_ STATEOFFLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Tree House Academy of Fernandina Beach Certified Mail: 7012 3050 0002 0677 4996. dibia Tree House Academy of Fernandina Beach Return Receipt Requested 2120 Will Hardee Rd Fernandina Beach, FL 32034 ADMINISTRATIVE COMPLAINT. YOU ARE HEREBY NOTIFIED the Depart Hundred Dollars ($100.00) and SUSPENSION OF The Department's authority and grounds to impose this Sretion are explained below thas bes a Civil Penalty i n the amount. of. One. . 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Tree House Academy of Fernandina Beach d/b/a Tree House Academy of Fernandina Beach for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Tree House Academy of Fernandina Beach is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Cade, to operate a child care facility known as Tree House Academy of Fernandina Beach License #CO4NA0069 located at 2120 Will Hardee Rd, Fernandina Beach, FL 32034. The facility license is currently a REGULAR License. 3. During a Complaint Investigation on July 15, 2016 DCF Licensing Counselor, LaTonjia Jones, observed that: There was one (1) staff member F.B. supervising eighteen (18) children observed. Counselor observed in the large outdoor play area one (1) staff member with a mixed age group of eighteen (18) children. There were six (6) two (2) year olds, five (5) three (3) year olds, four (4) year olds and three (3) five (5) year olds. In this mixed age group of children the majority being two (2) year olds, requires a ratio of one (1) staff for eleven (11) children. 4 The foregoing facts violate Florida Statutes 402.305(4)(a)(3) which states: Minimum standards for the care of children in a licensed child care facility:as established by rule of the department must include: 3. For children 2 years of age or older, but under 3 years of age, there must be one child care personnel for every 11 children. 5, The violation described above is a Class II vialation of child care licensing standards. It is the facility's fifth (5") Class Il violation of Child Care Facility Standards Classifications Summary #4 Ratio Sufficient within a two-year period. The same violation was previously cited on November 4, 2014 at which time they received technical assistance and an administrative warning, on February 2, 2016 they were fined $50.00, on July 11, 2016 they were fined $60.00 per day for one (1) day and on July 13, 2016 they were fine $75.00 per day for one (1) day and Probation. The fine imposed for this violation is One Hundred Dollars ($100.00) per day for one (1) day and SUSPENSION O} DAYS, If you do not wish to contest the findings of this administrative complaint, please submit aa by order made payable to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O; Box 2417, Jacksonville, FL. 32231. RIGHT TO_ ADMINISTRATIVE PROCE| 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” 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 address: - David Tucker Chief Legal Counsel Department of Children & Families P. O. Box 2417 Jacksonville, FL. 32231-0083 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 administrative complaint, 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 ail 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, (e) A statement of when and how you received the administrative complaint. (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. | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail retum receipt no; 7012 3050 0002 0677 4996 to Trae House Academy of Fernandina Beach dibia: Ie House Academy of Fernandina Beach, 2120 Will Hardee Rd, Fernandina Beach, FL 32034 this . ‘day of August 2016. y Mala Ramoutar Safety Program Manager

Docket for Case No: 16-004683