a SS STATE OF FLORIDA. DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail 7010 3090 0000 8884 3643 Retum Receipt Requested DEPARTMENT OF CINLDREN AND FAMILIES, Petitioner, Vv. ADMINISTRATIVE FINE and INTENT TO TERMINATE/REVOKE GOLD SEAL DESIGNATION LICENSE NO. C02ILE0173 Make A Difference Outreach Center Inc Owner of Miracle Years Childcare Center IJ 217 Ausley Road Tallahassee, Florida 32304 Respondent . . oP bea Sip ua. / fp PTR TL yates + Tie 5 MET leh me Mn? Aa A NI IVE COMP AIN pane Petitioner, oman’ Children and Fatuilies, by and through its imdersigned counsel, files this Administrative Complaint against Respondent, Miracle Years Childcare Center If, to impose a fine in the amount of $ 500.00. Payment of this fine can be made directly to the Department of Children and Families, Child Care Regulation, 2383 Phillips Road, Tallahassee, Florida, 32308, and must be paid within 21 days of receipt of this notice, unless " you request a hearing. A uniform system of procedures to to impose disciplinary sanctions for violations of da Administrative Cade, was Sections 402, 26-402. 319, Florida Statutes, and Rule sic 22, Fi created.in 2008. In accordance with Sections 402. 28 1 and 402.310, Florida Statutes, and the # EXHIBIT 5 \ | q 05/03/2013 16:02 FAX) P.002/004 Progressive Disciplinary Sanctions set forth by Rule and Statute, the Department must terminate/revoke your Gold Seal designation in accordance with procedures prescribed in Chapter 120, Florida Statutes. The Department hereby notifies you of its intent to terminate/revoke the Gold Seal designation of your child care facility in 21 days fromthe service of this notification. The imposition of this change in status and imposition of the aforementioned penalties are based upon the following facts: 1. The State of Florida, Department of Children and Families, has jurisdiction over Respondent by virtue of the provisions of Sections 402,26-402.319, Florida Statutes. 2. The Respondent is licensed to operate as a child care facility pursuant to Sections 402.26-402-319, Florida Statutes, and Rule 65C-22, Florida Administrative Code, 3. Respondent committed a violation of Section 435.05(1), Florida Statutes, and Rule 65C-22.006(4), Florida Administrative Cade, in regard to background screening and disqualified persons, On the child care licensing checklist dated march 21, 2013, your facility was out of compliance in that the facility knowing)y employed 2 person who had a disqualifying offense as noted in Section 435.04, Florida Statutes, which disqualifies the person from employment and the owner/operator failed to take appropriate action (Class I violation). A fine of $500 dollars is imposed. Specifically: a. On April 23, 2012, a complaint was received in the Child Care Regulation office that a disqualified person, Josie Williams, had been employed at a child care center despite her knowledge, and her employer’s knowledge that she was not eligible for employment, Ms. Williams herself stated that she had been employed at said facility since February 2012 and had only heen screened for said employment on March 9, 2011. Ms. Williams further stated that she knew, as well as her employer, that she hada disqualifying offence at all times of her employment and that no background clearance had been granted. Furthermore, Ms. Williams and her employer were likewise aware that she was not eligible for an exemption request as she had only recently been released from probation on February 2011 and still had unpaid fines. + 05/03/2013 16:02 4) . P.003/004 b. During the course of investigation of the April 23, 2012 complaint, the department became aware that Ms. Williams had also previously been employed at Miracle Years Childcare Center II, 217 Ausley Road, Tallahassee, Florida. Ms, Williams stated that she began employment in February 2011 at Miracle Years Childcare Center II and several months later, moved to a different facility. A licensing complaint was opened on Miracle Years Childcare Center II and the Department concluded that Ms. Williams had also been employed there, although her employer knew her to be ineligible for employment and that a disqualifying criminal record prevented her from receiving a background clearance. 4. A Notice of Administrative Action was issued on March 21, 2013. 5. The above-referenced violation constitutes grounds to levy this civil penalty pursuant to Section 402,310, Florida Statutes, in that the conduct of Respondent constitutes a ‘violation of the minimum standards, rules, and regulations for operation of a child care facility. 6. 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 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 address: Department of Children and Families Regiona} Counsel 2383 Phillips Road Tallahassee, FL 32308 Please note that 2 request for an administrative hearing must comply with Section 120,569(2)(c), Florida Statutes, and Rule 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; | ‘05/03/2013 16:03 Fax) P.004/004 (c) A statement of when and how the petitioner received notice of the agency decision; (4) 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 praposed action. Section (20.569; Florida Statutes, and Rule 28-106,201, Flotida Administrative Code, require that a petition 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 true and correct copy of the foregoing has been furnished by Certified U.S. Mail Retum Receipt Requested this 1st day of May 2013, to: - Miracle Years Childcare Center II 217 Ausley Road Tallahassee, Florida 32304 x, Florida Bar No. 0675644 E-mail: Michael lee@def state.f.us NWRLegalHO@dof state, fl.us Northwest Region Counsel Department of Children and Families 2383 Phillips Road, Room 231 Tallahassee, Florida 32308 Telephone (850) 488-4310 Facsimile (850) 487-0387 Attorney for the Petitioner, Department of Children and Families

Docket for Case No: 13-001984