STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Agape Investment Group Inc d/b/a Certified Mail: 7012 0470 0000 1853 1533 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 Forty Dollars ($140.00) and REVOCATION OF THE CHILDCARE 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 Childeare 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 #C04NA0043 located at 542688 US Highway 1, Callahan, FL 32011. The facility license is currently a PROBATIONARY License. Violation 1: 3. During a Routine Inspection on April 17, 2073, DCF Licensing Counselor Tracey Flanders, observed that: Counselor observed a teacher sitting between the preschool and toddler rooms supervising children in both classes while they slept. She was supervising a mixed group of eighteen (18) children between the ages of 1 year to 4 years old. A ratio of one (1) sfaff for six (6) children is required. infants and one (1) year old children are exempt from the naptime supervision rules. 1 4. The foregoing facts violate Florida Administrative Code 65C-22.004 (4) (b) which states: In groups of mixed age ranges, where children under one (1) year of age are included, one (1) staff member shall be responsible for no more than four (4) children of any age group, at all times. In groups of mixed age ranges, where children one (1) year of age out under two (2} years of age are included, one (1) 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 seventh (7) Class Il 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 (fined $50) August 9, 2012 (fined $60 per day for 1 day), October 9, 2012 (fined $75 per day for 1 day) and the license was placed on Probationary status, and on October 30, 2012 (fined $100 per day for 1 day). The Department is currently seeking to revoke the license for the sixth alleged ratio violation dated April 11, 2013. The instant ratio violation is the seventh violation and The Depariment again seeks revocation of the license. The fine imposed for this violation is One Hundred Dollars ($100.00) per day for one (1) day and REVOCATION OF LICENSE. Violation 2: 6. During a Routine Inspection on April 17, 2013, DCF Licensing Counselor Tracey Flanders, determined that: _A current DH Form 680, Florida Certification of Immunization, was missing for one (1) child. 7. The foregoing facts violate Administrative Code 65C-22.006 (2)(c) which states: The child care facility is responsible for obtaining for each child in care a current, complete and properly 2 executed Fiorida Certification of Immunization form Part A-1, B, or C, DH 680 (April 2009), or the Religious Exemption from Immunization form, DH 681 (July 2008), which are incorporated herein by reference, from the custodial parent or legal guardian. DH Form 680 and DH Form 681 may be obtained from the local county health department. Immunizations received out-of-state are acceptable; however immunizations must be documented on the Florida Certification of Immunization form and must be signed by a physician practicing in the State of Florida. Specific immunization requirements are included and detailed in the most current edition of the “Immunization Guidelines-Florida Schools, Child Care Facilities and Family Day Care Homes" as promulgated by the Florida Department of Health. 8. The violation described above is a Class Ill violation of child care licensing standards. It is the facility's fifth (5") Glass II violation of Child Care Facility Standards Classification Summary #57 Children's Health/immunization Records, within a two-year period. The same violation was cited on April 5, 2012 and December 12, 2012 resulting in technical assistance and administrative warning and on February 11, 2013 (fined $25) on March 6, 2013 (fined $240 at $30.00 per day for eight (8) days from March 6, 2013 until March 18, 2013), The fine imposed for this violation is Forty Dollars ($40.00) per day for one (1) day. If you do not wish to contest the findings of this administrative complaint, please submit a cashier's check or money order_ made payable to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL. 32234. If you wish to contest the findings of this administrative complaint and/or the sanctions imposed you may do so as provided in the notification of rights below. 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 3 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. 0. 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 petitionsr’s substantial interests will be affected by the agency determination; (d) Astatement of when and how the petitioner received notice of the agency decision; (e) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) Aconcise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (g) A statement 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. Ci FICATE OF | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no. 7012 0470 0000 1853 1533 to Agape Investment Group In dibia Agape Childcare and Family Services, 642588 US Highway 1, Callahan, FL. 32011 this day of May 2013. Safety Program Manager

Docket for Case No: 13-002520