Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: LEAPIN LIZARDS ACADEMY, LLC
Judges: JOHN D. C. NEWTON, II
Agency: Department of Children and Family Services
Locations: Tallahassee, Florida
Filed: Aug. 21, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 29, 2020.
Latest Update: Jan. 11, 2025
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Leapin Lizards Academy LLC. Charlotte County
1968 Royalview Drive Certified Mail Return Receipt
Port Charlotte, FL 33948 # 7008 140 $003 §95/ AZO#F-
Case# 2020-C20CH0063-01
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department hereby imposes a fine of je Fifty
Dollars ($50.00). 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 Leapin Lizanis LLC. for violations of child care licensing
standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22,
Florida Administrative Cade.
2 Leapin Lizards LLC. is licensed under section 402, Florida Statutes, and chapter
85C-22, Florida Administrative Code, fo operate a child care facility known as
Leapin Lizards LLC., located at 1968 Royalview Drive. Port Charlotte, FL 33848.
The facility is currently operating on a regular, annual license, #C20CH0083.
|. Glass 2: Licensing Standard 4-1 inadequate Supervision
3 On June 17, 2019, CCRC completed 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. Supervision of children in the [4 year old]
group was inadequate in that [the teacher in the classroom was observed
sleeping]. The community pariner observed two school age children alone in a
classroom. This standard was marked back inte compliance based on technical
assisiance provided by the CCRC. This is the facility's first occurrence of this Class
il licensing standard within the two-year progressive enforcement period.
Technical assistance was provided.
4 On July 1, 2019 CCRC completed 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. Supervision of children in the [2 and 3 year old]
group was inadequate in that [A child from the group was alone and unsupervised
in the science room while the teacher took the children to the restroom in the art
room.} The Child Care Reguiation Counselor observed a child alone and
unsupervised in the science classroom. The door between the classrooms was
closed and the child was upset. The child was trying to open the door but could
not. The Child Care Regulation Counselor looked in the classroom and noticed
that he was alone in the classroom. The Child Care Regulation Counselor brought
this to a staff member's attention and the staff member got the child. The staff
member was taking children to the restroom. The chiid's teacher was in the
restroom with the other children from the group. The restroom used by the group
is located in the art classroom. This standard was back in compliance. This is the
facility's second occurrence of this Class II licensing standard within the two-year
progressive enforcement period. Technical assistance was provided. Further
administrative action is required.
The acts and practices described in paragraphs 3 and 4 are violations of Section
2.4 of the Child Care Facility Handbook which states in part:
2.4. Supervision
2.4.4 General Supervision Requirements
A.
B.
7
Personnel must position themselves in the outdoor piay area so that all children
can be observed and directly supervised.
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 vehicie, or at a field trip location by
themselves.
. Supervision standards apply at all times away from the child care facility, including
during field trips, outdoor play, and when picking up or dropping off children at
designated locations, such as bus stops, school, or a child’s home. For school-age
children, personnel must know where the children are and what they are doing at
all times and capable of responding to emergencies including when children are
separated from their group...
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 peried
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-Ciass II violation described in
paragraph 4.
The total administrative fine is Fifty Doliars ($50.00)
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,
anes Care Regulation (Attention: James Paimer), PO Box 60085, Fort Myers, FL 33906-
5.
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
i HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by certified mail return receipt to Mary Kittredge on-site director of Leapin Lizards LLC.,
located at 1969 a a Pee Port Charlotte, FL 33948. on this day of
Aad, , 2020.
— Pe nn
a
N\bewhe SER. FHA
~~ Chantal Porte
Program Safety Manager
cc: George Gardner, OCF Legal Counsel
James Paimer, Family Services Counselor Supervisor
Chemenda Sawyer, Family Services Counselor
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”
Enclosure
NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES
You must submit your request for an administrative hearing to the Department at the
following addresses:
Department of Children and Families
Legal Counsel (Attention: George Gardner), Sulte 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 calied 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 musi meet the requirements of Rule 28-106.201(2) or Rule 28-
406.301({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 the following items:
(2) 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 facis stated in the notice, you must say
$0;
{f) A statement of the facts you believe justify a change in the Department's decision;
(g) Astatement of the specific niles or statutes you believe require reversal or modification
of the Depariment's proposed action;
(h) A statement explaining how the facts you have alleged above relate to the specific
rules or statutes yau have identified above; and
() A statement of the relief you want, including precisely the action you want the
Department to take.
Section 120.569(2)(c), Florida Statutes, requires the Department to dismiss your request
for hearing if it is not in substantial compliance with the requirements above.
