To: STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Miss Heidi's Learning Center Inc. CHARLOTTE COUNTY d/b/a Miss Heidi's Learning Center Certified Mail Return Receipt 3691 S Access Road #7015 0640 0002 0974 8010 Englewood, FL 34224 Case #2019- C20CH4594-02 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is imposing a fine of Five Hundred Dollars ($500.00). The Department's authority and grounds to impose this sanction are explained below. 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Miss Heidi’s Learning Center Inc. d/b/a Miss Heidi’s Learning Center for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. . Miss Heidi’s Learning Center inc. is licensed under section 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Miss Heidi’s Learning Center, located at 3691 S Access Road, Englewood, FL 34224. The facility is currently operating on a regular, annual license, certificate #C20CH4594 . The Department issued the Child Care Facility Handbook, which is incorporated by reference in Rule 65C-22.001(6), F.A.C. (effective October 25, 2017), and defines and explains the licensing standards that must be followed by all licensed facilities. The Child Care Facility Standards Classification Summary, which is incorporated by reference in Rule 65C-22.010(1)(e), F.A.C., identifies each licensing standard as either a Class |, Class Ill, or Class II! violation based upon the severity of the violation. Class | violations being the most serious. . On July 19, 2019, Child Care Regulation Counselor (CCRC) conducted a routine inspection. During the inspection, the facility was found to be in violation of Section. 2.4.5 of the Child Care Facility Handbook regarding seat Belts/Child Restraints. CCRC reviewed the transportation log and noted that on 6/24/2019 the provider transported 7 children in a red minivan. The facility is permitted to transport 6 children in the minivan. The facility placed one child in a front seat which is not permitted. Technical assistance was provided regarding the safe transportation of children to and from the facility. . The foregoing facts violate Section 2.5.5 of the Child Care Facility Handbook, which states in part: Each child, when transported, must be seated in a back seat in an individual factory installed seat belt or federally approved child safety restraint. The child safety restraint must be installed, secured and used in accordance with the manufacturer’s instructions and a copy of such instructions must be maintained (in the vehicle and/or on file). Child safety restraint must be replaced if they have been recalled, are past the manufacturer's “date of use” expiration date, or have been invoived in a crash that meets the U.S. Department of Transportation crash severity criteria or the manufacturer's criteria for replacement of restraints after a crash, as referenced in Caring for Our Children Basics Health and Safety Foundations for Early Care and Education, which is incorporated by in 65C-22.001(7)(v), F.A.C.... 6. The incident described above is a Class | violation, and the facility's occurrence of this Class | violation with in a two-year period. 7. Rule 65C-22.010 (2)(d)1.a., F.A.C. states, “for the first and second violation of a Class | Standard, the Department shall, upon applying the factors in Section 402.31(1), F.S., impose a fine not less than $100.00 nor more than $500.00 per day for each violation, and may impose other disciplinary sanctions in addition to the fine.” Due to the nature of the violation, the Department hereby Imposes an administrative fine of five hundred dollars ($500.00). 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 (Attention: Demetra Jordan, PO Box 60085, Fort Myers, FL 33906- 6085. 