IN THE MATTER OF

A Civil Penalty Against

STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILIES

Certified Mail 7009 3410 0001 6528 601t Return Receipt Requested

Angelia Brown d/b/a

Kings & Queens Childcare & Learning Center

3325 Plateau Street

Jacksonville, Florida 32206

ADMINISTRATIVE COMPLAINT

YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Fifty Dollars ($ 50.00), against Angelia Brown d/b/a-Kings & Queens Childcare & Learning Center. 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, Angelia Brown, is licensed to operate Kings & Queens Childcare &

   ( Learning Center -License# C04DU0012, located at 3325 Plateau Street, Jacksonville, Florida, 32206, 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 September 3, 2010, a DCF Licensing Counselor determined that

   
   

   The facility failed to maintain the required 35 square feet per child in areas occupied by children. Specifically, seven (7) children were observed to occupy a room with the room capacity of four (4). This room is not designated to be a common or multipurpose area. Hence, the room capacity was exceeded by three (3) children. The person in charge was advised of this violation. A subsequent visit to the facility verified correction of this violation.

   
   

4. FAC R!!le 65C-22.002 (3) (a) & (c), states, a child care facility that did not hold it valid license on October 1, 1992 and seek regulatory approval to operate as a child care facility, must have a minimum square footage per child, each room that is routinely occupied by children must also have a minimum of 20 square feet or 35 square feet whichever is applicable per child at all times, pursuant to Section 402.305 (6), F.S. Pursuant to the Florida

   Administrative Code Rule 65C-22.002 (3), this is a Class 2 violation. This same Class 2 violation was previously cited on April 21, 2010. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, ltem.#2-Licensed capacity, the fine for this second Cass 2 violation is $50.00.

   
   

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 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 FORAN 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

Chief Legal Counsel

Department of Children & Families

P.O. Box 2417

Jacksonville, FL. 32231-0083

Gregory D. Venz, Agency Clerk Department of Children & Families Office of the General Counsel

1323 Winewood Blvd., Bldg. 1, Suite 407

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:

1. The name and address of each agency affected and each

   ( agency's file or identification number, if known;

2. 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;

3. A statement of when and how the petitioner received notice of the agency decision;

4. A statement of all disputed issues of material facts. If there are none, the petition must so indicate;

5. 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;

6. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action; and

7. 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.

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 6015 l}?!urn Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005}, this cf'dy of October, 2010.

STATE OF F ;IDA,

DEPARTME / F CHILDREN & FAMI

              /1w.-t,

Pamela uckham

Safety Program Manager

Docket for Case No: 10-010855