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DEPARTMENT OF CHILDREN AND FAMILIES vs SUPER SUB 1 TRADING CORP, D/B/A IVY LEAGUE ACADEMY, 19-004633 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-004633 Visitors: 11
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). i i if | 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.
Source:  Florida - Division of Administrative Hearings

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