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: Aug. 29, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 14, 2019.
Latest Update: Nov. 15, 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 Dr
Fleming Island, FL 32003 Case# 2019-C04CL0115-4
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of One
Thousand Two Hundred Sixty Dollars ($1,260.00) and REVOCATION OF CHILD CARE LICENSE. The
Department's authority and grounds to impose this sanction are explained below:
4 The Department of Children and Families is authorized by section 402.310, Florida Statutes, to
sanction Super Sub 1 Trading Group Corp d/b/a ivy League Academy for violations of child care licensing
standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code.
2. Super Sub 1 Trading Group Corp is licensed under chapter 402, Florida Statutes, and chapter
65C-22, Florida Administrative Code, to operate a child care facility known as Ivy League Academy License
#C04CL0115 located at 2350 Market Dr, Fleming island, FL 32003. The facility's license is currently a
REGULAR License.
Violation #1
3. During a Complaint Investigation on June 4, 2019 DCF Licensing Counselor, Hannah
McGlothiin, determined that:
The facility did not maintain a log for all children being transported in a vehicle. During the inspection
on June 4, 2019, the driver J.H. arrived at the program with the children at 3:14 p.m. At 3:21 p.m.
Counselor entered the facility and observed the program to be without a transportation log. There was
nothing documenting that children departed the vehicle.
, 4, , The foregoing tock date CCF Handbook, Section 25.262 which states: A. A log must be
maintained for all children being transported in a vehicle or on foot away from the premises of the child care
facility. The jog must be retained on file at the facility for a minimum of 12 months and available for review by
the licensing authority. The fog must include: 1. Each child’s name, 2. The date and time of departure, 3. Time
of arrival at the destination, 4. The signature of the driver {or in the case of travelling on foot, the signature of
the child care personnel), and 5. The signature of a second staff member or person(s) authorized by the
provider to verify the transportation log and that alt children have arrived safely and left the vehicle (if
applicable). B. Prior to transporting children, the transportation log must be recorded, signed, and dated
immediately, verifying that all children were accounted for and that the log is complete. ©. Upon arrival at the
destination by vehicle or by foot, the child care personnel must record, sign and date the transportation log
immediately, verifying that all children were accounted for. The same must occur immediately upon returning to
the facility premises.
5. The violation described above is a Class II violation of child care licensing standards. It is the
facility's third (3) Class il violation of Child Care Facility Standards Classifications Summary #05-02
Transportation within a two-year period. The same violation was previously cited on May 23, 2019 and again
on June 11, 2019 at which time they were fined $50.00.The fine imposed for this violation is Sixty Dollars
($60.00) per day for one (1) day.
Violation #2
6. During a Complaint Investigation on June 4, 2019 DCF Licensing Counsetor, Hannah
McGiothlin, determined that:
Upon arrival at the destination, the driver of the vehicle J.H. and second adult failed to conduct a
physical inspection and visual sweep of the vehicle to ensure that no child was left in the vehicle.
During the inspection on June 4, 2019, Counselor observed driver J.H. not conduct a physical
inspection and visual sweep immediately upon arrival to the program. There was not a physical
qimpection of the vehicle condk:-da by another or different staff ment either. Driver arrived at the
program with the children at 3:14 p.m. At 3:21 p.m. Counselor walked into the program ; a physical
inspection/visual sweep was conducted at roughly 3:33 p.m. after Counselor instructed J.H. that an
inspection needed to occur. G.L. returned to the vehicle and conducted a physical inspection and
visual sweep of the vehicle to ensure that no child was left in the vehicle.
7. 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 vehicle; 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 transporiation 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 alf children were accounted for, and that the log is complete. E.
Upon arrival 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 feft in the vehicle; and 2. Sign, date and
record the transportation log immediately, verifying that all children were accounted for, and that the log is
complete.
