wo . + 4 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES IN THE MATTER OF: A Civil Penalty Against Cert. No.: 7007 0710 0000 5241 5403 Aventura Learning Center Inc.-ALC I! Jessica A. Byers, Director 2320 NE 171 Street North Miami Beach, FL 33160 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department of Children and Family Services (‘Department’) has imposed a Civil Penalty in the total amount of $ 100.00. As grounds for the imposition of this penalty, the Department states the following: 1. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in section 402.310, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. 2. Petitioner, the Department, is the administrative agency of the State of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes. 3. The Respondent, Aventura Learning Center Inc.-ALC II is licensed to operate a child care facility at 2320 ne 171 Street, North Miami Beach, Florida 33160 under the provisions of Chapter 402, Florida Statutes. The Department issued license number C1 1MD0709 to Respondent effective 12/27/2010 through 12/26/2011. 4. This case arises from Respondent's failure to comply with Sections 402.301-402.319, Florida Statutes with respect to licensure requirements. Violation 1: Supervision, Class ! 5. During a complaint inspection of 9/26/2011, the facility was cited for a violation of Standard #5, Supervision, as the child A.R. was not adequately supervised in that the child left the facility premises without the knowledge or awareness of staff. 6. The acts and practices described are Class | violations of Rule 65C-22.001(5)(a) of the Florida Administrative Code which states that direct supervision means watching and directing children’s activities within the same room or designated outdoor play area, and responding to the needs of each child. Child care personnel at a facility must be assigned to provide direct supervision to a specific group of children, and be present with that group of children at all times. When caring for school-age children, child care personnet shall remain responsible for the children in care, shall be capable of responding to emergencies, and are accountable for children at all times, including when children are separated from their groups 7. Florida Administrative Codes 65C-22.010 and 65C-20.012 entitled “Enforcement” mandates the imposition of a $100.00 fine for the first, Class | violation. Therefore, the Department is imposing a fine of $100.00 for this violation. : 8. Payment of this fine can be made directly to the Department of Children and Family Services, Child Care Licensing Unit, 401 NW 2" Ave, Suite N-1026, Miami, FL 33128. Filed June 21, 2012 7:51 AM Division of Administrative Hearings ~ 5 . NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES iF YOU BELIEVE THE DEPARTMENT'S DECISION 1S !N 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 at 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: Florida Department of Children and Family Services Regional Legal Counsel’s Office ATTN: Carlos A. Garcia, Esq. 401 N.W. 2™ Avenue, Suite N-1014 Miami, Florida 33128 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} Aconcise 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 copy of the foregoing administrative compiaint has been provided by U. S. certified mail, return receipt no. 7007 0710 0000 5241 5403 to Aventura Learning Center Inc.- ALC Il, c/o Jessica Byers (Director), 2320 NE 171 St .North Miami Beach, Florida 33160, this 23 day of November 23, 2011. Suzette Frazier => Regional Program Safety Manager Florida Department of Children and Families

Docket for Case No: 12-002181