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 correct copy of the foregoing has been furnished by certified mail return receipt to Heidi Petroske, designated representative of Miss Heidi's Learning Center Inc. d/b/a_Miss Heidi's Leaming Center, 3691 S Access Road, od, IS day of 1 , 2019. ee Chantal Porte, Regional Safety Program Manager CC: George Gardner, OCF Legal Counsel James Palmer Family Services Counselor Supervisor Chemenda Sawyer Services Counselor Enclosure 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 Legal Counsel (Attention: George Gardner), Suite 256 PO Box 60085 Fort Myers, FL 33906-6085 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. 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 ali 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 are requesting 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. Inélude alt 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. If 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) A statement explaining how the facts you have alleged above relate 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 not affected when mediation or informal dispute resolution does not result in a settlement. 9/3/2014 Gmail - seat belt compliance Mm Gmail Allison Johnson seat belt compliance 2 messages Heidi Petroske Tue, Aug 13, 2019 at 6:38 PM To: james.Palmer@myfifamilies.com Ce: “Sawyer, Chemenda" , Lisa Toscano Good Evening, | am emailing you documents showing that we were not in non- compliance on 6/24/19 for seat belts. The situation was while boarding all the children for our field trip, we got a call from the preschool that a teacher had to go home sick unexpectedly and we had to send one of our teachers from the learning center over to cover her class. We then boarded all the children and only took 13 kids instead of 19. The van log book was then correct and we should have thrown out the car log. On the next field trip we used the same log and added Jennifer to the list of kids going but did not bring Kyrin on that day. We now only use the transportation log for one day for field trips. Allison Johnson- Director Miss Heidi's Learning Center (941) 475-3525 Cell- (941) 539-0845 seat belts 13-Aug-2019 18-18-35. pdf 2) 6307K Heidi Petroske Tue, Sep 3, 2019 at 10:38 AM Te: bluefire19691@yahoo.com Allison Johnson- Director Miss Heidi's Learning Center (941) 475-3525 Cell- (941) 539-0845 [Quoted text hidden] DQ seat belts 12-Aug-2019 18-18-35. pdf 6307K DEPARp Child Care Facility Information ot e Name: Miss Heidi's Learning Center [EB OCF stoncarce Po “v, 1D Number: C20CH4594 BB DCF eR Standards Fs) @ wht _ Address: 3691 S Access Rd, Englewood FL 34224-8652 a ; ~ Phone Number: (941) 475-3525 Capacity: 45 mail * Owner/Director/Staff Responsible: Allison Johnson ie ba . ca = Inspection Information ig ~ Type: Routine Date: 07/19/2019 Arrival/Departure Time: 02:00 PM to 05:18 PM Q~ ‘x 4 i Staff Present: 4 Children Present: 29 Onsite Visit: Yes AND [ INSPECTION CHECKLIST GENERAL REQUIREMENTS 01. License Displayed/Citation Posted/Advertising 8.402.3125({1}{a), F.S. Compliance 02. Minimum Age Requirements CCF Handbook, Section 2.2 Compliance 03. Ratio Sufficient CCF Handbook, Section 2.3 Compliance 4 to 9 years (10:1) 4 to school age (19:3) 04, Supervision CCF Handbook, Section 2.4 Compliance 05. Transportation CCF Handbook, Section 2.5 Compliance 06. Driver's License, Physician Certification & First Aid/CPR Training CCF Compliance Handbook, Section 2.5 and CCF Handbook, Section 7.4 07. Vehicle Insurance and Inspection CCF Handbook, Section 2.5.4 = Compliance — i - : — — 08. Seat Belte/Child Restraints CCF Haadbook, Section 2.6.4 and CCF Handbook, > Noncompliance Section 2.6.5 ih enicte had belts and/or safety restraints for {6] children and [7] children were transported at one time. CCF vena The CCRC reviewed the transportation log and observed that on 6/24/2019 the facility transported 7 children in the red van. The facility is only permitted to transport 6 children in the red van. The CCR staff explained to the director children are not allowed to ride in the front seat of the vehicle. Each child, when transported, must be seated in a back seal in an individual factory installed seat belt or federally approved child safety restraint. The