Revocation of Child Care Facility License STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF: A Civil Penalty Against Danny Lewis Discovery Days Institute 0 U . | Kf 227 N. Ridgewood Avenue Edgewater, FL 32132 ADMINISTRATIVE COMPLAINT NATURE OF THE CASE 4. 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 mail that Discovery Days Institute 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 frorn 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 documentetion of the facility's director credential, therefore the facility was issued a provisional license for the period January 2, 2004 through July 2, 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 te ephonically. These updates were due by the 15" of each month. 6. 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 provisional! license will be initiated. Therefore, you are hereby notified of the Department's intent to revoke your I'cense to operate Discovery Days Institute. 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 leve! 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 owrership 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 120.562, 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: 4. 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, Astatement 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, inc uding the specific facts set out by the agency that the petitioner wants the agency to reverse or change; 8. Astatement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and 9. Astatement specifying what action the petitioner wants the agency to take in ths 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: District Legal Counsel George Beckwith Paul Flounlacker, Agency Clerk District Legal Counsel Department of Children & Families Department of Children & Families Office of the General Counsel 210 N. Palmetto Avenue 1323 Winewood Blvd., Bidg. 1, Suite 407 Daytona Beach, FL 32114 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES 2 atsy A. Lewis, District Administrater CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail # 70993400001407066804 Return Receipt Requested, in accordance with ss. 120,60(3), Florida Statutes, this 2n day of July 2004. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES aN etsy A. Lewis, Disfrict Administrator — — Sy) CHILDREN aa & FAMILIES , . “ Seeretary ors ~E AM 10: 25 January 13, 2004 License Number: C12VO0054 Discovery Days Institute of Learning, Inc. 227 N. Ridgewood Avenue Edgewater, FL 32132 Dear Mr. Lewis: Enclosed is a provisional license from the Department of Children and Families to operate a child care facility. A provisional license is being issued at this time based on: The required Director Credential documentation has not been submitted. This license is valid until July 21, 2004. An annual license will be issued * when the Director Credential documentation is received. This license is not transferable to another owner or any other location. If at some point in the future you discontinue operation of your facility, please notify our child care licensing office. Please display the provisional license certificate in a conspicuous location in your facility, and be sure to include your license number in all applicable advertising. This issuance of this license represents a joint effort on your part and the Department of Children and Families in fulfilling the legislative intent, “to protect the health, safety and well-being of the children of the state and to promote their emotional and intellectual development and care” as Stated in sectarian 402.301, Florida Statutes. were etnies Leh ew # District 12 ¢ Child Care Licensing « Unit 469 i Fhe? 210 North Palmetto Avenue, Daytona Beach, Florida 32114 ¢ (386) 238-4986 ¢ Fax: (385) 238-4705 _ Working in partnership with local communities to help people be self-sufficient and live in stable families and communities Cr Data\ FORMS\ Stationary (D12).doc9/98 Although the Department stands as the regulatory authority, we are here to provide the technical assistance required to assist you in understanding and implementing the rules and regulations which affect the child care industry. Please feel free to contact your licensing counselor at (386) 238-4705 if you have any questions or concerns. Sincerely, “reneau B. Surguine Management Review Specialist 2 -- <— FS/co Enclosure

Docket for Case No: 04-002781