STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7011 0470 0002 3594 2977 A Civil Penalty Against Return Receipt Requested Andrea Burke d/b/a Heaven Sent Daycare P.O. Box 42122 Jacksonville, Florida 32203 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Thousand Dollars ($1,000.00), against Andrea Burke, d/b/a Heaven Sent Daycare. 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, Andrea Burke, is licensed to operate Heaven Sent Daycare - License #C04DU0850, located at 2151 Lane Avenue, Suites 102 & 103, Jacksonville, Florida 32210, 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 a complaint investigation conducted on June 21, 2011, a DCF Licensing Counselor, Jackie King, determined that: The facility's vehicle, a black SUV, had seat belts and/or safety restraints for just three (3) children, but was used to transport ten (10) to sixteen (16) children at one time, leaving multiple children unsecured in the vehicle in the event of an accident. 4. FAC Rule 65C-22.001(6)(d), states, the maximum number of individuals transported in a vehicle may not exceed the manufacturer’s designated seating capacity or the number of factory installed seat belts. When transporting, each child must be in an individual factory installed seat belt or federally approved child safety restraint, unless the vehicle is excluded from this requirement by Florida Statue. Pursuant to the Florida Administrative Code Rule 65C- Filed October 18, 2011 11:46 AM Division of Administrative Hearings 22.001 (6)(d), this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #8-Seat Belts/Child Restraints, the fine for this first Class 1 violation is not less than $100.00, nor more than $500.00. However, due to the seriousness of the violation, the fine is being assessed in the amount of $500.00. Violation-II 5. During a complaint investigation conducted on June 21, 2011, a DCF Licensing Counselor, Jackie King, determined that: The number of children being transported in the facility's vehicle, ten (10) or more children, exceeded the manufacturer's designated seated capacity of only five (5) passengers, posing a significant safety risk to the children in care. 6. FAC Rule 65C-22,001(6)(d), states, the maximum number of individuals transported in a vehicle may not exceed the manufacturer's designated seating capacity or the number of factory installed seat belts. When transporting, each child must be in an individual factory installed seat belt or federally approved child safety restraint, unless the vehicle is excluded from this requirement by Florida Statue. Pursuant to the Florida Administrative Code Rule 65C- 22.001(6)(d), this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #8-Seat Belts/Child Restraints, the fine for this second Class 1 violation is not less than $100.00, nor more than $500.00. However, due to the seriousness of the violation, the fine is being assessed in the amount of $500.00. 7. The above referenced violations constitute 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 fines 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 General Counsel P.O. Box 2417 1323 Winewood Blvd., 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, DEPARTMEN) OF CHILDREN AND FAMILIES bt Pamela Buckham 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, 7011 0470 0002 3594 2977 Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this, ay of August, 2011. STATE OF FLORIDA, Pamela Buckham Safety Program Manager 5 SENDER: COMPLETE THIS SECTION B Compiete items 1, 2, and 3, Also complete E COMPLETE THIS. SECTION ON DELIVERY. A. Signature _ (} A oan itern 4 If Restricted Delivery Is desired. TK. {7} ErAy a Print your name and address son the reverse x fn de ta ely & LES \avdgresdee so that we can return the card to you. . ‘ed by ted Ne @ Date of Delve @ Attach this card to the back of the mallplece, 8 fin a ( Printed Name) if are er a or on the front if space permits, a foe C ate } 1. Article Addressed to: ie? ‘SEB AeA Wane IS & © € F 7 \ || SEP 13 201 | Andrea Burke d/b/a EPH o¢ \ Heaven Sent Daycare 0 OF CHILDREN. & caAdut z : P.O. Box 43122 3. Service PSE SURE l Jacksonville, Florida 32203 Ci Certified Mall 1 Express Mall | D Registered CO Return Recelpt for Merchandise CD Insured Mail, (1.6.0.0. | 4, Restricted Delivery? (Extra Fee) 1 Yes l 2, Artlcle Number (Transter from service fabel) wt | ~nua o470 DO0e 3594 247? ; 2 Gren en 609 al PS Form 3811, February 2004 Domestic Return Recelpt ~~ wt 402595-02-M-1640

Docket for Case No: 11-005345