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DEPARTMENT OF CHILDREN AND FAMILIES vs ABOUNDING IN FAITH, INC., D/B/A MISS K'S ENRICHMENT CENTER, INC., 19-000175 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-000175 Visitors: 35
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: ABOUNDING IN FAITH, INC., D/B/A MISS K'S ENRICHMENT CENTER, INC.
Judges: JOHN D. C. NEWTON, II
Agency: Department of Children and Family Services
Locations: Lakeland, Florida
Filed: Jan. 10, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 12, 2019.

Latest Update: Oct. 14, 2019
Rick Scott EEO. State of Florida pak Bas 2 “¢ ; Department of Children and Families ae “e} * interim Secretary MVP LFAMILIFS COM William S. D'Aluto Regional Managii STATE OF FLORIDA Director "0 DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail Return Recelpt No. 70150640000316967601 To: Abounding In Faith Inc, dba Miss K’s Enrichment Center, Inc Attn: Katina Campbell 86 5* St Eagle Lake FL 33839-3215 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department Is proposing to impose administrative fines totaling $150.00. 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 Children’s Unlimited Preschool for violations of child care licensing standards In sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Abounding in Faith is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Abounding in Faith, Inc., d/o/a Miss K's Enrichment Center, Inc. located at 86 5% St, Eagle Lake FL 33839-3215. The child care facility license is currently an Annual License. 3. On July 17, 2018, the Department received a complaint from the Director, Katina Campbell, advising that a teacher had a firearm at the facility on July 16, 2018. An onsite visit was made to the facility on July 17, 2018. It was discovered that Jennifer Caesar had a flrearm, described as a black and hot pink 9mm, in her purse while at the facility on July 16, 2018. The firearm was observed by two other teachers, Shalande Dorcent and Janasia Turner, while Ms. Caesar's purse was in the storage/employee break room. The Assistant Director, Sheila Alicia, went to the breakroom to check on Ms. Dorcent and Ms. Tumer and was advised about the gun. Ms. Alicia took photos of the gun in the purse. There Is no door or safety gate on the storage/break room and nothing to prevent the children from accessing the Items in the room. Ms. Caesar does have a permit for the weapon and It was equipped with an appropriate trigger lock. Central Region: 400 W. Robinson Street, Sulte 1129, Orlando, FL 32801 Mission: Work In Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency 4. The foregoing facts violate the CCF Handbook, Section 3.2, C., Incorporated by reference in Rule 65C-22.002(6), F.A.C.. which states that “Firearms and weapons, as defined in section 790.001, F.S., are prohibited within any building or upon any person located on the premises, excluding federal, state or local law enforcement officers.” 5. The violation described above is a Class | violation of a child care licensing standard as outlined in the Child Care Facility Standards Classification Summary, Incorporated by reference in Rule 65C-22.010(1)(e)1, F.A.C. The fine imposed for the current violation Is $150.00. 6. You are further advised the commission of a Class | violation as described above requires the Department to revoke your Gold Seal Quality Care designation as provided in section 402.281, Florida Statutes. 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 Familles, Child Care Regulation Office, 200 N Kentucky Ave, Suite 404, Lakeland, FL 33801. If you wish to contest the findings of this administrative complaint or the sanctions Imposed, you may do so as provided in the notification of rights below. 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 receipt to Katina Campbell, c/o Abounding in Faith, Inc., d/b/a Miss K’s Enrichment Center, Inc., 86 5 Street, Eagle Lake, FL 33839 this _\%_ day of November, 2018. / Pt: d Li a as < doe — Diane Kendall, Child Gare Regulation Counselor 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 THE DEPARTMENT'S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following addresses: Cheryl D. Westmoreland, Esquire Assistant Regional Counsel, Circuit 10 1055 Highway 17, North Bartow, Florida 33830 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. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT, AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. If you disagree with the facts stated in the Department’s administrative complaint, you may request a formal administrative hearing under sectlon 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. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department's administrative complaint, 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. You have the right to be represented by counsel or other qualified representative. Your request for an administrative hearing must meet the requirements of Rule 28- 106.2015(5), Florida Administrative Code, must be prepared legibly on 8% by 11 inch white paper, and include all of the following items: (a) Your name, address, email address (if any) and telephone number. (b) The name, address, email address (if any) and telephone number of your attomey or qualified representative, if any. (c) A statement requesting an administrative hearing. (d) A statement of all facts in the administrative complaint with which you disagree. If you do not disagree with any of the facts stated in the administrative complaint, you must say so. (e) A statement of when and how you received the administrative complaint. (f) A statement identifying the file number of the administrative complaint, if shown on the administrative complaint. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require the Department to dismiss your request for hearing if it is not in substantlal 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 recelved, 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: 19-000175
Issue Date Proceedings
Oct. 14, 2019 Agency Final Order filed.
Jul. 12, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 11, 2019 Petitioner's Motion to Relinquish Jurisdiction filed.
Jul. 11, 2019 Third Notice of Hearing by Video Teleconference (hearing set for August 8, 2019; 9:00 a.m.; Lakeland and Tallahassee, FL).
Jun. 25, 2019 Department's Response to Order Granting Continuance filed.
Jun. 06, 2019 Notice of Release of Witness Eshia Smith filed.
Jun. 04, 2019 Order Granting Continuance (parties to advise status by June 24, 2019).
Jun. 04, 2019 Joint Motion to Continue filed.
Jun. 03, 2019 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
May 31, 2019 Return of Service (Smith) filed.
May 31, 2019 Respondent's Exhibit List filed.
May 15, 2019 Witness Subpoena Duces Tecum (M.H.) filed.
May 15, 2019 Witness Subpoena Duces Tecum (E.S.) filed.
Mar. 13, 2019 Notice of Hearing by Video Teleconference (hearing set for June 6, 2019; 9:00 a.m.; Lakeland and Tallahassee, FL).
Mar. 12, 2019 Response to Order Granting Continuance filed.
Mar. 04, 2019 Order Granting Continuance (parties to advise status by March 11, 2019).
Feb. 28, 2019 Respondent's Amended Motion to Continue Hearing filed.
Feb. 28, 2019 Respondent's Amended Motion to Continue Hearing filed.
Feb. 27, 2019 Respondent's Motion to Continue Hearing filed.
Feb. 19, 2019 Order of Pre-hearing Instructions.
Feb. 19, 2019 CASE STATUS: Pre-Hearing Conference Held.
Jan. 24, 2019 Amended Notice of Telephonic Pre-hearing Conference (pre-hearing conference set for February 19, 2019; 3:00 p.m.).
Jan. 23, 2019 Notice of Telephonic Pre-hearing Conference (set for February 26, 2019; 3:00 p.m.).
Jan. 23, 2019 Notice of Hearing by Video Teleconference (hearing set for March 6, 2019; 9:00 a.m.; Lakeland and Tallahassee, FL).
Jan. 11, 2019 Initial Order.
Jan. 10, 2019 Administrative Complaint filed.
Jan. 10, 2019 Request for Administrative Hearing filed.
Jan. 10, 2019 Notice (of Agency referral) filed.

Orders for Case No: 19-000175
Issue Date Document Summary
Oct. 14, 2019 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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