STATE OF FLORIDA ,DEPARTMENT OF CHILDREN AND FAMILIES To: Kids Kastle Childcare Center Corp d/b/a Kids Kastie Childcare Center Corp South 3638-42 Evane Avenue Fort Myers, FL 33916 Certified Mail Retum Receipt No. 7014 2870 0001 2751 0953 YOU ARE HEREBY NOTIFIED the Department is imposing an administrative fine in the amount of $575.00. The Department's authority and grounds to impose these sanctions are explained below. 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, fo sanction Kids Kastle Childcare Center Corp d/b/a Kids Kastie Chitdcare Center Corp South for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2 Kids Kastle Childcare Center Comp is licensed under section 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known ae Kids Kastle Childcare Canter Corp South, located at 3638-42 Evans Avenue, Fort Myers, FL 33816. The facility is currently operating on an annual license, certificate #020LE0162. 3. During a routine Inspection conducted on January 16, 2015, the facility was cited for noncompliance with licensing standard #8, Seat Belts/Child Restraints. The operator transported children between the ages of 4 and 5 without the proper safety restralnts.. This is a Class 1 violation of child care licensing standards. Therefore, further administrative action is required. 4. The foregoing facts violate Florida Administrative Code 65C-22.001(6)(e), which states, “(e) Each child, when transported, must be in an individual factory . installed seat belt or federally approved child safety restraint, unless the vehicle is excluded from this requirement by Florida Statute.” §. The violation described above is a Class 1 violation of child care licanaing standards. This was the first occurrence of this Class 1 violation within a two year period. The Department le Imposing 2 $500.00 administrative fine, 6. During 2 renewal inspection conducted on May 3, 2013, the facility was cited for noncompliance with licensing standard #14, Facility Environment, with regard to an area(s) of the facility having been observed to not be in good repair. The electrical face plate in the front room by the office was broken and needed to be replaced. Cable and phone wires needed to be repaired and contained on the wall by the staff bathroom. This is a Class 3 violation of child care licensing standards. This was the first occurrence of this Class 3 violation within a two year period. As such, technical assistance was provided. During a routine inspection conducted on September 17, 2013, the facility was cited for noncompliance with licensing standard #14, Facility Environment, with regard to an area(s) of the facility having been observed to not be.In good rapair, The tile was broken by the back door of the VPK room and the door stop was missing. There was patched drywall observed by the door of the VPK room that needed to be painted and missing baseboard needed to be replaced, The kitchen door latch needed to be repaired. The. phone wiring by the boy's bathroom in the 3-year old room needed ta be enclosed, The refrigerators were not cooling off to the required temperature, and needed fo be repaired or replaced. This was the second occurrence of this Claes 3 violation within @ two year period. As such, an administrative waming was iasued. - During a renewal inspection conducted on May 7, 2014, the facility was cited for noncompliance with licensing standard #14, Facility Environment, with regard to an area(s) of the facility having bean observed to not be in good repair. A cot in the 3 and 4-year old room was observed to be ripped/frayed and need to be raplaced. This was the third occurrence of this Class 3 violation within a two year period. Therefore, further administrative action is required. 7. The foregoing facts violaie Florida Administrative Code 65C-22.002(1}(a), which states, “All child care facilities must be clean, in good repair, free from health and safety hazards and from vermin infestation.” 8. The violation described above is a Clase 3 violation of child care licensing standards. Thie was the third occurrence of this Class 3 violation within a two year patiod, The Department is imposing ¢ $28.00 administrative fine. 9. Quring a renewal Inspection conducted on May 3, 2013, the facility was cited for noncompliance with licensing standard #40, Outdoor Equipment, with regard to reaifiant surfacing not being provided beneath and within the fall zone of the playground equipment. {t wae observed that there was mulch directly over concrate and the concrete was exposed. The licensing counselor provided additional documentation on resilient surfacing requirements. This is a Class 2 violation of child care licensing standards. This was the firet occurrence of this Class 2 violation within a two year period. As such, an administrative waming was issued. ; During 4 routine inspection conducted on September 24, 2014, the facility was cited for noncompliance with licensing standard #40, Outdoor Equipment, with regard to resilient surfacing not being provided beneath and within the fall zone of the playground equipment. It was observed that there was no ground cover under the swing, and-that there was exposed asphait at the bottom of the slide. This was the second occurrence of this Class 2 violation within a two year period. Therefore, further administrative action is required. 10. The foregoing facts violate Florida Administrative Code 65C- 22,002(11){b)3., which states, “Permanent or stationary playground equipment must have a ground cover or other protective surface under the equipment that provides resilonce, and ts maintained to reduce the incidence of injuries to children in the event of falls,” 41. The violation described above is a Class 2 violation of child care licensing standards, This was the second occurrence of this Class 2 violation within a two year period, The Department le imposing 2 $50.00 administrative fine, (f you do not wish to contest the findings of this administrative complaint, payment of the fina amount may be made directly to the Florida Department of Children and Families, Child Care Regulation (Attention: Sherrie Quevedo, Post Office Box 60085, Fort Myers, FL 33808-6085. if you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do so as provided in the notification of rights below. NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TOA HEARING. You may submit your request for an administrative hearing to the Department at the following addresses: Department of Children and Families Legal Counsel (Attention: Eugenia Rehak) Post Office Box 60085 Fort Myers, FL 33606-6085 Department of Children and Families Agency Clerk (Attention: Paul Sexton) Office of General Counsel 1317 Winewood Bivd Bullding 2, Room 204 Tallahassee, Fi 32399 Please note a request for an administrative hearing must comply with section 120.568(2)(c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions require a petition for administrative hearing to include: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telaphone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; (c) An explanation of how the petitioner's substantial interests will be affected by the agency determination; (€) A tata ent of when and how the patitioner received notice af the agency decision; (e) A statement of all disputed issues of material facts. If there are none, the petition must 80 Indicate; (} A concise statement of the ultimate facts alleged, including the epecific facts the petitioner contends warrant reversal! of modification of the agency's proposed action; (g) A statement of the specific rules or siatutes the petitioner contends require raversal or modification of the agency's proposed action, Including an explanation of how the alleged facts refate fo the specific rules or statutes; and (h) A statemenit of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action, Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require @ petition to be dismissed if It is not in substantial compliance with the requirements above. Mediation as described in section 120,573, Florida Statutes, may be available if agreed fo by all parties, and on such terms as agreed to by ail parties. The right te an administrative proceeding is not affected when mediation does not result ina settlement. SERTIFICATE OF SERVICE HEREBY CERTIFY that 9 true and correct copy of the foregoing has been furnished by certified mail return receipt to Gloria Green, owner, designated corporate representative, applicant and on-site director of Kids Kastle Childcare Center Corp d/b/a Kids Kastle Childcare Center Corp § South, 3636-42 Evans Avenue, Fort Myers, FL 33018, thie \\gb day of _ : , 2015. Wehnes, CPM Rocona! Safety Program Manager CC: Eugenie Rehak, DCF Legal Counsel Shere Quevedo, Child Care Regulation Supervisor

Docket for Case No: 15-002379