_MAR-22-208? 07:18 eo“ OFF ICE @ “ 407 228 6832 OLED (YS 07 SiFATE0 PAL@RIDA DEPARTMENT OF COR OE AND FAMILIES IN THE MATTER OF A Civil Penalty Against Winter Park Day Nursery, Inc. 741 S Pennsylvania Ave Winter Park, Florida 32789 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $100. 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 Respondent by virtue of the provisions of sections 402.301- 402.319, Florida Statutes. 2. The Respondent, Winter Park Day Nursery Inc, was licensed on license #C070R0177, issued January 01, 1985, to operate Winter Park Day Nursery Inc, 741 S Pennsylvania, Winter Park, Florida 32789, as a Child Care facility in accordance with, Chapter 402, Florida Statutes, and Florida Administrative Code, Rule 65C-22. 3. Respondent committed violation of Rule 65C-22.001(8)(a)(b) Florida Administrative Code, with respect to Child Discipline/Compliance. During complaint inspection of January 29, 2007, “Exhibit A”, the facility was cited for violation of Child Discipline/Compliance when it was discovered that one of the teachers at the center had used an inappropriate method of discipline by taping a child during nap time. For using a method of discipline that is severe, humiliating, or frightening, 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 Facility. P.@3 ,MAR-22-2007 87718 @owes OFF ICE s 487 228 6832 a 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: T. Shane Deboard, Attorney Agency Clerk Department of Children and Families Department of Children and Famllies District 7 Legat Department, S-1114 Office of the General Counsel 400 West Robinson Street 1317 Winewood Blvd., Bidg. 2. #204-X Orlando, Florida 32801-9425 Tallahassee, Florida 32399-0700 No later 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. P.Q4 _MAR~22-28807 @7:19 T@iicesiss OFF ICE 487 228 6032 P.@S 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). STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES DarfMcLean District Operations Administrator CERTIFICATE OF SERVICE ZI:€ Hd €- AYHLO | HEREBY CERTIFY that a true copy hereof was sent to Lynda Mays, Director. of Winter Park Day Nursery, Inc—741 S Pennsylvania Ave, Winter Park, Fl 32789, by U.S. Certified Mail, Return Receipt Requested, Certificate # 7003 1680 0006 4212 73 97 and by U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes (2000), this 26th _ dayof February __, 2007 a T. Shane Deboard Licensing Attorney Florida Bar No. 0130605 400 West Robinson Street, S-1114 Orlando, Florida 32801 (407) 245-0530

Docket for Case No: 07-001945