; \\ ) \\3 ; ey /) pate Aer WA PY ial \t STATE OF FLORIDA \N WP \ oY DEPARTMIENT OF CHILDREN AND FAMILIES M NS \O\ ( \A {4 fy To: Nicole Broomes Certified Mail: 7012 3050 0002 0680 9650 dibla Broormes Family Day Care Home Return Receipt Requested P O Box 26795 Jacksonville, FL. 32218 ADMINISTRATIVE COMPLAINT, YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Five Hundred Dollars ($800.00). 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 Nicole Brooines d/b/a Broomes Family Day Care Home for violations of child care licensing standards in sections 402.301 ~- 402.319, Florida Statutes, and chapter 65C~20, Florida Administrative Code. 2. Nicole Rroomes is licensed under chapter 402, Florida Statutes, and chapter 65C-20, Florida Administrative Code, to operate a family day care home known as Broomes Family Day Care Home License #F04DU0149 located at 1100 Marblehead Road, Jacksonville, FL 32278. The horne’s license is currently a REGULAR License. 3. During a Complaint Investigation on Septernber 25, 2013, DCF Licensing Counselor Paige Berse, determined that: the operator got mariied on August 1, 2012, as per Duval County Clerk’s Office and the Department was not notified. The Department of Motor Vehicles information listed the aperatoi’s address for her spouse effective May 17, 2011. The spouse did not have level 2 background ning and the screening compioted. On Septeiiber 29, 2073 the spouse completed level 2 se resulis show that the seouse is a disquatified individual theratove the child cave home dees not imeet all siancards to operate as a licensed vamily day care home. 1. 4. The foregoing facts violate Florida Administrative Code Section 435.06(2}(a), Florida Statutes (F.S.) HB7069 which states in part: that all FDCH operators and their household members must be cleared through Background screening before having unsupervised direct contact with children. All new household members must immediately complete a live scan screen upon arrival in the home. These household members shall not have unsupervised contact with children prior to being cleared through the background screening process. This includes household members living adjacent-to or within a child care facility. Persons between the ages of 12 and 18 are not required to be fingerprinted but must be screened for delinquency records as usual. 5. The violation described above is a Class { violation of child care licensing standards. It is the home’s first (1°) Class I violation of the Family Day Care Home Standards Classification #3 Background Screening Requirements within a two-year period. The fine imposed for this violation is Five Hundred Dollars ($500.00). 'f 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 32234 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: Lo 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 disouted 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 3 relate to the specific rules or statutes; and (nh) 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. - - yf ; 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. CERTIFIGATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified maii retum receipt no. 7012 3050 0002 0680 9650 to Nicole Broomes dibla/B) ‘comes Family Day Care Home, P O Box 26795, Jacksonville, FL 32218 this STuay of O 1 r 2013. / : , inne we amela Buck Safety Program Manager “U;S. Postal Services: CERTIFIED MAIL. RECEIPT | (Domestic Mall Only; No Insurance Coverage Provided) simark ero Postage Certified Fee, Retum Receipt Fe (Endarsement Required) Restaicled Delivery Foo (Endorsement Required) | Nicole Broomes d/b/a ;Broomes Family Day Care Home PO Box 26795 ‘Jacksonville, FL 32218 7O1l2 3050 D002 Ob&o 3b50 See Havers (oF insicuctions |

Docket for Case No: 13-004479