bed w) 4 ra STATE OF FLORIDA vd DEPARTMENT OF CHILDREN & FAMILIES UO WAY 22 AM IO: qu IN THE MATTER OF A Civil Penalty Against Certified Mail P-153- Ags Ah, PR WE Tina's Little Angels Day Care #3 Return Receipt Re ARIRGS 8853 Lem Turner Road FILED : Jacksonville, Fl. 32208 Qo-all0 MAY 17 2000 ADMINISTRATIVE COMPLAINT DCF Department Clerk YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Two Hundred Fifty Dollars ($250.00). As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children & Families, State of Florida, has jurisdiction over Respondent by virtues of the provisions of Chapter 402.301 - 402.319, Florida Statutes (FS). 2. The Respondent, Tina's Little Angels #3, is licensed to operate Tina's Little Angels #3 as a Child Care Facility in compliance with Florida Statutes, Chapter 402, and Florida Administrative Code (FAC), Chapter 65C-22. 3. The Respondent committed a violation, FAC Chapter 65C-22.001(5)(a), in that: It was confirmed that lack of supervision for approximately 30 to 40 minutes occurred in your child care facility in that two school age children engaged in sexual intercourse. The incident occurred in December 1999. 4. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to Chapter 402, Florida Statutes, in that the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 5. Payment of this fine can be made directly to the Department of Children and Families. The mailing address is: P.O. Box 2417, Jacksonville, Fl. 32231, Attention: Child Day Care Licensure. be ov) NOTIFICATION OF RIGHTS 1. You, as Petitioner, have a right to request an administrative hearing to be represented by counsel or other qualified representative, give parties or their counsel an opportunity, at a convenient time and place, to present the agency or hearing officer written or oral evidence in Opposition to the action of the agency or to its refusal to act, or written statement challenging the grounds upon which the agency has chosen to justify its action or inaction. a. Any hearing request or answer to this administrative complaint shall be made in writing and the response should include the following: (1) The name and address of each agency affected and each agency’s file or identification number, if known, (2) | 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 and an explanation of how the petitioner’s substantial interest will be affected by the agency determination, (3) | Astatement of when and how the petitioner received notice of the agency decision, (4) A statement of all disputed issues of material fact. If there are none, the petitioner must so indicate, (5) | Aconcise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief, and (6) A demand for relief. b. Except for good cause: (1) Factual matters alleged in this complaint and not denied in the Request for Hearing shall be presumed admitted. : (2) Failure to raise a particular defense in the Request for Hearing will be considered a waiver of such defense. Any new matter raised in the Request for Hearing shall be presumed to be denied by the Department. d. Evidence shall not be taken on any issue not raised in the administrative complaint and the Request for Hearing. be ov) e. If the Petitioners desire to request a hearing, they must forward their request to: Janet McMahan, Supervisor Gregory D. Venz, Agency Clerk Department of Children & Families | Department of Children & Families Child Day Care Licensure Office of the General Counsel PO Box 2417 1323 Winewood Blvd., Bldg 1, Suite 407 Jacksonville, FL 32231-0083 Tallahassee, FL 32301 2. This administrative complaint is issued pursuant to ss. 120.569 and 120.57, Florida Statutes. Any proceeding concerning this complaint shall be conducted pursuant to the Department of Children and Families Rules and Practice Procedure. Florida Administrative Code, Chapter 10-2, et seq. and the Model Rules of Procedure, Florida Administrative Code, Chapter 28. 3. The Petitioners are given full notice to this agency action. Unless a request for a hearing is received by the Department within thirty (30) days after receipt of this complaint, the respondent has waived his right to contest this action and this administrative complaint becomes final order of the Department. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Nancy SB Cons Corley Se Program Administrator \ i i | i i i t i I CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by USS. Certified Mail, Return Receipt Requested, in accordance with ss 120.60(3), Florida Statutes, this \ day of April, 2000. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Nancy D>Corley Sun Program Administrator | i t I t

Docket for Case No: 00-002110