STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Tutor Time Learning Centers LLC d/b/a Certified Mail: 7011 2970 0004 1615 9896 Tutor Time Child Care Learning Center Return Receipt Requested 13734 Old St. Augustine Road Jacksonville, FL 32258 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Sixty Dollars ($60.00) The Department's authority and grounds to impose this sanction are explained below: 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Tutor Time Learning Centers LLC d/b/a Tutor Time Child Care Learning Center for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes and chapter 65C-22, Florida Administrative Code. 2. Tutor Time Learning Centers LLC is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Tutor Time Child Care Learning Center License #C04DU0707 located at 13734 Old St. Augustine Road, Jacksonville, FL 32258. The facility license is currently a REGULAR License. 3. During a Complaint Inspection on February 19, 2013, DCF Licensing Counselor Tiffany Davis, determined that: An incident occurred where one (1) child was inappropriately touched by another child under a table. Direct Supervision of the children in the school age group was inadequate in that the teacher admitted she did not see the children under the table when the allegations occurred. The children involved have all verified that they were under the table. 4. The foregoing facts violate Florida Administrative Code 65C-22.001 (5)(a) which states: 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 personnel shall remain responsible for the supervision of 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. 5. The violation described above is a Class Ill violation of child care licensing standards. It is the facility's third (3°) Class II violation of the Child Care Facility Standards Classifications Summary #5 Supervision within a two-year period. The same violation was previously cited April 20, 2012 resulting in technical assistance and on January 31, 2013 they were fined $50.00. The fine imposed for this violation is Sixty Dollars ($60.00) per day for one (1) day. If you do not wish to contest the findings of this administrative complaint, please submit a cashier's check or money order_ made payable to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231 If you wish to contest the findings of this administrative complaint and/or the sanctions imposed you may do so as provided in the notification of rights below. 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 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 following addresses: 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 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 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 true and correct copy of the foregoing has been furnished by certified mail return receipt no. 7041 2970 0004 1615 9896 to Tutor Time Learning Ceyfters LLC d/b/a Tutor Time Child Care Learning Center, 13734 Old St. Augustine Road, Jackso / $f y of April 2013. Pamela Buckha Safety Program Manager

Docket for Case No: 13-002416