STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Kinderland Place, Inc. 12330 Westlinks Drive Certified Mail Return Fort Myers, FL 33913 _ Receipt No.7012 1640 0001 0223 9875 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is imposing an administrative fine in the amount of $200.00 and suspending the facility's license for three days. 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, to sanction Kinderland Place, Inc. for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C- 22, Florida Administrative Code. 2. Kindertand Place, Inc. is licensed under section 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility located at 12330 Westlinks Drive, Fort Myers, FL 33913. The facility currently has a regular, annual license, certificate #C20LE6503. 3. During a complaint inspection conducted on August 7, 2009, the facility was cited for noncompliance with licensing standard #4, Ratio Sufficient. A ratio of one staff for a mixed age group of nine children, with one year old children present, was observed, This was the first occurrence of this Class 2 violation of licensing standard #4, Ratio Sufficient, within a two year period. As such, an Administrative Warning was issued that same day. ; During a complaint inspection conducted on March 3, 2011, the facility was cited for noncompliance with licensing standard #4, Ratio Sufficient, A ratio of one staff for six infant children was observed. This was the second occurrence of this Class 2 violation of licensing standard #4, Ratio Sufficient, within a two-year period. As such, an Administrative Fine of $50.00 was imposed on April 15, 2011. During a renewal inspection conducted on June 13, 20114, the facility was cited for noncompliance with licensing standard #4, Ratio Sufficient. Two staff supervising nine infants was obseived. This was the third occurrence of this Class 2 violation of licensing standard #4, Ratio Sufficient, within a two year period. As such, the facility was advised that further Administrative Action would follow. During a reinspsction on June 16, 2011, the facility was cited for noncompliance with licensing standard #4, Ratio Sufficient. There was one staff supervising ten one year old children observed. This was the fourth occurrence of this Class 2 violation of licensing standard #4, Ratio Sufficient, within a two year period. As:such, further Administrative Action was required, During a reinspection on June 17, 2011, the facility was cited for noncompliance with licensing standard #4, Ratio Sufficient. There was one staff observed supervising six infants. This was the fifth occurrence of this Class 2 violation of licensing standard #4, Ratio Sufficient, within a two year period. As such, in a comprehensive Administrative Action that was imposed on June 30, 2011, the renewal of the facility's license was denied. The owner/operator filed a timely appeal. In a Settlement Agreement that, was reached and signed on July 12, 2011, the Department withdrew the license denial and issued the facility a six-month probationary license. Additionally, a $60.00 fine was imposed for the third occurrence this Class 2 violation on June 13, 2011, a $75.00 fine was imposed for the fourth occurrence of this Class 2 violation on June 16, 2011, and a $75.00 fine was imposed for the fifth occurrence of this Class 2 violation on June 17, 2011 (for the total amount of $210.00). During a complaint investigation/inspection conducted on November 6, 2012, the facility was cited for noncompliance with licensing standard #4, Ratio Sufficient. One teacher left the infant room, while the licensing counselor was present on site, leaving one teacher to supervise five infants in that room. The one-year old room was also observed to be off ratio, as the licensing counselor observed one teacher supervising seven one-year old children. This is the fifth occurrence of this Class 2 violation of licensing standard #4, Ratio Sufficient, within a two year period. As such, further Administrative Action is required, and a license suspension of three days is warranted. 4. The foregoing facts violate Florida Administrative Code 65C-22.001(4)(a) and (b), which state, "(4) Ratios. (a) The staff-to-child ratio, as established in s. 402.305(4), F.S., is based on primary responsibility for the direct supervision of children and applies at all times while children are in care. .(b) Mixed Age Groups. 1. In groups of mixed age ranges, where children under one year old age are included, one staff 7 member shall be responsible for no more than four children of any age group, at all times. 2. In groups of mixed age ranges, where children one year old age but under two years of age are included, one staff member shall be responsible for no more than six children of any age group, at all times.” The foregoing facts violate Florida Statute 402.305(4), which states, "(4) Staff-To- Children Ratio— (a) Minimum standards for the care of children in a licensed child care facility as established by rule of the department must include: 1. For children from birth through 1 year of age, there must be one child caré personnel for every four children. 2. For children 4 year of age or older, but under 2 years of age, there must be one child care personnel for every six children. 3. For children 2 years of age or older, but under 3 years of age, there must be one child care personnel for every 11 children. 4. For children 3 years of age, but under 4 years of age, there must be one child care ° personnel for every 15 children. 5. For children 4 years of age or older, but under 5 years of age, there must be one child care personnel for every 20 children. 6. For children 5 years of age or older, there must be one child care personnel for every 25 children. 7. When children 2 years of age and older are in care, the staff-to-children ratio shall be based on the age group with the largest number of children within the group.” 5. The violation described above is a Class 2 violation of child care licensing standards. It is the facility's fifth Class 2 violation of #4, Ratio Sufficient, within a two year period. An Administrative Warning had been issued on August 7, 2009. The facility paid administrative fines for the second, third and fourth occurrences, and was placed on a six month probationary license for a fifth occurrence as part of the July 7, 2011 Settlement Agreement. The Department is now imposing a three-day suspension of the facility license for second fifth occurrence of the same type of violation within a two year period. Also, as the licensing counselor observed 2 separate ratio violations during the November 6, 2012 complaint investigation/inspection, a $200.00 fine is imposed ($100.00 for each violation, one in the infant room and one in the one-year old . room). 6. Florida Administrative Code 65C-22.010(2)(a) states in part “(a) Enforcement of disciplinary sanctions shall be applied progressively for each standard violation: Florida Administrative Code 65C-22.010(2)((e) states in part, “(e) Disciplinary sanctions for licensing violations that occur within a two year period shail be progressively enforced as follows: ...2. Class I! Violations... e. For the fifth and subsequent violation of the same Class II standard, the department shall issue an administrative complaint to suspend, deny, or revoke the license, and the department shall also issue an administrative complaint imposing an additional fine of $100 per day for each violation.” 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: Sherrie Quevedo, Post Office Box 60085, Fort Myers, FL 33906-6085. 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: Eugenie Rehak) Post Office Box 60085 Fort Myers, FL 33906-6085 Department of Children and Families Agency Clerk (Attention: Greg Venz) Office of General Counsel 1317 Winewood Bivd Building 2, Room 204 Tallahassee, FL 32399, Please note a request for an administrative hearing must comply with section 120.569(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 telephone 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; : (d) A statement of when and how the petitioner received notice of the agency decision; : (e) A statement of all disputed issues of material facts. If there are none, the . petition must so indicate; (f} A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal of modifi cation of the agency's proposed action; (g) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (h) A statement 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 a petition to be dismissed if it is not in substantial compliance with the requirements above. Mediation as described in section 420.573, Florida Statutes, may be available 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 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 return receipt to Rosemarie Gonzalez, on-site director of Kinderland Place Inc., 12330 Westlinks Drive, Fort Myers, FL 33913 and Jean Carter, ‘designated corporate representative of Kinderland Place, Inc., 14639 Eagles Lookout December Court, Fort Myers, FL 33912, this 2°]40. day of , 2012. Mary Beth Wehnes, CPM Regional Safety Program Manager CC: Eugenie Rehak, DCF Legal Counsel Sherrie Quevedo, Child Care Regulation Supervisor

Docket for Case No: 13-000443