JUL G6 2004 1:S0PM HP LASERJET 3200 p-2 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Department of Children and Families DCCO Docket No, 04-12 Region OFS EGE we E = Petitioner ' vs UMN 09 2004 | " suncdast REGIONAL LEGAL OFFICE PARTMENT OF CHILDREN & ac | ADMINISTRATIVE COMPLAINT 0 a - Ale 2D YOU ARE HEREBY NOTIFIED that after twenty-one (21) days from receipt of this complaint, Maureen Gilbertson, Owner Wee Care of Pasco Respondent the Department intends to impose a civil penalty in the amount of Two Hundred and Twenty-five Dollars ($225.00) upon Wee Care of Pasco. As grounds for imposition of this penaity, the Department alleges as follows: (1) The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of Chapter 402, Florida Statutes. Respondent, Wee Care of Pasco, 12212 Fort King Road, Dade Gity, Florida, 33525, is licensed to operate a child care facility in compliance with Chapter 402, Florida Statutes and Chapter $5C-22, Florida Administrative Code. (2) The Respondent has violated the provisions of Chapter 402, Florida Statutes and Chapter 65C-22, Florida Administrative Cacle in that nine recurring deficiencies were cited at Wee Care of Pasco, 12212 Fort King Road, Dade City, Florida, 33525 as follows: a. On April 21, 2004, during a routine inspection at Wee Care of Pasco, Ms. Gilbertson was cited for the fourth fime for violations of the following rules: Rule 65C-22.002(2)(c),F.A.C., falling to keep the facillty clean and In good repair; Rule 65C-22.002(2\{a),F.A.C., not keeping safe methods of entering and exiting each room; Rule 65C-22.002(8)(b)2., F.A.C., not keeping the diaper changing surface sanitary, and Rule 65C-22.002(9)(b)2., F.A.C., not maintaining the outdoor equipment in a safe condition, all as set forth in the child care facility checklist dated April 21, 2004, which is hereby incorporated by reference (attachment). A civil penalty of One Hundred Dollars ($100.00) is baing imposed for violation of the above rules ($25.00 per violation). Athaclerent 3. JUL O6 2004 1:51PM HP LASERJET 3200 P- / wr b. Also on April 21, 2004, during the same routine inspection at Wee Cara of Pasco, Ms. Gilbertson was cited for the third time for the following violations: Rule 65C-22.002(9)(b)4., F.A. C.., falling ta properly maintain the play ground fence in good working order; Rule 65C-22.002(5)(b), F.A. C., not keeping the bedding safe and sanitary; Rule 65C-22.002(6)(f), F.A. C., failing to keep soap, paper towels, and toilet paper available to the children; Rule 65C-22.002(9)(a)2., F.A. C., failing to ensure all indoor equipment is safe and not a hazard; and Rule 65C-22.005(3)(b)2., F.A. C., failing to properly label all bottles and “sippy” cups, as set forth in the child care facility checklist dated April 21, 2004, which is hereby Incorporated by reference. A civil penalty of One Hundred and Twenty-five Dollars ($125.00) is being imposed for violation of the above rules ($25.00 per violation). (3) Notice was provided in writing to Respondent of the above violations. (4) The fine may be paid to the Department of Children and Families, SunCoast Regional Legal Counset, (Attention, Raymond R. Deckert), 9393 North Florida Avenue, Suite 905, Tampa, Florida 33612 (Telephone (813) 558-5513). Checks or money orders should be made payable to “The Department of Children and Familles, SunCoast Region”. (5) Respondent is notified of the right to an administrative formal or informal hearing pursuant to Section 120.57, Florida Statutes; to be represented by counsel (at their expense), to take testimony, to call or cross examine witnesses or to have subpoena duces tecum issued, and to present written evidence or argument if she requests a hearing. Chapter 28-106, Florida Administrative Code constitutes the Department's procedural rules for administrative proceedings under Section 120.57 (1), Florida Statutes. Any request for an administrative hearing must conform to the requirements in Rule 28-108.201, Florida Administrative Code (copy enclosed) and must state which issues of material fact you dispute. Fallure to dispute material issues of fact in your request for a hearing may be ‘treated by the Department as an election by you of an informal proceeding under Section 120.57 (2), Florida Statutes. ina formal hearing, the hearing officer is from the Division of Administrative Hearings. In an informal hearing, the hearing Officer JUL OB 2004 1:51PM HP LASERJET 3200 , ~~ is one of the Department's employees, usually an attomey within the Department. All requests for hearings shall be made to the Department of Children and Families, SunCoast Region !.egal Counsel, (Attention: Raymond R. Deckert), 9393 North Florida Avanue, Room 905, Tampa, Florida 33612 (Telephone (813) 558-5513). (8) RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF FACTS ALLEGED IN THE COMPLAINT; WAIVER OF YOUR RIGHT TO A HEARING, AND THE ENTRY OF A FINAL ORDER BY THE DEPARTMENT. A REQUEST FOR A HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS FROM RECEIPT, NOT COUNTING THE DAY OF RECEIPT. | hereby certify that a true copy hereof was sent United States Certified Mail, Return q of Receipt Requested, Wee Care of Pasco, 12212 Fort King Road, Dade City, Florida, 33525 on the ( } hh Mh ce” 2004. usan Stanton Famlly Safety Régional Program Administrator STATE OF FLORIDA COUNTY OF _\Lij\s beteou o hy The foregoing instrument was acknowledged before me this. 9 day of, 2004 by SvSan Stayton who is personally known to me. { — Signature sir, Danielle C. Kirts Danielle Kirts 46, MY COMMISSION * DD25733 EXPIRES Notary Public 1000 TYP HAL HE

Docket for Case No: 04-002462