STATE OF FLORIDA DEPARTMENT OF a5 AND FAMILIES Department of Children and Families as U 5 “| DCCO Docket No. SunCoast Region Pasco County Petitioner vs Steve Chojnacki, Director Primrose School at Collier Parkway 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 Nine Hundred Twenty Five Dollars ($925.00) upon Primrose School at Collier Parkway. 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, Primrose School at Collier Parkway, 23021 Weeks Blvd, Land O’ Lakes, Florida 34639, 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 five deficiencies were cited at Primrose School at Collier . Parkway, Land O’ Lakes, Florida as follows: a. During a routine inspection of Primrose School at Collier Parkway on April 29, 2008, the facility was cited for being out of ratio in that one staff for five infants and two staff for thirteen one-year-olds were observed. A ratio of one staff for four infants and one staff for six one-year-olds is required. These are violations of rule 65C-22.001 (4)(a) Florida Administrative Code, Ratios and 402.305(4) Florida Statute, Staff-To-Children Ratio. The center was previously cited when it was determined at the time of a complaint investigation that on April 9, 2008 one staff was left in charge of seven one-year-olds and on April 18, 2008 when two staff were observed to be supervising nine infants. A corrective action statement requested on April 11, 2008 with a due date of April 28, 2008 was received on April 30, 2008. A civil penalty of Two Hundred Dollars ($200.00) is being imposed for the violations of the above rule. During a routine inspection of Primrose School at Collier Parkway on April 29, 2008, the employee record of D.A., date of hire 2/19/07, was cited for not containing evidence of completion of a five hour literacy training course within one year from the date of hire into the child care industry. In addition, the employee records of S.B., M.L. and H.M. were cited for not containing evidence of having completed their 40-hour child care training within one year from the dates that training was begun. S.B. completed part one of her training on 9/26/96. She then left the child care industry, but re-entered the profession and resumed her training on 11/18/05 when she completed an early literacy course. She had until 3/17/06 to complete the remainder of her training requirements. Her record was previously cited on September 6, 2007 for this same violation after which time the licensing office was informed that this employee had been reassigned to a non- instructional position. At this routine inspection S.B, was working with the children in an instructional position. M.L. began her child care training on 12/02/06. She had until 12/01/07 to complete this training. She has not completed the training. H.M. began her child care training on 2/05/07. She had until 2/04/08 to complete this training. She has not completed the training. ‘These are violations of rule 65C-22.003(2) Florida Administrative Code, Training Requirements and 402.305(2), Personnel. The center was previously cited for similar staff training violations on May 5, 2006, September 5, 2006, December 26, 2006, September 6, 2007, and December 14, 2007 for the records of some of the same as well as different staff members. A corrective action statement was completed on September 7, 2006 and administrative fines of two-hundred dollars and three hundred fifty dollars were imposed on February 5, 2007 and February 13, 2008, respectively. A civil penalty of Fifty Dollars ($50.00) per staff file for a total of Two Hundred Dollars ($200.00) is being imposed for the violations of the above rule. During a routine inspection of Primrose School at Collier Parkway on April 29, 2008, the children’s record of R.L., date of birth 10/24/04, date of enrollment 7/25/05, was cited for containing an immunization record that had expired on 12/31/07 and the children’s record of E.S., date of birth 12/21/04, date of enrollment 6/19/06 was cited for containing a student health examination form that had expired on 4/27/08. These are violations of rule 65C-22.006(2)(a)-(d) Florida Administrative Code, Children’s Health Requirement. The center was previously cited for similar children’s records violations on September 5, 2006, September 6, 2007, and December 14, 2007. A corrective action statement was completed on September 7, 2006 and a one hundred seventy five dollar administrative fine was imposed on February 13, 2008. A civil penalty of Fifty Dollars ($50.00) per children’s record, for a total of One Hundred Dollars ($100.00) is being imposed for the violation of the above rule. During a routine inspection of Primrose School at Collier Parkway on April 29, 2008, the children’s record of S.M. was cited for not containing complete enrollment, specifically allergy, information. This isa violation of rule 65C-22.006(3) Florida Administrative Code, Enrollment Information. The center was previously cited for similar enrollment information violations on December 26, 2006 and December 14, 2007 for the records of different children. A corrective action statement requested on December 21, 2007 was received on April 30, 2008. A civil penalty of Twenty Five Dollars ($25.00) is being imposed for the violation of the above rule. During a routine inspection of Primrose School at Collier Parkway on April 29, 2008, the employee record of B.P., date of hire 10/15/07, was cited for not containing an attestation of good moral character and the employee records of B.Bo., date of hire 2/18/08; B.Br., date of hire 2/19/08; E.C., date of hire 2/26/08; T.I., date of hire 2/04/08; N.S., date of hire 2/18/08; and K.S., date of re-hire 2/18/08 following an eight month absence, were cited for not containing evidence of complete 2-year employment history reference checks. The record of T.1. was also cited for submission of the fingerprint card beyond the required timeframe and the record of K.S. was cited for not containing a current attestation of good moral character or documentation of submission of a request for a current local law clearance. These are violations of rule 65C-22.006(4)(d) Florida Administrative Code, Personnel Records and Sections 402.305(2) and 435.04 (1), Florida Statutes. The center was previously cited for similar background screening violations on September 5, 2006, December 26, 2006, May 2, 2007, September 6, 2007, and December 14, 2007 for the records of different staff members. A corrective action statement requested on December 12, 2007 was received on April 30, 2008. A civil penalty of Fifty Dollars ($50.00) per staff file, for a total of Four Hundred Dollars ($400.00) is being imposed for the violations of the above rule. (4) Notice was provided in writing to Respondent of the above violations. (6) . 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”. (8) 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 (copy enclosed) 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 Lega! Counsel, (Attention: Raymond R. Deckert), 9393 North Florida Avenue, Suite 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, Primrose School at Collier Parkway, 23021 Weeks Blvd., Land O’ Lakes, Florida, 34639. — te onthe_ 5 of = , 2008. Kris Emden Regional Licensing and Background Screening Manager STATE OF FLORIDA COUNTY OF Hillsbor cual nai 25h. of June The foregoing instrument was acknowledged before me thi day of. u , 2008 by. Ens Emden who is personally known to me. Signature Mary Wehnes Notary Public “ee, MARY WEHNES WSs, NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # DD369366 EXPIRES 11/4/2008 BONDED THRU 1-888-NOTARY1 5 AY cc: SunCoast Region Legal Office

Docket for Case No: 08-004575