STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Annie's Kids LLC LEE COUNTY dib/a All Superstars Midtown Certified Mail Return Receipt 1412 SE 16th Pl # iy {910 We W3T 340 Cape Coral, FL 33990 Case #2020 - C20LE0126-01 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is imposing a fine of three hundred and eighty dollars ($380.00). The Department's authority and grounds to impose this sanction are explained below. 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Annie’s Kids LLC d/b/a All Superstars Midtown for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Annie's Kids LLC is licensed under section 402, Florida Statutes, and chapter 65C- 22, Florida Administrative Code, to operate a child care facility known as All Superstars Midtown, located at 1412 SE 16th Fl, Cape Coral, FL 33990. The facility is currently operating on a regular, annual license, certificate #C20LE0126. Class 2: Licensing Standard 12-18: Facility Environment (No Electrica! Outlet Covers) 3. On May 25, 2018, Child Care Regulation conducted a routine inspection. During the inspection, the facility was found to be in violation of Section 3.1.1. of the Child Care Facility Handbook regarding missing electrical outlets covers. During the inspection a Child Care Regulation Counselor determined that two outlets in the 1 and 2-year- old classroom (one by the fridge and the other by the trash can) were missing safety plugs. This deficiency was corrected by the classroom teacher. This is a class |! violation. This was the facility's first violation of this-Class II violation within a two- year-period. Technical assistance was provided. 4. On April 25, 2019, Child Care Regulation conducted a reinspection. During the inspection, the facility was found to be in violation of Section 3.1.1. of the Child Care Facility Handbook, regarding missing electrical outlets covers. During the inspection the Child Care Regulation Counselor observed an electrical strip by the director's desk were missing safety plugs. This deficiency was corrected when safety covers were placed in the electrical strip. This is a second-Class li violation and the facility's second violation of this licensing standard within a two-year period. Technical assistance was provided. Further administrative action is required. . On September 16, 2019, Child Care Regulation conducted a renewal inspection. During the inspection, the facility was found to be in violation of Section 3.1.1. of the Child Care Facility Handbook, regarding missing electrical outlets covers. An electric strip in the Dolphin classroom was missing safety covers. The director placed safety covers in the outlet and electric strip. This is a third-Class II violation and the facility's second violation of this licensing standard within a two-year period. Technical assistance was provided. Further administrative action is required. . The foregoing facts violate Section 3.1 of the Child Care Facility Handbook, which states in part: All accessible outlets must be “tamper-resistant electrical outiets” and shall contain internal shutter mechanisms to prevent children from sticking objects into receptacles. In settings that do not have “tamper-resistant electrical outlets”, outlets shall have safety covers. . The Deparment shall impose an administrative fine of fifty doliars ($50.00) for the second-class I! violation of the same licensing standard within a two-year period and an administrative fine of sixty dollars ($60.00) for the second-class II violation of the same licensing standard per day within a two-year period as mandated by Rule 65C- 22.010(2)(d)2., F.A.C., (Effective October 25, 2017). The violation described in paragraph 4 is the facility's second violation of a Class II licensing standard within a two-year period. Therefore, an administrative fine of fifty dollars ($50.00) is hereby imposed. Also, the violation described in paragraph 5 is the facility's third violation of a Class II licensing standard within a two-year period. Therefore, an administrative fine of sixty dollars ($60.00) is hereby imposed. ll. Class 2: Licensing Standard 4-1: Supervision (Inadequate Supervision) . On August 28, 2018, Child Care Regulation conducted a complaint inspection. During the inspection, the facility was found to be in violation of Section 2.4. of the Child Care Facility Handbook regarding supervision. During the inspection the Child Care Regulation Counselor observed the staff in the three-year-old class leave the children alone and unsupervised multiple times. The three-year-old teacher left the room to go into the kitchen to prepare a meal. These deficiencies were corrected when the teachers re-entered the classrooms. This is a class II violation. This was the facility's first violation of this-Class II violation within a two-year-period. Technical assistance was provided. . On December 6, 2018, Child Care Regulation conducted a reinspection. During the inspection, the facility was found to be in violation of Section 2.4. of the Child Care Facility Handbook regarding supervision. The Child Care Regulation Counselor observed three school age children alone and unsupervised in the 2 and 3-year-old classroom. The staff member entered the room to see the children alone and unsupervised. The children explained to the staff member they were waiting for their snack. The deficiency was corrected when the staff member entered the classroom. This is a second-Class [I violation and the facility's second violation of this licensing standard within a two-year period. Technical assistance was provided. Further administrative action is required. 10.On February 5, 2020, Child Care Regulation conducted a routine inspection. During the inspection, the facility was found to be in violation of Section 2.4. of the Child Care Facility Handbook regarding supervision. A child in the three-year-old classroom ran out of the classroom into another classroom. The staff member was not aware the child had left the classroom. CCR brought the supervision issue to the director and staff member's attention. One of the teachers in the classroom went to get the child and brought him back to the group. The child stated he needed to go to the restroom. The facility came back into compliance when the staff member went to get the child from the restroom. This is a third-Class II violation and the facility's second violation of this licensing standard within a two-year period. Technical assistance was provided. Further administrative action is required. 