lO-YQ20¥ STATE OF FLORIDA Gain pe DEPARTMENT OF CHILDREN AND FAMILIES © Ee foe fe teas . 10 JUN 29 Certified mail receipt no. 7007 2680 0002 1015 7897 Action: Revocation of Gold Seal Quality Care Designation No. Respondent: - Gabrielle's Glen 8801 North 78th Street Temple Terrace, FL 33637-7303 License No. C-TT-431678 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department intends to revoke your designation as a Gold-Seal Quality Care Program provider. The grounds for imposition of this sanction are set forth below: 1. The Department of Children and Families, State of Florida, has jurisdiction over respondent as provided in section 402.281, Florida Statutes, and rule 65C- 22.009, Florida Administrative Code. 2. On July 31, 2009, the Department issued Gold Seal Quality Care Program provider designation to respondent to Gabrielle's Glen, 8801 North 78th Street, Temple Terrace, FL 33637-7303 3. Respondent, is a childcare facility licensed and regulated by Hillsborough County as a local licensing agency as provided in Section 402.308, Florida Statutes, 4. On February 17, 2010 Hillsborough County issued an administrative complaint to impose a penalty against Respondent for violating Hillsborough County Ordinance 03-25 as amended, Section 7.04. Exhibit A attached hereto. The administrative complaint alleged that Respondent on January 22, 2010 was cited for failing to provide an individual seat belt for each child being transported. Hillsborough County imposed a $100.00 fine for this Class 1 violation. The county’s administrative complaint advised that Respondent had 15 days in which to request an administrative proceeding to contest the allegations in the administrative complaint. 5. On February 25, 2010, Respondent paid the fine imposed by Hillsborough County. Respondent did not request an administrative proceeding to contest the allegations in the administrative complaint within the fifteen days provided in Enclosute LL section 402.310(2), Florida Statutes. The administrative cornplaint, therefore, became final agency action. ; 6. The violation of Hillsborough County Ordinance 03-25 as amended, Section 7.04, constituted a Class | violation within the meaning of section 402.281(3)(a), Florida Statutes, and Rule 65C-22.010, Florida Administrative Code. A Class 1 violation pursuant to Section 402.281(3)(a), Florida Statutes, shall be grounds for the termination of the designation as a Gold Seal Quality Care provider. 7. Respondent's Gold Seal Quality Care Program Provider Designation will be revoked effective February 25, 2010. NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES 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 addresses: Department of Children and Families Legal Counsel, (Attention: Jennifer Lima-Smith) 9393 North Florida Avenue, Room 902 Tampa, Florida 33612 Telephone (813) 558-5510 Department of Children and Families Agency Clerk (Attention: Greg Venz) Office of General Counsel 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 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 shall be the address for service purposes during the course of the proceeding; (c) An explanation of how the petitioner's substantial interests will be affected by the agency determination; (d) A statement of when and how the petitioner received notice of the agency decision; (e) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; - (f) Aconcise statement of the ultimate facts alleged, including the specific facts the petitioner contends ‘warrant reversal or modification of the agency's proposed action; (g) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (h) 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 28-1 06.201(4), Florida Administrative Code, require that a petition to be dismissed if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation does not result in a settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing administrative complaint has been provided by U. S. certified mail, return receipt no. 7007 2680 0002 1015 7897, to Gabrielle's Glen, 8801 North 78th Street, Temple Terrace, FL 33637- 7303, this 14th day of May, 2010. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES a wie Pd woke) Mary Beth’Wehnes Regional Safety Program Manager . State of Florida County of Hillsborough The foregoing instrument was acknowledged before me this \4 day of , 2010 by AiLu ev Wwe hwy who is personally known to me. od SALINA SMITH Signature i a Notary Public eS Bonded Thu Thy Fin insurance 80-385-7018 f

Docket for Case No: 10-004208