child safety restraint must be installed, secured and used in accordance with the manufacturers instructions and a copy of such instructions must be maintained (in the vehicle and/or on file). Child safety restraint must be replaced if they have been recalled, are past the manufacturers date of use expiration date, or have been involved in a crash that meets the U.S. Department of Transportation crash severity criteria or the manufacturers criteria for replacement of restraints efter a crash, as referenced in Caring for Our Children Basics Health and Safety Foundations for Early Care and Education, which is incorporated by in 65C-22.001(7){v), F.A.C. This standard is being marked back into compliance based on the technical assistance provided during the inspection visit. Bus Date Completed at time of inspection Miolation Level ivities CCF Handbook, Section 2.6 Compliance 10. Fieid Trip Permission CCF Handbook, Section Compliance 11. Child Discipline CCF Handbook, Section 2.8 Compliance Page t of 6 ’* i ( ; tion . 2 ) ; (e; C ) Name Of Child Care Facility/HomelLarge Famly Child Care Home:__(V\ &\(C. — Geld sm Driver Instructions: Before transporting the children, the driver must record the current date, depariure location and departure time, destination, each child's first and last name, and piace an “X" In the “In Vehicle” column for each child as the child enters the vehicle, Upon arrival at the destination, the driver must (1) Record the arrivel time, (2) Watch each child exit the vehicle and place an “X" In the “Out of vehicie” column alter each chid has exited the vehicle, (3) Conduct a physical iInapection and visual sweep of the entire vehicle, including all tows, seats, and under seats to ensure all children have exited the vehicle and no children were left in the vehicle, and (4) Immediately sign and date the log after the physical Inspection and visual sweep, attesting all children have exited the vehicle. : 2nd Staff Member Instructions (Chiid Care Facilities Only): Upon arrival at the destination, @ 2rd staff member must: (1) Conduct a physical Inspection and visual sweep of the entire vehicle, including all rows, seats, and under seats to ensure ell chiidren have exited the vehicle and no children were left ia the vehicle, and (2) Sign and date the log immediately after conducting the physical Inspection and vievel sweep, attesting all chidren have exited the vahicle, rPpca-< ummso | | By signing holow, [attest to t All children . fy ( | wtation Log ( Name of Child Gare Facility/Home/Large Family Child Care Home: LC — rel te \ — Driver Instructions: Before transporting the children, the driver must record the current date, departure location and departure time, destination, each child’s first and last name, and place an “X" in the “In Vehicle” calumn for each child as the child enters the vehicle. Upon arrival at the destination, the driver must: (1) Record 'the arrival time, (2) Watch each child exit the vehicle and place an "X" in the “Out of vehicle” column after each child has exited the vehicle, (3) Conduct a physical Inspection and visual sweep of the entire vehicle, including ail rows, seats, and under seats to ensure all children have exited the vehicle and no children were feft in the vehicle, and (4) Immediately sign and date the jog after the physical inspection and visual sweep, attesting all children have exited the vehicle. 