STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF: A Givil Penalty Against RCMA Farm Worker Village C Child Development Center - Marisol Mendoza : COLLIER COUNTY ADMINISTRATIVE COMPLAINT Nature of the Case 1. This case arises from the Child Care Facility’s failure to comply with Section 402.305, Florida Statutes, and Rule 65C-22 Child Care Standards. 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 December 16, 2008, Juanita Garcia, identifying herself as the applicant/director of RCMA Farm Worker Village C, made application to operate a facility known as RCMA Farm Worker Village C at 2225 Chadwick Circle, Immokalee, FL 34142. On January 26, 2009, the Department issued an annual license, #C20C09912, effective February 1, 2009 through January 31, 2010. On December 3, 2009, Marisol Mendoza, identifying herself as the applicant/director of RCMA Farm Worker Village C, made application to operate a facility known as RCMA Farm Worker Village C at 2225 Chadwick Circle, Immokalee Florida, 34142. On January 27, 2010, the Department issued an annual license, #C20C09912, effective February 4, 2010 through January 31, 2011. On August 4, 2010, an annual license was issued reflecting the change in the fictitious name of the facility to RCMA Farm Worker Village C Child Development Center. 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. During a renewal inspection on January 22, 2010, the facility was cited for non-compliance in regard to Fencing. The facility’s outdoor play space Filed January 12, 2011 2:14 PM Division of Administrative Hearings was not entirely enclosed with fencing a minimum of four feet in height. The fence measured 42 or 43 inches in several areas. There was also a gap that could allow children to exit the outdoor play area. The fence on the right side by the road had loose fencing and the gate did not close. tight enough to prevent children from injury. Both of these violations were first occurrences for the Class II violations and Administrative Warnings were issued at that time. During a re-inspection on March 16, 2010, the facility was cited for non- compliance in regard to Fencing. The facility's outdoor play space was not entirely enclosed with fencing a minimum of four feet in height. The fence measured 42 or 43 inches in several areas. There was also a gap that could allow children to exit the outdoor play area. The fence on the right side by the road had loose fencing and the gate did not close tight enough to prevent children from injury. These were the second occurrences of these Class I! violations. The acts and practices described in paragraphs 6 are violations of Florida Administrative Code 65C-22.002(4)(e) which states, “The outdoor play area shall have and maintain safe and adequate fencing or walls a minimum of four (4) feet in height. Fencing, including gates, must be continuous and shall not have gaps that would allow children to exit the outdoor play area. The base of the fence must remain at ground level and be free from erosion or build-up to prevent inside or outside access by children or animals.” For violations of the fence not being four feet in height, the Department hereby imposes a fine of $50.00. For violations of the fence having gaps that would allow children to exit the play area, the Department hereby imposes a fine of $50.00 TOTAL ADMINISTRATIVE FINE: $100.00 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 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: . Department of Children and Families. 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 Counsel 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 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; (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; ‘ . . . (e) 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 (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. | hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt Requested, Certificate # 7008 2810 0000 1751 7205, this 17th day of December, 2010 to RCMA Farm Worker Village C Child Development Center, Marisol Mendoza, 402 West Main Street, Immokalee, FL 34142. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Mary Bai Wehnes Regional Safety Program Manager State of Florida . County of Hillsborough T oregoing instrument was acknowledged before me_ this | imal day of (Sororniser , 2010 by fi who is personally known to me. Notary Public CC: Eugenie Rehak, DCF Legal Counsel Alice Parrish, Child Care Licensing- Supervisor Retum Recelpt Fee (Endorsement Required) stricted Delivery Fee (Eniorsoment Required) ‘Total Postage & Fees

Docket for Case No: 11-000211