STATE OF FLORIDA DEPAR' MENTE AND FAMILY SERVICES IN THE MATTER OF: A Civil Penalty Against foe “SB Dent. No. 7011 1160 0000 0831 5065 Balls of Fire Paradise Academy Ino . Solange Aurelien, Director eA ben 4200 NW 2 Avenue sre py. Miami, Florida 33127 “ake ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department of Chikiren and Family Services ("Department’).has. imposed a Civil Penaity in the total emount of $250.00. As grounds for the Imposition of this penalty, the Department states the following: 1. This Is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized In section 402.310, Florida Statutes and rules 65C-22.01D and 65C-20.012, Florida Administrative Code. 2. Petitioner, the Department, is the administrative agency of the State-of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes. . 3. The Respondent, Balls of Fire Paradise Academy inc. licensed to operate a child care factlity at 4200 NW 2ndAve. Miami, Fl. 33127under the provisions of Chapter 402, Florida Statutes. The Department issued license number C11MD0619 to Respondent effective 12/12/2011 through 12/11/2012. A. This case arises from Respondent's failure to comply with Sections 402.301-402.319, Florida Statutes with respect to licensure requirements. Violation 1; Supervision, Class | 5. During a complaint inspection of 08/13/2012, the facility was cited for a violation of Standard #5, Supervision, @s two children were on the playground when they saw thelr mother arrive at the facility, they became.excited and ran Inside to meet her, however, the mother did not go Into the daycare. tightaway, she went-across the street to the Family Dollar Store. The children were able to get out of the day care with no. supervision, and. good Samaritan saw the children standing outside of the facility, end stopped to bring the children, back into the facility. As per the Owner, she came into the facility screaming loudly that the children were in the middle-of the - street with no supervision, and she was going to make a call. 6. The acts and practices described are Class / violations of Rule 65C-22:001(5){a) which states thatstates that direct supervision means watching and directing chitdren’s activities within the same room or designated outdoor play area, and responding to the needs of each child. Child care personne! at 4 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 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. 7.Florida Administrative Codes 65C-22.010 and 65C-20.012 entitled “Enforcement” mandates the imposition of a fine not less than $100.00 nor more than $600.00 for the first Class | violation. Therefore, the Daparimant Is Imposing’a fine of $250.00 for this violation. 8. Gold Seal designation. The violation described in paragraph five constitutes a Class | violation as defined in tule 65C-20.012(3)(b) and 65C-22,010(2){(b), Florida Administrative Gode. Section 402.281, Florida Statutes, requires that the department terminate your Goid Sea! designation as a resutt of this Class't violation. 9. Therefore, the department Is terminating your Gold Seal designation. You will be ineligible for Gold Seal designation until you have operated for a period of two years without a Class | violation. 410. Payment of this fine can be made directly to the Department of Chitdren and Family Services, Child Care Licensing Unit, 100 Opa-Locka Blvd, Opa-Locka, Fi 33054. 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 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: Florida Department of Children and Family Services Regional Legal Counsel's Office ATTN: Carlos A. Garcia, Esq. 401 N.W. 2™ Avenue, Suite N-1014 Miami, Florida 33128 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, 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 wil! be affected by the agency determinetion, (a) A statement of wien 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, inchiding 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 respact 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 ff it fs not In substantial compliance with the requirements above. Mediation as described In section 120.573, Florida Statutes, may be available if agreed to by alt parties, and on such terms as agreed to by ali parties. The right to an administrative proceeding is not affected when mediation does not result in a settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY thal a copy of the foregoing administrative complaint has been provided by U. 8. certifled mail, return recelpt no. 7011 1150 0000 0831 5065 to Balls of Fire Paradise Academy inc, Solange Aurelien (Diractor),4200 NW 2 Ave, Miami, Florida 33127, this 4" day of October, 2012. f/ Suzette Sates Regiona! Program Safety Manager Florida Department of Children and Families

Docket for Case No: 14-000161