STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Villar Family Home Daycare, Inc. d/b/a Villar Family Day Care Home 22045 SW 125" Avenue Miami, FL 33170 F14MD0224 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is imposing a Civil Penalty in the total amount of $2075.00 and REVOCATION of the Family Day Care Home License #F41MD0224. The Department’s authority and grounds to impose these sanctions are explained below. INTRODUCTION This is an administrative action for imposition of a civil penaity for known incidents of occurrence as authorized in section 402.310, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. Petitioner, The Department, is an administrative agency of the State of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. Respondent, Villar Family Day Home Daycare, Inc., d/o/a Villar Family Day Care Home, (‘Operator’), License No. F11MD0224, is licensed under Chapter 402, Florida Statutes, and Chapter 65C-22 and 65C-20, Florida Administrative Code, to operate a Family Day Care Home, located at, 22045 SW 125" Avenue Miami, Fl 33170. The Family Home license is currently an Annual License. VIOLATION 1 IMPOSITION OF A FINE Standard # 01-02 Licensed Family: Exceeded Capacity Class 1 Violation During an inspection on 8/16/2019, the Operator was cited for violating Standard # 01- 02: Licensed Family: Exceed Capacity a Class 1 violation, as the FSC observed the Operator was over the licensed capacity and the circumstances posed an imminent threat to the children which could or does result in serious harm and death of a child. When the inspection was conducted there were 25 children in care (11 children at the provider's home and 14 at the neighbor's home). Page 1 of 6 10. The Operator has been cited for 1 violation of Standard # 01-02: Licensed Family, Exceed Capacity, a Class 1 violation, within the last two years. The Department is therefore imposing a fine in the amount of $500.00 for the first violation in accordance with § 402.310, Fla. Stat. and Ch. 65C-20 and 65C-22, Fla. Admin. Code. VIOLATION 2 IMPOSITION OF A FINE Standard # 08-01 Staffing Requirements: Unscreened Individual Alone with Children Class 1 Violation During an inspection on 8/16/2019, the Operator was cited for violating Standard # 08- 01: Staffing Requirements: An unscreened individual was left alone with children in care, a Class 1 violation, at the time of inspection 14 children were found at the neighbor's home. The neighbor, Elisa Carmona did not have a Level 2 screening, generated from the Clearinghouse. The Operator has been cited for 1 violation of Standard # 08-01: Staffing Requirements, an unscreened individual was let alone with children in care, a Class 1 violation, within the last two years. The Department is therefore imposing a fine in the amount of $500.00 for the first violation in accordance with § 402.310, Fla. Stat. and Ch. 65C-20 and 65C-22, Fla. Admin. Code. VIOLATION 3 IMPOSITION OF A FINE Standard # 08-03 Staffing Requirements: Child Left in Vehicle/Home/Behind Class 1 Violation During an inspection on 8/16/2019, the Operator was cited for violating Standard # 08- 03: Staffing Requirements: Child Left in Vehicle/Home/Behind inside or outside the home, a Class 1 violation. FSC observed at the time of inspection that there were 14 children outside the home in the neighbor, Elsa Carmona’s house without the provider or any other authorized child care personnel. The Operator has been cited for 1 violation of Standard # 08-03: Staffing Requirements, Child Left in Vehicle/Home/Behind inside or outside the home, a Class 1 violation, within the last two years. The Department is therefore imposing a fine in the amount of $500.00 for the first violation in accordance with § 402.310, Fla. Stat. and Ch. 65C-20 and 65C-22, Fla. Admin. Code. VIOLATION 4 IMPOSITION OF A FINE Standard # 34-05 Fraudulent Information Provided: Serious Harm Class 1 Violation During an inspection on 8/16/2019, the Operator was cited for violating Standard # 34- 05: Fraudulent Information Provided: Serious Harm, a Class 1 violation. At the time of inspection Operator was asked several times by FSC if at any point or time she had transported children to any of the neighbor's homes, she replied every time "NO." As the investigation continued, it was concluded that she had in fact been transporting children, Page 2 of 6 11. 12. 13. 14. 15. 16. 17 multiple times to the neighbor's home, Elsa Carmona, as children were found at the neighbor's home during the inspection. Operator knowingly misrepresented, impersonated, or provided fraudulent information related to the Family Day Care home to a parent/guardian, licensing authority, or law enforcement that could result in death or serious harm to the health, safety or well-being of a child. The Operator has been cited for 1 violation of Standard # 34-05: Fraudulent Information Provided: Serious Harm, a Class 1 violation, within the last two years. The Department is therefore imposing a fine in the amount of $500.00 for the first violation in accordance with § 402.310, Fla. Stat. and Ch. 65C-20 and 65C-22, Fla. Admin. Code. VIOLATION 5 IMPOSITION OF A FINE Standard # 01-01 Licensed Family: Allowable Number of Children Exceeded Class 2 Violation During an inspection on 12/06/2017, the Operator was cited for violating Standard # 01- 01: Licensed Family: Allowable Number of