fry STATE OF FLORIDA ar a DEPARTMENT OF CHILDREN AND FAMILIES ditg Ss, fo ay IN THE MATTER OF Certified Mail: 7005 1820 0008 0152 2166 e / é A Civil Penalty Against Return Receipt Requested A bi Vio In Pa. ag Global Education Center, Inc. d/b/a 3 3 Bright Stars Academy stp Xl - 5240 NW 8" Avenue DG-W Gainesville, FL 32605 ADMINISTRATIVE COMPLAINT 23;>-- YOU ARE HEREBY NOTIFIED that the Department is revoking your child tare facility and imposing a Civil Penalty in the amount of Fifty Dollars ($50.00). As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children and Families, State of Florida, has jurisdiction ; | over Respondent by virtue of the provisions of §§ 402.301 ~ 402.319, Florida Statutes. 2. The Respondent, Global Education Center, Inc. d/b/a Bright Stars Academy, is licensed to operate a childcare facility located at 5240 NW 8" Ave., Gainesville, Florida 32605 in compliance with Chapter 402, Florida Statutes (Fla. Stat.), and Florida Administrative Code (F.A.C) Chapter 65C-22. 3. Sec. 402.3055, Fla. Stat., states in relevant part: (1) REQUIREMENTS FOR CHILD CARE PERSONNEL. (a) The department or local licensing agency shail require that the i application for a child care license contain a question that specifically asks i the applicant, owner, or operator if he or she has ever had a license i denied, revoked, or suspended in any state or jurisdiction or has been the : subject of a disciplinary action or been fined while employed in a child i care facility. The applicant, owner, or operator shall attest to the accuracy | of the information requested under penalty of perjury. If the applicant, owner, or operator admits that he or she has been a party in such action, the department or local licensing agency shall review the nature of the suspension, revocation, disciplinary action, or fine before granting the applicant a license to operate a child care facility. If the department or i local licensing agency determines as the result of such review that it is not i in the best interest of the state or local jurisdiction for the applicant to be : licensed, a license shall not be granted. (2) EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM; HEARINGS PROVIDED. (a) The department or local licensing agency shall deny, suspend, or revoke a license or pursue other remedies provided in s. 402.310, s. 402.312, or s. 402.319 in addition to or in lieu of denial, suspension, or revocation for failure to comply with this section. The disciplinary actions determination to be made by the department or the local licensing agency and the procedure for hearing for applicants and licensees shall be in accordance with s. 402.310. 4. Department staff has repeatedly informed the president of the Respondent, Robert Richardson, that it will not license the Respondent if Eman Richardson acts as the owner/corporate officer or operator/director of Bright Stars Academy. 5. Mr. Richardson forestalled a license denial in 2002 in Palm Beach County by agreeing that Eman Richardson would have no responsibility for the day to day operations and administration of the facility owned by their corporation, Little Stars Learning Center, Inc. A copy of the Notice of Intent to Deny an Application dated April 146, 2002 and the letter confirming the agreement dated April 19, 2002 are attached and incorporated herein as Exhibit “A”. 6. The Respondent's license applications dated September 13, 2007, March 5, 2008 and March 12, 2009, did not list Eman Richardson as either corporate representative or director. The Department would have not licensed the Respondent if Eman Richardson had been so listed. Copies of the 2007, 2008 and 2009 are attached and incorporated herein as Exhibits “B”, “C” and “D,” respectively. 7. On the license application dated September 13, 2007, the Respondent's president, Robert Richardson, attested that the owner, operator and director have not ever had a license denied, revoked or suspended or been subject to disciplinary action. This information is not correct because of the prior actions involving Mr. and Mrs. Richardson and Little Stars Learning Center, Inc. described in paragraphs 5 and 9. 2 8. On October 30, 2009, Eman Richardson submitted a license application/ revision of existing license for Bright Stars Academy and listed herself as the credenti- aled director, listing Robert Richardson as the corporate representative, and attesting that the owner, operator and director have not ever had a license denied, revoked or suspended or been subject to disciplinary action. This information is not correct because of the prior actions involving Mr. and Mrs. Richardson and Little Stars Learning Center, Inc. described in paragraphs 5 and 9. A copy of the application/revision of existing license is attached and incorporated herein as Exhibit “E”. 9. OnNovember 16, 2004, Little Stars Learning Center, Inc.’s application for a child care facility license was denied after four days of hearing for the reasons set forth in the Order of the Board of County Commissioners of Palm Beach County Sitting as the Child Care Facilities Board adopting the Recommended Order of Dennis Moore, Chair of the Palm Beach County Child Care Advisory Counsel dated May 29, 2004. Copies of the Order and Recommended Order are attached and incorporated herein as Exhibit “F”. . 40. Until the events described below in paragraphs 13-15, the Respondent misrepresented to the Department the role of Eman Richardson, stating that she was not acting as operator or director of Bright Stars Academy. 41. Florida Administrative Code Rule 65C-22.001(1) states in relevant part: (1) Application. (a) Application for a license or for renewal of a license to operate a child care facility must be made on CF-FSP Form 5017, August 2007, Application for a License to Operate a Child Care Facility, which is incorporated by reference. CF-FSP Form 5017 may be obtained from the licensing authority or on the Department of Children and Family Services’ website at www.myflorida.com/ childcare by clicking on the forms link. (c) The completed CF-FSP Form 5017 must be signed by the individual owner, or prospective owner, or the designated representative of a partnership, association, or corporation. 