2na Staff Momber Instructions (Chitd Care Facilities Only}: Upon arrival at the destination, a 2oa staff member must: (1) Conduct a physical Inspection and visual sweep of the entire Vehicle, including all rows, sests, and under seats to ensure all children have exited the vehicle and no children were left In the vehicle, and (2) Sign and date the log immediately after conducting the physical Inspection andyisyal weep, attesting all child eaten Se vette. aed Fe S Ls Departure Time Acrival Tima Deperture Time __:__ AMPM Antivel The. _AMPM je | rr ee r>cen ummMso —_—_———_ ummso By signing below, | attest to undor seats, (2) All children s 2 TTS Leth | Cd AL KPR AA CR pom beet ade uote LU ON || Vw x vA Vv SN * ( ss Heidi's Learning Center check-in Rooms Student status Field Trips Active 3TUDENT ROOM \riahna Thomas Field Trips Zaith Harris Field Trips Savin Kearney Field Trips layleigh Pritts Field Trips wily Berk Field Trips 3raxton Bohn Field Trips sabella Sharpe Field Trips -ucas Decker Field Trips ools.mybrightwheel.com/reports/check-in Reports - brightwheel 4.2 brightwheel Student Date range All students 2019-06-24 - 2019-06-24 CHECK-IN SIGNED IN BY 06/24/2019 08:44 am _ — Allison Johnson 06/24/2019 08:44am — Allison Johnson 06/24/2019 08:44am — Allison Johnson 06/24/2019 08:44am — Allison Johnson 06/24/2019 08:44am — Allison Johnson 06/24/2019 08:44am — Allison Johnson 06/24/2019 08:44am — Allison Johnson 06/24/2019 08:44 am — Allison Johnson Paul Petroske v CHECK-OUT 06/24/2019 02:25 pm 06/24/2019 02:25 pm 06/24/2019 02:24 pm 06/24/2019 02:25 pm 06/24/2019 02:25 pm 06/24/2019 02:25 pm 06/24/2019 02:25 pm 06/24/2019 02:25 pm (aq \ ea —-1 4 D) SIGNED OUT BY TOTAL HRS Allison Johnson 05:41:07 ( Allison Johnson 05:41:07 ee J Allison Johnson 05:40:46 3 Allison Johnson Allison Johnson Allison Johnson Allison Johnson Allison Johnson 05:41:07 & 05:41:00 (p 05:41:00 | 05:41:00 % sTUDENT dlegan Decker jamantha Mazzoni saiah Wolvington * $007.35° _ 07 90876096 SEP 032019 MAILED FROM zip CODE 34224 , _ ee I x - | = | = 7 PRIORITY’ > * MAIL * vemusaruses.cour | FROM: Miss Heicdif Lear nin Qutec Baul S. Access RL Englewood Fl 34224 | TO: _ ~ Dept ef Children ¢ Fa mbes Lecs\ Cooner | “PO Box GoosS Fort Myers FL 33 TOL-Co8S AA ni{George Gacdner - So te 282) | Label 228, March 2016 FOR DOMESTIC AND INTERNATIONAL USE | L _| tents, the maximum weight Is 4 Ibs. This packaging [s the property of the U.S. Postal Service® and Is provided solely for use In sending Prierity Mall® shipments. Misuse may'be a violation of federal law. This packaging Is not for resale. EPI4F © U.S, Postal Service; Octobar 2018; All rights reserved. et

Docket for Case No: 19-005078

Issue Date	Proceedings
Mar. 20, 2020	Settlement Agreement filed.
Mar. 20, 2020	Agency Final Order Closing File filed.
Jan. 10, 2020	Transmittal letter from Claudia Llado forwarding Respondent's Exhibits to Respondent.
Jan. 06, 2020	Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 06, 2020	Order Granting Motion to Amend Administrative Complaint
Jan. 03, 2020	Motion to Relinquish Jurisdiction filed.
Jan. 03, 2020	Motion for Leave to Amend filed.
Dec. 16, 2019	Notice of Transfer.
Nov. 25, 2019	Order Rescheduling Hearing by Video Teleconference (hearing set for January 7, 2020; 9:30 a.m.; Fort Myers and Tallahassee, FL).
Nov. 25, 2019	CASE STATUS: Pre-Hearing Conference Held.
Nov. 18, 2019	Notice of Telephonic Pre-hearing Conference (set for November 25, 2019; 9:30 a.m.).
Nov. 14, 2019	Amended Notice of Hearing by Video Teleconference (hearing set for December 3, 2019; 9:30 a.m.; Fort Myers and Tallahassee, FL; amended as to start time).
Nov. 14, 2019	Shipment Receipts from Respondent filed.
Nov. 13, 2019	Shipment Receipts from the Respondent (unclear copy) filed.
Nov. 06, 2019	Order Requiring Service.
Nov. 04, 2019	Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 08, 2019	Amended Administrative Complaint Imposing a Fine and Revoking Gold Seal Quality Care Designation filed.
Oct. 07, 2019	Order Granting Motion for Leave to Amend.
Oct. 07, 2019	Motion for Leave to Amend filed.
Sep. 30, 2019	Order of Pre-hearing Instructions.
Sep. 30, 2019	Notice of Hearing by Video Teleconference (hearing set for December 3, 2019; 9:00 a.m.; Fort Myers and Tallahassee, FL).
Sep. 26, 2019	Joint Response to Initial Order filed.
Sep. 23, 2019	Initial Order.
Sep. 20, 2019	Administrative Complaint filed.
Sep. 20, 2019	Request for Administrative Hearing filed.
Sep. 20, 2019	Notice (of Agency referral) filed.

Orders for Case No: 19-005078

Issue Date	Document	Summary
Mar. 19, 2020	Agency Final Order