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