STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7011 0470 0002 3594 7095 A Civil Penalty Against ; Return Receipt Requested Englewood Christian Church d/b/a Total Learning Center 4316 Barnes Road Jacksonville, Florida 32207 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Five Hundred Dollars ($500.00), against Englewood Christian Church, d/b/a Total 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, Englewood Christian Church, is licensed to operate Total Learning Center - License #C04DU0397, located at, 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 February 21, 2012, a DCF Licensing Counselor, Rosebud Hilliard, determined that: Staff member J.L., hired September 3, 2002, was observed by other staff members, including the director, to have been supervising children while under the influence of a substance that impaired her ability to provide safe child care. J.L. left her four (4) and five (5) year old classroom unattended for a period of more than twenty (20) minutes, presumably while she was in the restroom. J.L. exhibited slurred speech, dazed eyes, and an odor of alcohol emanating from her body. J.L. admitted to drinking heavily the night before the incident. Direct supervision of the children in care was inadequate due to J.L.’s diminished capacity, related to alcohol. 4. FAC Rule 65C-22.001(5)(a), states, direct supervision means watching and directing children’s activities within the same room or designated outdoor play area and responding to Filed May 15, 2012 3:30 PM Division of Administrative Hearings the needs of each child. Childcare personnel at a facility must be assigned to provide direct supervision to a specific group of children and be present with that group at all times. When caring for school age children, childcare personnel shall remain responsible for the supervision of the children in care and capable of responding to emergencies, and are accountable for children at all times, including when children are separated from their groups. Pursuant to the Florida Administrative Code Rule 65C-22.001(5)(a), this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #5- Supervision, the fine for this first Class 1 violation is not less than $100.00, nor more than $500.00. Due to the severity of the violation, this fine is being assessed at the amount of $500.00. 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 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, DEPARTMENT)OF CHILDREN AND FAMILI m Pamela Buckhai 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 7095 Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this 7/ “day of April, 2012. STATE OF FLORIDA, DEPARTMEN® OF CHILDREN & FAMILIES Safety Program Manager GOMPLETE THIS SECTION.ON. DELIVERY. ‘Cor PLETE THIS SECTION a x Completa Items 1, 2, and 3, Also complete item 4 If Restricted Delivery {s desired. 2, H, in 1 81 Print your name and address on the reverse OO Addresseo so that we can return the card to you. C. Datgof Delivery | & Attach this card to the back of the mallplece, dA ; a) |__ oron the front If space permits. / : 7, article Addressed to: ei is = or a tem 121 wes i g ey Her sy dress below: [No i 4.9 2012 : PT. OF CHILDREN & FAMILIE . \y Total Learning Center a Y 4316 Barnes Road Jacksonville, Florida 32207 Oo Certified Mall [1] Express Mail CO Registered C] Return Recelpt for Merchandise 1 Insured Mall (1 6.0.0. 4. Restricted Delivery? (Extra Fee) - 0 Yes 102695-02-M-1640

Docket for Case No: 12-001711