STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: —New tife Empowerment Services tne d/b/a New Life Academy 4348 Edgewood Avenue Certified Mail Return Fort Myers, FL 33916 Receipt No. 7013 2250 0001 4060 5356 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is imposing an administrative fine in the amount of $50.00. The Department’s authority and grounds to impose these sanctions are explained below. ‘i. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction New Life Empowerment Services Inc d/b/a New Life Academy for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. New Life Empowerment Services Inc is licensed under section 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as New Life Academy, located at 3348 Edcjewood Avenue, Fort Myers, FL. 33916. The facility is currently operating on a regular, annual license, certificate #C20LE0127. 3. During a routine inspection conducted on February 26, 2014 the facility was cited for noncompliance with licensing standard #22, Fen-ing. The facility's fencing walls or gate area had gaps that could allow children to exit the outdoor play area. This is a Class 2 violation of child care standards. This was the first occurrence of this Class 2 violation of this standard within a two-year period. As such, an administrative warming was issued and technical assistance was provided. During a routine inspection conducted on February 13, 2015 the facility was cited for noncompliance with licensing standard #22, Fencing. The facility's fencing walls or gate area had gaps that could allow children to exit the outdoor play area. This was the second occurrence of this Class 2 violation of this standard within a two-year period. Therefore, further administrative action is required. 4. The foregoing facts violate Florida Administrative Code 65C-22.002(4)(e), F.A.C., which states, “(e) The outdoor play area shall have and maintain safe and adequate fencing or walls a minimum of four feet in height. Fencing, including gates, must be continuous and shail not have gaps that would allow children to exit the outdoor play area. The base of the fence must remain at ground level and be free from erosion or build-up to prevent inside or outside access by children or animals.” STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: New Life Empowerment Services Inc d/b/a New Life Academy 3348 Edgewood Avenue Certified Mail Return Fort Myers, FL 33916 Receipt No. 7013 2250 0001 4060 5356 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is imposing an administrative fine in the amount of $50.00. The Department's authority and grounds to impose these sanctions are explained below. 4. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction New Life Empowerment Services Inc d/b/a New Life Academy for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. New Life Empowerment Services Inc is licensed under section 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as New Life Academy, located at 3348 Edgewood Avenue, Fort Myers, FL. 33916. The facility is currently operating on a regular, annual license, certificate #C20LE0127. 3. During a routine inspection conducted on February 26, 2014 the facility was cited for noncompliance with licensing standard #22, Fencing. The facility's fencing walls or gate area had gaps that could allow children to exit the outdoor play area. This is a Class 2 violation of child care standards. This was the first occurrence of this Class 2 violation of this standard within a two-year period. As such, an administrative warning was issued and technical assistance was provided. During a routine inspection conducted on February 13, 2015 the facility was cited for noncompliance with licansing standard #22, Fencing. The facility's fencing wails or gate area had gaps that could allow children to exit the outdoor play area. This was the second occurrence of this Class 2 violation of this standard within a two-year period. Therefore, further administrative action is required. 4. The foregoing facts violate Florida Administrative Code 85C-22.002(4)(e), F.A.C., which states, “(e) The outdoor play area shall have and maintain safe and adequate fencing or walls a minimum of four feet in height. Fencing, including gates, must be continuous and shall not have gaps that would allow children to exit the outdoor play area. The base of the fence must remain at ground level and be free from erosion or build-up to prevent inside or outside access by children or animals.” 5. The violation described above is a Class 2 violation of child care licensing standards. This was the second occurrence of this Class 2 violation of this standard = : ing 4 $60.00 administrative fine. 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 (Attention: Sherrie Quevedo, Post Office Box 60085, Fort Myers, FL 33906-6085. 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 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: Department of Children and Families Legal! Counsel (Attention: Eugenie Rehak) Post Office Box 60085 Fort Myers, FL 33906-6085 Department of Children and Families Agency Clerk (Attention: Paul Sexton) Office of General Counsel 1317 Winewood Bivd Building 2, Room 204 Tallahassee, FL 32399 Please note 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 shail 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; (e) A statement of all disputed 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 of 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 agericy’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (h) A statement of the rellef 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 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 GERTIFY that true-and-correct copy of the foregoing | has been furnished by certified mail return receipt to Denise Johnson, applicant and designated Corporate representative of New Life Empowerment Services Inc d/b/a New Life Academy, 4380 Cleveland Avenue, Fort Myers, FL 33901, this 2. day of an Toy ~ , 2015. Mary ANa LS CPM Regional Safety Program Manager CC: Eugenie Rehak, DCF Legal Counsel Sherrie Quevedo, Child Care Regulation Supervisor

Docket for Case No: 15-001835