_*N STATE OF FLORIDA DEPARTMENT OF CHILDREN AND rami, an IN THE MATTER OF : Certified Mail 7005 4 0 os A Civil Penalty Against Return Receipt Ré “sted, T 7. Kid nm core OW 6 _ ee . Kids By The Hour, LLC © ' . Ups ae 2245 Fallen Tree Drive East 0 ¥-310 B- Vos Jacksonville, Florida 32246 . ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Two Hundred Twenty-Five. Dollars ($225.00). 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 Respondent by virtue of the provisions of Chapters 402.301 — 402.319, Florida Statutes, 2. The Respondent, Kids By The Hour, LLC, is licensed to operate Kids By The Hour, LLC located at 13947 Beach Blvd., Jacksonville, Florida 32224, as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22. . 3. During an inspection on November 8, 2007, it was determined that the Respondent committed the following violation: ! FAC Chapter 65C-22.001 (4)(a)(b) and 402.305 (4), in that: During a routine inspection the Licensing Counselor observed one (1) staff member caring for eleven (11) one year old children. ‘The second staff member E. M., had left the snack room momentarily to go outside to inform.the Director of a problem with the air conditioning. She then returned to the room upon the counselor's arrival. The correct ratio should have been one (1) staff member for six (6) one year old children, This violation was previously cited on May 11, 2007 and again on May 23, 2007, which resulting in a Notice of Intent to Impose Administrative Action letter being issued on August 9, 2007. FAC Chapter 65C-22.001 (5) (a), in that: The Licensing Counselor observed 10 (ten) VPK Children being supervised by @ person who came to the childcare and had only applled for a position, The person had not been hired or met the screening or training requirements for childcare employee. There childran were not under the direct supervision of a staff member. Direct supervision means watchlng and directing 9d Upi0 ON WWLES6 8002 “] dy wegh:60 8002 | dy :panlecay Administrative Complaint-Kids By The Hour, LLC Page 2 in children’s activities within the same room or designated outdoor play area and responding to each child’s needs. Similar type violations were cited on May 11, 2007, which resulted in an Administrative Complaint (fine) in the amount of one hundred dollars ($1 00,00) being levied on August 20, 2007. The violation was again cited on May 23, 2007, which resulted in a Notice of Intent fo Impose Administrative Action _ being issued on August 9, 2007. FAC Chapter 65C-22,006 (2) (a)(c), in that: One out of twenty-six (1 out of 26) . Children’s Student Health Examinations and one of twenty-six (1 out of 28) Children’s Florida Certification of immunization Records were missing for children enrolled for more than 30 days. Within 30.days of enrollment, unless statutorily exempted, each child shall have on file at the facility a completed DH For 3040, June 2002, Student Health Examination. The Student Health Examination is valid for two (2) years from the date the physical was performed. Within 30 days of enrollment, each child shalt have on file and keep current a completed DH Form 680 Florida Certification of Immunization Part A- 1, B, or C (July 2001), or DH Form 681, Religious Exemption Form Immunization (May 1999). FAC Chapter 65C-22.006 (5\(d) and 435, 04, in that: It was discovered that staff member A. M. was rehired on October 10, 2007. This employee had previously been dismissed from the facility on June 11, 2007, resulting in there being more than a 90 day break in service in the child care industry. Upon her retum on October 10, 2007, ‘Level 2 Background Screening was not conducted on her. Level 2 Background screening of new childcare personnel consists of, but is not limited to: An Affidavit of . Good Moral Character completed prior to employment and annually thereafter; and a request for a Sheriff's Record Check and the submission of a fingerprint card to the appropriate agencies within ten days of employment. This violation was previously cited on July 11, 2006, November 6, 2006 and again on February 28, 2007, resulting in a Notice of Intent to Impose an Administrative Action being issued on February 28, 2007. Ld Uhl0 ON AVIES6 8002 ‘| ‘dy wegl:60 8002 | Ady :pansacay Administrative Complaint-Kids By The Hour, LLC Page 3 4. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes at 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 diractly to the Department of Children and Family Services. The mailing address |s: P.O. Box 2417, Jacksonville, FL. 32231, Attentlon: Child Care Licensure, 6, Please be advised that you do 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 thls formal review. To initiate this formal review process, a petition for formal heartng © must be received by the following individuals within the twenty-one-day time frame: Roger L.D. Williams Assistant General Counsel Department of Children & Families P.O, Box 2417 Jacksonville, FL, 32231-0083 Gregory D. Venz, Agency Clerk Department of Children & Families Office of the General Counsel 1317 Winewood Blvd., Bldg. 2, Ste 204 Tallahassee, FL. 32301 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 fewer than fourteen (14) days notice. Finally, in accordance with s. 120.57(b)(4), Florida Statutes (2004), all parties to this cause have the opportunity to respond, to present evidence and argument of all issues of involved, to conduct cross-examination and submit evidence, to submit proposed findings of facts and " order, to file excaptions to any order of a hearing officer's racommended order, and to be 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 state what issues and material facts you dispute, or it will be dismissed. FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FOR A HEARING MAY BE TREATED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES AS AN ELECTION BY YOU FOR THE INFORMAL PROCEEDINGS UNDER s. 120, 57(2), FLORIDA STATUTES (2004). NOTICE OF RIGHTS 8d hI0 ON WWIE=6 8000 ‘| “dy weal :60 8002 | 4dy :panjaoay Administrative Camplaint-Kids By The Hour, LLC Page 4 . This decision constitutes final agency action unless a person who is substantially affected by It submits a written request for hearing that |s 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, FAC., - _ 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 fallowing information: LO ; 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); The name, address, and telephone number of the petitioner's representative, if any; ' 4, An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; , . ; A statement af-when and how the petitioner received notice of the agency decision; . Astatement that the pstitioner does not dispute the facts upon which the agency relied 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; ‘ ‘ . A-statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and 9. A statement 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 requirad 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 Assistant General Counsel Department of Children & Families P.O, Box 2417 Jacksonville, FL. 32231-0083 Gregory D. Venz, Agency Clerk Department of Children & Families Office of the General Counsel 1323 Winewood Blvd., Bidg. 1, Suite 407 Tallahassee, FL. 32301 “4 UIDON Nee B00 | Hy wegh:60 8002 | 4dy :pant Administrative Complaint-Kids By The Hour, LLC Page 5 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Pamela Buckham Program Administrator Ql ‘d CPLO ON WIE6 9002 “| ‘udy wegl:60 8002 | say :pan!aday CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 7005 1820 0008 0152 5457, Retum Recsipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this (Gay of December, 2007, STATE OF FLO DEPARTMENT, ’ Pamela Bufkham Program Administrator Mocs UHlO 8 " wWie:6 8000 “1 uty weg, :60 8002 | 4dy :pan|aoay

Docket for Case No: 08-002102