11. The foregoing facts violate Section 2.4 of the Child Care Facility Handbook, which states in part: Child care personnel must be assigned to provide direct supervision to a specific group of children and be with that group of children at all times. Children must never be left inside or outside the facility, in a vehicle, or ata field trip location by themselves. 12.The Department shall impose an administrative fine of fifty dollars ($50.00) for the second-class || violation of the same licensing standard within a two-year period and an administrative fine of sixty dollars ($60.00) for the third-class I! violation of the same licensing standard within a two-year period as mandated by Rule 65C- 22.010(2)(d)2., F.A.C., (Effective October 25, 2017). The violation described in paragraph 9 is the facility's second violation of a Class II licensing standard within a two-year period. Therefore, an administrative fine of fifty dollars ($50.00) is hereby imposed. The violation described in paragraph 10 is the facility's third violation of a Class II licensing standard within a two-year period. Therefore, an administrative fine of sixty dollars ($60.00) is hereby imposed. ltl. Class 3: Licensing Standard 18-12: Bedding and Linens (No Sanitary Storage) 43.On September 20, 2018, Child Care Regulation conducted a routine inspection. During the inspection, the facility was found to be in violation of Section 3.6.1.G. of the Child Care Facility Handbook regarding Bedding and Linen. During the inspection, the Child Care Regulation Counselor observed the bedding in the VPK classroom being stored in a manner that allowed the linens to touch. This is a Class lil violation of child care licensing standards. This was the first occurrence of this Class Ill violation within a two-year period. Therefore, technical assistance was provided. 14 On December 6, 2018, Child Care Regulation conducted a reinspection. During the inspection, the facility was found to be in violation of Section 3.6.1.G of the Child Care Facility Handbook regarding Bedding and Linens. During the inspection the Child Care Regulation Counselor observed the bedding in the VPK classroom being stored in a manner that allowed them to touch. The staff member in charge asked the teacher in the classroom to remove the bedding from the nap mats and send them home to be washed. The family services counselor and staff member in charge discussed storing the bedding individually in a closed container, cubby, or storage bag. The staff member in charge state the bedding will be stored in cubbies going forward. This was the second occurrence of this Class 1] violation within a two-year period. Therefore, technical assistance was provided. 15.On January 15, 2019, Child Care Regulation conducted a reinspection. During the inspection, the facility was found to be in violation of Section 3.6.1.G. of the Child Care Facility Handbook regarding bedding. Some of the blankets in the VPK classroom were touching. The counselor and director discussed the regulations regarding the sanitary storage of the children’s blankets. The counselor explained to the director that all the blankets that were touching had to be sent home with the children. The blankets were sent home with the children. This was the third occurrence of this Class 3 violation within a two-year period. Therefore, further administrative action is required. 16. The foregoing facts violate Section 3.1 of the Child Care Facility Handbook, which states in part: Bedding and linens, when not in use, must be stored in a sanitary manner which prevents the spread of germs or lice from other linens. All bedding and linens must be thoroughly cleaned and sanitized before use by another child. 17.The Department shail impose an administrative fine of twenty five dollars ($25.00) for the third class Ill violation of the same licensing standard within a two-year period as mandated by Rule 65C-22.010(1)(d)3., F.A.C., (Effective October 25, 2017). The violation described in paragraph 15 is the facility's third violation of a Class Ill licensing standard within a two-year period. Therefore, an administrative fine of twenty-five dollars ($25.00) is hereby imposed. IV. Class 2: Licensing Standard #45-2: Background Screening Documents (Missing Level 2 Screen Documentation) 18.On May 25, 2018, Child Care Regulation conducted a routine inspection. During the inspection, the facility was found to be in violation of Section 7.4.1.C regarding Background Screening Documents. A staff (J.R.) did not have documentation of Level 2 background screening in her file on site. This is the facility's first violation of this Class II licensing standard within a two-year period. Technical assistance was provided. 19.0n June 10, 2019, Child Care Regulation conducted a routine inspection. During the inspection, the facility was found to be in violation of Section 7.4.1.C regarding Background Screening Documents. A staff (B.Z.) did not have documentation of Level 2 background screening in her file on site prior to beginning employment. The staff member has now been properly screened. This is the facility's second violation of this Class II licensing standard within a two-year period. Technical assistance was provided. Further administrative action is required. 20.@n-February 5, 2020; Child Care Regulation conducted’a routine inspection. During the inspection, the facility was found to be in violation of Section 7.4.1.C regarding Background Screening Documents. A staff (M.J.) did not have a complete of Level 2 background screening in her file on site. This is the facility's third violation of this Class II licensing standard within a two-year period. Technical assistance was provided. Further administrative action is required. 