STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail Return Receipt No. 91 7199 9991 7036 5328 0675 Miami Dade Parks, Recreation and Open Spaces-Live Like Bella 29305 Illinois Road Homestead, FL 33033-2853 C11MD2804 Fl 7199 9991 7036 5328 0675 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is imposing a Civil Penalty in the total amount of $9,535.00. The Department's authority and grounds to impose this sanction are explained below. INTRODUCTION 1. This is an administrative action for imposition of a civil penalty for known incidents of occurrence as authorized in section 402.310, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. 2. Petitioner, The Department, is an administrative agency of the State of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. 3. Respondent, Miami Dade Parks, Recreation and Open Spaces-Live Like Bella (“Provider”), License No. C1 1MD2804, is licensed under Chapter 402, Florida Statutes, and Chapter 65C-22 and 65C-20, Florida Administrative Code, to operate a child care facility known as, Miami Dade Parks, Recreation and Open Spaces - Live Like Bella located at, 29305 Illinois Road, Homestead, FL 33033-2853. The child care facility license is currently an Annual License. VIOLATION | IMPOSITION OF A FINE Standard # 60-01 Background Screening Documents-Documentation of Level 2 Screening Was Missing For Staff Class II Violation 4. During an inspection on May 24, 2016, the Provider was cited for violating Standard # 60- 01 Background Screening Documents-Documentation of Level 2 Screening Was Missing For Staff, a Class I! violation, as the Level 2 Background screening documentation was missing for child care personnel T. Thompson, L. Sanchez and D. Jaimes, and J. Pena. 5. During an inspection on September 22, 2016, the Provider was cited for violating Standard # 60-01 Background Screening Documents-Documentation of Level 2 Screening Was Missing For Staff, a Class I! violation, as the Level 2 Background screening documentation Page 1of 4 10. was missing for child care personnel T. Thompson, L. Sanchez and D. Jaimes, J. Pena, K. Shuman, S. Hernandez and J. Hernandez. During an inspection on October 24, 2016, the Provider was cited for violating Standard # 60-01 Background Screening Documents-Documentation of Level 2 Screening Was Missing For Staff, a Class II violation, as the Level 2 Background screening documentation was missing for child care personnel T. Thompson, L. Sanchez and D. Jaimes, J. Pena, K. Shuman, S. Hernandez and J. Hernandez. During an inspection on November 23, 2016, the Provider was cited for violating Standard # 60-01 Background Screening Documents-Documentation of Level 2 Screening Was Missing For Staff, a Class I! violation, as the Level 2 Background screening documentation was missing for child care personnel T. Thompson, L. Sanchez and D. Jaimes, J. Pena, K. Shuman, S. Hernandez and J. Hernandez. During an inspection on January 13, 2017, the Provider was cited for violating Standard # 60-01 Background Screening Documents-Documentation of Level 2 Screening Was Missing For Staff, a Class II violation, as the Level 2 Background screening documentation was missing for child care personnel T. Thompson, K. Shuman, D. Jaimes, J. Wilkins and J. Pena, and J. Hernandez During an inspection on January 26, 2017, the Provider was cited for violating Standard # 60-01 Background Screening Documents-Documentation of Level 2 Screening Was Missing For Staff, a Class Il violation, as the Level 2 Background screening. documentation was missing for child care personnel T. Thompson, K. Shuman, D. Jaimes, J. Wilkins and J. Pena. During an inspection on January 31, 2017, the Provider was cited for violating Standard # 60-01 Background Screening Documents-Documentation of Level 2 Screening Was Missing For Staff, a Class I violation, as the Level 2 Background screening documentation was missing for child care personnel T. Thompson, K. Shuman, D. Jaimes, J. Wilkins and J. Pena. The Provider has been cited for six violations of Standard # 60-01 Background Screening Documents-Documentation of Level 2 Screening Was Missing For Staff, a Class II violation within two years of the last violation which occurred on January 31, 2017. The Department is therefore imposing a fine in the amount of $50.00 for the second occurrence and a per day fine for the third occurrence of the violation in the amount of $60.00 per day from 10/24/2016-1 1/23/2016 (31 days) for a total of $1,860, for the fourth occurrence of the violation in the amount of $75 per day from 11/24/2016-1/25/2017 (63 days) for a total of $4,725.00, for the fifth occurrence of the violation in the amount of $100 per day from 1/26/2017-1/30/2017 (5 days) for a total of $500.00 and for the sixth occurrence of the violation in the amount of $100 per day from 1/31/2017-2/23/2017 (24 days), for a grand total of $9,535.00 in accordance with § 402.310, 402.305(a), Fla. Stat. and Rules 65C- 22.010, 65C-22.006(4)(d)1(5), Fla. Admin. Code. Page 2 of 4 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, Child Care Regulation Office, 401 NW 24 Ave, Suite N-314, Miami, FL 33128. RIGHT TO ADMINISTRATIVE PROCEEDING SSR SEMEN TRA TIVE 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 “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” PROVIDED BELOW NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES ee LEY, 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 address: Florida Department of Children and Families Office of the General Counsel Southern Region ATTN: Patricia Salman, Esq. 401 N.W. 2nd Avenue, Suite N-1014 Miami, Florida 33128 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. Page 3 of 4 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. (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 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 copy of the foregoing administrative complaint has been provided by U. S. certified mail, return receipt no. 91 7199 9991 5328 0675 to, Miami Dade Parks, Recreation and Open Spaces-Live Like Bella, 29305 Illinois Road, Homestead, FL 33033-2853, this _25" _ day of April, 2017. Suzette Frazier er Regional Program Safety Manager Florida Department of Children and Families Page 4 of 4

Docket for Case No: 17-003847