‘ @ @ STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7011 0470 0002 3594 4315 A Civil Penalty Against Return Receipt Requested The Scholars Christian Academy, Inc. d/b/a The Scholars Christian Academy, Inc. ; 5751 North Main Street, #208 Jacksonville, Florida 32208 , , } ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Thousand and Fifty Dollars ($1,050.00) against The Scholars Christian Academy, Inc., and placed on Probationary Status not to exceed six (6) months, the license under which said Respondent operates its Child Care Facility. As grounds for the imposition of this penalty, the Department states the following: 1. The State of Florida, Department of Children and Families (DCF) has jurisdiction over this matter by virtue of the provisions of Sections 402.301 ~ 402.319, Florida { . Statutes. 2. The Respondent, The Scholars Christian Academy, Inc. is licensed to operate The Scholars Christian Academy, Inc. - License #C04DU0769 , located at 5751 North Main Street, #208, Jacksonville, Florida 32208, as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22. Violation 3. During a complaint investigation conducted on September 19, 2011, a DCF Licensing Counselor, Rebekah Caldwell, determined that: Staff member L.S. transported children in the facility's van for a period of fourteen (14) days without having obtained the proper clearance from the F.B.!. or F.D.L-E. The facility was notified on August 30, 2011 that L.S., a volunteer at the time, had a possible disqualifying offense and that a clearance letter could not be issued. L.S. should not have been transporting children or acting as childcare personnel, in any capacity, without having undergone a full Level 2 Background Screening. e o i Si inistrative Hearings 4. FAC Rule 65C-22.006(4)(d), states, personnel records shall include: Level 2 screening; Background Screening and Personnel File Requirements, which is incorporated by reference. A screening conducted under this rule is valid for five (5) years, at which time a statewide re-screening must be conducted. And Florida Statutes, ss 402.302 (13) states, “Screening”, means the act of assessing the background of childcare personnel, but is not limited to Employment History Checks, Local Criminal Records Checks through focal law enforcement agencies, fingerprinting for all purposes and checks in this subsection, Statewide Criminal Records Checks through the Department of Law Enforcement and the Federal! Criminal Records Checks through the Federal Bureau of Investigation. Every person employed in a position for which employment screening is required must, within (5) five working days after starting working to work, submit to the employer a complete set of information necessary to conduct a screening under this section. Pursuant to the Florida Administrative Code Rule 65C- 22.006(4)(d), this is a Class 2 violation. This same Class 2 violation was previously cited on January 12, 2010, September 8, 2010, and again on February 8, 2011. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #60-Background Screening Documents, the fine for this fourth Class 2 violation, assessed at the amount of $75.00 a day, for the fourteen (14) day period of time in which the standard was out of compliance, is $1,050.00. In addition, the Department shall seek to put the facility on Probationary Status, as outlined below. Probationary Status 5. The Respondent's License will be placed on Probationary Status for a period not to exceed six (6) months. The terms of the Probation are as follows: a.) The facility shall incur no additional violations relating to missing Level 2 Background Screening documentation. b.) The Director must complete the Department's “Guide to Record Keeping” training course. Failure to comply with these conditions may result In revocation of Respondent's license. 8. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes as the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 9, Payment of money order or cashier’s check for this fine can be made directly to the Department of Children and Family Services. The mailing address is: 5920 Arlington Expressway, P.O, Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure. 10. Failure to pay the fine imposed in this Administrative Complaint will result in an automatic non-renewal of the license referenced above. NOTICE OF RIGHTS NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 CALENDAR DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING. You may submit your request for an administrative hearing to the Department at the following addresses: David Tucker Gregory D. Venz, Agency Clerk Chief Legal Counsel Department of Children & Families Department of Children & Families Office of the General Counsel P.O. Box 2417 1323 Winewood Blvd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 Please note that a request for an administrative hearing must comply with section 120.569(2) (c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions, when read together, require a petition for administrative hearing to include: (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 petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination; (c) A statement of when and how the pétitioner received notice of the agency decision; (d) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (f} A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action; and (9) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require that a petition to be dismissed if it is not in substantial compliance with the requirements above. Pursuant to section 120.573, Florida Statutes, the Department advises that formal mediation is not available for this administrative complaint. However, the Department may consider proposals to resolve the complaint without a formal hearing. STATE OF’ FILORIDA, VA DEPARTMENT OF CHILDREN AND FAMILIES Safety Program Manager CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 7011 0470 0002 3594 4315 Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this Gyr day of February, 2012. STATE OF FLORIDA, ‘DEPARTMENT OF CHILDREN & FAMILIES Safety Program Manager USPS.com® - Track & cont - Page | of 1 English Customer Service ‘USPS Mobile Repistar/ Signin BaUSPSCOM Sech USPS.com or Track Packages Quick Tools Ship a Package Send Mot Manage Your Mail Shop Business Solutions Track & Confirm SevehatPoares, PaufbEas STATUS OF YO Bp Location FEATURES YOUR LABEL NUMBER SERVCE SONVILLE, FL 32208 | Certified Me™ 70110470000235944315. February 15, 2012, 3:26 pm | Amtval al una Febdsuary 14, 2012, 7:45 am, | woxsonue, Fl, 32208 ; | | ' | { i ' Processedthvough | February 14, 2012, 1228 em | JACKSONVILLE, FL 32203 | USPS Sort Feciity | Check on Another Item i What's your label (or receipt) number? LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Poticy » Government Services > ‘About USPS Home > Business Customer Gateway > ( Terms of Use» Buy Stamps & Shop » ‘Hewsroony> Postal Inspectors » : FOIA Print a Lebet with Postage > Mail Service Updates » Inspector General > No FEAR Act EEO Data > Customer Service > Fors & Puttications » Postal Exporer > ‘Sito index > Careers > Copyright® 2012 USPS. AH Rights Rasarved https://tools.usps.com/go/TrackConfirmAction.action 2/23/2012 a David Tucker/D04/DCF To Jeffrey Elfiott/D04/DCF@DCF 02/09/2012 11:14 AM cc bec Subject Re: The Scholars Christian Academyl] sufficient David G, Tucker Regional Counsel, Northeast Region Florida Department of Children and Families 5920 Arlington Expressway Jacksonville, FL 32211 ; (904)723-2172 (0) (904)534-8919 (c) david_tucker@def.state.fl.us This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, please notify the sender, delete this message, and do not use, disseminate, or copy its contents. Thank you. Jeffrey ElliotVD04/DCF Jeffrey Elliot/D04/DCF 02/09/2012 11:00 AM To David Tucker/D04/DCF@DCF cc Subject The Scholars Christian Academy sufficient? Adm Complaint The Scholars Christian Academy 12222011 .docThanks. ghshie COMPLETE THIS SECTION ON DELIVERY (Ps > e :- Complete Home e 2, and 3. Also complete gee V . ‘am 4 |f Restricted Delivery is desired. y gen @ Print your name and address on the reverse" LYS A CI Addressee r ea * += so that we can-return the card'to you. **- @ Attach this card to the back of the mallpiece, or on the front if space permits. "1. Article Addressedto: igs Cs fit ff WY Fe B. Received by (Printad Name) C. Ope of Del B. Is delivery address different from Item 17 Cl Yes ? It YES, enter detivery address below: [No e FH 21 2012 EPT. OF CHILDREN & & CHD CARE rites hai _ _ The Scholars Christian Academy, Inc. ' i 5751 North Main Street, #208 . Jacksonville, Florida 32208 NSUR 3. Service Type Cl Gertiffed Mail 1 Express Mat) 1 Registered 1 Return Recelpt tor Merchandise DInsured Mall = 6,0.0. ( oo , _ | 4, Restricted Delivery? (Extra Fea) / a0 D470 Onoe 3594 4315 © 2. Article Numb (Ttanster from’service labo! 1 PS Form 3811, February 2004 Domestic Return Receipt _ 0}

Docket for Case No: 12-004127