. wy) 7) STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES 3D bIVision IN THE MATTER OF: F iLED | Aor oA ye A Civil Penalty Against MAY 0 5 2000 IE ARINGS Cheers Early Learning Center IIL Richard and Robyn Cartuyvelles 1erk DCF Department C LEE COUNTY ee Q0- a4Ab ADMINISTRATIVE COMPLAINT Nature of the Case . This case arises from the Petitioner failure to comply with Section 402.305, Florida Statutes and Rule 65C-22, Horie Administrative Code, as it relates to Supervision. © 2. This is an administrative ‘action for imposition of civil penalties per known incident of occurrence as authorized in Chapter 402, Florida Statutes. 3. Petitioner, State of Florida, Department of Children and Families is the administrative agency of the State of Florida charged with the duty to enforce and administer the provisions of Chapter 402 Florida Statutes. . 4, On January 27, 2000 the department received a complaint. It alleged that on January 27, 2000 due to . lack of proper supervision, three boys wandered off the day care Property. 5. The complaint w was s investigated bya agents of the department on January 28, 2000. The investigation disclosed that on J January 27, 2000 the back gate on the east ‘side of the property was left unlatched. The three boys left the property through the open gate. When the caregivers lined the children up in the playground for head count prior to coming inside, it was discovered that the boys were missing. The caregivers immediately notified supervision and an immediate search ensued. One boy was found in the lot just outside the gate. The other two boys were found in Bennigans. Parents were properly notified by the facility and incident reports were filed. Also the children sustained no > injuries or physical ! harm. Admpinistrative Code which requires direct supervision at all times. In this matter, the Department i is imposing a finé-of $500.00 for non-compliance. EF Cie a) NOTIFICATION OF RIGHTS 7. You, as petitioner, have a riglit 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) A statement 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 petition must so indicate, (5) A concise 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. . (c) Any new matter raised in the Request for Hearing shall be presumed to be denied by the a Department. : (d) Evidence shall not be taken on any issue not raised in the administrative complaint and the Request for Hearing. (e) If the Respondent desires to request a hearing, they must forward their request to: _Department of Children and Families Cross Program Licensing Post Office Box 60085 Fort Myers, Florida 33906 . Attention: Nancy L. Starr 8. This administrative complaint is issued pursuant to Section 120. 569 and 120. 57 Florida Statutes. Any "proceeding concerning this complaint shall be conducted pursuant to The Department of Children and Families Rules of Practice and Procedure. Florida Administrative Code, Chapter 10-2, et. seq., and the Model Rules of Procedure, Florida Administrative Code, Chapter 28. : 9. The Petitioners are given ‘full notice of this agency action. Unless a a request st for a hearing is received by the Department within thirty (30) days after receipt of this complaint, the Respondent has waived the right to contest this action and this administrative complaint becomes final order of the Department. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Sarah Jarabek, SuperWisor po : . Cross Program Licensing Supervisor Eugenie Rehak, Bar #255084 District Legal Counsel P. O. Box 60085 Fort Myers, F1 33906 Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing has pegn furnished by Certified Mail, Return Receipt Requested, Certificate #_Z 177 070 553 , this 77" TH day of February, 2000 to: Richard and Robyn Cartuyvelles, Owners, Cheers Early Learning Center II, 12800 Kenwood Lane, Fort Myers. Florida 33907 - ~ “SPATE OF FLORIDA, oo DEPARTMENT OF CHILDREN AND FAMILIES - Sarah Jarabek Cross Program Licensing P.O. Box 60085 -so-Fort Myers, Florida 33906 (941) 338-1327

Docket for Case No: 00-002226