Children Exceeded, a Class 2 violation, at the time of inspection FSC observed 7 preschool age children but the maximum capacity for children in this age group is 6. During an inspection on 08/16/2019, the Operator was cited for violating Standard # 01- 01: Licensed Family: Allowable Number of Children Exceeded, a Class 2 violation, at the time of inspection FSC observed 11 children but the licensed capacity for the family day care home is 10 children. The Operator has been cited for 2 violations of standard #01-01: Licensed Family: Allowable Number of Children Exceeded, a Class 2 violation, within two years of the last violation which occurred on 08/16/2019. The Department is therefore imposing a fine in the amount of $50.00 in accordance with § 402.310, Fla. Stat. and Ch. 65C-20 and 65C- 22, Fla. Admin. Code. VIOLATION 6 IMPOSITION OF A FINE Standard # 31-02 Children’s Records: Immunization Record Unacceptable Class 3 Violation During an inspection on 12/06/2017, the Operator was cited for violating Standard # 31- 02: Children’s Records: Immunization Record Unacceptable, a Class 3 violation, FSC observed that immunization records were expired for Samantha Hernandez and Sheyla Mojena. During an inspection on 01/17/2018, the Operator was cited for violating Standard # 31- 02: Children’s Records: Immunization Record Unacceptable, a Class 3 violation, FSC observed that immunization records were expired for Sheyla Mojena. During an inspection on 08/16/2019, the Operator was cited for violating Standard # 31- 02: Children’s Records: Immunization Record Unacceptable, a Class 3 violation, FSC observed that 11 immunization records for the children enrolled were expired. Page 3 of 6 18. 19. 20. 21. The Operator has been cited for 3 violations of standard # 31-02: Children’s Records: Immunization Record Unacceptable, a Class 3 violation, within two years of the last violation which occurred on 08/16/2019. The Department is therefore imposing a fine in the amount of $25.00 in accordance with § 402.310, Fla. Stat. and Ch. 65C-20 and 65C- 22, Fla. Admin. Code. CONCLUSION IMPOSITION OF PENALTY Revocation of Family Day Care Home License In accordance with §402:310(1)(a)(3) and 402.310(1)(b)(1)-(3) F.S. the Department is expressly authorized to deny, suspend or revoke a license or registration. When determining the appropriate disciplinary action to be taken for a violation as provided in paragraph (a), the following factors should be considered: severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted; actions taken by the licensee or registrant to correct the violation or to remedy complaints; and any previous violations of the licensee or registrant. In accordance with Rule 65C-22.010(2)(d)(1)(b), Fla. Admin. Code the Department shall progressively enforce disciplinary sanctions for the third and subsequent violation of a Class | standard, the Department SHALL suspend, deny or revoke the license. The Department, upon applying the factors in section 402.310(1) F.S., may also impose a fine not less than $100 nor more than $500 per day for each violation in addition to any other disciplinary sanction. During an inspection on 8/16/2019, the Operator was observed being over its licensed capacity of 10 children, having 11 in her care at the time of inspection. It was further observed that the Operator was concealing an additional 14 children a neighbor's home located at 12485 SW 221* Street. The neighbor, Elsa Carmona, an unscreened individual, and did not have a license. After application of the factors set out in §402.310(1)(b)(1)-(3) and the authority under Rule 65C-22.010(2)(d)(1)(b), the Department has made the determination to REVOKE license number F11MD0224. 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"! Ave, Suite N-314, Miami, FL 33128. 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 “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” PROVIDED BELOW Page 4 of 6 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 Families Office of the General Counsel Southern Region ATTN: Ariel Mitchell, Esq. 401 N.W. 2nd 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 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. 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. Page 5 of 6 (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 copy of the foregoing administrative complaint has been provided by U. S. certified mail, return receipt no. to, Villar Family Day Care Home located at 22045 SW 125" Avenue Miami, FL 33170 this 10th of Septembgs, 2019. Suzette Frazier Regional Program Safety Manager Florida Department of Children and Families Page 6 of 6 < &, = 4, Rick Scott s e C % State of Florida Governor : 2 Department of Children and Families , %, > Mike Carroll > e p> Secretary MYFLEAMILIES.COM. Bronwyn Stanford Regional Managing Director September 10, 2019 This document certifies that the following documents were delivered: Administrative Complaint and Complaint Inspection To: Villar Family Home Daycare, Inc. d/b/a Villar Family Day Care Home 22045 SW 125th Avenue Miami, FL 33170 F11MD0224 Received by: fely 4 (da fil ~ Plea: se Print / Signature Delivered by: Vine METS Cero Family Service Counselor Date: ©@& ho HG Circuits 11 and 16 401 NW 2*4 Avenue, Suite N-1007, Miami, Florida 33128 Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency

Docket for Case No: 19-005254