STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF: A Givil Penalty Against Ana's Little Angels Inclusion Learning Center, Inc. GOLLIER COUNTY ADMINISTRATIVE COMPLAINT Nature’ of the Case 1. This case arises from the Child Care Facility’s failure to comply with Sections 402 and 435, Florida Statutes, and/or Chapter 65C-22, Florida Administrative Code. 2. This is an administrative action’ for imposition of civil penalties per known incidents of occurrence as authorized in Section 402.310, Florida Statutes. 3. The Florida Department of Children and Families is the administrative agency of the State of Florida charged with the duty to enforce and administer the provisions of Sections 402 and 435, Florida Statutes, and Chapter 65C-22, Florida Administrative Code. (i 4. On October 27, 2009, Ana Zamora, identifying herself as the designated corporate representative for Ana’s Little Angels Inclusion Learning Center, Inc., made application to the Department to operate a child care ‘facility known as Ana's: Litte Angels Inclusion Learning Center, Inc., located at 2400 Kirkwood Avenue, Naples, FL 34112. On October 30, 2009, an annual license was issued, certificate #C20C00063, which was valid from November 1, 2009 through October 31, 2010. The license has been renewed annuaily thereafter, with the current license, certificate #C20CO0063 issued on October 27, 2011, being valid from November 1, 2011 through October 31, 2012. 5. Progressive Enforcement for repeated violations of child care licensing standards went into effect on July 1, 2008. All licensed providers received a copy of the new standards in Chapter 65C-22, Florida Administrative Code, and Sections 402 and 435, Florida Statutes, governing child care. All providers were invited to attend provider meetings for detailed explanations of how the changes would affect them and how progressive enforcement would be handled by child care licensing throughout the State of Florida. Any child care facility that was licensed after July 1, 2008 receives this information/documentation in the initial licensing application packet, receives technical assistance from the licensing counselor regarding how progressive enforcement works at the time of initial licensure, and signs for receipt of this information/documentation. 6. The Department completed a routine inspection on January 24, 2011. The facility was cited for noncompliance in the area of Background Screening (#60) for failing to have a current Level 2 screening, which includes FB! and FDLE, on file on site for three staff members (I.E. — date of hire November 26, 2010; B.M. — Filed October 29, 2012 12:15 PM Division of Administrative Hearings date of hire January 3, 2011; and I.P. — date of hire January 3, 2011). This was the first oecurrence of this Class 2 violation within a 2-year period. As such, an administrative warning was issued, notifying the facility that the next violation of this same standard within a 2-year period would result in the imposition of an administrative fine. Technical assistance was given at the time of inspection. The Depariment completed a reinspection on February 22, 2011. The ’ facility was cited-for noncompliance in the area of Background Screening (#60) for failing to have a Current Level 2 screening, which includes FBI and FDLE, on file for three staff members (I.E. — date of hire November 26, 2010; B.M. — date of hire January 3, 2011; and I.P. — date of hire January 3, 2011). This was the second Occurrence of this Class 2-violation within a 2-year period. As such, an administrative fine in the snout of $50 was issued on | March 7, 2041. The Department coleiiinds a routine inspection on January 19, 2012. The facilily was cited for noncompliance in the area of Background Screening (#60) for failing to have a current Level 2 screening, which includes FBI and FDLE, on file for One staff member (M.D. - date of hire January 10, 2012), Staff Member M.D. did not clear Level 2 screening until January 31, 2012. Therefore, there were 21 days of noncompliance. This was the third occurrence of this Class 2 - , violation As such, an administrative fine in the amount of $1,260.00 was issued on March 20, 2012. The Department completed a routine inspection on May 30, 2012. The facility was cited for noncompliance in the area of Background Screening (#60) for failing to have a current Leve)] 2 screening, which includes FB! and FDLE, on file for one staff member (J.L. ~ date of hire February 9, 2012). This is the fourth occurrence of this Class 2 violation within a 2-year period. As such, further admin{strative action is warranted at this time. 7. The acts and practices described In paragraphs above are violations of Chapter 65C-22.006(4), which states in part, (4) Personnel Records. Records shall be maintained and kept current on all child care personnel, as defined by Section | 402.302(3), F.S., and household members if the facility is located in a private residence, These shall include:... (d)1. Level 2 screening as defined in Section 435.04, F.S., which includes at a minimum Federal Bureau of Investigations (FBI), ‘Florida Depariment of Law Enforcement (FDLE) ), and local law enforcement records checks.” The acts and practices described in paragraphs above are violations of Florida Statute 435.04(1)(a), which states, “All employees required by laW to be screened pursuant to this section must undergo’ security background investigations as a condition of employment ‘and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.” The acts and practices described in paragraphs above are violations of Florida Statute 435.06(2)(a), which states, "An employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires background screening until the screening process is completed and demonstrates the absence of any grounds for the denial or termination of employment. if the screening process shows any grounds for the denial or termination of employment, the employer may not hire, select, or otherwise allow the employee to have contact with any vulnerable person that would place the employee in a role that requires background screening unless the employee is granted an exemption for the disqualification by the agency as provided under s. 435.07. In this matter, the Department hereby imposes a fine of $75 per day for the 79 days of noncompliance (J.L. - date of hire 2/9/12; date of inspection when violation was discovered - 6/30/12; 79 days total, not including weekends or holidays) for the fourth occurrence of this Class 2 violation within a 2-year period in the area of Background Screening (#60). Additionally, pursuant to Chapter 65C-22.010(2){e)2.d., Florida Administrative Gode, and based on the violations of the Florida Administrative Gode and Florida Statutes with regard to background screening requirements, Ana's Little Angels Inclusion Learning Center, Inc., annual license, certificate #C20600063, is hereby converted toa PROBATIONARY STATUS LICENSE for a period of six(6)months, — TOTAL ADMINISTRATIVE FINE: $5,925.00 NOTIFICATION OF RIGHTS UNDER GHAPTER 420, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO GONTEST 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 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: You may submit payment of this fine to the Fort Myers address noted below, Attention: Child Care Regulation: Department of Children and Families | Legal Counsel (Attention: Eugenie’Rehak) Post Office Box 60085 Fort Myers, FL 33906 Department of Ghildren and Families Agency Clerk (Attention: Greg Venz) Office of General Counsel 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 - Please note that a request for an administrative haring 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) Astatement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) 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; (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 alll parties. The right to an bes administrative proceeding fs not affected when mediation does not result in a settlement Certificate of Service ‘hereby certify that a true copy he agrsept United States Certified Mall, Ri yBecelrt Request ertificate # ji : , this day of , 2012 to Ana Zamora, designated corporate STATE OF FLORIDA, . ‘DEPARTMENT OF CHILDREN AND FAMILIES Mary Beth Wehnes Regional Safety Program Manager State of Florida County of Hillsborough See ee oe 1 COMPLETE-THIS SECTION ON DELIVERY. astricled Delivery Fae Endareanant Fequlred) Pegbtired fA Roum Recayy ie ErnsueeMat Gogo. yy Meriancto Fe J Ove 5 fin ee See b oie FUL, fate Toh Peel fe:

Docket for Case No: 12-003512