$e aE Se Revocation of Child Care Facility License STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF: A Civil Penalty Against AKid's Gym Fitness and Fun Center Jcy Clore 1495 Evans Street Oviedo, Florida 32765 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 mail that A Kid’s Gym Fitness and Fun Center 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 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 45" 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. 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 A Kid’s Gym Fitness and Fun Center. 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 Tris 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. 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. Astatement 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: Beryl Thompson-McClary Paul Flountacker, Agency Clerk Licensing Attorney Department of Children & Families Department of Children & Families Office of the General Counsel 400 West Robinson Street, S-1106 1323 Winewood Blvd., Bldg. 1, Suite 407 Orlando, Florida 32801 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES ‘ istrict Administrator or Deglgnee LA erred c& 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 4633, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes, this 2nd day of July, 2004. STATE GF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Lt Sa aa emery Od we Florida Children's Forum 2807 Remington Green Circle Tallahassee, FL 32308 Ms. Joy Clore, 292 Margorie Blvd. Longwood, FL 32750 Date: July 02, 2004 Dear Joy Clore; Your application for the Florida Child Care and Education Program Director Credential has been received in our office. it was eitfiei incomplete or missing important documentation. Please submit the items checked to the address below along with this letter. ‘Verification that you have met the Staff Credentialing Requirement through completion of one of the following: a Child Development.Associate (CDA) Credential; an approved Florida CDA Equivalency; a formal education exemption, a documented employment history recognition exemption; or the Florida School-Age Certification. __. Child Care Professional Development Confirmaticn Form (CF-FSP 5206, July 02). For more information about the CF-FSP 5206 form (Credential Verification Application), please visit the Child Care Services website at http://www.myflorida.com/childcare/training or contact the Florida Children’s Forum toll free at . 1-877-358-3224. Copy of certificate for the Department of Children & Families 20-hour Introduction to Child Care Training course. Copy of certificate for the Department of Children & Families 10-hour Behavioral Observation and Screening , Module. _x_/ Copy of certificate for the Department of Children & Families 10-hour Special Needs Appropriate Practices * module or documentation of 8-hours of in-service training in serving children with disabilities that meets the statutory requirement for licensing. / /~’Capy of transcript for the highest educational level completed. Copy.of high school diploma or GED is acceptable _X__ Notarized letter on company letterhead from the center owner, board member or representative. The letter needs to document one year of experience as a director of a child care facility for the foundational level and two years of experience for the advanced level. if you are the owner, a copy of your license and a copy of the Department of Children and Families application for a license to operate a child care facility. Approved coursework for the Foundational Level. Approved coursework for the Advanced Level. Signature and/or date missirig on application. Other Florida Child Care and Education Program Director Credential Florida Children’s Forum 2807 Remington Green Circie Tallahassee, FL 32308 (850) 487-6302 or Toll free (877) 358-3224 Fax (850) 410-0394 or (850) 681-9816

Docket for Case No: 04-002985