Revocation of Child Care Facility License STATE OF FLORIDA 0: 2 2 DEPARTMENT OF CHILDREN AND FAMILIES ‘ nh Visi. Ih ADM IN THE MATTER OF: DCCO Docket No, OM AS 3 NRA, SunCoast Region NGS Pasco County Of . VG Yb ECEIVE | JUL 04 2004 iD SUNCOAST REGIONAL LEGAL OFFICE DEPARTMENT OF CHILDREN & FAMILIES A Civil Penalty Against Cathy Wheeler. Owner Noah’s Ark Preschool 4210 Emest Drive Wesley Chapel, FL 33542 ADMINISTRATIVE COMPLAINT NATURE OF THE CASE 1. This case arises from the Respondent's failure to comply with Sections 402.301- 402.319 et seq., Florida Statutes with respect to licensure requirements. 2. This is an administrative action for imposition of civil penalties per known incident(s) of occurrence as authorized in section 402.310, 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 2, 2004, the facility was notified by certified mait that Noah’s Ark Preschool, Child Care Facility was in violation of s.402.305 (2)(f), Florida Statutes and 65C- 22.003 (7)(a), Florida Administrative Code in that documentation of your director credential had not been provided to the Department. The facility was given 10 business days from the date of the letter to provide documentation (a copy) of the director credential certificate or training transcript. The facility was advised that failure to comply with documentation requirements will result in the immediate issuance of a provisional license for a period not to exceed six months. 5. On January 16, 2004, the Department had not received documentation of the facility's director credential, therefore the facility was issued a provisional license for the period January 2, 2004 through July 1, 2004. As part of the corrective action, the Department requested monthly updates on the facility’s progress towards earning a director credential or hiring a director with the appropriate credential, to be given to the licensing representative by mail or telephonically. These updates were due by the 15" of each month. 6. On February 6, 2004, the director of the facility informed the Department that she expected to complete her director credential by June 28, 2004. 7. During a routine inspection visit on March 11, 2004, the facility was cited for not being in compliance with the director credential requirement. A listing of approved director credential foundational level courses was sent to the facility on March 24, 2004. 8, During a re-inspection visit on April 19, 2004, the facility was cited for not being in compliance with the director credential requirement. Atlacluutt J- 9. On June 2, 2004, the facility was notified by certified mail advising the facility of the continued noncompliance and that documentation must be received by the Department or action to revoke the provisionai license will be initiated 10. On June 7, 2004, the facility director informed the Department that she would not have her director credential certificate and that she did not anticipate the hiring of someone with this credential prior to the expiration of the facility's provisional license on July 1, 2004. Therefore, you are hereby notified of the Department’s intent to revoke your license to operate Noah’s Ark Preschool. This decision is based on the facility’s failure to comply with s.402.305 (2)(f) and 65C-22.003 {7)(a), Florida Administrative Code, which state in part, respectively: “By January 1, 2004, the (director) credential shall be a minimum standard for licensing”. “Pursuant to Section 402.305 (2)(f), Florida Statutes, every child care facility director must have a director credential by January 1, 2004, which consists of the foundational level or the advanced level. As of January 1,2004, every applicant for a license to operate a child care facility or a license for a change of ownership of a child care facility must document that the facility director has a director credential prior to issuance of the license to operate the facility”. NOTICE OF RIGHTS This decision constitutes final agency action unless a person who is substantially affected by it submits a written request for hearing that is received within twenty-one days from the date on which he or she first receives this notice. The request for hearing must also meet the requirements of Section 120.569, Florida Statutes (F.S.), and either Rule 28-106.201 or Rule 28- 106.301, Florida Administrative Code, or else it will be dismissed as required by Section 120,569(2)(c), F.S. That law and those rules require the written request for hearing to include the following information: 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 person who is asking for the hearing (the petitioner); 3. The name, address, and telephone number of the petitioner's representative, if any; 4. An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; 5. A statement of when and how the petitioner received notice of the agency decision; 6. Astatement that the petitioner does not dispute the facts upon which the agency relied but that it wants to exercise the right to be heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute; 7, Aconcise statement of the facts as the petitioner perceives them to be, including the specific facts set out by the agency that the petitioner wants the agency to reverse or change; 8. A statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and 9. A statement specifying what action the petitioner wants the agency to take in the matter. Failure to request a hearing in writing and within the time frames required in this notice or failure to provide the information required by the law and rules governing requests for Chapter 120 hearings constitutes a complete waiver of any right that a substantially affected person may have to challenge this decision. The request must be received by the following persons at the following addresses on or before twenty-one (21) days of the date on which this notice was first received by the person requesting the hearing: Raymond R. Deckert Paul Flounlacker, Agency Clerk Regional Legal Counsel Department of Children & Families Department of Children & Families Office of the General Counsel 9393 N. Florida Avenue Suite 900 1323 Winewood Blvd., Bldg. 1, Suite 407 Tampa, Florida 33612 Tallahassee, FL. 32301 CERTIFICATION OF SERVICE | hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt Requested, Noah’s Ark Preschool, 4210 Ernest Drive, Wesley Chapel, FL 33542 on the t_ of , 2004. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Atha LMA nA Ler usan Stanton Family Safety Regional Program Administrator STATE OF FLORIDA COUNTY OF \\ Lis Bo RovG Hh The foregoing instrument was acknowledged before me this \_ day of. , 2004 by SUSAN Stanton who is personally known to me. (dail 0 pink Signature Danielle Kirts Notary Public Danielle C. Kirts Y COMMISSION # 0D245733 EXPIRES December 14 2007 BONDED THRU TROY FAIN INSURANCE, INC.

Docket for Case No: 04-002646