Apr 23 14 07:36p Tutor Time 904-268-7253 p.1 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Tutor Time Learning Centers LLC d/b/a Certified Mail: 70114 2970 0004 1615 9889 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 Seventy-Five Dollars ($75.00) and °263.2.7:0%. 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 Investigation on February 5, 2014 DCF Licensing Counselor Tiffany Davis, determined that: Direct supervision of children in the one (1) year old group was inadequate in that children were being bitten often by other children while the teachers were changing diapers. There have been fourteen (14) biting incidents documented from November 2013 through January 2014. Teacher admits to leaving known biters with other children while she was changing diapers. Six (6) of the Apr 23 14 07:36p Tutor Time 904-268-7253 p.2 incidents were not observed by the teachers instead they observed bite marks after the fact. Out of the fourteen (14) incidents one (1) of the children has been bitten seven (7) times. 4. The foregoing facts violate Florida Administrative Code 65C-22.001(5)({a) which states: Direct supervision means actively 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 personne! 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 II violation of child care licensing standards. It is the facility’s fourth (4") Class Il violation of Child Care Facility Standards Classifications Summary #5 Supervision within a two-year period. The same violation was previously cited on April 20, 2012 which resulted in technical assistance, on January 31, 2013 they were fined $50.00 and February 19, 2013 they were fined $60.00 per day for one (1) day. The fine imposed for this violation is Seventy-Five Dollars ($75.00) and PROBATION. PROBATIONARY STATES ‘he placed on PROBATIONARY STATUS for a neriod met io The Resvxondent's license Smonths. to ng 2 second steit BRTSrOOM to Hines children when dieser changing is cccurrtng. Apr 23 14 07:36p Tutor Time 904-268-7253 p3 If you do not wish to contest the findings of this administrative complaint, please submit 4 cr 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: 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 3 Apr 23 14 07:37p Tutor Time 904-268-7253 p.4 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 itis 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. Apr 23 14 07:37p Tutor Time 904-268-7253 ps CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished by certified mail return receipt no. 7011 2970 0004 1615 9889 to Tutor Time Learning Centers LLC d/b/a Tutor Time Child Care / Learning Center, 13734 Old St. Augustine Road, Jacksonville, FL 32258 this a yt gay of March 2014. in i ra) iY if Jip fp 1 eVIhAAL i are Ce Pamela Buckhayh? Safety Progrand Manager

Docket for Case No: 14-002462