STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES iy, Smart Starts Educational Learning Center * he J Marianne Collado, Director Certified Mall Return Receipt No. 7012 1640 0002 1713 096845, Sep Miami, FL 33129 Dev ef ADMINISTRATIVE COMPLAINT ; OR YOU ARE HEREBY NOTIFIED that the Department is imposing a Civil Penalty in the total amount of $220.00. The Department's authority and grounds to impose this sanction are explained below. 4. This is an administrative action for imposition of a civil penalty for known incidents of occurrence as authorized in section 402.340, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. . 2. Petitioner, The Department, is an administrative agency of the State of Florida, charged with the ; duty to enforce and administer the provisions of Chapter 402, Florida Statutes and rules 65C-22.010 | and 65C-20.012, Florida Administrative Code. 3. Smart Starts Educational Learning Center, License No. C11MD1912, is licensed under Chapter © 402, Florida Statutes, and Chapter 65C-22 and 65C-20, Florida Administrative Code, to operate a child care facility known as, Smart Starts Educational Learning Center, located at, 2401 SW 3 Ave, Miami, FL 33129. The facility license is currently an Annual License. Violation 1: Standard #57, Parent’s Acknowledgement — Influenza, Class Il 4. During a routine inspection on 8/2/13, the facility was cited @ fourth time for a violation of- Standard #57 Immunization Records, as the influenza brochure had expired for M.B. and A.S. Technical assistance was provided. The fine imposed for the fourth Class ill violation on 8/2/13 is $30.00. 5. During a routine inspection on 11/25/13, the facility was cited a fifth time for a viclation of Standard #57 Immunization Records, as the influenza brochure had expired for J.P and A/S. An administrative formal warning was issued. The fine imposed for the fifth Class {ff violation on 11/25/13 is $40.00. 6. During a renewal inspection on 3/5/14, the facility was cited a sixth time for a violation of Standard #57. Immunization Records, as the influenza brochure had expired for 0.C., D.R., V.D, J.P. and N.H. The fine imposed for the sixth Class Il! violation on 3/5/14 is $40.00. 7. The aforementioned violates Rule 65C-22.006(3)(c)4 of the Florida Administrative Code, The violation described above is a Class II} violation of the child care licensing standards. It is the child care facility's fourth Class III violation of standard #57. Violation 2: Standard #60, Personnel Records — CF-FSP Form 5131, Class Ik 8. During a routine inspection on 11/16/12, the. facility was cited for a violation of Standard #60, Background Screening and Personnel File Requirements, as the documents were missing for employee F. Alonso. An administrative formal warning and technical assistance was provided: 9. During a routine inspection on 2/28/13, the facility was cited for a second time for violation of Standard #60, Background Screening and Personnel File Requirements, as the documents were missing for employee Yudelkys Perez. The fine imposed for this second Class: ll violation of 2/28/13 is $50.00. Page 1 of 3 10, During a routine inspection on 3/5/13, the facility was cited for a third time for violation of Standard #60, Background Screening and Personnel File Requirements, as the documents were missing for employee M, Perez, The fine imposed for this third Class II violation of 3/5/13 is $60.00. 141. The aforementioned violates Rule 65C-22.006(4){d)1 of the Florida Administrative Code and 435.04 of the Florida Statutes. The violation described above is a Glass I! violation of the child care licensing standards, It is the child care facility's third Class I! violation of standard #59. 12. Florida Administrative Code 65C-22.010 and 65C-20.012 entitled “Enforcement” mandates the imposition of $60.00 per day fine for the third, Class I} viclation. However, the Department is imposing a fine of $60.00 for this violation. : {f you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation Office, 100 Opa Locka Blvd, Opa Locka, FL 33064. If you wish to contest the findings of this administrative complaint and 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 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: Florida Department of Children and Families Regional Legal Counsel's Office ~ ATTN: Karen A. Milla, Esq. 401 N.W. 2™ Avenue, Suite N-1014 . Miami, Florida 33128 Please note that a request for an administrative hearing must compty 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 will be affected by the , agency determination; (a) A statement of when and how the petitioner received notice of the agency decision; (2) 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; (9) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including ar explanation of how the: alleged facts relate to the specific rules or statutes; and Page 2 of 3 (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 28-106.204 {4), Florida Administrative Code, require that a petition fo 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 THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt 7012 1640 0002 1713 0968 to, c/o Marianne Collado, Smart Starts Educational Learning Center, 2401 SW 3 Ave, Miami, FL 33129, this 26" day of March, 2014. ' fone . f Suzette Frazigr Regional Program Safety Manager Florida Department of Children and Families Page 3 of 3

Docket for Case No: 14-002067