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DEPARTMENT OF CHILDREN AND FAMILIES vs SUPER SUB 1 TRADING CORP, D/B/A IVY LEAGUE ACADEMY, 19-004017 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-004017 Visitors: 12
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: SUPER SUB 1 TRADING CORP, D/B/A IVY LEAGUE ACADEMY
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Jul. 26, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 14, 2019.

Latest Update: May 23, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Super Sub 1 Trading Group Corp By Hand Delivery dib/a ivy League Academy 2350 Market Or Fleming Island, FL 32003 Gase# 2019-CO4CL0115-3 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penally in the amount of One Thousand Dollars ($1,000.00) and PROBATION. The Depariment's authority and grounds to impose this sanction are explained below: 1. The Department of Children and Families is autharized by section 402.310, Florida Statutes, to sanction Super Sub 1 Trading Group Corp d/b/a Ivy League Acadamy for violations of child cara licensing Btendarda In sections 400,807 - 408.940, Fleride Qtatutes, and chapter 686-22, Fiorlda Administrative Code, 2. Super Sub 1 Trading Group Corp is licensed under chapter 402, Florida Statutes, and chapter §5C-22, Florida Administrative Code, to operate a child care facility known as lvy League Academy License #CE04CL0115 located at 2350 Market Or, Fleming Island, FL 32003. The facility's license is currently a REGULAR License. Violation #1 3. During a Complaint Investigation on May 29, 2019 DCF Licensing Counselor, Hannah McGiothlin, determined that: Upon arrival at the destination, the driver of the vehicle and second adult failed to conduct a physical inspection and visuat sweep of the vehicle to ensure that no child was left in the vehicle. During the inspection on May 29, 2019, Counselor observed driver R.H. not conduct a physical inspection and visual sweep immediately upen arrival to the program. Driver errived at the program with the children at 3:06 p.m. A physical inspection and visual sweep ware not conducted until roughly 3:20 p.m. when the Counselor instructed R.H. that an inspection needed to occur. There was not a physical inspection and visual Inspection of the vehicle conducted by another different staff member. 4, The foregoing facts violate CCF Handbook, Section 2.5.2 D-E which states: D. Upon arrival at the destination by vehicle, the driver of the vehicle must: 1. Mark each child off the log as the child departs the vehicia; 2. Conduct a physical inspection and visual sweep of the vehicle interior to ensure that no child is left in the vehicle; and 3. Record, sign, and date the transportation log immediately, verifying that all children were accounted for, and that the visual sweep was conducted. 4, Ensure that a second staff member signs and dates the transportation Log verifying that ail children were accounted for, and that the log is complete. E. Upon arrivat at the destination by vehicle, a second and different staff member must: 1. Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle; and 2. Sign, date and record the transportation tog immediately, verifying that all children were accounted for, and that the log is complete. 5. The violation described above is a Class | violation of child cara licensing standards. It is the facility's first (1°) Class [ violation of Child Care Facility Standards Classifications Summary #05-06 Transportation within a two-year period, This is also the secand (2"*) Class | violation of any standard within a two-year period. The fine imposed for this violation is Five Hundred Dollars ($500.00) and PROBATION. PROBATIONARY STATUS The Respondent's License will be placed on Probationary Status for a period not to exceed six (6) months. The terms of the Probation are as follows: a. The facility shail incur no Class | violations during the probationary period. b. The facility shail incur no Transportation violations during the probationary period. Failure to comoly with (hese conditions may result in revocation of Respondent's license 2 Violation #2 3. During a Complaint Investigation on May 29, 2019 DCF Licensing Counselor, Hannah McGlothlin, determined that: The number of children transported exceeded the manufacturer's designated seating capacity. From the complaint investigation it was determined that staff member R.H. transported five (5) children in her personal vehicle on May 28, 2019. R.H. personal vehicte only has room to transport five (5) total