South Daytona, Florida 32119 posi DeSantis PS Form 3800, April 2015 PSN 7590-02-000- See Reverse tor instructions ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department of Children and Families (Department) intends to revoke the child care facility license issued to Rise Up Learning Center (License # CO7VO0387). The Department's authority and grounds to impose this sanction are explained below. hs Rise Up Learning Center is licensed by the Department to operate as a child care facility located at: 707 North Street, Daytona Beach, FL 32114. Pursuant to s. 402.3055 (2)(g), Fla. Stat., the Department is authorized to revoke a license for failure to comply with s. 402.302(2), Fla. Stat. Child care personnel are defined as “all owners, operators, employees, and volunteers working in a child care facility”, s. 402.302 (3), Fla. Stat. An operator is defined as “any onsite person ultimately responsible for the overall operation of a child care facility, whether or not he or she is the owner or administrator of such facility’, S. 402.302(13), Fla. Stat. An owner “means the person who is licensed to operate the child care facility”, s. 402.302(14), Fla. Stat. Section 402.305(2)(a), Fla. Stat., lists minimum standards for child care personnel which include screening as defined in s. 402.302(15), Fla. Stat., and that “screening shall be conducted as provided in chapter 435, using the level 2 standards for screening set forth in that chapter’. NORTHEAST REGION Circuit 7(Flagler, Putnam, St. Johns, and Volusia Counties) 210 N Palmetto Avenue, Suite 430, Daytona Beach, Florida 32114 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency pe BEPART,, U.S. Postal Service” x ts CERTIFIED MAIL® RECEIPT = ~) ) 3 State of Florida 3 Domestic Mail Only t < Department of C™ oO aaa q = m | ) F ii eNAND © a ‘ma an: MYFLFAMILIES.COM ~ ta a 7 SSS (enn Roce arancoy Racectenasieestil CO | CoRetum Receict (electronic) $__ | Postmark CD | CiCortinect Mai Restricted Detvery $ ___ ar Here April 18, 2019 CO | Chaaun signature Required FS = ad SE | o re Rise Up Learning rll ” $ TTN: Sharon Hawkins-Holden = __ Rise Up Learning Center a a 9 Bi ine Avownesn vs | ATTN: Sharon Hawkins-Holden oe iSCay 1689 Biscayne Avenue « South eee Florida 32119 | Director 7. Level 2 screening standards are listed in s. 435.05, Fla. Stat. Pursuant to s. 435.04 (2), Fla. Stat., “The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction”. 8. Pursuant to s. 402.305 (2) (g), Fla. Stat., the Department is authorized to grant exemptions from disqualification from working with children as provided in s. 435.07, Fla. Stat. 9. However, “[d]isqualification from employment under [Chapter 435] may not be removed from, and an exemption may not be granted to, any current or prospective child care personnel, as defined in s. 402.302(3), and such a person is disqualified from employment as child care personnel, regardless of any previous exemptions from disqualification , if the person has been registered as a sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been arrested for and is awaiting final disposition of, has been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, or has been adjudicated delinquent and the record has not been sealed or expunged for” specified offenses, s. 435.07(4)(b), Fla. Stat. In EJ. v. Department of Children and Families, the Third District Court of Appeal found that the statute “prohibited DCF from granting exemptions for current or prospective child care workers who were charged with or convicted of enumerated offenses, of which aggravated battery is one.” 219 So.3d 946 (2017). 10.Sharon Hawkins-Holden, as the owner and/or operator of Rise Up Learning Center, (1995 and 1996 aggravated assault convictions out of Broward County) has two convictions of aggravated assault from 1995 and 1996. These are permanent disqualifying offenses pursuant to ss. 435.04(2)(i), and 435.07(4)(c)1. d, Fla.Stat. 11.Ms. Hawkins challenged the denial of her exemption in accordance with Chapter 120, Fla. Stat., and lost. A final order was rendered by the Department on April 17; 2017, 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.” If you have any questions, please do not hesitate to contact me, Betsy Lewis, at (386) 481-9195. Thank you for your cooperation. Sincerely, Family Services Counselor Supervisor Child Care Regulation Enclosure: Notification of Rights Under Chapter 120, Florida Statutes 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 address: Agency Clerk Department of Children and Families 1317 Winewood Blvd, Bidg. 2, Rm. 204 Tallahassee, FL 32399-0700 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 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. 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 attorney 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, require 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: 19-002514

Orders for Case No: 19-002514