01005 STATE OF FLORIDA vo E DEPARTMENT OF CHILDREN ES 2 IN THE MATTER OF: A Civil Penalty Against mS Love & Laughter Learning Center, Inc. LEE COUNTY ADMINISTRATIVE COMPLAINT Nature of the Case 1. This case arises from the Child Care Facility’s failure to comply with Chapters 402 and 435, Florida Statutes, and Rule 65C-22, Florida Administrative Code. 2. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Chapter 402.310, Florida Statutes. 3. The State of Florida, Department of Children and Families, is the administrative agency of the State of Florida charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes. 4. On January 24, 2008, Michele Wedemeyer, identifying herself as the owner for Love & Laughter Learning Center, Inc., made application to the Department to operate a child care facility known as Love & Laughter Learning Center, Inc. at 1313 Laurel Drive, North Fort Mz2rs, FL 33917. On February 14, 2008, an annual license was issued, Certificate #C20LE6752, which was valid until February 28, 2009. On January 15, 2009, Michele Wedemeyer, identifying herself as the owner for Love & Laughter Learning Center, Inc., made application to the Department to operate a child care facility known as Love & Laughter Learning Center, Inc. at 1313 Laurel Drive, North Fort Myers, FL 33917. On February 10, 2009, an annual license was issued, Certificate #C20LE6752, which was valid until February 28, 2010. On January 29, 2010, Michele Wedemeyer, identifying herself as the owner for Love & Laughter Learning Center, Inc. made application to the Department to operate a child care facility known as Love & Laughter learning Center, Inc. at 1313 Laurel Drive, North Fort Myers, FL 33917. On February 17, 2010, an annual license was issued, Certificate #C20LE6752, which is valid until February 28, 2011. 5. Progressive Enforcement for repeated violations of child care licensing standards became effective on July 1, 2008. All licensed providers received a copy of the new standards in 65C-22 Administrative Code and 402 Florida Statutes, governing child care. All providers were invited to attend provider meetings for detailed explanations of how the changes would affect them and how progressive enforcement would be handled by child care licensing throughout the State of Florida. 6. The licensing counselor conducted a routine inspection on May 21, 2009. The facility was cited for non-compliance with licensing standard #60, Background Screening Documents. Documentation of Level 2 screening was missing for one employee. Y.R. had transferred from a religious exempt facility and started at the current licensed facility on 5/8/09. However, FDLE clearance was not on file nor had it been submitted within ten days of hire. This was the first occurrence of this Class I violation and an Administrative Warning was issued. A routine inspection was conducted on June 14, 2010. The facility was cited for non-compliance with licensing standard #60, Background Screening Documents. Documentation of Level 2 screening was missing for one employee. P.R. had been a volunteer at the facility from 1/5/09 to 2/9/10. On 2/9/10, she was hired as Kitchen staff but did not have current FDLE on file. In addition, one employee, E.H., did not have local law clearance either submitted or cleared within ten days of hire. E.H. had been hired on 5/27/10. This was the second occurrence of this Class II violation. 7. The acts and practices described in paragraph 6 are violations of Florida Administrative Code 65C-22.006(4)(d)(1) which states in part, “Level 2 screening as defined in Section 435.04, F.S., which includes at a minimum Federal Bureau of Investigations (FBI), Tlorida Department of Law Enforcement (FDLE), ané local law enforcement records checks.” Florida Statutes 435.05(1)(a)(c) states in part, “Every person employed in a position for which employment screening is required must, within 5 working days after starting to work, submit to the employer a complete set of information - necessary to conduct a screening under this section. For level 2 screening, the employer or licensing agency must submit the information necessary for screening to the Florida Department of Law Enforcement within 5 working days after receiving it. The Florida Department of Law Enforcement will conduct a search of its criminal and juvenile records and will request that the Federal Bureau of Investigation conduct a search of it records for each employee for whom the request is made. The Florida Department of Law Enforcement will respond to the employer or licensing agency, and the employer or licensing agency will inform the employee whether screening has revealed disqualifying information.” In this matter, the Department hereby imposes a fine of $50.00 for the second occurrence of this Class II violation for Background Screening Documents. TOTAL ADMINISTRATIVE FINE: $50.00 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 Ky NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN \¥ WO THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING. v G Ac e You may submit your request for an administrative hearing to the Department at \© _ the following addresses: G chr a: As > Department of Children and Families Qyy Legal Counsel (Attention: Eugenie Rehak) Post Office Box 60085 Fort Myers, FL 33906 Department of Children and Families Agency Clerk (Attention: Greg Venz) Office of General Counsei 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 Please note that a request for ar 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; A statement of all disputed issues of material facts. If there are none, the petition must So indicate; (f) 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; (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 (e ~~ (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 28-106.201(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 I hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt Requested, Certificate # 7008 2810 0000 1751 7038, this 6th day of October, 2010 to Penny Greene, Director, Love and Laughter Learning Center, 1313 Laurel Drive, North Fort Myers, FL 33917. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES 4 Wo Dehn, NK W's. - @ Mary BethWeh Pp ¢ Regional Safety Program Manager Ng S$’ \e \o a rae State of Florida County of Hillsborough ged before mi opis Notary Public CC: Eugenie Rehak, DCF Legal Counsel Alice Parrish, Child Care Licensing Supervisor

Docket for Case No: 10-010093