STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Fullerton Childcare & Education Services LLC Certified Mail: 7012 3050 0002 0677 3000 dib/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 19, 2016 DCF Licensing Counselor, Pamela Ross, determined that: All owners or operators responsible for the daily operation of the program must have a Director Credential. This standard is not currently being met due to the fact that the facility has no Director. 4. The foregoing facts violate Florida Administrative Code 65C-22.003(7)(a)(1} which states: Staff Credential Requirement. Pursuant to Section 402.305(3), F.S. a licensed child care facility must have a minimum of one credentialed staff member for every 20 children. A credentialed staff member is defined as a child care professional who has been issued a Staff Credential Verification documented on the individual's 4 Training Transcript. Florida law requires that VPK instructional personnel possess an appropriate credential. If the department identifies that a designated VPK teacher does not have an active credential, the department will notify the local Early Learning Coalition or its designated representative. 5. The violation described above is a Class Il violation of child care licensing standards. It is the facility's second (2"*) Class II violation of Child Care Facility Standards Classifications Summary #43 Credentialed Staff within a two-year period. The same violation was previously cited on August 20, 2014 at which time they received technical support and an adrninistrative 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, pigase’ si 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. IGHT TO AD VE 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 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 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 white paper, and include all of the following items: 3 Jones, Faginal . From: Tucker, David Sent: Thursday, June 16, 2016 5:01 PM To: Sexton, Paul; Jones, Faginal Ce: Ramoutar, Mala; Sanders, Anna Subject: FW: ADMINISTRATIVE COMPLAINT - Ratio request for hearing (1 of 2) Attachments: ADMINISTRATIVE COMPLAINT - Ratio.pdf fyi David G. Tucker, B.C.S.* Regional Counsel, Northeast Region Florida Department of Children and Families 5920 Arlington Expressway Jacksonville, FL 32211 (904)485-9432 (direct) David.Tucker@myfifamilies.com *Florida Bar Board Certified in State and Federal Government and Administrative Practice This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, please notify the sender, delete this message, and do not use, disseminate, or copy its contents. Thank you. From: fullerton childcare (via Google Docs) [mailto:fullertonchildcare.education@gmail.com] Sent: Thursday, June 16, 2016 4:56 PM To: Tucker, David ; Cc: Wass de Czege, Samantha J Subject: ADMINISTRATIVE COMPLAINT - Ratio fullerton childcare has attached the following document: ADMINISTRATIVE COMPLAINT - Ratio | response TO ADMINISTRATIVE COMPLAINT Respondent: Fullerton Childcare & Education Services, LLC Date of response: 6/16/2016 A) Simonetite Swain 3304 Lenox Ave Jacksonville, FL 32254 904-701-4250 Fullertonchildcare.education @ gmail.com B) Attorney TBA C) Fullerton Childcare & Education Services, LLC is formally requesting a formal administrative hearing. D) | emphatically deny the claim that our facility was ever out of ratio on 5/11/2016 - there was no ratio violation. According to DCF counselor, Walt Giannonne, there was no investigation to done as he was instructed by his superiors that any complaint made by ELC of Duval staff, should be taken as truth and fact - the same as if a DCF counselor had witnessed the alleged violation. Based on my limited knowledge and understanding, the ELC of Duval and the Department of Children & Families are separate agencies. I’m aware that Pam Buckham, serves as a member of the Board of Directors of ELC of Duval, and this affiliation seems to be conflict of interest. Firstly, the representatives who visited my center failed to follow the protocols and procedures that were set forth by their own organization - they provided no documentation to me regarding any observations (negative or positive). All prior visits, I, the provider was given documentation of any issues of concern - in this instance none was provided. Is it because these individuals were aware of the prevailing status quo that any statements that were provided to DCF would automatically be validated - whether true or untrue? The DCF counselor, Walt Giannone visited my facility twice and could not duplicate the statements of the ELC personnel. Therefore, the only veracity was - that their word was taken as truth whether or not it was true. This is not how our nation operates, no one person’s word is deemed valid over that of another person just because of their organizational association. Therefore, DCF cannot operate outside of the perimeters of law and justice. The fact is that Ms. Buckham nor anyone can make these assumptions as it creates rampant abuse of power as well as open the door for discrimination and bigotry. DCF could not verify, substantiate and/or duplicate these claims and relied solely on the statements of two individuals who reported the offenses more than 24 hours later. The statements were taken on 5/16/2016 as it seemed that the initial complaint was not detailed enough. This is not the procedure and protocol that DCF as an agency had adhered to. E) NO FILE NUMBER SHOWN in complaint. Certified mail number is: 7012 3050 0002 0677 3876 Google Docs: Create and edit documents online. (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 all facts in the administrative complaint with which you disagree. If you do not disagree with any of the facts stated in the administrative compiaint, 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 foregoing has been furnished by certified mail return receipt no, 7012 3050 0002 0677 3890 to Fullerton Childcare & Education Services LLC d/b/a "ag rion Childcare and Education Services LLC, 3304 Lenox Ave, Jacksonville, FL 32254 this y of May 2016. lA Pamela Buc a)

Docket for Case No: 16-003849

Issue Date	Proceedings
Apr. 03, 2017	Transcript of Proceedings (not available for viewing) filed.
Dec. 08, 2016	Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 07, 2016	Respondent's Request for Withdrawal/Dismissal filed.
Dec. 02, 2016	Petitioner's Notice of Filing Witness List and Proposed Exhbits filed.
Oct. 27, 2016	Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 8, 2016; 9:30 a.m.; Jacksonville and Tallahassee, FL; amended as to ).
Oct. 25, 2016	Motion to Continue Final Hearing filed.
Oct. 24, 2016	Notice of No Objection to Continuance filed.
Oct. 21, 2016	(Respondent) Request for Continuance filed.
Aug. 30, 2016	Order Re-scheduling Hearing by Video Teleconference (hearing set for October 28, 2016; 9:30 a.m.; Jacksonville, FL).
Aug. 26, 2016	Petitioners Motion to Continue Final Hearing and For Case Management Conference filed.
Jul. 19, 2016	Order of Pre-hearing Instructions.
Jul. 19, 2016	Notice of Hearing by Video Teleconference (hearing set for September 13, 2016; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Jul. 18, 2016	Respondent's Unilateral Response to Initial Order filed.
Jul. 13, 2016	Petitioner's Unilateral Response to Initial Order filed.
Jul. 08, 2016	Initial Order.
Jul. 07, 2016	Administrative Complaint filed.
Jul. 07, 2016	Response to Administrative Complaint filed.
Jul. 07, 2016	Notice (of Agency referral) filed.