STATE OF FLORIDA 04 ag DEPARTMENT OF CHILDREN AND ne “3 AMMO: > Uy ii . IN THE MATTER OF Certified Mail 7003- Abba j:0302-1430 A Civil Penalty Against Retu Poppe Reauest A{l Faith Day Care, Inc. - 3133 Spring Glen Road {> Choi | Jacksonville, Florida 32207 ty “Tf > ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Two Hundred Dollars ($200.00). As grounds for the Imposition of this penalty, the Department states the following: 1. The Department of Children and Families, State of Florida, has jurisdiction over the Respondent by virtue of the provisions of Chapters 402.301 - 402.319, Florida Statutes. 2. The Respondent, All Falth Day Care Center, Inc., is licensed to operate All Faith Day Care Center as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.)}, and Florida Administrative Code (FAC), Chapter 65C-22. 3. During an Investigation on July 13, 2004, it was determined that the Respondent committed the following violations: a. FAC Chapter 65C-22.001(4)(a)(b) and s. 402.305(4), F.S., in that: One staff member was observed caring for ten (10) one-year-old children and one twelve-year-old chiid who’ was acting as a helper. The twelve-year-old child Is considered to be in childcare due to her age. When one-year-ald children are present, the correct staff-to- child ratio is 1:6. The facility has been previously cited for ratio violations on April 1, 2002, April 15, 2002, December 6, 2002, July 11, 2003, August 19, 2003. The facility has received notices of intent to levy a fine on April 2, 2002, and December 13, 2002. The facility has been previously fined for ratio violations on April 19, 2002, August 21, 2003, and October 09, 2003. {This portion is $100.00) b. Florida Statutes, s. 402.305(6), in that: A total of forty-eight (48) children were present. The facility is licensed to serve forty-five (45) children. The facility was previously cited for a capacity violation on July 14, 2003. The facility was previously fined for a capacity violation on August 21, 2003. (This portion is $100.00) 6ISS424+06 Satrtwej % UapTtTug adag d61?SO #0 ST AON 6° sek cp ae nl nate 0:24 Administrative Complaint ~ All Faith Day Care Center 4 UEC ~ °3 September, 2004 givioluls ht vy Page 2 SiR Ju pain »INGS 4. The above referenced violations constitute grounds to levy this Civil Penalty pursuant to Chapter 402, Florida Statutes, in that the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 5. Payment of this fine can be made directly to the Department of Chiidren and Families. The mailing address Is: P.O. Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure. NO E I This decision constitutes final agency action uniess 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 120,56, F.S., and either Rule 28-106.201 or Rule 28- 106.301, F.A.C., 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; 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; 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; 6. Astatement that the petitioner does not dispute the facts upon which the agency refied 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, 8. A statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and 61SS2224¢06 set[twes % uaprTtyug sdag d61?SO b6O ST AON ot’ Administrative Complaint —- Alt Faith Day Care Center September, 2004 Page 3 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: : Roger L.D. Williams Paul Flounlacker, Agency Clerk Assistant General Counsel Department of Children & Families Department of Children & Families Office of the General Counsel! P.O, Box 2417 1323 Winewood Blvd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Ww Linda, Smith Program Administrator 61SS224+06 set[Twe4 % UePTTyg ded dozg:so *O QT AON Tr° sertember, 20 complaint ~ Ail Faith Day Care Center 04 nEC -3 AMI: 24 = wis ta ADMINIS cee. HEARINGS TIFI (ON ERV! 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail 7003-1680-0000-0502-1430,,Retum Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes, this f a day of September, 2004. - STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES inde, Smith Program Administrator U.S. Postal Service:. CERTIFIED MAIL.. RECEIPT o m ar ea mw Oo w ao Postage o Cortified Fee Oo a Rotum Reclept Fee I | (Endorsement Required} TS Exarsoment Required} a A TotatPo m ALL FAITH DAYCARE CENTER a 3133 SPRING GLEN RD. rt JACKSONVILLE FL 32277 PS Form 9609, June 2002 61SS2A24¢06 setTrwey % uapTTyg adeq (Domestic Mait Only; No insurance Coverage Provided For delivery information visit ous. websike at wwow.usps.coins OFFICIAL USE js doz:S0 #0 QT SON

Docket for Case No: 04-004331