(17-3700 STATE OF FLORIDA 7) >> : DEPARTMENT OF CHILDREN AND FAMILIES SunCoast Department of Children and Families DCCcO ast Rey Zim 08 Pasco County, Pea, 2, nos Petitioner VS Rupa Shah, Owner Discovery Point # 39 Respondent ADMINISTRATIVE COMPLAINT : YOU ARE HEREBY NOTIFIED that after twenty-one (21) days from receipt of this complaint, The Department intends to impose a civil penalty in the amount of Two Hundred Dollars ($200.00), upon Discovery Point # 39. As grounds for imposition of this penalty, the Department alleges as follows: (1) The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of Chapter 402, Florida Statutes. (2) Respondent, Discovery Point # 39, 1812 Crossings Blvd, Odessa, FL 33556, is licensed to operate a'child care facility in compliance with Chapter 402, Florida Statutes and Chapter 65C-22, Florida Administrative Code. (3) The Respondent has violated the provisions of Chapter 402, Florida Statutes and Chapter 65C-22 Florida Administrative Code in that one deficiency was cited at Discovery Point # 39, 1812 Crossings Blvd, Odessa, Florida, as follows: a. During a complaint investigation at Discovery Point # 39, on 1 January 17, 2007 the department found some indications that a toxic substance \ was accessible toan infant child (N.C.) enrolled at the facility. There was evidence to support that the child picked up a toy that had been washed in a bleach and water solution, and the toy had remaining bleach and water which the child had ingested. It is believed that some of the water solution was still inside of the toy when the child was playing with it, this is how it was over-looked by the staff and ingested by the child. This was documented by the child's physician as the child had chemical bums in the back of his throat. This is a violation of Rule 65C-22.002(1)(b), Florida Administrative Code, which states that all areas and surfaces accessible to children shall be free.of toxic and hazardous materials. A civil penalty of Two Hundred Dollars ($200.00) is being imposed for the Enereoser® Z violation of the above rule. (4) Notice was provided in writing to Respondent of the above violations. (5) The fine may be paid to the Department of Children and Families, SunCoast Regional Legal Counsel, (Attention, Raymond R. Deckert), 9393 North Florida Avenue, Suite 902, Tampa, Florida 33612 (Telephone (813) 558-5513). Checks or money orders should be made payable to “The Department of Children and Families, SunCoast Region”. (6) Respondent is notified of the right to an administrative formal or informal hearing pursuant to Section 120.57, Florida Statutes; to be represented by counsel (at their expense); to take testimony, to call or cross examine witnesses or to have subpoena duces tecum issued, and to present written evidence or argument if she requests a hearing. Chapter 28-106, Florida Administrative Code constitutes the Department's procedural rules for administrative proceedings under Section 120.57 (1), Florida Statutes. Any request for an administrative hearing must conform to the requirements in Rule 28-106.201, Florida Administrative Code and must state which issues of material fact you dispute. Failure to dispute material issues of fact in your request for a hearing may be treated by the Department as an election by you of an informal proceeding under Section 120.57 (2), Florida Statutes. In a formal hearing, the hearing officer is from the Division of Administrative Hearings. In an informal hearing, the hearing officer is one of the Department's employees, usually an attorney within the Department. All requests for hearings shall be made to the Department of Children and Families, SunCoast Region Legal Counsel, (Attention: Raymond R. Deckert), 9393 North Florida Avenue, Room 902, Tampa, Florida 33612 (Telephone (813) 558-5513). (7) RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF FACTS ALLEGED IN THE COMPLAINT; WAIVER OF YOUR RIGHT TO A HEARING, AND THE ENTRY OF A FINAL ORDER BY THE DEPARTMENT. A REQUEST FOR A HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS FROM RECEIPT, NOT COUNTING THE DAY OF RECEIPT. | hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt Requested, Discovery Point # 39, Attn: Rupa Shah, 1812 Crossings Bivd., Odessa, FL 33556. on the. 3 neh, of. Ad tex 2007. Kris Emden Licensing and Background Screening Manager STATE OF Pe | A COUNTY OF Hi lebor 9] ugh The foregoing instrument was acknowledged before me this ray of. M ay , 2007 twee who is personally known to me. Mr Wit hn2? Ren Wet Sie MARY WEHNES Mary Wehnes ere, NOTARY PUBLIC - STATE OF FLORIDA Notary Public i wy + COMMISSION # DD360368 ‘arises EXPIRES 11/4/2008 “ewe BONDED THRU 1-888-NOTARY1 cc: SunCoast Region Legal Office

Docket for Case No: 07-002700