Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: AGAPE INVESTMENT GROUP INC., D/B/A AGAPE CHILDCARE AND FAMILY SERVICES
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Jan. 14, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 8, 2013.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Agape Investment Group Inc. Certified Mail 7011 0470 00023594 9884
dibfa Agape Childcare and Family Services Return Receipt Requested
542588 US Highway 1
Callahan, FL 32011
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of
One Hundred Fifty ($150.00) and REVOCATION of the Child Care License. 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 Agape Investment Group Inc. d/b/a Agape Childcare and Family Services for
violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter
65C-22, Florida Administrative Code.
2. Agape Investment Group Inc. is licensed under chapter 402, Florida Statutes, and
chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Agape Childcare
and Family Services, License #CO4NA0043 located at 542588 US Highway 1, Callahan FL 32011.
The facility license is currently on PROBATIONARY STATUS.
Violation 1
3. During a Routine Inspection conducted on October 30, 2012, DCF licensing counselor
Tracey Flanders observed that:
One teacher was caring for eleven (11) children between the ages of one (1) year to two
(2) years old. A ratio of 1 staff for 6 children is required.
4. The foregoing facts violate Administrative Code 65C-22.001 (4) (b) (2) which states: In
groups of mixed age ranges, where children one (1) year of age but under two (2) years of age
1
are included, one staff member shall be responsible for no more than six (6) children of any age
group, at all times.
5. The violation described above is a Class II violation of child care licensing standards. It is
the facility's fifth (5"") Class II violation of Child Care Facility Standards Classification
Summary #4 Ratio, within a two-year period. The same violation was previously cited on April
20, 2012 and resulted in technical assistance, also on May 14, 2012 (Administrative Complaint
for $50 ) August 9, 2012 (Administrative Complaint for $60 per day for 1 day ) and October 9,
2012 (Administrative Complaint for $75 per day for 1 day) and the license was placed on
Probationary status. The fine imposed for this violation is One Hundred Dollars ($100.00) per
day for (1 day) and REVOCATION of the Child Care License.
Violation Il
6. During a Routine Inspection conducted on October 30, 2012, DCF licensing counselor
Tracey Flanders observed that:
There was evidence of rodent or vermin infestation. Counselor observed a roach in the
microwave in the kitchen.
7. The foregoing facts violate Administrative Code 65C-22.002 (1) (a) (b) which states:
All child care facilities must be clean, in good repair, free from health and safety hazards and
vermin infestation. During the hours that the facility is in operation, no portion of the building shall
be used for any activity which endangers the health and safety of children.
8. The violation described above is a Class III violation of child care licensing standards. It
is the facility's seventh (7"") Class Il] violation of Child Care Facility Standards Classification
Summary #14 Facility Environment, within a two-year period. The same violation was
2
previously, cited on April 5, 2012, April 20, 2012 and May 14, 2012 all resulting in Technical
Assistance. The Child Care facility was cited again on May 24, 2012 for the forth violation
resulting in an Administrative Complaint for Thirty Dollars ($30.00) per day for 1 day and again
on August 9, 2012 with an Administrative Complaint of Forty Dollars ($40.00) per day for 1 day
and placing the Child Care License on PROBATIONARY status and again on October 9, 2012
for the 6" violation resulting in an Administration Complaint of Fifty Dollars ($50.00) per day for
1 day and SUSPENSION of the Child Care license for three (3) business days. The fine
imposed for this 7" violation is Fifty Dollars ($50.60) per day for one (1) day and
REVOCATION of the Child Care license.
If you do nof 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 Families, Child Care Regulation
Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231
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 IN WRITING AND MUST BE RECEIVED BY THE
DEPARTMENT WITHIN 21 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
Post Office Box 2417 1323 Winewood Bivd., 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 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;
(c) An explanation of how the petitioner’s substantial interests will be
affected by the agency determination;
(d) A statement of when and how the petitioner received notice of the
agency decision;
(e) Astatement of all disputed issues of material facts. If there are
none, the petition must so indicate;
(f) Avconcise statement of the ultimate facts alleged, including the
specific facts the petitioner contends warrant reversal or
modification of the agency's proposed action;
(g) Astatement of the specific rules or statutes the petitioner
contends require reversal or modification of the agency’s
proposed action, including an explanation of how the alleged facts
relate to the specific rules or statutes; and
(h) 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 a petition
to be dismissed if it is not in substantial compliance with the requirements above.
Mediation as described in section 120.573, Florida Statutes, may be available 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 does not result in a settlement.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail
return receipt no. 7011 0470 0002 3594 9884 to Agape Investment Grou . dibla Ag Childcare
and Family Services, 542588 US Highway 1, Callahan FL 32011 this
Safety Program Manager
Docket for Case No: 13-000154
Issue Date |
Proceedings |
Apr. 08, 2013 |
Order Closing File. CASE CLOSED.
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Apr. 08, 2013 |
Notice of Voluntary Dismissal filed.
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Feb. 27, 2013 |
Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by March 28, 2013).
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Feb. 25, 2013 |
Motion for Stay of Proceedings Pending Settlement filed.
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Feb. 22, 2013 |
Petitioner's Amended Notice of Filing Witness List and (Proposed) Exhibits filed.
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Feb. 22, 2013 |
Petitioner's Notice of Filing Witness List and Proposed Exhibits A-L filed.
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Feb. 21, 2013 |
Notice of Filing (Proposed) Exhibits filed.
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Jan. 25, 2013 |
Order of Pre-hearing Instructions.
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Jan. 25, 2013 |
Notice of Hearing by Video Teleconference (hearing set for February 28, 2013; 9:30 a.m.; Jacksonville and Tallahassee, FL).
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Jan. 24, 2013 |
Joint Response to Initial Order filed.
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Jan. 14, 2013 |
Initial Order.
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Jan. 14, 2013 |
Administrative Complaint filed.
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Jan. 14, 2013 |
Request for Administrative Hearing filed.
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Jan. 14, 2013 |
Notice (of Agency referral) filed.
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