STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7011 0470 0002 3594 4902 A Civil Penalty Against Return Receipt Requested Lillie Huntley d/b/a Emerald City Learning Center 5411 Soutel Drive Jacksonville, Florida ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Six Thousand and Ninety Dollars ($6,090.00), against Lillie Huntley, d/b/a Emerald City 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, Lillie Huntley, is licensed to operate Emerald City Learning Center - License #C04DU0675, located at 5411 Soutel Drive, Jacksonville, Florida, 32219 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-I 3. During an inspection on June 3, 2011, a DCF Licensing Counselor, Nancy Starling, determined that: A bleach-water bottle was being stored the under changing table in the Infant Room and the child safety lock was not secured. 4. FAC Rule 65C-22.002(1)(f), states, all potentially harmful items, including cleaning supplies, flammable products, poisonous, toxic and hazardous materials must be labeled. These items, as well as knives and sharp tools and other potentially dangerous hazards, shall be stored in a locked container or locked area that is inaccessible to children. Pursuant to the Florida Administrative Code Rule 65C-22.002(1)(f), this is a Class 2 violation. This same Class 2 violation was previously cited on February 2, 2011. Pursuant to the Child Care Facility Filed November 10, 2011 4:03 PM Division of Administrative Hearings Standards Classification Summary, CF-FSP Form 5316, Item #15-Toxic Substances and Hazardous Materials, the fine for this second Class 2 violation is $50.00. Violation-il 5. During an inspection on June 3, 2011, a DCF Licensing Counselor, Nancy Starling, determined that: The diaper pail storing soiled disposable diapers was accessible to the children in the Infant Room. 6. FAC Rule 65C-22.002(8), states, soiled disposable diapers shall be disposed of in a plastic lined, securely covered container that is not accessible to children. The container shall be emptied, cleaned and sanitized or disinfected at least once daily. Pursuant to the Florida Administrative Code Rule 65C-22.002 (8), this is a Class 2 violation. This same Class 2 violation was previously cited on June 28, 2010. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #38-Diaper Disposal, the fine for this second Class 2 violation is $50.00. Violation-lll 7. During an inspection on June 3, 2011, DCF Licensing Counselor, Nancy Starling, determined that: Two (2) children, K.B. and J.S., did not have copies of DH Form 3040 Student Health Examination on file. 8. FAC Rule 65C-22.006(2), states, the childcare facility is responsible for obtaining for each child in care, a current, complete, and properly executed Student Health Examination Form DH 3040 (June 2002), which is incorporated herein by reference from the parent or legal guardian or a signed statement by authorized professionals that indicates the result of the components of the Student Health Examination form are included in the health examination. The Student Health shall be completed by a person given authority to perform health examinations. Pursuant to the Florida Administrative Code Rule 65C-22.006 (2) (a), this is a Class 3 violation. This same Class 3 violation was previously cited on October 26, 2009, February 4, 2010 and June 28, 2010. Pursuant to the Child Care Facility Standards ‘ Classification Summary, CF-FSP Form 5316, item #57-Children’s Heaith/immunization and Records, the fine for this fourth Class 3 violation is $30.00 for each violation. Violation-IV 9. During an inspection on June 3, 2011, DCF Licensing Counselor, Nancy Starling, determined that: Two (2) children, J.S. and K.B., had either expired or missing Form DH680 Florida Certification of Immunization on file. 10. FAC Rule 65C-22.006(2)(c), states, the childcare facility is responsible for obtaining for each child in care, a current, complete, and properly executed Florida Certification of Immunization Form Part A-1, B, or C, DH 680 (July 2001), or Religious Exemption Immunization Form, DH 681 (May 1999), which are incorporated herein by reference, from the custodial parent or legal guardian. DH Form 680 and DH Form 681 may be obtained from the local county health department. Immunizations received out of state are acceptable, however, immunizations must be documented on the Florida Certification of Immunization Form and must be signed by a physician practicing in the State of Florida. If the custodial parents or legal guardians fail to provide the documentation required in paragraph (a) or (c) above within 30 days of enrollment, the facility shall not allow the child to remain in the program. Pursuant to the Florida Administrative Code Rule 65C-22.006 (2) (c), this is a Class 3 violation. This same Class 3 violation was previously cited on October 26, 2009, February 4, 2010, June 28, 2010 and February 2, 2011. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #57-Children’s Health/Immunization and Records, the fine for this fifth Class 3 violation is $40.00 per day. Therefore, the fine is being assessed in the amount of $40.00 per day for a total of one hundred and forty-nine (149) days as the date for thirty (30) days after enroliment would have been October 13, 2010 and the record was not obtained until June 6, 2011, totaling 149 days at $40.00 a day is $5,960.00. 11. 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. , 12. 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. 13. 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 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) Aconcise 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 F IDA, DEPARTMENT @F CHILDREN/AND FAMILIES L— Pamela Buckham Safety Program M&nager 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 ns UB rn Receipt Requested, in accordance id with ss. 120.60(3), Florida Statutes (2005), this f July, 2011. STATE OF FLORIDA, DEPARTMENT OP\CHILDREN & FAMILIES La Pamela Buckham Safety Program Manager | CERTIFICATION OF SERVICE THIS WILL CERTIFY that a copy of te | was served upon nee by ie. | ta at_C4O~(a-MIP.M., on Ue ae 2 MENT CF CHILDREN & FAMILIES CHILDCARE LICENSURE pecsvey 7 DEPART

Docket for Case No: 11-005769