_ JUL-22-2005 14:35 DCF LICENSING OFFICE 407 228 6632 P.@2 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF OS Bolf FILED C€@ ct h- 190 Seo La Petite Academy, Inc. La Petite Academy #166 JUL 2 6 2005 2650 Pembrook Drive D Orlando, Florida 32810 CF Department C, erk ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $100.00. As grounds for the imposition of this penalty, the Department states tha following: 1. The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of sections 402.301- 402.319, Florida Statutes. 2. The Respondent, La Petite Academy, Inc., dba La Petite Academy #166, 2650 Pembrook Drive, Orlando, Florida, 32810, was licensed on license #CO7OR0153, issued on June 10, 2004, to operate La Petite Academy #166, 2650 Pembrook Drive, Orlando, Florida 32810, as a Child Care facility in accordance with Chapter 402, Florida Statutes, and Florida Administrative Code, Rule 65C-22. 3. Respondent committed violations of Section 402.305(12)(a), Florida Statutes, and Rule 65C-22.001(8){a)(b), Florida Administrative Code, with respect to appropriate discipline in a childcare setting. As a result of a complaint, it was learned that on March 18, 2005, an incident occurred involving a five year oid child whose behavior was disruptive. When the child refused to stand up and go with the director to her office, the director dragged the child across the floor by the arm, contrary to the rule that prohibits discipline practices being severe, humiliating or frightening to children. The department is taking into consideration that the facility has taken corrective action and provided inservice training for all staff on positive and constructive discipline for children with challenging behaviors. The complaint report is attached at “Exhibit A." For the violation of inappropriate discipline, the department imposes an administrative fine of $100.00. This fine is imposed in accordance with Section 402.310(1)(a), Florida Statutes. 4. The above referenced violations constitute grounds to levy this Civil Penalty pursuant to s. 402.310(1)(a), F. S., 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 Facllity. JUL-22-20@5 10°35 DCF LICENSING OFFICE Aa? 22h bse F.US PAYMENT OF FINE, IF NOT CONTESTED Payment of this fine can be made directly to the Department of Children and Family Services. The mailing address is Department of Children and Families; District 7 Licensing Office; 3165 McCrory Place; Suite 200; Orlando, Florida 32803, Attention: Child Care Licensure STATEMENT OF RIGHTS Please be advised that you have the right to contest this Civil Penalty through an administrative hearing pursuant to Section 120. 57, Florida Statutes, but that you have no more than twenty-one (21) days from the date the Administrative Complaint is received to initiate this formal review. To initiate this formal review process, a petition for formal hearing must be received by the following individuals within the twenty-one (21) day time frame: John Cooper, Operations Manager D7 Agency Clerk Department of Children and Families Department of Children and Families District 7 Legal Department, S-1114 Office of the General Counsel 400 West Robinson Street 41317 Winewood Blvd., Bldg. 2. #204 Orlando, Florida 32801-9425 Tallahassee, Florida 32301 No tater than fifteen (15) days after receipt of your written request for a formal hearing, the request for a hearing shall be granted or denied. Absent the consent of all parties, the hearing will not commence on less than fourteen (14) days’ notice. Finally, in accordance with s. 120,57(b)(4), Florida Statutes (1996), all parties to this cause have the opportunity to respond, to present evidence and argument of all issues involved, to conduct cross-examination and submit evidence, to submit proposed findings of fact and order, to file exceptions to any order of a hearing officer's recommended order, and to represented by counsel (at your expense). In addition, you have the right to have subpoenas and subpoenas duces tecum issued. Your request for an administrative hearing must conform to the requirement of Florida Administrative Code, Rule 28-106.201 or Rule 28-106.301 and must state what issues and material facts you dispute, or it will be dismissed. _ JUb-22-2665 16:35 DCF LICENSING OFFICE 407? 228 6632 P.@4 FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FORA HEARING MAY BE TREATED BY THE DEPARTMENT OF CHILDREN AND FAMILIES AS AN ELECTION BY YOU FOR THE INFORMAL PROCEEDINGS UNDER S. 120.57(2), FLORIDA STATUTES (2000), Opérations Manager, District 7 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy hereof was sent to La Petite Academy, Inc., La Petite Academy #166, 2650 Pembrook Drive, Orlando, Florida 32810, c/o Cheryl Mizzer, District Manager, by U.S. Certified Mail, Return Receipt Requested, Certificate# 7003 1680 0001 8927 8194 and by U.S, Regular Mail, in accordance with S, 120.60(3), Florida Statutes (2000), this 29th day of ___ June , 2005. y Metis, Fl bar he. 002272 -Bery-T Fompson-McClary Licensing Attorney Florida Bar No. 365432 400 West Robinson Street, S-1114 Orlando, Florida 32801 (407) 245-0530 TATA PP fAA

Docket for Case No: 05-003648