12. Rule 65C-22.003(8)(a)4., F.A.C., states, “Child care facility owners must notify the licensing authority within five (5) working days of when the facility loses a credentialed director or when there is a change of director. The licensing authority will then issue a provisional license for a period not to exceed six (6) months. The provisional license will have an effective date of the first day the facility was without a credentialed director.” 13. The Respondent's renewal application submitted March 12, 2009, lists Sylvia Akridge as the director. Although Ms. Akridge was an employee of the Respondent until September 11, 2009, she did not perform and was not allowed to perform the duties of director at the facility. Eman Richardson performed and continues to perform the duties of director, including without limitation, coordination with Early Learning Coalition; dealing with parents; handling employee files, children’s enrollment and records; completing all menus and staff work schedules; and hiring and firing of staff. 14. Onor about October 14, 2009, Ms. Eman Richardson informed the Department's licensing supervisor that Mrs: Akridge left on sick leave and she did not "know when she was coming back. On Friday, October 16, Mrs. Richardson left a voice message stating that she fired Mrs. Akridge because she did not know how to run the center. 15. Sylvia Akridge informed the Department that she has not worked at Respondent's facility since September 11, 2009. She has not been on medical leave, but resigned her position because she was not allowed to perform the responsibilities as director, and was placed by Ms. Richardson as a VPK teacher at the facility. 4 16. The Respondent's misrepresentation to the Department of the role of Eman Richardson; Ms. Richardson’s acting in the capacity of owner/director; and the Respondent's failure to disclose the prior disciplinary history of both Robert Richardson and Eman Richardson with regard to Little Stars Learning Center, Inc. in Palm Beach County are grounds to revoke the Respondent's license. 17. Rule 65C-22.002(7), F.A.C., states in relevant part: (c) Fire drills shall be conducted monthly at various times when children are in care. A current attendance record must accompany staff out of the building during a drill or actual evacuation and be used to account for all children. (d) The operator shall maintain a written record of monthly fire drills showing the date, number of children in attendance, and time taken to evacuate the premises. Each monthly record shall be maintained for a minimum of four (4) months from the date of the fire drill. 18. The Respondent is fined $50.00 for a second Class II violation within a two year period of Rule 65C-22.001(7), F.A.C. During an inspection on July 7, 2009, the Respondent failed to produce to the Department's counselor documentation that fire drills had been conducted during the months of May and June 2009. The Respondent was cited for the same violation during an inspection on March 2, 2009 (no documentation of fire drills for January and February 2009). 49. The above referenced violations constitute grounds to levy this Civil Penalty pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes at the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 20. Payment of this fine should be made by cashier’s check or money order made payable to the Department of Children and Families and delivered to Department of Children and Families/Child Care Licensing, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231-0083 within thirty (30) days of receipt of this administrative complaint. 21. You have the right to contest this Civil Penalty through an administrative hearing pursuant to Chapter 120, Florida Statutes. To request an appeal hearing you must submit a written request within 21 days of receipt of this Administrative Complaint. To initiate this formal review process, a petition for formal hearing must be received by the following individual within the twenty-one (21) day time frame: Lucy Goddard-Teel Assistant Regional Counsel Department of Children & Families 1000 NE 16 Avenue, Bldg. J #3 Gainesville, FL. 32601 IF YOU DO NOT REQUEST A HEARING, YOUR RIGHT TO APPEAL THIS CIVIL PENALTY WILL BE COMPLETELY BARRED. 22. Your request for an administrative hearing must conform to the require- ments of F.A.C. Rules 28-106.101 and 28-106.301 and must state what issues and material facts you dispute. According to those rules, the written request for hearing must contain the following information: . a. The name and address of each agency affected and each agency's file or identification number if known; . b. The name, address and telephone number of the person whe is asking for the hearing (the petitioner); Cc. The name, address and telephone number of the petitioner's representative, if any; d. An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; e. A statement of when and how the petitioner received notice of the agency decision; f. A statement that the petitioner does not dispute the facts upon which the agency relied but that s/he wants to exercise the right to he heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute; g. Aconcise statement of the facts as the petitioner perceives them to be, including the specific facts set out by the agency that the petitioner wants the agency to reverse or change; h. A statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and i. A statement specifying what action the petitioner wants the agency to take in the matter. Finally, in accordance with Chapter 120, Florida Statutes, all parties to this cause have . the opportunity to respond, to present evidence and argument of all issues of involved, to conduct cross-examination and submit evidence, to submit proposed findings of facts and order, to file exceptions to any order of a hearing officer’s recommended order, and to be represented by counsel (at your expense). In addition, you have the right to have subpoenas and subpoenas duces tecum issued. vepaeyien OF CHHQDREN Family Safety Program Manager/ Northeast Region Child Care Licensure FAMILIES CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the licensee by U.S. Certified Mail # 7005 1820 0008 0152 2166 , Return Receipt Requested, in accordance with ss. 120.69(8), Florida Statutes (2008), this Hf & day of November, 2009. tYyné Pamela Buckham é Safety Program Manager

Docket for Case No: 09-006813