STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail 7013 1710 0000 9534 0654 Return Receipt Requested DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner ADMINISTRATIVE FINE Vv, LICENSE NO. C02LE0234 The Creative Pre School Inc Owner of: The Creative Pre-School 2746 W Tharpe Street Tallahassee, Florida 32303 Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department of Children and Families, by and through its undersigned counsel, files this Administrative Complaint against Respondent, The Creative Pre School Inc, owner of The Creative Pre-School, to impose a fine in the amount of $ 250.00. Payment of this fine can be made directly to the Department of Children and Families, Child Care Regulation, 2505 W. 15, Panama City, FL 32401 and must be paid within 21 days of receipt of this notice, unless you request a hearing. As grounds for the imposition of this penalty, the Department states as follows: 1. The State of Florida, Department of Children and Families, has jurisdiction over Respondent by virtue of the provisions of Sections 402.26-402.319, Florida Statutes. 2. The Respondent is licensed to operate as a child care facility pursuant to Sections 402,.26-402.319, Florida Statutes, and Rule 65C-22, Florida Administrative Cade. 3. Respondent committed a violation of Section 402.305, Florida Statutes, Rule 65C-22.001(6), Florida Administrative Code, and Section 3.2.D. in the Child Care Facility Handbook, which is incorporated by reference, regarding toxic substances and hazardous materials. As shown on the child care licensing checklists dated October 15, 2018, Respondent failed to maintain a safe physical environment in that narcotics, alcohol or impairing drugs were present on the premises. Child care standards require a zero- tolerance policy for the presence of narcotics, alcohol or other impairing substances on the premises or in the vehicles of staff at the facility. Due to the risk such substances pose to the safety of children, either through direct ingestion or the impairment of caregivers, any presence of such substances constitutes a Class | violation. In this case, an open bottle of wine was found in the refrigerator at the facility by the Department's counselor during a routine inspection. Respondent's violation constitutes a Class | violation, as defined by Rule 65C-22.010(1)(e)1, Florida Administrative Code. This is the first violation of this kind within the past two-year period. A fine of $ 250.00 is imposed. 4. A Notice of Administrative Action was issued on October 15, 2018. 5. The above-referenced violations constitute grounds to levy this civil penalty pursuant to Sections 402.310, Florida Statutes, in that the conduct of Respondent constitutes a violation of the minimum standards, rules, and regulations for operation of a child care facility. 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 accurate copy of the foregoing has been ~ furnished by Certified U.S. Mail this _[O day of LDetember 2018 to: The Creative Pre-School 2746 W Tharpe Street Tallahassee, Florida 32303 CAMILLE M. LARSON Florida Bar No. 73624 Email: Camille.Larson@myfifamilies.com Assistant Regional Counsel Depariment of Children and Families 2383 Phillips Road Tallahassee, FL 32308 Telephone: (850) 488-4310 Attachment: 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 NOTICE OF THE DEPARTMENT'S DECISION. You must submit your request for an administrative hearing to the Department at the following addresses: Department of Children and Families Assistant Regional Counsel 2383 Phillips Road Tallahassee, FL. 32308 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO AHEARING AND THE DEPARTMENT'S PROPOSED ACTION WILL BE FINAL. If you disagree with the facts stated in the Department’s decision, 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. If you do not disagree with the facts stated in the notice, 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. Whether you request a formal hearing or an informal hearing, your request for an administrative hearing must meet the requirements of Rule 28-106.201(2) or Rule 28- 106.301(2), Florida Administrative Code. In either event, your request for an administrative hearing must: 1. Include a copy of the decision received from the Department; 2. Be prepared legibly on 8% by 11-inch white paper, and 3. Include all the following items: (a) The Department's file or identification number, if known; (b) Your name, address, email address (if any) and telephone number and the name, address, email address (if any) and telephone number of your representative, if any; (c) An explanation of how your rights or interests will be affected by the action described in the notice of the Department's decision; (d) A statement of when and how you received notice of the Department’s decision; (e) A statement of all facts in the notice of the Department's decision with which you disagree. {f you do not disagree with any of the facts stated in the notice, you must say so; (f) A statement of the facts you believe justify a change in the Department's decision; (g) A statement of the specific rules or statutes you believe require reversal or modification of the Department's proposed action; (h) Astatement explaining how the facts you have alleged above. telate to the specific rules or statutes you have identified above; and (i) A statement of the relief you want, including precisely the action you want the Department to take. Section 120.569(2)(c), Florida Statutes, requires 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 hot affected when mediation or informal dispute resolution does not result in a settlement.

Docket for Case No: 19-002944

Orders for Case No: 19-002944