DEPART, * f » p, AN Rick Scott = Se o State of Florida Governor 4 2 Department of Children and Families % s Mike Carroll ak " ae Secretary MYFLEAMILIES.COM William S. D’Aluto Regional Managing Director STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail Return Receipt No. 7014 2870 0000 2460 6353 To: SME Learning Center Attention: Lakeshia Allen 4831 MLK Ave Bowling Green, FL 33834 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is proposing to impose administrative fines totaling $300.00 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 SME Learning Center for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C- 22, Florida Administrative Cade. 2. Vernal Fulse Graham is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as SME Learning Center located at 4831 MLK Ave, Bowling Green, Florida 33834. The facility license is currently an Annual License. 3. On February 23, 2015 the Child Care Regulations Counselor observed the director in the facility with the children. The counselor questioned how lunch would be prepared since she was the only person in the facility. The director told the counselor she is usually the only person that works at the facility and that she places the children in the hallway (which is located outside of the kitchen) while she prepares lunch and snacks in the kitchen. 4. The foregoing facts violate 65C-22.001(5), Florida Administrative Code {F.A.C.), which requires staff to actively watch and direct children’s activities within the same room or designated outdoor play area, and fespond to the needs of the children. Central Region @ 1055 US Hwy 17 North & Bartow, Florida 33830 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency 5. The violation described above is a Class Il violation of a child care licensing standard. This is the facility's second occurrence Of a Class II violation within a two-year period. Your facility previously violated this licensing standard on January 14, 2015; when a representative of the Early Learning Coalition observed the teacher, dudy Simmons in the office while three children were alone in the classroom. You were provided technical assistance and given an Administrative Warning on January 16, 2015 for the aforementioned violation. The fine imposed for the current violation is $50.00 6. On January 16, 2015 while investigating a Compiaint, the Department learned that Judy Simmons, a teacher at the facility transported a three year old child in the front seat of a vehicle without using child safety restraints. 7. The foregoing facts violate Rule 65C-22.001(6), Florida Administrative Code (F.A.C.), which requires children that are transported to have the required safety restraints. 8. The violation described above is a Class | violation of a child care licensing standard. This is your first occurrence of a Class | violation within a two-year period for children not being in federally approved child Safely restraints. The fine for this violation is $250.00. lf you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Department of Children and Families, Child Care Regulation Office, 200 N Kentucky Ave, Suite 322, Lakeland, FL 33801. If you wish to contest the findings of this administrative complaint or the Sanctions imposed, you may do so as provided in the notification of rights below. NOTIFICATION OF RIGHTS UNDER CHAPTER 1 20, FLORIDA STATUTES You may submit your request for an administrative hearing to the Department at the following addresses: Cheryl D. Westmorelana, Esquire Assistant Regional Counsel, Circuit 10 1055 Highway 17, North Bartow, Florida 33830 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 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; (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 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 it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, may be available if agreed fo 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 athe 1B SME Learning Center located at 4831 MLK Ave, Bowling Green, Florida 33834 this day of March, 2015. { Child Care ulajion Counselor

Docket for Case No: 15-002282