|O- 1023/ STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7009 3410 0001 6528617 A Civil Penalty Against Return Receipt Requested S Neshia Brown & LaTonya Oglesby d/b/a Lit Angels Child Care 1087 Mason Avenue Daytona Beach, Florida 32114 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Thousand Three Hundred Forty-Five Dollars ($1,345.00), against Neshia Brown & LaTonya Oglesby d/b/a Lil Angels Child Care. As grounds for the imposition of this penalty, 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, Neshia Brown & LaTonya Oglesby, is licensed to operate Li!’ Angels Child Care -License # C07V00258, located at 1087 Mason Avenue, Daytona Beach, Florida 32114, 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 on July 13, 2010, a DCF Licensing Counselor determined that: Staff member D.B., hired April 27, 2008, did not complete the required 40 Hour Clock Hour Introductory Child Care Training requirements. 4. FAC Rule 65C-22. 006 (4) (d) (2), states, within 90 days after employment, childcare personne! shall begin training to meet the training requirement.” Begin training for childcare personne!’, refers to a candidate’s commencement of at least one (1) of the childcare training courses listed in s. 402.305 (2) (d), F.S. This may be accomplished by classroom attendant, acquiring an educational exemption from training, beginning a department-approved competency examination within the first 90 days of employment in the childcare industry. Pursuant to the Florida Administrative Code Rule 65C-22.006 (4) (d) (2), this is a Class 3 violation. This same Class 3 violation was previously cited on December 16, 2009 and April 13, 2010. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item # 41-Introduction course not completed, the fine for this third Class 3 violation is $25.00. Violation-Il 5. During an inspection on July 13, 2010, a DCF Licensing Counselor | determined that: Level 2 Background screening (FBI Clearance & FDLE) was missing for staff member G.O., hired (unable to determine) as staff did not have a file. 6. FAC Rule 65C-22. 003 (1) (c), states, all employees in positions designated by law as positions of trust or responsibility shail be required to undergo security background investigations as condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, fingerprinting for all purposes and federal criminal records checks through the Federal Bureau of Investigation and may include Local Criminal Records Checks through Local Law Enforcement agencies. Pursuant to Florida Administrative Code Rule 65C-22.003 (1), this is a Class 2 violation. This same Class 2 violation was previously cited on April 9, 2009 and August 14, 2009. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #60-Missing level 2 screening, the fine for this third Class 2 violation is $60.00 per day for a total of 22 days from July 13, 2010 until August 12, 2010 when screening was submitted and cleared for an assessed amount of $1,320.00. The Administrative Complaint for second violation on August 14, 2009 was not levied. 7. 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. 8. 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. 9. 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 Genera! Counsel P.O. Box 2417 1323 Winewood Bivd., 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 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) 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 proposals to resolve the complaint without a formal hearing. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Safety Program Manager CERTIFICATION OF SERVICE !' HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 7009 3410 0001 6528 5179, geetun Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this 2/44day of October, 2010. STATE OF FLORIDA, DEPAI ENT OF CHILDREN & FAMILIES Safety Program’ Manager

Docket for Case No: 10-010231