8. The violation described above is a Class | violation of child care licensing standards. It is the
facility's second (2"*) Class i violation of Child Care Facility Standards Classifications Summary #05-06
Transportation within a two-year period. This is also the third (3™)} Class | violation of any standard within a
two-year period. The same violation was previously cited on May 29, 2019 at which time they were fined
$500.00, The fine imposed for this violation is Five Hundred Dollars ($500.00) and REVOCATION OF CHILD
CARE LICENSE.
Violation #3
9. During a Complaint Investigation on June 4, 2019 DCF Licensing Counselor, Hannah
McGlothlin, determined that:
O
The facility's driver did not have an annual physical examination which grants medical approval to
drive. During the complaint investigation Counselor observed staff member J.H. transporting children
to the program. J.H. does not have a current driver physical granting medical approval to drive.
10. The foregoing facts violate CCF Handbook, Section 2.5.1 which states: Child care providers
must comply with minimum health and safety standards to ensure the well-being of children in their care being
transported. Driver Requirements: The driver of any vehicle used by a child care program to provide
transportation must have the following: A. A valid Florida driver's license including the proper endorsement; B.
An annual physical examination which grants medical approval to drive, and valid certificate(s) of course
completion for first aid training and pediatric cardiopulmonary resuscitation (CPR) procedures.
141. The violation described above is a Class Ul violation of child care licensing standards. It is the
facility's second (2"*) Class Il violation of Child Care Facility Standards Classifications Summary #06-01
Driver's License, Physical Certification & First Aid/CPR Training within a two-year period. The same
violation was previously cited on January 4, 2019 at which time they were finad $50.00. The fine imposed for
this violation is Fifty Dollars ($50.00). Because a previous violation dated January 9, 2017 is now over 2 years
old and has dropped off making this violation a second (2°*) violation instead of a third (3%).
Violation #4
12. During a Complaint investigation on June 4, 2019 DCF Licensing Counselor, Hannah
McGlothiin, determined that:
A vehicle(s) used to transport children did not have the required insurance coverage. During the
complaint investigation it was determined that J.H.’s personal vehicle did not have the required
insurance coverage to transport children.
,
13. The foregoing rack. diate CCF Handbook, Section 25d Ante 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.
All chiid care facilities must comply with the insurance requirements found in Section 316.615(4), F.S.
Documentation shall be maintained at the facility.
14. The violation described above Is a Class fl violation of child care licensing standards. It is the
facllity’s second (2") Class II violation of Child Care Facility Standards Classifications Summary #07-01
Vehicle Insurance and Inspection within a two-year period. The same violation was previously cited on May
29, 2019. The fine imposed for this vioiation is Fifty Dollars ($50.00).
Violation #5
15. During a Complaint Investigation on June 4, 2019 DCF Licensing Counselor, Hannah
MeGlothlin, determined that:
A vehicle(s) used to transport children did not have an annual inspection by a mechanic to ensure it
was in proper working order. During the complaint investigation it was determined that J.H.'s personal
vehicle did not have an annual inspection by a mechanic to ensure the vehicle used to transport
children was in proper working order.
16. The foregoing facts violate CCF Handbook, Section 2.5.4 which states: For the purpose of
this section, vehictes 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 antity. Parents’ personal vehicles
used for transporting during field trips are excluded from meeting the requirements of this sub-section.
All vehicles regularly used to transport children must be inspected annually by a mechanic to ensure that they
are in proper working order. Documentation by the mechanic must be maintained in the vehicle.
O
17. The violation described above is a Class Il violation of child care licensing standards. It is the
facility's second (2) Class fl violation of Child Care Facility Standards Classifications Summary #07-03
Vehicle Insurance and Inspection within a two-year period. The same violation was previously cited on May
29, 2019. The fine imposed for this violation is Fifty Boltars ($50.00).
