IQ &ALG STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7009 3410 0001 6528 7289 A Civil Penalty Against Return Receipt Requested Trucitia Galloway d/b/a Galloway Family Daycare Home $859 Old Kings Road S. #801 Jacksonville, Florida 32257 ADMINISTRATIVE COMPLAINT B41 Rd L- das Ob ¢ 4 YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Six Hundred Dollars ($600.00) against Trucilia Galloway d/b/a Galloway Family Daycare Home. As grounds for the imposition of this penalty, the Department states the following: 4. The Department of Children and Families (DCF) has jurisdiction over this matter by virtue of the provisions of Sections 402.301 — 402.319, Florida Statutes. 2. The Respondent, Trucilla Galloway, is licensed to operate Galloway Family Day Care-License # F04DU1006, located at 8859 Old Kings Road, S. #801, Jacksonville, Florida, 32257, as a Family Day Care Home in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-20. Violation 3. During an inspection on May 28, 2010, a DCF Licensing Counselor determined that: The outdoor play area that required fencing was not safe and adequate in that the portion of the : entrance gate was missing allowing children to leave the play area. The repair was to be completed by May 14, 2010, as noted on the routine inspection conducted on May 6, 2010 where the violation was originally cited. On subsequent follow up with the provider via telephone conversation on May 28, 2010 the gate had not been repaired. The outdoor play area fence remained not safe and adequate for a total of ten (10) operational days. The fence was subsequently repaired. 4. FAC Rule 65-20.010 (1) (f), states, Family Daycare Homes caring only for infants under 12 months of age shall not be required to have an outdoor play area; however, infants in care shall be provided opportunities for outdoor time each day that weather permits. For all other Family Daycare Homes, including those proving evening car, the outdoor play area shall Daycare Home property borders any of the following. Pursuant to the Florida Administrative Code Rule 65C-20.010 (1) (f), this is a Class 2 violation. This same Class 2 violation was previously cited on October 24, 2008 and May 6, 2010. Pursuant to the Family Daycare Home Standards Classification Summary, CF-FSP Form 5318, Item #11-Fencing not safe, adequate, the fine for this third Class 2 violation is $60.00 per day, The repair was to be completed by May 14, 2010, as noted on the routine inspection conducted on May 6, 2010 where the violation was originally cited. On subsequent follow up with the provider via telephone conversation on May 28, 2010 the gate had not been repaired. The outdoor play area fence remained not safe and adequate for a total amount of (10) ten operational days, totaling the amount of $60.00 per day at $600.00. 5. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes as the above referencéd conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 6. Payment of money order or cashier’s check for this fine can be made directly to the Department of Children and Family Services. The mailing address is: 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure. 7. Failure to pay the fine imposed in this Administrative Complaint will result in an automatic non-renewal of the license referenced above. NOTICE OF RIGHTS 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 CALENDAR 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: David Tucker Gregory D. Venz, Agency Clerk Chief Legal Counsel Depariment of Children & Families Department of Children & Families Office of the General Counsel P.O. Box 2417 4323 Winewood Bivd., Bidg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 Please note that a request for an administrative hearing must comply with section 120.569(2) (0), 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; 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) Astatement 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 28-108.201(4), Florida Administrative Code, require that a petition to be dismissed if it is not in substantial compliance with the requirements above. Pursuant to section 120.573, Florida Statutes, the Department advises that formal mediation is i not available for this administrative complaint. However, the Department may consider proposals to resolve the complaint without a formal hearing. STATE OF FLORIDA, Pamela Buckham Safety Program Manager CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 7009 3410 0001 6528 7289, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this 27 day of July, 2010. STATE OF FLORIDA, DEPARTM) OF CHILDREN & FAMILIES Gyre Pamela Buckham Safety Program Manager

Docket for Case No: 10-008916