4, Ron DeSantis 8 @ State of Florida Governor Department of Children and Families &; Chad Poppell Ls Secretary PEN rahe MYFLFAMILIES.COM Notice of Denial June 5, 2019 Certified Mail # To: Return Receipt Requested Yuliya Golikova Happy Stars Academy RO7FL2003 40 Furness PI. Palm Coast, FL 32137 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department intends to deny your family day care home registration located at 40 Furness Pl, Palm Coast FL 32137. The Department's authority and grounds to impose this sanction are explained below. Golikova Family Day Care Home is registered under section 402.313, Florida Statutes, to operate a registered family day care home doing business as Happy Stars Academy. The Department of Children and Families is authorized by s. 402.310, Florida Statutes (F.S.) to sanction Golikova Family Day Care Home for violations of any provision of ss. 402.301 — 402.319,F.S. , or rules adopted thereunder. This includes the authority to revoke a registration, s.402.310(1) (a)3, F. S. 2. On May 3, 2019, the Department received a renewal application for registration of Happy Stars Academy. The current registration expires July 6, 2019. . The application submitted and signed by Yuliya Golikova identified only 6 preschool children in care; three 1-year olds, one 3-year old, two 4-year olds. On May 30, 2019, a complaint investigation was conducted by Licensing Counselor, Jessica Bevilacqua, where she observed 11 children in care, approximately 1-years old through 4-years old of age. This number exceeds the capacity for pre-school age children permitted by 402.302(8), Florida Statutes. Pursuant to s. 402.302 (8), “A family day care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age: (a) A maximum of four children from birth to 12 months of age. (b) A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children. (c) A maximum of six preschool children if all are older 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 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 than 12 months of age. (d) A maximum of 10 children if no more than 5 are preschool age and, of those 5, no more than 2 are under 12 months of age.” 6. Pursuant to s. 402.319(1), F.S. ., it is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person knowingly to: (a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment or licensure regulated under ss. 402.301-402.318 all information required under those sections or a material fact used in making a determination as to such person’s qualifications to be child care personnel, as defined in s. 402.302, in a child care facility, family day care home, or other child care program. 7. On May 3, 2019 the Department received your substitute log showing a substitute working multiple hours a month. On May 9, 2019, the Department received a statement from you stating that the substitute is used “ONLY” in cases of emergencies. During the investigation on May 30, 2019, the operator, Yuliya Golikova, was not present at the home. The substitute caregiver, Tatiana Koroleva, stated that the owner was working, that she would be home tomorrow, and that there were never any emergencies. Pursuant to s. 402.313(1)(a)4, F.S., “Proof of a written plan to provide at least one other competent adult to be available to substitute for the operator in an emergency.” 8. The denial of the registration is based on the fact that Happy Stars Academy is not being operated as represented to the Department with the application filed with the Department on May 3, 2019, operating over capacity, and utilizing a substitute to provide care/operate the family day care home while the operator is working outside the home is in violation of statutory requirement in s.402.302, and 402.313, F.S. It is a misdemeanor of the first degree to operate or attempt to operate a family day care home without a license or without registering with the Department, pursuant to s. 402.319(1) (c) Florida Statutes. If the Department determines you are operating a family day care home without a license _or registration, the Department may petition the circuit court to issue an injunction against you under section 402.312, Florida Statutes, and may refer the matter to the State Attorney under section 402.319. Florida Statutes. 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” Should you have any questions regarding this notification, please contact the Child Care Program Office at (850) 488-4900. Sincerely, Shelley Tinney Operations and Management Consultant II CC: Samantha Wass de Czege, Director, Office of Child Care Regulation Mala Ramoutar, Regional Safety Program Manager Betsy Lewis, Licensing Supervisor Jessica Bevilacqua, Licensing Counselor Stefanie Camfield, Assistant General Counsel Enclosure: Notification of Rights Under Chapter 120, Florida Statutes NOTICE OF RIGHTS 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: Agency Clerk Department of Children and Families 1317 Winewood Blvd, Bldg. 2, Rm. 204 Tallahassee, FL 32399-0700 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 all 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. Include all of 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.

Docket for Case No: 19-003477

Orders for Case No: 19-003477