STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Kidz Learning Academy Childcare Center 4607 N Pine Hills Road Orlando, FL 32808 Certified Mail Return Receipt No Hye OVOOOWO F9IOF 62FF ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of $375,00. The Department’s.authority.and:grounds to impose this sanction are explained below. 1. The Department of Children: arid Families is authorized by section 402,310, Florida Statutes, to sanction Kidz Learning Academy Childcare Center for violations. of child care licensing standards in sections 402.361 ~ 402.319, Florida Statutes, and chapter'65C-22, Florida Administrative Code and the Child Care Facility Handbook, incorporated by reference in chapter 65C-22, Florida Administrative Code.(effective October.25, 2017). 2, Kidz Learning Academy Childcare Centers licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child caré facility located at 4607 N Pine Hills Road, Orlando,-FL 32808: The facility license is currently regular annual:license. 3. Respondent committed a Class I licensing violation.of Section 2.5.5 of the Child Care Facility Handbook, with respect to the Seat Belts/Child Restraints Rule. On August 14, 2018; The facility’s use of seat belts was not age appropriate for children being transportéd who required safety restraints. At the time-of inspection, the licénsing.counselor obsérved.on the transportation log that children the age-of four years old was being transported without booster seats. 4.The foregoing facts violate Section 2.5.5 of the Child Care Facility Handbook, 5. The violation described above is a Class I violation of child care licensing standards. It is the facility’s first Class I violation of Seat Belts/ Child Restraints Rule within a two-year period. For this violation, the Department imposes a $250 fine which is imposed in accordance with Section 402.310(10)(a), Florida Statues. And 65C-22.010(2)(d), Florida Administrative Code, « 6, Respondent committed a Class II licensing violation of s. 402.305(4) Florida Stanite, with respect to:the Ratio Sufficient Rule. On August 14, 2018 and April 3, 2018; the facility did not have sufficient staff available to supervise the children in care. 7. The foregoing facts violate s. 402.305(4) Florida Statute. 8, The violation described above is a Class I) violation of child care licensing standards: Itis the facility’s second Class Il violation of Ratio Sufficient Rule within a two-year period. For this violation, the Department imposes a $50 fine which is imposed in accordance with Section 402.310(1.0)(a), Florida Statues. And 65C-22.010(2)(d), Florida Administrative Code, 9, Respondent committed a Class II licensing. violation of Section 2.4 of the Child Care Facility Handbook, with respect to the Supervision Rule. On August 14, 2018 and April 3, 2018; the supervision of the children in care was inadequate. 10. The foregoing facts violate Section 2.4 of the Child Care Facility Handbook. 11. The violation described above is a Class {I violation of child care licensing standards. It is the facility’s second Class II violation of Supervision Rule within a two-year period! For this violation, the Department imposes a $50 fine which is imposed in accordance with Section 402.310(10)(a), Florida Statues. And 65C=22.010(2)(d), Florida Administrative Code. 12. Respondent committed a Class If] licensing violation of Section 3.9.5, B ofthe Child Care Facility. Handbook, with-respect to the Bottles and Infant Food Rule, On August 14, 2018, May 9, 2018 and April 3, 2018; bottles and/or sippy cups: brought from home were not labeled with child’s first-and last name. 13. The foregoing facts violate Section 3.915, B of the Child Care Facility Handbook. \4, The violation described above is.a Class III violation of child care licensing standards. It is:the facility’s third:Class TI] violation of the Bottled and Infant-Food Rule within a two-year period. For this violatiéi, the Department imposes:a $25 fine which is imposed in accordance with Section 402.310(10)(a), Florida Statues. And 65C-22.010(2)¢d), Florida Administrative Code. Total Fine Due: $375 If you do not wish to contest the findings:of this administrative complaint, payment of the fine amoutit may be made directly to:the Florida Department of Children and' Families, Child Care Regulation Office by money order or cashier’s check. The mailing address is: Department of Children and Families Attention: Child Care Regulation 400 West Robinson Street $-929 Orlando, Florida 32801 if you wish to:contest the findings of this administrative complaint, the sanctions imposed,.you may. doi so.as.ptovided in the notification of rights below: 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 THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Kidz Learning Academy Childcare Center located at 4607 N Pine Hills Road, Orlando, FL 32808, this 18th day of September, 2018 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 addresses: Brian Meola, Esq. Department of Children and Families C/O District Legal Office, S-1129 400 West Robinson Street Orlando, Florida 32801-9425 IP 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, Ata 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- 106.201 5(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. (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 toby all parties. The right to an administrative proceeding is not affected when mediation or informal dispute resolution does not result ina settlement. Please contact the Program Office (850) 488-4900 should you have additional questions or concerns. 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Docket for Case No: 18-006282

Orders for Case No: 18-006282