STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALPHONZO BROWN t/a )

PAM'S SMALL WORLD, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1767

)

LEON COUNTY BOARD OF )

COUNTY COMMISSIONERS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in the above styled cause on October 4, 1976, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Alphonzo Brown, Proprietor

Pam's Small World 1518 Hernando Drive

Tallahassee, Florida 32304

For Respondent: Edwin A. Green, Esquire

Assistant County Attorney Post Office Box 938 Tallahassee, Florida 32302

By letter dated September 1, 1976, the Leon County Board of County Commissioners, (Commissioners) Petitioner herein, seeks to revoke the operating permit for Pam's Small World at the above address. As grounds therefor, it is alleged that the proprietor, Alphonzo Brown, failed to adequately maintain a sufficient number of staff personnel at the center as evidenced on numerous inspections. Said notification advised Brown that although he had been afforded legal notice to correct said deficiencies on April 7, 1976, continued compliance has not been evidenced. By these acts, it is alleged that Respondent violated Chapter 61-2420, House Bill No. 1029 (Laws of Florida). One witness was called by Petitioner, Respondent testified on behalf of himself and one exhibit was admitted into evidence.

FINDINGS OF FACT

1. Alphonzo Brown, licensee for Pam's Small World, has operated a child care facility in Leon County for a period commencing sometime in May, 1974. The facility which is located at 1518 Hernando Drive, Tallahassee, Florida, is licensed to provide care for a total of 45 children. During September, 1974, Mrs. Jewell A. Kross, a registered sanitarian for the Leon County Health Department for approximately three years, testified that she received complaints

   about Pam's Small World in July of 1974. Pam's Small World was issued its permit to operate in May of 1974. After receiving complaints in July, 1974, Kross made inspections of the center and learned that the facility was left in the care of two 10 and 12 year olds, who, according to her testimony, were Brown's daughters. At that time, she observed four sleeping children at the center. Brown was advised that the center should be staffed by at least one adult at all times. Thereafter in April, 1975, Kross received other complaints and in September, 1975, she visited the center and it was then staffed by two adults. The center then had approximately 30 children in attendance whose ages could not be determined by Kross. She advised Brown that the center should be staffed by at least two and most probably three adults. Kross continuously received complaints and in January, 1976, she again visited the center and determined that there were approximately 25 to 26 children at the center. The age range was nine children under two years old and the remainder under six years of age. Again there were two minors who made up the staffing complement at the center. Kross made another inspection in March, 1976, and at that time the staffing problem was corrected. During the following month, April 1976, she received other complaints and visited the center on April 4, 1976 for an inspection. At that time there were approximately 30 to 35 children at the center and it was being staffed by two employees until the early afternoon hours. At that time there were five children under two years old and the remainder under six years old. Kross again visited the center to conduct an inspection on April 14, 1976, and the staffing problem still existed. The following day she visited the center and again the problem remained unsolved.

   During the interim, on April 7, 1976, legal notice had been sent to Brown, the licensee, advising him that the center was not employing a sufficient number of competent staff members to operate and maintain the center adequately and to provide adequate supervision for the children. See County's Exhibit #1, received into evidence and made part hereof by reference. Kross visited the center on April 29, and advised licensee Brown that she, based on her inspection, determined that three employees were needed inasmuch as there were

   27 children at the center. Brown acknowledged that the problem existed and agreed to correct it. Kross made another inspection of the center on August 31, and noted that there were 15 students at the center. At that time Brown was not present. There was one staff person present and there were four children at the center under the age of two. Kross awaited Brown's return to the center whereupon he was advised of the staffing problem. Again he acknowledged its existence and agreed to correct it.

   
   

2. Brown testified that he found it extremely difficult to employ competent staff personnel. He testified that prior to hiring an employee, he screens their background to determine whether or not in his opinion, they would be the kind of person that he would want to leave with children in the center. He conceded that the staffing problem existed on the various dates to which Kross testified, however he indicated that the problem had been remedied and that he had hired a stable employee who, in his opinion, would continue to work and that therefore there would be no more problems. He testified that there was no attempt on his part to violate any of the code provisions of the Leon County Health Department and that to the contrary, he at all times strived to maintain a clean facility and to adequately staff it. He again reiterated that it was difficult to employ competent personnel based on the inflationary trends of operating a child care facility with the revenues that he was able to obtain from his operation of the center.

   
   

3. Chapter 61-2420, House Bill No. 1029, Laws of Florida, is an Act which regulates the operation of child care centers in Leon County, Florida. It prescribes certain requirements and standards to be observed in the facilities

   and the operation of such centers. In setting out the personnel requirements for operation of a center, it is noted that in 4(1) of Chapter 61-2420, House Bill No. 1029, that one staff member shall not be responsible for more than four children under the age of two years; (2) One staff member shall not be responsible for more than ten children two and three years of age and (3) One staff member shall not be responsible for more than 20 children between four years and four years and nine months of age.

   
   

4. Section 10 of the above-referenced Chapter provides that the County Health officer may revoke a permit to operate when in his opinion, violations of regulations or failure to furnish standards of care warrant such action. A notice of violation shall be given the operator and a reasonable time limit for corrections of the alleged violation shall be set forth in the notice.

   
   

5. Based on the above facts, it is clear that Brown has failed to abide by the regulations which sets the standards for child care centers and I so find. The record is also clear that there were times when he complied with the staffing regulations and according to the evidence, this is the only area in which he has encountered problems in his operation of the center. In view of Brown's testimony that the staffing problem has been eliminated and based on his assurance that the staffing problems will not recur, the undersigned is of the opinion that the harsh penalty of revocation is not warranted in this case. I shall therefore recommend that Brown be issued a written reprimand. He should also be reminded that if the staffing problem surfaces again, his permit will be revoked immediately.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has subject matter jurisdiction over this cause and the parties to this action.

   
   

7. The Licensee, by failing to adequately maintain a competent staff at Pam's Small World Day Care Center on numerous dates during April and September of 1975 and during January, March, April and August of 1976, he violated Chapter 61-2420, House Bill No. 1029, Laws of Florida.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby,

RECOMMENDED:

1. That the Licensee, Alphonso Brown be issued a written reprimand based on his conduct as set forth above. It is further recommended that the reprimand shall advise Brown that recurrence of the proscribed conduct at the center will result in an immediate revocation of his permit.

RECOMMENDED this 15th day of October, 1976, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Edwin A. Green, Esquire Assistant County Attorney Post Office Box 938 Tallahassee, Florida 32302

Alphonzo Brown, Proprietor Pam's Small World

1518 Hernando Drive

Tallahassee, Florida 32304

Mr. Jim Chisholm

Assistant County Administrator Board of County Commissioners Leon County Courthouse Tallahassee, Florida 32301

Docket for Case No: 76-001767

Orders for Case No: 76-001767