; i i | | | | | | STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Fullerton Childcare & Education Services LLC Certified Mail: 7012 3050 0002 0677 3876 d/b/a Fullerton Childcare and Education Services LLC Return Receipt Requested 3304 Lenox Ave Jacksonville, FL 32254 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Fifty Dollars ($50.00). 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 Fullerton Childcare & Education Services LLC d/b/a Fullerton Childcare and Education Services LLC for violations of child care licensing standards in sections 402.301 ~ 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Fullerton Childcare & Education Services LLC is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Fullerton Childcare and Education Services LLC License #C04DU1004 located at 3304 Lenox Ave, Jacksonville, FL. 32254. The facility's license is currently a REGULAR License. 3. During a Complaint Investigation on May 13, 2016 DCF Licensing Counselor, Walt Giannone, determined that: There were three (3) staff members S.S., Q.W., and K.W. supervising a mixed group of fifteen (15) children observed. On May 11, 2016, at lunch time two (2) Early Learning Coalition representatives K.D. and M.B. observed a mixed group of fifteen (15) children including one (1) infant being supervised by three (3) staff members S.S., Q.W., and K.W in the room. Counselor advised that per F.A.C. 65C- 22.001(4)(b), if an infant is included in a mixed age group, one staff member shall be responsible for no more than four (4) children of any group, at all times. 4. The foregoing facts violate Florida Administrative Code 65C-22.001(4)(a)(b)(1) which states: 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, 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 year of age are included, one staff member shall be responsible for ne more than four children of any age group, at all times. 5. The violation described above is a Class Il violation of child care licensing standards. It is the facility's second (24) Class Il violation of Child Care Facility Standards Classifications Summary #4 Ratio Sufficient within a two-year period. The same violation was previously cited on August 14, 2015 at which time they received technical support and an administrative warning notification. The fine imposed for this violation is Fifty Dollars ($50.00). if you do not wish to contest the findings of this administrative complaint, please Submita cashier's che 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” i i i i i { | { { i 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 addresses: David Tucker Chief Legal Counsel Department of Children & Families P. O. Box 2417 Jacksonville, FL. 32231-0083 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING [S 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- 406.2015(5), Florida Administrative Code, must be prepared legibly on 8% by 11 inch white paper, and include all of the fallowing items: 3 (a) Your name, address, email address (if any) and telephone number. (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 hearing. (d) A statement of ail 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 statement 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 forms 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 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. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregeing has been furnished by certified mail return receipt no. 7012 3050 0002 0677 3876 to Fullerton Childcare & Education Services LLC dib/a Fullerton Childcare and Education Services LLC, 3304 Lenox Ave, Jacksonville, FL 32254 this 3 y lay of May 2016. Safety Program Manager

Docket for Case No: 16-003707