a a iene 11/637 2886 13:08 941-338-1287 CPL PAGE 66 t ? _ 4 { os haw a) STATE OF FLORIDA sR daw & DEPARTMENT OF CHILDREN AND FAMI IES ih AM (0: 39 Qik IN THE MATTER OF: ADMINISTRATIVE HEARINGS A Civil Penalty Against Tutor Time Child Care Learning Center a Tutor Time learning Systems, inc. COLLIER COUNTY OOGTT ADMINISTRATIVE COMPLAINT Nature of the Case 1. This case arises from the child care facility's failure to comply with Florida Statutes, Section 435.05 (1)(c) with respect to background screening, Chapter 65C- 22.004 (1a), with respect to TB tests, and 65C-22.002 (8)(b)(2) Florida Administrative Code, with respect to sanitary diapering. _ _. 2. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Chapter 402.310, Florida Statutes. 3, The 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 July 12, 1999, Amy Harmon, identifying herself as the director of Tutor Time Child Care Learning Center, made application to the Department to operate a child care facility known as Tutor Time Child Care Learning Center at 1275 Airport . Road South, Naples, Florida, 34104. On July 30, 1999, the Department issued a provisional license, certificate #086434, effective July 31, 1999 to January 31, 2000, A Subsequent second provisional license was issued effective January 31, 2000 to July 31, 2000. On August 16, 2000, the Department denied the facility's application for relicansure. On September 5, 2000, the Department received a timely request for hearing. Pursuant to section 120.60 (4) Florida Statutes, the facility continues to operate as a licensed facility subject fo the requirements of Chapter 402 and 435 Florida Statutes and Rule 65C-22 Florida Administrative Code. 5. On August 23, 2000, an agent from the Department conducted a routine inspection of the facility. {tis documented that Jennifer Owens was hired August 21, 2000; Julie Ramos was hired August 23, 2000; Erica Angell was hired August 14, 2000; Kim Pagan was hired August 14, 2000; and Yesenia Hernandez was hired August 17, 2000. On September 13, 2000 a routine inspection was conductéd. It was noted that Judy Bolinger was hired August 28, 2000. Ms. Ramos, Ms. Angell, Ms. Pagan and Ms. Bolinger did not have notarized affidavits of Good Moral Character on file on site as required. Ms. Pagan and Ms. Bolinger did not have a signed abuse statement on file onsite. These forms are due on file prior to starting work. Local law clearances for Ms. Ramos, Ms. Angell, Ms. Pagan and Ms. Hernandez were not conducted until September 7, 2000. The local law clearances are due on file on site within five days from employment date. Ms. Angall's fingerprints were submitted to FOLE on EE aa reer ara einen. 11/6372868 13:08 941-338-1287 cPL PAGE 47 September 1, 2000, four days past the required time frame. An employee, Tammy Alfonso, hired December 8, 1999, did not have the FDLE or FBI clearance on file. Fingerprints were submitted on September 1, 2000 for Ms. Alfonso, as documented on form 51314 on file, 177 days past the required time frame. 6. The department has previously issued an administrative warning with respect to background screening on October 13, 1999. On January 24, 2000 an administrative » fine was imposed for background screening violations. On August 16, 2000, the Department imposed a denial of licensure. 7. The acts and practices described in paragraph 5 are violations of Section 435.05 (1)(c) and Section 402. 305 (2) (a), Florida Statutes, and Rule 65C-22.006 (5)(e), Florida Administrative Code. !n this matter, the Department imposes a fine of $50 for each of the Good Moral Character affidavits and abuse statements for a fine of $300; and $25 per employee per day of noncompliance with regard to the local law clearances for a fine of $950; and $25 per day of noncompliance with regard to Ms. . Alfonso's fingerprint submission for a fine of $4525. 8. TB tests were not completed within the 10 day time frame for Ms. Owens, Ms. Ramos, Ms. Angell, Ms. Pagan and Ms. Hernandez. TB test results are due on file on site within ten days from date of employment. Ms. Owens’ last day of employment was September 12, 2000. It was noted that TB test results were completed for Ms. Ramos and Ms. Angell on September 13, 2000. As of September 27, 2000, TB test results were not completed and on file for Ms. Pagan and Ms. Hernandez. 9. The Department issued an administrative warning with respect to TB tests on October 13, 1999 and November 16, 1999. On January 24, 2000, an administrative fine was imposed for TB test violations. On August 16, 2000, a denial of licensure was imposed. 140. The acts and practices described in paragraph 8 are violations of Rule 65C- 22.004 (1) (a), Florida Administrative Code. In this matter, the Department is hereby imposing a fine of $25 per employee per day of noncompliance, for a fine of $1425, 11. On August 23, 2000, a diaper changing pad which was torn and could not be maintained in sanitary condition, was present on the changing counter in the “Twoddler” room. On September 1 and September 7, 2000, this pad was still present on the same changing counter. 12. The Department issued an administrative warning with respect to diapering on January 12, 1999. . 43. The acts and practices described in paragraph 11 are violations of Rule 65C-22.002 (8)(b)(2), Florida Administrative Code. In this matter, the Department is hereby imposing a fine of $50. TOTAL ADMINISTRATIVE FINE: $7250 11/83/2088 13:68 941-338-1287 CPL PAGE NOTIFICATION OF RIGHTS 14. 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 judge - 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. {f there are none, the petition must so indicate, (5) A concise statement of the ultimate facts alleged, as well as the tules and statutes which entitle the petitioner to relief, and (6) A demand for retief. {b) Except for good cause: SSS Factual matters alleged in this complaint and not denied in the equest 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 Department. (d) Evidence shall not be taken on any issue not raised in the administrative complaint and the Request for Hearing. (@) If the Petitioners desire to request a hearing, they must forward their request to: 88 11/03/2088 13:68 941-338-1287 CPL PAGE 89 Department of Children and Families Cross Program Licensing Post Office Box 60085 Fort Myers, Florida 33906 Attention: Nancy Starr 15. 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 Model Rules of Procedure, Florida Administrative Code, Chapter 28. 46. The Petitioners are given full notice of this agency action. Unless a request for a hearing is received by the Department within twenty one (21) days after receipt of this complaint, the petitioner 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, See Child Care Licensing ean US Eugenie Rehak FRi# 255084 District Legal Counse! P.O. Box 60085 Fort Myers, Florida 33906 ae 11/83/2886 13:88 941-338-1287 CPL PAGE 18 Certificate of Service | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Regular US Mail and Certified Mail, Return Receipt Requested, Certificate #Z 051 121 543, this 7" day of October, 2000 to: Ira Young, Registered Agent. ° Tutor Time Learning Systems, Inc., 621 NW 53" Street, #450, Boca Raton, Florida, ‘ _ 33487. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Meng alk, LVI Mary Allyn Moore ; . Child Care Licensing P.O. Box 60085 Fort Myers, Florida 33906

Docket for Case No: 00-004677