pe ike Carroll ay & Department of Children and Families Secretary ° % $ , Coy ric) é MYFLEAMILIES.COM William S. D'Aluto December 7, 2015 Regional Managing Director STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail No.:'7003 3llI0 OOO» AQ3G 6834 To: L&JHands That Care Learning Center ATTN: Marketa Harris 1021 NW 10* Street Ocala, FL 34475 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is proposing to fine your child care facility $100.00 and REVOKE your license. The Department's authority and grounds ta impose this sanction are explained below. 41. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction L & J Hands That Care Leaming Center for violations of child care licensing standards in sections 402.301 -— 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. L & J Hands That Care Learning Center is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility located at 1021 NW 10 Street, Ocala, Florida 34475, The facility license is currently an ANNUAL LICENSE. : 3, On November 18, 2015, the facility was cited for insufficient ratios; in that, one staff was supervising 8 infants; one staff was supervising 15 children (including three 1 year olds); and insufficient supervision for five school age children who had no direct staff supervision. This represents the fifth Class 2 violation of 65C-22.001(4) within a two year period. 4, The foregoing facts violate Rule 65C-22-.001(4), Florida Administrative Code (FAC) which states, in relevant part, as follows: a. The staff-to-child ratio, as established in Section 402.305(4), F.S. is based on primary responsibility for the direct supervision of children Circuit 5 @ 4300 Duncan Drive, Building D @ Tavares, Florida 32778 Mission: Protect the Vulnerable, Promate Strong and Economically Self-Sufficient Families, and Advance Personai and Family Recovery and Resiliency a , L & J Hands That Care Learning Center Administrative Complaint Page !2 and applies at all times while children are in care. b. Mixed Age Groups 1. In groups of mixed age ranges, where children under one (1) year of age are included, one (1) staff member shall be responsible for no more than four (4) children of any age group, at all times. 2. In groups of mixed age ranges, where children one (1) year of age but under two (2) years of age are included, one (1) staff member shall be responsible for no more than six (6) children of any age group, at all times. 5. The violation described above is a Class II violation of child care licensing standards. This violation represents the fifth violation of the same Class II licensing standard within a two (2) year period. Your facility previously violated this standard on the following dates, which resulted in disciplinary actions as outlined: a. March 4, 2014: An Administrative Complaint was issued on August 12, 2014 resulting in a $50.00 fine for this violation (see attached Exhibit “A’) No objection was made to this Administrative Complaint, the fine was paid (see attached Exhibit B), and therefore this violation is final agency action. b. March 25, 2014: In the same Administrative Complaint issued on August 12, 2014 a $60.00 fine was imposed for this violation (see attached Exhibit “A’) No objection was made to this Administrative Complaint, the fine was paid (see attached Exhibit B), and therefore this violation is final agency action. c. March 3, 2015: An Administrative Complaint was issued on March 9, 2015 resulting in a $75.00 fine and a Probationary period of your license from 3/10/2015 — 5/9/2015 was imposed for this violation (see attached Exhibit “C’) No objection was made to this Administrative Complaint, the fine was paid, your license placed on probationary status as set forth herein (see attached Exhibit "D” and “E"), and therefore this violation is final agency action. d. July 1, 2015: An Administrative Complaint was issued on July 9, 2015 resulting in a $100 fine for this violation (see attached Exhibit “F”) and a suspension of your license from July 18, 2015 through August 17, 2015. No objection was made to this Administrative Complaint, the fine was paid (see attached Exhibit “G"), the suspension imposed and therefore this violation is final agency action. 6. Pursuant to Rule 65C-22.010(e)(2)e, F.A.C., the Department is required to fine your facility $100.00 and either suspend or revoke your license. The Department is seeking, in addition to the fine, a revocation of your license. ° ° L & J Hands That Care Learning Center Administrative Complaint Page |3 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, Chiid Care Regulation Office, 1100 SW 38'" Avenue, Ocala, FL 34474. 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 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 address: Joyce L. Miller, Esquire Assistant Regional Counsel, Circuit § Department of Children & Families 1300 Duncan Drive, Building D Tavares, Florida 32778 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; (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; ba e L & J Hands That Care Learning Center Administrative Complaint Page j4 (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 certified mail return receipt to Marketa Harris, L & J’s Hands That Care Learning Center, 1021 NW 10" Street, Ocala, FL 34475, and by regular mail to Marsha Carpenter, Department of Children & Families, 1100 SW 38'" Avenue, Ocala, FL 34474, this day of December, 2015. ~~ . —o Assistarft Regional Counsel, Circuit 5 Department of Children and Families 4300 Duncan Drive, Building D Tavares, FL 32778 (352)-330-5513 Fax (352) 742-6047 Joyce. Miller@myflfamilies.com

Docket for Case No: 16-000671