STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: East Naples United Methodist Church Inc d/b/a East Naples United Methodist Church Learning Center 2701 Airport Road S Naples, FL 34112 COLLIER COUNTY Certified Mail Return Receipt No. 7015 0640 0001 0009 8917 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department hereby imposes a fine of Fifty Dollars ($50.00). 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 East Naples United Methodist Church Inc d//b/a East Naples United Methodist Church 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. East Naples United Methodist Church Inc is licensed under section 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as East Naples United Methodist Church Learning Center, located at 2701 Airport Road S, Naples, FL 34112. The facility is currently operating on a regular, annual license, #C20CO7386. 3. On March 3, 2015 a renewal letter and packet of required documents were sent to the facility as the center's license was to expire on June 29, 2015. This letter stated, “a completed application for renewal of an annual license must be submitted to the licensing authority at least 45 days prior to the expiration date of the current license to ensure that a lapse does not occur.” It further states, “We cannot issue a license unless all the above-listed annual approvals have been received. Failure to submit the enclosed forms and fees, and receive annual approvals by the due date of May 16, 2015, will result in an Administrative Fine.” 4, The renewal fee and application packet were received by the Child Care Regulation Office on May 26, 2015. Thus, the Department received the necessary \\documentation/fee(s) thirty-five (35) days before the license was to expire. 5. The foregoing facts violate 65C-22.001(1)(d), Florida Administrative Code, which states, “A completed CF-FSP Form 5017 for renewal of an annual license must be submitted to the licensing authority at least 45 days prior to the expiration date of the current license to ensure that a lapse of license does not occur. Failure to submit a completed CF-FSP Form 5017 at least 45 days prior to the expiration date of the current license constitutes a licensing violation as defined in paragraph 65C-22.010(2\(d), F.A.C.” Florida Administrative Code 65C-22.010(2)(d) states, “Failure to submit a completed CF-FSP Form 5017, Application for License to Operate a Child Care Facility, which is incorporated by reference in paragraph 65C-22.001(1)(a), F.A.C. for renewal of an annual license at least 45 days prior to the expiration date of the current license constitutes a licensing violation. The Department shall issue an administrative complaint imposing a fine of $50.00 for the first occurrence, $100.00 for the second occurrence, and $200.00 for each subsequent occurrence within a five year period.” This is the first occurrence of this type of violation within a five year period. 6. In this matter, the Department hereby imposes a fine of $50.00 for the first occurrence on May 26, 2015. 7. lf 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), PO Box 60085, Fort Myers, FL 33906-6085. RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail, return receipt to Michele Micieli, designated corporate representative, applicant for licensure and on-site director of East Naples United Methodist Church Inc d/b/a East Naples United Methodist Church Learning Center, 2701 Airport Road S, Naples, FL 34112 this pth day of AW AUSF , 2015. i Wy) \ Pro our Mary Beth Wehnes, CPM Regional Safety Program Manager CC: Eugenie Rehak, DCF Legal Counsel Sherrie Quevedo, Family Services Specialist Debra Avery, Family Services Counselor Enclosure NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING UNDER SECTIONS 120.569 AND 120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT BY 5:00, P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED THE DEPARTMENT’S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following addresses: y Department of Children and Families Legal Counsel (Attention: Eugenie Rehak) PO Box 60085 Fort Myers, FL 33906-6085 y, Department of Children and Families Agency Clerk (Attention: Paul Sexton) Office of General Counsel 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT’S PROPOSED ACTION WILL BE FINAL. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT, AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. If you disagree with the facts stated in the Department's adrninistrative cornplaint, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. At a formal hearing, you may present evidence and arguments on all issues involved, and question the witnesses called by the Department. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department’s administrative complaint, you may request an informal administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for consideration by the Department. You have the right to be represented by counsel or other qualified representative. Your request for an administrative hearing must meet the requirements of Rule 28- 106.2015(5), Florida Administrative Code, must be prepared legibly on 8% by 11 inch white paper, and include all of the following items: ‘ (a) Your name, address, email address (if any) and telephone number. (b) The name, address, email address (if any) and telephone number of your attorney or qualified representative, if any. (c) A statement requesting an administrative hearing. (d) A statement of all facts in the administrative complaint with which you disagree. If you do not disagree with any of the facts stated in the administrative complaint, you must say so. wel, ve (e) A statement of when and how you received the @° ve P administrative complaint. id (f) A statement identifying the file number of the administrative complaint, if shown on the administrative complaint. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available. However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, 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 or informal dispute resolution does not result in a settlement.

Docket for Case No: 15-005706