STATE OF FLORIDA DEPARTMENT OF GHILOREN, AND FAMILIES # Stee OF IN THE MATTER OF Certified Mail 7009 3410 0001 6528 4608 A Civil Penaity Against } Return Receipt Requested 2010 oct ss £36 Corporate Family Solutions, Inc. d/b/a +;; Wor Citi Family Center Jacksonville ADMITS TR ATIY - 44000 Citi Cards Way, Bidg. F REARINGS 5 Jacksonville, Florida 32258 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penaity in the amount of Sixty Dollars ($60.00), against Corporate Family Solutions, Inc. d/b/a-Citi Family Center Jacksonville. As grounds for the imposition of this penaity, the Department states the following: 1. The State of Florida, 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, Corporate Family Solutions, Inc. , is licensed to operate Citi Family Center-License # C04DU0623, located at 14000 Citi Cards Way, Bldg. F, Jacksonville , Florida 32258, as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22. Violation-| 3. During an inspection and complaint investigation on June 3, 2010, a DCF Licensing Counselor determined that: Direct. supervision of children in the.one/two year-old group: was inadequate: in that a.one. year old child: was bitten. by. another known bitter, Staff member R.K. did not see the incident as she was completing a diaper change. Staff member A.V. stated that she had her back turned as she was putting items away in a closet and made aware of the incident when the child bitten was heard crying. No staff was able to respond to the needs of the children. 4. FAC Rule 65C-22.004 (5) (a), states, direct supervision means watching and directing children’s activities within the same room or designated outdoor play area and.responding:ta.;: the needs.of each child, Childcare personnel at a facility must be assigned to provide direct supervision to a specific group of children and be present with that group at ail times. Pursuant to the Florida Administrative Code Rule 65C-22.001 (5) (a), this is a Class 2 violation. This same Class 2 violation was previously cited on October 3, 2008 and on December 11, 2009 an Administrative Compiaint (fine) was levied in the amount of $50.00. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #5-Inadequate direct supervision, the fine for this third Class 2 violation is $60.00 per day. The fine being assessed at $60.00 as the occurrence of the violation was one day. 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 referenced 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 Department of Children & Families Department of Children & Families Office of the General Counsel P.O. Box 2417 1323 Winewood Blvd., Bldg. 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) » (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 shalt 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. Pursuant to section 120.573, Florida Statutes, the Department advises that formal mediation is not available for this administrative complaint. However, the Department may consider proposais to resolve the complaint without a formal hearing. 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Docket for Case No: 10-009614