STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES

Certified Mall Raturn Receipt No. 7012 2210 000152964611

To: Sera Family Day Care Homa Attention: Wendy Sera

1700 28th Street N.W.

Winter Haven, Florida 33881

ADMtNISTRATIVE COMPLAINT

YOU ARE HEREBY NOTIFIED the Department is proposing to fine your famUy day care home $350.00. The Department's authority and grounds to impose this fine is explained below.

1. The Department of Children and Famifies Is authorized by section 402.310, Florida Statutes, to sanction Sera Family Day Care Home for violations of child care licensing standards in sections 402.301 - 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code.

   
   

2. Sera Family Day Care Home, is ticensed under chapter 402, Florida Statutes, and chapter 65C-20, Florida Administrative Code, to operate a family day care home known as Sera Family Day Care Home located at 1700 26th Street N.W. Winter Haven, Florida 33881. The family day care home license is currently on regular annual license.

   
   

3. During an inspection on December 31, 2012, your family day care home failed to meet Background screening Requirements 402.313(3), 402.305(2)(a), 402.302(13) & (4). An unscreened individual was left alone to supervise children In care.

   
   

4. During an inspection on January 1, 2013, your family day care home failed to meet the Transportation guidelines in chapter 65C-20.010(1)(c)&(8). The operator was transporting children in a vehicle that were not in an individual factory installed seatbelt or federally approved chHd safety restraint. During an inspection on

   
   

5. The violation described in paragraph 3 above Is a class I violation of a child care

   Hcanslng standard. The fine for the December 31. 2012 violation la $150.00.

   
   

6. The violation described in paragraph 4 above is a Class I violation of a chifd care licensing standard. The fine for the January 1, 2013 violation is $200.00.

If you do not wish to contest the findings of this administrative complaintt payment of the fine amount may be made directly to the Florida Department of Children and Families, Chiid Care Regulation Office, 200 North Kentucky Avenue, Suite 322, Lakeland, Florida 33801.

If you wfsh to contest the findings of this adminisbativecomplaint, the sanctions imposed, you may

do so as provided in the notification of rights below.

NOTIFfCATION 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 IN WRITING AND 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 followrng

addresses:

Cheryl Westmoreland, Esquire Assistant Regional Couns&J, Circuit 10 200 N. Kentucky Avenue, Suite 328F Lakeland, Florida 33801

AND

Gregory Venz, Esquire Agency Clerk 1317Winewood Blvd.

Bldg. 2, Rm. 204-X

Tallahassee, FL 32399-0700

Please note 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 require a petition for administrative hearing to incJude:

1. The name and address of each agency affected and each agency's file or identification number, If known;

2. 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;

   
   

3. 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;

1. A statement of a!I disputed issues of material facts. If there are none, the petition must so indicate;

   
   

2. A concise statement of the ultimate facts alleged, inciuding the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action;

Section 120.569, Florida Statutes, and rure 28-106.201(4), Florida Admjnistrative Code, require a petition to be dismissed if it is not in substantial compfiance 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.

CERTIFrCATE OF SERVrCE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Wendy Ser @ Sera Fam,n?Day Home located at 1700 26th Street N.W. Winter Haven, Florida, this ..C..day of a.a,_ , 2013.

Child Care Regulation Supervisor

I

Docket for Case No: 13-001469