ved: Dec 26 2007 04:30pm DCF District One Legal No. 5472 =P 12 . Rece * Dec. 26. 2007 3:36PM C8 yyy mE STATE OF FLORIDA “sg Py DEPARTMENT OF CHILDREN AND FAMILY SERVICES ; DEPARTMENT OF CHILDREN 0 & ° O I "4 AND FAMILY SERVICES, be 1g Petitioner Revocation of Child Care License At close of business 12/4/07 LICENSE NO. C0!0K0001 CIRCLE OF FRIENDS CHILDCARE CENTER, LLC OWNER OF _.. vue #6 afin CIRCLE OF FRIENDS CHILD a ; CARE CENTER Ra bee Respondent STRA OMPLAINT Petitioner, Department of Children and F amily Services, by and through its undersigned counsel, files this Administrative Complaint against Respondent, Circle of Friends Childcere Center, LLC, owner of Circle of Friends Child Care Center, License No. COLOK0001, to re- voke the license to operate a child care facility, As grounds for the imposition of this penalty, the Department states as follows: 1, The State of Florida, Department of Children and Family Services, has jurisdic- tion over Respondent by virtue of the provisions of Sections 402.301-402.319, Florida Statutes. 2. The Respondent is licensed to operate as a Child Care Facility in compliance with Section 402,301, Florida Statutes, and Rule 65C-22, Florida Administrative Code, Rece » Dec 26. 2007 3:36PM Dec 26 2007 04:30pm ved: DCF District One Legal No. 5472 P13 ry 3. Respondent has repeatedly committed violations of Section 402, Florida Statutes, and Rule 65C-22, Florida Administrative Code. This includes but is not limited to the follow-. ing: A. Prior History of Violations | Administrative fines and warning letters issued on: (1) 2/5/07, $100 for repeated ratio violations. (2) 1/29/07, warning addressing repeated noncompliance with atan- dards and possible repercussions with continued noncompliance. (3) 1/26/07, warning issued with a Provisional License (6 month) for repeated noncompliance with standards, poor licensing record and possible repercussions of continued noncompliance. (4) 10/4/06, $500 for repeated noncompliance with the requirement for direct supervision of the children in care. (5) 7/20/06, $500 for repeated noncompliance with the requirement for direct supervision of the children in care, repeated noncompliance with required staff-to- children ratios, repeated noncompliance with required disciplinery practices, and repeated non- compliance with chemicals/hazardous materials within reach of children. (6) 1/31/06, warning for noncompliance with the requirement to obtain and maintain current medical records of children in care and noncompliance with the require- ments to process and maintain complete personnel records within the legal time frames. (7) 8/9/05, warning for noncompliance with required disciplinary prac- tices. Dec 26 2007 04:30pm . Received: . ‘> Dee. 26. 1007 3:36PM DCF District One Legal No 5472 P.ot4 ~. (8) 7/6/04, $200 for repeated noncompliance with staff-to-children ra- tios and noncompliance with the requirement for direct supervision of the children in care. Two (2) supervisory conferences, 8/27/07 and 2/9/05, were held with the owner, Ms. Lynn Lambert, to discuss, the poor licensing record, repeated noncompliance of standards, the numerous complaints received on the facility and possible future administrative actions that may occur, Also, & Provisional License was issued to the facility on 2/1/07 (by letter dated 1/26/07) due to the facility’s poor licensing record, which includes but is not limited to, the numerous fines, warning letters, repeated and/or serious violations. B. Current Complaints Complaints received: (1) Complaint was received on 8/8/07 alleging that the owner used in- appropriate discipline by lying on top of a child and restraining him at naptime. Also included in the complaint were allegations of calling the child “bad”, screaming and yelling at the chil- ’ dren, and placing the children under a desk in the office for “time out” for extended periods of up to an hour or longer. Based on interviews with staff and children at the facility, the complaint was substantiated and it was determined after an investigation that two children were the major targets, (2) On 8/14/07, a complaint was received alleging unscreened staff were caring for the children at the facility. After interviews with the staff at the facility and Ms. Lambert’s business next door to the facility, the complaint was substantiated, Dec 26 2007 04:31pm Received: “Dee 26 2007 3:36PM DCF District One Legal No 5472. 15 (3) Lastly, on 11/29/07, a complaint was received alleging that the owner’s husband was observed caring for a child in the center on 11/28/07. He is not listed as child care personnel. After the investigation, the complaint was substantiated. Mr. Lambert has been properly background screened; however, he does not have the required forty (40) hour child care training or the required five (5) hour literacy training. 4. The above-referenced violations constitute grounds to levy this civil penalty pur- suant to Section 402.310, Florida Statutes, in that the conduct of Respondent constitutes a viola- tion of the minimum standards, rules, and regulations for operation of a child care facility. 5. You aro notified of the right to request an Administrative Hearing to review sub- stantial interests of yours which are affected by this action pursuant to Sections 120.569 and 120.57, Florida Statutes, You may be represented by an attorney of your choice and at your ex- pense. In order to obtain a formal administrative proceeding, the request for hearing must state which issues of material fact are disputed. Failure to dispute issues of material fact may be treated by the department as an election of an informal proceeding. 6, YOU ARE FURTHER NOTIFIED THAT FAILURE TO REQUEST A HEAR- ING WITHIN TWENTY ONE (21) DAYS OF RECEIPT OF THIS COMPLAINT WILL RE- SULT IN A WAIVER OF THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING. 7. The request for hearing shall be filed with the Circuit One Chief Legal Counsel, Department of Children and Family Services, 160 West Government Street, Suite 601, Pensa- cola, Florida 32502, Received: Dec 26 2007 04:31pm Dec. 26. 2007 3:36PM = DCF District One Legal ; No. 5472 P16 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and accurate copy of the foregoing has been furnished . c by hand delivery, this a day of December, 2007 to Ms. Lynn Lambert, 2108 Lewis Turner Boulevard, Ft. Walton Beach, Florida 32547. KATIE GEORGE Florida Bar No. 30066 Chief Legal Counsel Department of Children and Family Services 160 W. Government St., No. 601 Pensacola, Florida 32502 (850) 595-8057 Suncom: 695-8057

Docket for Case No: 08-000168