STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Creative Years Inc 415680 SW 232 St Miami, FL 33170 Certified Mail Return Receipt No.70121640000128884837 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is Imposing a Civil Penalty in the total amount of $ 500.00, The Department's authority and grounds to impose this sanction are explained below. 14. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Creative Years Inc for violations of child care licensing standards in sections 402.301-402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Creative Years Inc. License No. C11MD0430 is licensed under Chapter 402, Florida Statutes, and Chapter 65C-22, Florida Administrative Code, io operate a child care facility known as Creative Years Inc. The facility located at 15680 SW 232 St, Miami, FL 33170. The facility license is currently an Annual License. Violation 1: Supervision 3. During complaint inspection of 07/10/13, the facility was cited for a violation of Standard #5, Supervision. One child was not adequately supervised during a field trip. The child was left behind alone at Chuck E. Cheese on 7/9/13 for approximately 45 minutes. The director was unaware that a child was left behind at Chuck E. Cheese. The director realized that the child was missing when everyone retumed to the facility, which posed an imminent threat to a child, or could or did result in death or serious harm to the health, safety or well-being of a child. 4. The foregoing facts violate Rule 65C-22,001(5)(a) of the Florida Administrative Cade. 5. The violation described above is a Class 1 violation of child care licensing standards. It is the facility's first Class | violation of Standard #5, Supervision, within a two year period. Technical assistance was provided by explaining to the Director that all children should be supervised at all time, The fine for imposed for first Class | violation of 7/10/13 is $300.00, Violation 2: Seatbelts 6. During complaint inspection of 07/10/13, the facility was cited for a violation of Standard #8, Seatbelts. During a field trip to Chuck &. Cheese on 7/9/13 the driver transported a total of 34 children. He did two trips to Chuck E, Cheese in each trip 17 children were transported at a time. Transportation onty had capacity for 16 children. The number of children transported exceeded the manufacturer's designated seating capacity, which posed an imminent threat to a child, or could or did result in death or serious harm to the health, safety or well- being of a child. 7. The foregoing facts violate Rule 65C-22.001(8){d) of the Florida Administrative Code. 8. The violation described above is a Class 1 violation of child care licensing standards. It is the facility's first Class | violation of Standard #8, Seatbelts, within a two year period. Technical assistance was provided by explaining to the Director and Driver that the number of children transported cannot exceed the manufacturer's designated seating capacity. The fine for imposed for first Class { violation of 7/10/13 is $200.00. if 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, 12195 SW Quail Roost Drive # 3 Miami, FL 33177. If you wish to contest the findings of this administrative complaint, 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 addresses: Florida Department of Children and Families Regiona! 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 patitioner’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 that 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 to Creative Years Inc, Pura De Castro, Director 15680 SW 232 Street, Miami, FL 33170, this 29h day of July, 2013, Regional Program Safety Manager Florida Department of Children and Families i {

Docket for Case No: 14-004537