STATE OF FLORIDA | | 0 ~ Osa 5 DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF A Civil Penalty Against Pek at Oviedo Montessori School 261 S Central Avenue Oviedo, Florida 32765 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $60. 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. On July 24, 1998, the Department issued license#C18SE0124 to the respondent to operate Oviedo Montessori School, located at 261 S Central Avenue, Oviedo, Florida 32765, as a Child Care Facility in accordance with Chapter 402, Florida Statues, and Florida Administrative Code, Rule 65C-22. 3. Respondent committed violation of Rule 65C-22.006(2)(a)-(c), Florida Administrative Code, with respect to children’s health/immunization records. On November 12, 2009 the facility was found to have five children’s files with missing or expired health/immunization records. On June 12, 2009 the facility was found to have three children’s files with missing or expired health/immunization records. On March 24, 2009 the facility was found to have four children’s files with missing or expired health/immunization records. On December 2, 2008 the facility was found to have twelve children’s files with missing or expired health/immunization records. Inspection report for November 12, 2009 is attached as “Exhibit A”. Inspection report for June 12, 2009 is attached as “Exhibit B”. Inspection report for March 24, 2009 is attached as “Exhibit C”. Inspection report for December 2, 2008 is attached as “Exhibit D”. For a violation of children’s health/immunization records the Department imposes an administrative fine of $60. 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 ba pursuant to s. 402.310(1)(a), F. S., in that the above referenced conduct.of = Go Respondent constitutes a violation of the minimum standards, rules and fegutati FS for the operation of a Child Care Facility. PAYMENT OF FINE, IF NOT CONTESTED Payment of this fine can be made by money order or cashier's check directly to the Department of Children and Family Services. The mailing address is Department of Children and Families; Child Care Licensing Office; 400 W. Robinson Street, North Tower; Suite 201; Orlando, Florida 32801; Attention: Child Care Licensing. IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING. You may submit your request for an administrative hearing to the Department at the following address: T. Shane DeBoard, Esquire Department of Children and Families C/O District Legal Office, S-1114 400 West Robinson Street Orlando, Florida 32801-9425 Please note that a request for an administrative hearing must comply with section 120.569(2)(c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions, when read together, require a petition for administrative hearing to include: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shail be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require that a petition to be dismissed if it is not in substantial compliance with the requirements above. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Cone MM. Shore Carolyn Showalter Child Care Licensing Supervisor CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy hereof was sent to Karen Nelson, Director of Oviedo Montessori School, 261 S Central Avenue, Ocoee, Florida, 32765, by U.S. Certified Mail, Return Receipt Requested, Certificate # 7007 1490 0002 9044 0447 and by U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes, this. 11th _ day of _ January _ 3902 2010. 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: 10-000825