STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7009 3410 0001 6528 3977 A Civil Penalty Against Return Receipt Requested Tanglier Newell 6947 NW CR 229 Starke, FL 32091 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Fifty Dollars ($50.00). As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children and Families, State of Florida, has jurisdiction over Respondents by virtue of the provisions of Chapters 402.301-402.319, Florida Statutes (Fla. Stat.), and Florida Administrative Code (F.A.C.) Rule 65C-20. 2. The Respondent, Tanglier Newell, is licensed to operate a family daycare home located at 6947 NW CR 2293 Starke, FL 32094, in compliance with Chapter 402, Florida Statutes (Fla. Stat.), and Florida Administrative Code (F.A.C), Rule 65C-20. 3. Sec. 402.302(13), Fla. Stat. states: , “Screening” means the act of assessing the background of child care personnel and volunteers and includes, but is not limited to, employment history checks, local criminal records checks through local law enforcement agencies, fingerprinting for all purposes and checks in this subsection, statewide criminal records checks through the Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation. Sec. 402.305(2)(a), Fla. Stat., states: (2) PERSONNEL. --Minimum standards for child care personnel shall include minimum requirements as to: (a) Good moral character based upon screening. This screening shall be conducted as provided in chapter 435, using the level 2 standards for screening set forth in that chapter. Sec. 402.313(3), Fla. Stat., states Child care personnel in family day care homes shall be subject to the applicable screening provisions contained in ss. 402.305(2) and 402.3055. For purposes of screening in family day care homes, the term includes any member over the age of 12 years of a family day care home operator's family, or persons 1 Filed January 20, 2011 9:01 AM Division of Administrative Hearings over the age of 12 years residing with the operator in the family day care home. Members of the operator's family, or persons residing with the operator, who are between the ages of 12 years and 18 years shall not be required to be fingerprinted, but shall be screened for delinquency records. 6. Rule 65C-20.008(3), F.A.C., states in relevant part: (3) A submitted CF-FSP Form 5133 will not be considered complete until the licensing authority receives proof of background screening clearance on the operator of the family day care home, substitutes, and on all other household members who are subject to background screening pursuant to Section 402.313(3), F.S. If the designated substitute changes during the licensure year, prior to taking care of children, the new designated substitute for the operator must comply with background screening requirements and the licensing authority must receive proof of background screening clearances. (b) Re-screening: A screening conducted under this rule is valid for five years, at which time a statewide re-screen must be conducted. 1. The five year re-screen is required for the operator, household members and all substitutes. 2. The five year re-screen must include, at a minimum, a statewide criminal records checks through the FDLE and a local criminal records check. 3. CF Form 1649A, Child Care Attestation of Good Moral Character must be completed annually. A copy of the CF Form 1649A may be obtained from the department's website at www.myflorida.com/childcare. 4. Documentation/clearance from the five year re-screening must be included in the department's licensing file. (c) An operator, substitute and all household members must be re-screened as outlined in Section 402.313, F.S., following a break in operation of the family day care home that exceeds 90 days. 7. The Respondent is fined $50.00 for a second Class |! violation within a two year period of F.A.C. 65C-20.008(3)b) and §§ 402.302(13); 402.305(2)(a) and 402.313, Fla. Stat. During an inspection on October 19, 2010, the Respondent failed to provide to the Depart- ment’s licensing counselor documentation of the five year re-screen for the Respondent and her husband. The Respondent was previously cited and provided technical assistance for the same violation on October 5, 2010. 8. The above referenced violations constitute grounds to levy this Civil Penaity pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes at the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 9. Payment of this fine should be made by cashier’s check or money order made payable to the Department of Children and Families and delivered to Department of Children and Families/Child Care Licensing, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231-0083 within thirty (30) days of receipt of this administrative complaint. 8. You have the right to contest this Civil Penalty through an administrative hearing pursuant to Chapter 120, Florida Statutes. To request an appeal hearing you must submit a written request within 21 calendar days of receipt of this Administrative Complaint. To initiate this formal review process, a petition for formal hearing must be received by the following individual within the twenty-one (21) day time frame: Lucy Goddard-Teel Assistant Regional Counsel Department of Children & Families 1000 NE 16 Avenue, Bldg. J #3 Gainesville, FL. 32601 IF YOU DO NOT REQUEST A HEARING, YOUR RIGHT TO APPEAL THIS CIVIL PENALTY WILL BE COMPLETELY BARRED. 9. Your request for an administrative hearing must conform to the requirements of F.A.C. Rules 28-106.101 and 28-106.301 and must state what issues and material facts you dispute. According to those rules, the written request for hearing must contain the following information: 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 person who is asking for the hearing (the petitioner); c. The name, address and telephone number of the petitioner’s representative, if any; d. An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; e. A statement of when and how the petitioner received notice of the agency decision; f. A statement that the petitioner does not dispute the facts upon which the agency telied but that s/he wants to exercise the right to he heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute; g. A concise statement of the facts as the petitioner perceives them to be, including the specific facts set out by the agency that the petitioner wants the agency to reverse or change; h. A statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and i. A statement specifying what action the petitioner wants the agency to take in the matter. Finally, in accordance with Chapter 120, Florida Statutes, all parties to this cause have the opportunity to respond, to present evidence and argument of all issues of involved, to conduct cross-examination and submit evidence, to submit proposed findings of facts and order, to file exceptions to any order of a hearing officer's recommended order, and to be represented by counsel (at your expense). In addition, you have the right to have subpoenas and subpoenas duces tecum issued. Pameldé Buckham Family Safety Program Manager/ Northeast Region Child Care Licensure CERTIFICATE OF SERVICE the licensee by U.S. Certified Mail # 7009 3410 00016528 3977 , Return Receipt Requested, in | HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished to accordance with ss. 120.60(3), Florida Statutes (2008) this (77 day Pamela Buckham Family Safety Program Manager

Docket for Case No: 11-000271