Rick Scott State.of Florida Governor Department of Children and Families Mike Carroll Secretary William 8. D’Aiuto October 18, 2016 Regional Managing Diractor CERTIFIED MAIL / RETURN RECEIPT REQUESTED 20 £953, IN THE MATTER OF A Civil Penalty Against: Alicia Barrett Child Care 2000; inc: 805 S. Main Street Wildwood, FL 34785 D T. PLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Hundred Dollars ($100.00). As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of Sections 402,301- 402.319, Florida Statutes (F.S.). 2. The Respondent, Alicia Barrett Is licensed under Chapter 402, Florida Statutes, and Chapter 65C-22, Florida Administrative Code, to operate a child care facillty known as Child Care 2000, Inc. located at 805 S. Main St, Wildwood, FL 34785. 3. The Respondent committed a second Class Ii violation of rule 65C-22.002(3a) within a two (2) year period; (02) License Capacity. (a) A child care facility that held a valid license on October 1, 1992, must have a minimum of 20 Square feet of usable indoor floor space for each child. A child care facllity that did: not hold a valid license on October 1, 1992, and seeks regulatory approval to operate as a child care facility, must have a minimum of 35 square feet of usable. indoor floor space for each child. in addition to the total facility minimum square footage per child, ‘each room that is routinely occupled by children must also have a minimum of 20 square feet or 35 ; square feet (whichever is applicable) per child at all times, pursuant to Section i 402.305(6), F.S. | 1100 S.W. 38" Avenue Ocala, Florida: 34474 Mission: Protect the Vulnerable, Promate Strong and Economically Self-Sufficiant Families, and Advance Personal and Family Recovery a. On 01/28/2016, during a complaint inspection, Cheryl Hester-Brown, Child Care Regulation Counselor found the facility noncompliant. Counselor observed that the license capacity was inadequate: in that, the facility failed to maintain the tequired 20 or 35 sq. ft. per child in areas occupied by children. This is the first Class 2 violation which constitutes technical-assisiance and a.warning fetter. b. On 07/20/2016, during a complaint inspection, Cheryl Hester-Brown, Child Care Regulation Counselor, found the facility noncompliant. Counselor observed that the license capacity was inadequate; In that, the facility failed to maintain the required 20 or. 35 sq. ft. per:child in areas occupied by children representing the second Class 2 violation which constitutes a fine. Fine Imposed $50.00 4. The Respondent committed a sécond Class [i Vielation of rule 65C-22.001(8)(b) within a two (2) year period; (12) Child Discipline. (b) All child care personne! must comply with the facility's written disciplinary policy, Such policies shall include standards that prohibit children from being subjectéd to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited for all child care personnel. a. - On 01/28/2016, during a complaint inspection, Chery! Hester-Brown, Child Care Regulation Counselor, found the facility noncompliant. Counselor observed Child Discipline was inadequate in that the facilities discipline practices included the use of spanking or other forms of physical punishment. This Is the first Class 2 violation which constitutes technical assistance and a warning letter. b. On 07/20/2016, during a compiaint inspection, Cheryl Hester-Brown, Child Care Regulation Counselor, found the facility noncompliant. Counselor observed Child Discipline was inadequate in that the facilities discipline practices included the use of spanking or other forms of physical punishment representing the second Class 2 violation which constitutes a fine. Fine Imposed $50.00 TOTAL DUE: $100.00 5. The above referenced violations constitute grounds to levy this Civil Penalty Pursuant to Section 402,310(1)(a), Florida Statutes in that the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 6. Payment of this fine can ba made to the Department of Children and Families. The mailing address is Child Care Licensing, 1100 SW 38th Avenue, Ocala, FL 34474. RIGHT TO IST PROCEED! 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” STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Circuit Administrator of Bésignee > 1100 SW 38" Avenue &> Ocala, FL 34474 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the forgoing has been furished by rarteg yg Retum Repos ed, Certificate # 20/6 07/0 008/ BIO SYS3 this day , 2016, to: Child Care 2006, Inc. C/O Alicia Barrett 805 S. Main Street Wildwood, FL 34785 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Wd Marsha Carpenter Child Care Regulation upervisor 4100 SW 38" Avenue Ocala, FL 34474 Telephone: (352) 330-5631 Attachment 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: ‘ Joyce L. Miller, Esq. Assistant Regional Counsel Department of Children and Fanillies 1300 Duncan Drive, Building D Tavares, FL. 32778 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 all issues involved, and question the witnesses called by the Department. You have the right to be represented by:counsel or other qualified representative. ff 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 heating 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 (ff 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. ff 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. Mediation as described in section 120.873, 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 ina settlement.

Docket for Case No: 16-007153