Violation #6
18. During a Complaint Investigation on June 4, 2019 DCF Licensing Counselor, Hannah
McGlothlin, determined that:
The number of children transported exceeded the manufacturer's designated seating capacity. During
the complaint investigation on June 4, 2019, Counselor observed staff member J.H. transport seven (7}
children in her personal vehicle, J.H.’s personal vehicle only has room to transport seven (7) total
passengers (driver plus six (6) children). Through an interview with the Counselor J.H. confirmed that
she transported one (1} more child than what the manufacturer’s designated seating capacity allows.
J.H. stated that she placed the additional child in the last row of the vehicle and doubie buckled the
children. Thus, there were four (4) children in the last row, two (2) children in the middle row and one
(1) chitd in the front seat next to the driver.
19. 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 individuats transported in a vehicle may not exceed the manufacturer's designated
seating capacity or the number of factory installed seat belts.
20. The violation soadhada above is a Class | violation of chiidide licensing standards. It is the
facility's second (2) Class I violation of Child Care Facility Standards Classifications Summary #08-02
Seat Belts/Child Restraints within a two-year period. This is also the fourth (4") Class | violation of any
standard within a two-year period. The same violation was previously cited on May 29, 2019 at which time they
were fined $500.00. The fine imposed for this violation is Five Hundred Dollars ($500.00) and REVOCATION
OF CHILD CARE LICENSE.
Violation #7
21. During a Complaint investigation on June 4, 2019 DCF Licensing Counselor, Hannah
McGlothlin, determined that:
The facility did not have 35 square feet of usable floor space per child for the number of children
observed in care. The facility had a capacity of eighteen (18) based on 35 square feet and nineteen (19)
children were observed in care. During the complaint investigation on June 4, 2019, there were
nineteen (19) children in a room that is only licensed to hold eighteen (18) children. This was confirmed
when the Counselor reviewed the pragram's capacity calculator and floor pian.
22. The foregoing facts violate CCF Handbook, Section 3.4.2 D which states: Each room
routinely used as a classroom must provide the minimum 35 square footage of usable indoor floor space per
child.
23. The violation described above is a Class II violation of child care licensing standards. It is the
facillty’s second (2) Class It violation of Child Care Facility Standards Classifications Summary #15-03
Licensed Capacity within a two-year period. The same violation was previously cited on May 29, 2019. The
fine imposed for this violation is Fifty DoHars ($50.00).
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If you do not wish to contest the hades of this administrative complaint,
i made payable to the Florida Department of Children 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 120, FLORIDA STATUTES"
NOTIFICATION A dicuts UNDER CHAPTER 120 Cderoa 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
Chief Legal Counsel
Department of Children & Families
P. O. Box 2417
Jacksonville, 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.
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 stafed 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 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
é]
. * yA
telephone number of ye dopresentative, if any; O
(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 ail facts in the notice of the Department's
decision with which you disagree. ff 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 avaitable 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 vy Leaque Academy, 2350 Market Dr, Fleming Island, FL 32003
this bt day of August 2019.
Mala Ramoutar, CPM
Safety Program Manager
10
CERTIFICATION OF SERVICE
THIS WILL CERTIFY that a copy of _/\ dminichative Complaint 20l4- (oALLOIIG -+
was served upon Mr. Roderick Meyer
of hwy Lange heademy
by_tannah Me vlothlin at 0°35 AMJEon @/ ‘ji
ge:
Owner/Provider/Director Signature a 2>-
Date ©” [7 [201 7
Caso XI4- COYEL DUNS ~ d
Docket for Case No: 19-004633
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. 11, 2019 |
Order of Pre-hearing Instructions.
|
Sep. 11, 2019 |
Notice of Hearing (hearing set for October 29, 2019; 9:30 a.m.; Jacksonville, FL).
|
Aug. 29, 2019 |
Initial Order.
|
Aug. 29, 2019 |
Administrative Complaint filed.
|
Aug. 29, 2019 |
Petition for Formal Administrative Hearing filed.
|
Aug. 29, 2019 |
Notice (of Agency referral) filed.
|