Mediation as described in section 120.573, Florida Statutes, is not available. However,
other forms of mediation or informal dispute resolution may be available after a timely
request for an administrative hearing has been received, if agreed fo by all parties, and
on such terms as agreed to by all parties. The right to an administrative proceeding is
not affected when mediation or informal dispute resotution does not result in a settlement.
—— Florida Department of Health 5/29/2020
Child Care Food Program
_ Child Care Center Claim
1:01PM
1-5509_ = Region: S$ = RPS: _8. Fiscal Year. _2020 Termination Date:
Add't Doc Required... ADR Reason: Meal Disattowanee:
Legal Name: LEAPIN LIZARDS ACADEMY LLC FEIN: 822973100001
D/B/A: LEAPIN LIZARDS ACADEMY LLC
Mailing Address; 1969 ROYALVIEW DR. PORT CHARLOTTE FL33948
Program Manager: FLEMING. SUSAN Phone: (241) 764-3434 Ext:
Email: MSLLACADEMY9@GMAIL.COM
Claim Information
Status: Pending Entered By: 550Sflemsu
Claim Month/Year: 4/2020 Date Received: 05/29/2020 13:01:13 PM
Revision #: oO
Center Type: FOR-PROFIT - CCC
Operating Days: 4 Average Daily Participation: 24
Children Enrolled by Category:
Free 14 Reduced 4 Non-needy 3 Total 21
Licensed Capacity: 60.00_
Eligibility: (Enter Option 1 - SSBG if Option 2 - FR is less than 25%)
Option 1 - SSBG (Title XX) Eligibility: OR Option 2 - Free/Reduced Eligibility:
SSBG: Percentage:
0,00, 9.00. 88.20.
_ Center Name: LEAPIN LIZARDS ACADEMY LLC
ceenees eer MOREE PTY OL. CST CLULMUUGS
see 1969 Royabview Drive, Port Charlotte Fi, 33948
Type: Complaint Date: 06/27/2019
Ntdrow BY
a Received by: Sent for signature tmspected by: Chemenda Sawyer
Date: 06/17/2019 Date: 06/17/2019
Response from center:
The events in this report do not clearly show the true events as written. | would like it to include that no
children were ever left in a position where they were in any danger or not under the care of a staff
member. If the Coalition person did not prompt my staff member to find me, she would have not stepped
through the threshold of the classroom door into the adjoining roam that is less than three feet away to
» connect with the staff member in charge. The accusation of a sleeping staff member is denied by the staff
and staff in connecting rooms heard the staff member speaking with children during the visit. We were
unable to dispute these items due to the signing of the visit report that stated these things occurred, this
was signed at a time prior to having no other information other than the perspective of the coalition
employee, time was not allowed to speak to all other parties Involved. We are a center that always
welcomes DCF and Coalition employees with an open-door policy as we do not have anything to hide and
always do things with the safety of our children as first priority.
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Docket for Case No: 20-003810
Issue Date |
Proceedings |
Nov. 19, 2020 |
Agency Final Order filed.
|
Nov. 02, 2020 |
Transmittal letter from Loretta Sloan forwarding Petitioner's Proposed Exhibits to Petitioner.
|
Oct. 29, 2020 |
Order Closing File. CASE CLOSED.
|
Oct. 26, 2020 |
Motion to Take Official Recognition filed.
|
Oct. 21, 2020 |
Order to Respond to Motion to Relinquish.
|
Oct. 21, 2020 |
Motion to Relinquish Jurisdiction filed.
|
Oct. 21, 2020 |
Attachment to Motion to Relinquish Jurisdiction filed.
|
Oct. 20, 2020 |
Motion to Take Official Recognition filed.
|
Oct. 15, 2020 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 14, 2020 |
Order Denying Request for Official Recognition.
|
Oct. 14, 2020 |
(Petitioner's) Request for Official Recognition/Judicial Notice filed.
|
Oct. 14, 2020 |
Petitioner's Witness List and Exhibit List filed.
|
Sep. 08, 2020 |
Order Allowing Amendment of Administrative Complaint.
|
Aug. 27, 2020 |
Notice of Hearing by Zoom Conference (hearing set for October 30, 2020; 9:00 a.m.; Tallahassee).
|
Aug. 27, 2020 |
Order of Pre-hearing Instructions.
|
Aug. 25, 2020 |
Joint Response to Initial Order filed.
|
Aug. 25, 2020 |
Motion to Amend filed.
|
Aug. 21, 2020 |
Initial Order.
|
Aug. 21, 2020 |
Administrative Complaint filed.
|
Aug. 21, 2020 |
Formal Administrative Hearing Request filed.
|
Aug. 21, 2020 |
Notice (of Agency referral) filed.
|
Orders for Case No: 20-003810