setae ne NB < pastes a7 CERTIFIED PILED QOJUN 27 AM: Z. 536 613 306 ADCISION OF __ STATE OF FLORIDA CERISTRaT VE DEPARTMENT OF CHILDREN & FAMILIES “AGS Department of Children and Families, 00-26 [3 Petitioner vs., F l L E, D JY Esperanza Gallego Dor N 2 2 2000 Epa Respondent. rtinent Cler, ADMINISTRATIVE COMPLAINT This is an administrative complaint by the Department of Children and Families, hereinafter referred to as the Department, against Esperanza Gallego for revocation of Family Day Care Home license. Esperanza Gallego is a Licensed Family Day Care Home, licensed by the Department on provisional license number 07F775L, issued on November 4, 2000, for operation at 8630 Drayton Court, Orlando, 32825 The Department revokes the license of the Family day Care Home. This license is revoked for the violations of F.S.402.301 et. Seq. And the Florida Administrative Code 65C-20, formerly known as more particularly set forth in paragraph 4 through 8 of this complaint. : | i 4. A provisional license was issued on 11/4/99 to the Esperanza Gallego family day care home for failure to comply with the minimum requirements for licensure during the previous licensing year and at the time of relicensing. The provisional license was issued to allow the operator to achieve and maintain continued compliance with the minimum : licensing standards. od 5. Specifically, the operator had failed to comply with the following: a. Direct supervision requirements i ; b. Toxic or hazardous materials accessible to children c. First-aid kit not complete d. Children’s records were incomplete e. Family day care home over capacity f. Smoking declaration form g. Posted emergency numbers and directions 6. The operator had a prior history of failure to comply with the minimum requirements for licensure, including, but not limited to, direct supervision requirements. 7. During the provisional license, the operator failed to comply with the direct supervision requirements. ‘Specifically, on or about March 10, 2000, during this provisional licensing period, the operator left two children under the age of two unattended in a van in a public parking lot while she distributed business cards in the surrounding stores. The police and fire departments were called by witnesses that observed the children to have been left alone for a minimum of fifteen (15) minutes. 8. Accordingly, the license is revoked. You are hereby notified that you have the right to request an Administrative Hearing on the issue of this revocation, pursuant to Section 120.57. Florida Statutes. You also have the right to be represented by counsel, to take testimony, to call and cross-examine witnesses and to have subpoenas or subpoenas or subpoenas duces tecum issued on your behalf. _ Rule 28-6.009(2) Florida Administrative Code. (1) Your request for Administrative Hearing, if desired, must be in writing Pursuant to Section 402.310(2) and must comply with the requirements of Rule 10-2.036 and 28.6009(3) Florida Administrative Code. (b) If you dispute the imposition of this revocation and wish to have an Administrative Hearing, your request for hearing must be sent to: Robert R. Morin, Jr., District 7 Administrator Hurston South Tower, S-1129 400 West Robinson Street Orlando, Florida 32801-1782 (c) Failure to request a hearing in writing within (30) days shall be deemed a waiver of any right to a hearing under Section 120.57 and the revocation will become final, Section 402.310(2), Florida Statutes Section 10-2.036, Florida Administrative Code. WeennceRenmactine cee: sores eeanatare se ett Nha a Bland: ce U ae, 5. The statutes and rules cited by the Department do not support the sanctions requested. The statutes cited are ss. 402.301, 120.57, 402.310(2), rule chapter 65C-20, and rules 10-2.036 and 28.6009(3), F.A.C. WHEREFORE, referral to the Division of Administrative Hearings is requested for a hearing on the merits of this case, and the rendition of a Recommended Final. Order in Ms. Gallego’s favor. | certify that a copy of this Answer and Request for Hearing was served on Robert R. Morin, Jr., District 7 Administrator, Hurston South Tower, S-1129, 400 West Robinson Street, Orlando, FL 32801-1782, by hand delivery to such place of business, and by certified mail, postage and fees Prepaid, to the same person, this 4 day of June, 2000. . Fransen, Esq. The Center For Professional Legal Services A Full Service, Private Law Firm 5405 Diplomat Circle, Ste. 201 Orlando, FL 32810 407/647-7887 Fax: 407/647-5396

Docket for Case No: 00-002613