STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES July 8, 2019 Certified Mail No. 91 7199 99914 7038 1271 3709 Somerset Academy, Inc d/b/a Somerset Academy - Oaks 1000 Old Dixie Hwy, Homestead, FL 33030 C11MD1554 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is imposing a Civil Penalty in the total amount of $50.00. The Department’s authority and grounds to impose this sanction are explained below. 1. Petitioner, the Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction for violations of child care licensing standards in sections 402.301- 402.319, Florida Statutes, and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. Respondent, Somerset Academy, Inc d/b/a Somerset Academy - Oaks, License No. C11MD1554, is licensed under Chapter 402, Florida Statutes, and Chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Somerset Academy - Oaks, located at 1000 Old Dixie Hwy, Homestead FL, 33030. The child care facility is currently on an Annual License. The Annual License expires July 21, 2020. 2. Pursuant to Rule 65C-22.010(2)(d), Fla. Admin. Code failure to submit a completed application for license renewal at least 45 days prior to the expiration of a current license constitutes a licensing violation punishable by an administrative 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. 3. The first_occurrence occurred on June 26, 2019, when the Provider submitted its application for renewal beyond the 45-day limit for its license which was set to expire on July 21, 2019. Accordingly, the Department must issue an Administrative Complaint and impose a $50.00 fine against the Provider for this first occurrence. If 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 Office, 401 NW 2 Avenue, N-314, Miami, Fl. 33128. If you wish to contest the findings of this administrative complaint and the sanctions imposed, you may do so as provided in the notification of rights below Page 1of3 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” 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: Florida Department of Children and Family Services Office of the General Counsel, Southern Region ATTN: Ariel Mitchell , Esq. 401 N.W. 279 Avenue, Suite N-1014 Miami, Florida 33128 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TOA 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 ail of the following items: Page 2 of 3 (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. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Certified Mail receipt No. 91 7199 9991 7038 1271 3709, to, Somerset Academy - Oaks located at,1000 Old Dixie Hwy, Homestead FL, 33030, this 21* day of July 2019. 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Docket for Case No: 19-005079

Orders for Case No: 19-005079