21.Section 7.4.1.C of the Child Care Facility Handbook, incorporated by reference in Rule 65C-22.001(6), F.A.C., which states in part: 7.41 Background Screening Documents Background screening documentation must be maintained for all child care personne! as defined by Section 402.302(3), F.S., which includes household members if the facility is located in or adjacent to the home of the operator. A. Each personnel record must have a completed CF-FSP Form 5131, Background Screening and Personnel File Requirements, which is incorporated by reference in paragraph 65C-22.001(7)(b), F.A.C. B. CF Form 1649A, Child Care Attestation of Good Moral Character, which is incorporated by reference in 65C-22.001(7)(a), F.A.C., must be completed for all child care personnel at the time of initial screening or upon change in employers. CF Form 1649A may be obtained from the department's website at www.myfifamilies.com/childcare. C. A copy of the eligible results, for the Level 2 screening, generated from the Clearinghouse must be on record for each personnel... 22. The Department shall impose an administrative fine of fifty dollars ($50.00) for the second-Class II violation of the same licensing standard within a two-year period as mandated by Rule 65C-22.010(2)(d)2, Florida Administrative Code (effective October 25, 2017). Also, The Department shall impose an administrative fine of sixty ($60.00) dollars for the third-Class It violation of the same licensing standard within a two-year period as mandated by Rule 65C-22.010(2}(d)2, Florida Administrative Code (effective October 25, 2017). Therefore, an administrative fine of fifty dollars ($50.00) is hereby imposed on the facility for the second-Class II violation described in paragraph 19. Also, an administrative fine of sixty dollars ($60.00) is hereby imposed on the facility for the third-Class Il violation described in paragraph 20. V. Class 3: Licensing Standard 32-7: Outdoor Equipment (Fall Zone Surface not Maintained) 23.0n September 20, 2018, a renewal inspection was conducted, and the facility was found to be out of compliance with licensing standard #32-07, Outdoor Equipment. The ground cover or other protective surface under the [the swings and slides on the back playground and under the slide on the side and climbing wall on the slide playground] was not maintained. The fall zones on three of the playgrounds had less than 6 inches of resilient surface. This is a Class 3 violation of child care licensing standards. This was the facility's first violation of this standard within a two-year period. Therefore, technical assistance was given. 24.0n June 10, 2019, a routine inspection was conducted, and the facility was found to be out of compliance with licensing standard #32-07, Outdoor Equipment. The ground cover or other protective surface under the [swings and slides] was not maintained. The fall zone for the yellow slide and swings on the playground used by the Dolphin and Zebra classes was less than 6 inches in some areas and compact in other areas. The mulch under the swings on the playground used by the Pony class is less than 6 inches. This is a Class 3 violation of child care licensing standards. This was the facility's second violation of this standard within a two-year period. Therefore, technical assistance was given. 25.On September 16, 2019, a renewal inspection was conducted, and the facility was found to be out of compliance with licensing standard #32-07, Outdoor Equipment. The ground cover or other protective surface under the [swing/slide combination play structure] was not maintained. The resilient surface around both swing/slide combination play structure on the back playground had less than six inches of resilient surface. This is a Class 3 violation of child care licensing standards. This was the facility’s third violation of this standard within a two-year period. Therefore, administrative action is required. 26.The foregoing facts violate the Sections 3.12,D of the Child Care Facility Handbook, incorporated by reference in Rule 65C-22.001(6), Florida Administrative Code (2017), which states: D. Permanent or stationary playground equipment must have a minimum of 6 inches in depth of loose ground cover (such as but not limited to: muich, shredded rubber chips, or sand) or other shock absorbing protective surface under the equipment and within the fall zone that provides resilience and is maintained to reduce the incidence of injuries to children in the event of falls. Asphalt, concrete, hard packed dirt, hay, grass or leaves are unsuitable for use in the fall zone area. 27.The Department shall impose an administrative fine of twenty-five dollars ($25.00) for the third class II! violation of the same licensing standard within a two-year period as mandated by Rule 65C-22.010(1)(d)3., F.A.C., (Effective October 25, 2017). The violation described in paragraph 25 is the facility's third violation of a Class Ill licensing standard within a two-year period. Therefore, an administrative fine of twenty-five dollars ($25.00) is hereby imposed. 28. The total administrative fine is three hundred and eighty dollars ($380.00) If you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation (Attention: James Palmer, PO Box 60085, Fort Myers, FL 33906- 60865. 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 | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Catherine Sroka, applicant and designated corporate representative of Annie’s Kids LLC d/b/a All Superstars Midtown, and a copy to Caro! Kirby, on-site dirgetor of All Superstars Midtown, 1412 SE 16" Place, Cape Coral, FL ra 33990 on this (day of —§ ~JYAZ. - a , 2020. “yn | > . Y wd (SOS. a de A NET : Chantal Porte Program Safety Manager CC: George Gardner, DCF Legal Counsel James Palmer, Child Care Licensing Supervisor Chemenda Sawyer Services Counselor Enclosure 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 foliowing addresses: Department of Children and Families Legal Counsel (Attention: George Gardner), Suite 256 PO Box 60085 Fort Myers, FL 33906-6085 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 ail 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 tules or statutes you have identified above; and 0] 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: 20-003809