passengers (driver plus four (4) children). Through an interview with the Counselor, R.H. confirmed that she transported one {1} more child than what the manufacturer's designated seating capacity allows on May 28, 2019, R.H. stated that she made sure that the three (3) children that were not her own (two (2) of the children picked up were her biologicat children) had seatbelts before her own children, 4, The foregoing facts violate CCF Handbook, Section 2.5.4 B which states: For the purpose of this section, vehicles refer to those owned, operated or regularly used by the child care program, and vehicles that provide transportation through a contract or agreement with an outside entity. Parents’ personal vehicles used for transporting during field trips are excluded from meeting the requirements of this sub-section. The maximum number of individuals transported in a vehicle may not exceed the manufacturer's designated seating capacity or the number of factory installed seat belts. 5. The violation described above is a Class ! violation of child care licensing standards. itis the facility's first (1™} Class [ violation of Child Care Facility Standards Classifications Summary #08-02 Seat Beits/Child Restraints within a two-year period. This is also the third (3°) Class | violation of any standard within 2 two-year perlod. The fine imposed for this violation Is Five Hundred Dollars ($500.00). "if you do not wish to contest the findings of this administrative complaint, pisase submit a cashier's check der_made payable te the Florida Department of Childran and Families, Child Care Regulation Office, P.O, Box 2417, Jacksonville, FL 32231. 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 1420, 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: David Tucker Ohlef Legal Gounsel Department of children & Families P, O. Box 2417 dacksonviile, FL. 32231-0083 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. (f you disagree with the facts stated in the Department's decision, you may request 4 formal administrative hearing under section 120.57(1), Florida Statutes. At a formai 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 inforrnal hearing, you may present your argument or a written statement for consideration by the Department. Whether you 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- 4106.301(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 Cepartment's decision; {g) A statement of the specific rules or statutes you believa tequire 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. CERTIFICATE OF SERVICE Super Sub 1 Trading Group Corp d/b/a Ivy League Acadamy, 2350 Market Dr, Fleming isiand, FL 32003 this 2." day of July 2019. . i ry ae ( Weil , Mala Ramoutar Safety Program Manager Certification of Service THIS WILL CERTIFY that a copy of /\dmini¢liative fine {er _|nspection atid 5/24/19 was served upon Roderick Meye r ot_lvy League Academy [Cotctol 5 | by Carl T. Smith at_|O 40; (6M) / PM. on 2 IT. — r/elee)7 (Case = 20(1- CotCLoll5-3 aterdepartment Delivery NOTE - CROSS OUT ENTIRE LINE WHEN RECEIVED AND RE-USE UNTIL ALL LINES ARE FULL DELIVER TO DEPARTMENT SENT BY DEPARTMENT David Tucker Rebekah Harris [904 589 07TH ote gina 32 WM yan Use Other LY Side First SENT BY DEPARTMENT 490 ponooed DELIVER TO DEPARTMENT

Docket for Case No: 19-004017
Issue Date Proceedings
Nov. 14, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 13, 2019 Notice of Voluntary Dismissal filed.
Nov. 13, 2019 Notice of Settlement and Voluntary Dismissal filed.
Oct. 31, 2019 Order Granting Extension.
Oct. 31, 2019 Status Report (filed in Case No. 19-004633).
Oct. 17, 2019 Order Granting Continuance (parties to advise status by November 1, 2019).
Oct. 14, 2019 Joint Motion for Continuance filed.
Sep. 13, 2019 Order of Consolidation (DOAH Case Nos. 19-4633) (hearing set for October 29, 2019; 9:30 a.m.; Jacksonville, FL).
Sep. 12, 2019 Joint Motion to Consolidate and Continue Formal Hearing filed.
Sep. 11, 2019 Notice of Appearance (Julie Gallagher) filed.
Aug. 09, 2019 Order of Pre-hearing Instructions.
Aug. 09, 2019 Notice of Hearing (hearing set for September 19, 2019; 9:30 a.m.; Jacksonville, FL).
Aug. 08, 2019 Order of Consolidation (DOAH Case Nos. 19-4016 and 19-4017).
Aug. 02, 2019 Joint Response to Initial Order filed.
Jul. 29, 2019 Initial Order.
Jul. 26, 2019 Administrative Complaint filed.
Jul. 26, 2019 Request for Administrative Hearing filed.
Jul. 26, 2019 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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