yis12/2004 11:14 8590219988523 H RICHARD EISBEE ESQ raGE of : Jeb Bush FLORIDA DEPARTMENT OF Governer CHILDREN Om Lucy Hadi la . gY & FAMI Li ES Interim Secretary © aa , a ie October 25, 2004 Certified Mail # 2003 Lb80 OOOb 434) 532 O3 Return Receipt Requested Miracle Years Child Care Center II Attn: Tara Moore 217 Ausley Road Tallahassee, Florida 32302 ADMINISTRATIVE COMPLAINT Dear Ms. Moore: (- { ( | ie) AL I am writing this letter to advise you that, unless you file a request for administrative hearing within twenty-one (21) days from your receipt of this letter, the Department of Children and Families will impose an administrative fine against your facility in the amount of three hundred dollars ($300) for violation of the provisions of Chapter 65C-22 Florida Administrative Code. This decision is based on the following facts: On September 9, 2004, your facility was out of ratio in the infant/one year old room and, in the three/four year old room. During this routine inspection, Department staff observed and documented one (1) staff caring for four (4) infants and one (1) toddler [one year old} for a tota! of five children. When caring for groups with infants, the ratio is one staff per four children [1:4]. Staff also observed end documented two (2) staff caring for thirty-four (34) preschool age children [three and four year olds]. When children two years of age and older are in care, the staff to child ratio shall be based on the age group with the largest number of children within the group. Since the largest age group was three year olds, the ratio is one staff per fifleen children [1:15]. The ratio violations are a direct violation of Rule 65C-22.001(4)(a),(b) of the Florida Administrative Code and Section 402.305(4)(a) Florida Statutes. The above infraction places the children in your care at risk and jeopardizes their safety and well being. The standards were written for the health and safety of children in care ani must be maintained at all times. District 2 Child Care Licensing 2639 North Nonroe Street, Building A, Suite 100, Tallahassee, Florida 32399-2949 The Department of Children and Families is committed to working in partnership with loca! communities to ensure safety, well-being and self-sufficiency for the people we serve Dh tink vi" 1112s 2084 Lbi14 9562198253 H RICHARD BISBEE ESG Page The Department has the authority to impose an administrative fine for these violations pursuant to Section 402.310(1) Florida Statutes. Payment of this fine may be made directly to the Departmert of Children and Families. The mailing address is Child Care Services Office Department of Children and Families 2639 North Monroe Street, Building A, Suite 109 Tallahassee, Florida 32399-2949 If you wish to contest the decision of the Department to impose a fine against you and file a request for administrative hearing, you mus: follow the steps set forth below. 1. NOTIFICATION OF RIGHTS You, as Petitioner, have a right to request an administrative hearing, to be represented by counse! or other qualified representative, give parties or their counsel an opportunity, at a convenient time and place, to presert the agency or hearing officer written or oral evidence in opposition to the action of the agency or to its refusal to act, or written statement challenging the grounds upon which the agency has chosen to justify its action or inaction. (a) Any hearing request or answer to this administrative complaint shall be made in writing and the response should include the following: (1) The name and address of each agency affected and each azency’s file or identification number, if known. (2) The name, address and telephone number of the petitioner, the name, address and telephone number of the petitioner’s representative, if any, which shall be the address for service purpose’s during the course of the proceeding and an explanation of how the petitioner’s substantial interest will be affected by the agency determination. (3) A statement of when and how the petitioner received notice of the agency decision. (4) A statement of all disputed issues of material fact. If there are none the petition must so indicate. Failure to identify disputed issues of matenal fact may be regarded by the Department as an election to pursue informal administrative remedies under Section 120.57(2) Florida Statutes. Po) ira 11/12/2604 12:14 8502199253 H RICHARD BISBEE ESO PAGE (5) A concise statement of the ultimate facts alleged as well as the niles and statutes which encitle the petitioner to relief, and (6) A demand for relief. (b) Excep: for good cause: (1) Factual matters alleged in this complaint and not denied in the Request fo: Hearing shall be presumed admitted. (2) Failure to raise a particular defense in the Request for Hearing will be considered a waiver of such defense. (c) Any new miatier raised in the Request for Hearing shall be presumed to be denied by the Department. (d) Evidence shall not be taken on any issue rot raised in the administrative complaint and the Request for Hearing. (e) If the petitioners desire to request a hearing, they must forward their request to: Department of Children and Families Child Care Services Unit 2639 North Monroe Street, Building A, Suite 100 Tallahassee, Florida 32399-2949 Attention: Joseph Alexander 2. The petitioners are giver full notice of this agency action. Unless a request for hearing is received by the Department within twenty-one (21) days after receipt of this complaint, the respondent has waived the right to contest this action and this administrative complaint becomes the final order of the Department. STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES —— Joseph Alexander Supervisor, Child Care Services 2639 North Monroe Street, Building A, Suite 100 Tallabassee, Florida 32399-2949 ag 11/i2/2804 11:14 8582198253 H RICHARD BISBEE ESO PAGE CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing hag. been furnished by Certified Mail, Return Receipt Requested, Certificate #Z¢r2 tefo ceoc 734) Wiis _25th day of October, 2004, to: 217 Ausley Road. Tallahassee, Florida, 32302. STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES 2639 North Monroe Street, Building A, Suite 100 Tallahassee, Florida 32399-2949 16

Docket for Case No: 04-004312