R ti f Child C ility Li bes ue \ evocation o ild Care Facility License Oh fUG-19 AMIGO: 4G STATE OF FLORIDA , ron DEPARTMENT OF CHILDREN AND FAMILIES He Dt IN THE MATTER OF: A Civil Penalty Against . Eastside Learning Center ¢ Sharon Shuler 7 # - fies \ P.O. Box 1262 iy CY-9717¥ Apopka, Florida 32704 Oe ADMINISTRATIVE COMPLAINT “ark NATURE OF THE CASE 1. This case arises from the Respondent's failure to comply with Sections 402.201- 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 Eastside Learning Center Child Care Facility was in violation of s.402.305 (2)(f), Florida Statutes ancl 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 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 telephonically. 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 Depar-ment or action to revoke the provisional license will be initiated. 7. Additionally, the Department required signed acknowledgements of the director credential requirement by owner/director, provided information regarding late course offerings and conducted telephone surveys documenting progress toward compliance Therefore, you are hereby notified of the Department’s intent to revoke your license to operate Eastside Learning Center. ALG O: 4G his decision is based on the facility’s failure to comply with s.402.305 (2)(f) and 65C-22.003 D4 AUG 10 ANIO: Wu 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 chiid 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 jis decision constitutes final agency action unless a person who is substantially affected by it tymits a written request for hearing that is received within twenty-one days from the date on nich he or she first receives this notice. The request for hearing must also meet the quirements of Section 120.562, Florida Statutes (F.S.), and either Rule 28-106.201 or Rule 28- 16.301, Florida Administrative Code, or else it will be dismissed as required by Section 0.569(2)(c), F.S vat law and those rules require the written request for hearing to include the following ‘armation: The name and address of each agency affected and each agency's file or identification number if known; The name, address and telephone number of the person who is asking for the hearing . (the petitioner); The name, address, and telephone number of the petitioner's representative, if any; An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; A statement of when and how the petitioner received notice of the agency decision; A statement 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; A concise 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; A statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and A statement specifying what action the petitioner wants the agency fo take in the matter. bo 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 Koaring tne nearing: Beryl Thompson-McClary Licensing Attorney Department of Children & Families 400 West Robinson Street, S-1106 Orlando, Florida 32801 Paul Flounlacker, Agency Clerk Department of Children & Families Office of the General Counsel 4323 Winewood Blvd., Bldg. 1, Suite 407 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES District Administrator or Che ‘ eaemmtre\ : CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail #, 7003 2260 0006 0141 4732, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes, this 2nd day of July, 2004. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES LW) District Administrator or De Licenxmn a 3 aris, 04 WE 10 AM IO: 40 | ir 7003 22ebO DOOb O41 4e3e Return Reclept Fee (Endarsement Required) Restricted Delivery Fee (Endorsement Required) PS Folie sade dune ands" Postmark Here

Docket for Case No: 04-002798