Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: AGAPE INVESTMENT GROUP, INC., D/B/A AGAPE CHILDCARE AND FAMILY SERVICES
Judges: EDWARD T. BAUER
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Apr. 01, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 20, 2014.
Latest Update: Dec. 26, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Agape investment Group Inc Certified Mail: 7012 3050 0002 0680 7946
d/b/a 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
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 REVOCATION ACTION PENDING.
3, During a Routine Inspection conducted on January 8, 2014 DCF Licensing Counselor
Tracey Flanders, observed:
One (1) staff member was supervising five (5) children, age infant to two (2) years old in the infant
room.
4. The foregoing facts violate Florida Administrative Code 65C-22.001(4)(a)(b}{1) which states:
The staff-to-child ratio, as established in Section 402.305(4), F.S., is based on primary responsibility for
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the direct supervision of children, and applies at all times while children are in care. In groups of mixed
age ranges, where children under one year of age are included, one staff member shall be responsible
for no more than four 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 facllity's elghth (8) Class It violation of Child Care Facility Standards Classifications Summary
#4 Ratio Sufficient 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 one (1) day), October 9, 2012 (fined $75 per day for one (1) day) and the license was placed on
Probationary status, October 30, 2012 (fined $100 per day for one (1) day). The fine imposed for this
violation is One Hundred Dollars ($100.00) per day for one (1) day and REVOCATION OF THE
CHILD CARE LICENSE.
\f you do not wish to contest the findings of this administrative complaint, please submit s_cashicr's
check or money order made payable to the Florida Department of Children and Families, Child
Care Rogulation Office, 5920 Arlington Expressway, P.O, Box 2417, Jacksonville, FL 32231
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
ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF
THE RIGHT TO A HEARING.
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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 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) Astatement 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) Acconcise 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
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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 reapect 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 itis 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. 7012 3050 0002 0680 7846 to Agape Investment Group Inc d/b/a Agape Childcare
and Family Services, 542588 US Highway 1, Callahan, FL 32011 this ay of February 2014.
Safety Program Manager
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Docket for Case No: 14-001477
Issue Date |
Proceedings |
Mar. 24, 2015 |
Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits lettered A-F to Petitioner.
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Oct. 20, 2014 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
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Oct. 16, 2014 |
Petitioner's Response to Order to Show Cause filed.
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Oct. 07, 2014 |
Order to Show Cause.
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Jul. 24, 2014 |
Amended Order Cancelling Final Hearing and Placing Case in Abeyance (parties to advise status by November 21, 2014).
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Jul. 24, 2014 |
Order Canceling Final Hearing and Placing Case in Abeyance (parties to advise status by November 21, 2014).
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Jul. 22, 2014 |
Order to Show Cause.
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Jul. 21, 2014 |
Petitioner's Motion to Abate Proceedings Pending Resolution of Appeal in DOAH Case 13-1686 filed.
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Jul. 21, 2014 |
Petitioner's Notice of Filing Witness List and Exhibits filed (exhibits not available for viewing). |
Jul. 21, 2014 |
Petitioner's Notice of Filing Witness List and (Proposed) Exhibits (filed in Case No. 13-004127).
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Jul. 18, 2014 |
(Petitoner's) Notice of Filing Correct Adminsitrative Complaint (filed in Case No. 14-002797).
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Jul. 03, 2014 |
Notice of Transfer.
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Jun. 19, 2014 |
Order of Consolidation (DOAH Case Nos. 14-2797).
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Jun. 10, 2014 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for July 25, 2014; 9:30 a.m.; Jacksonville, FL).
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Jun. 10, 2014 |
Notice of Transfer.
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Jun. 09, 2014 |
Order Granting Motion to Withdraw.
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Jun. 06, 2014 |
Status Report filed.
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May 30, 2014 |
Amended Unopposed Motion to Withdraw as Respondent's Qualified Representative filed.
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May 30, 2014 |
Unopposed Motion to Withdraw as Respondent's Qualified Representative filed.
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May 07, 2014 |
Order Canceling Hearing (parties to advise status by June 6, 2014).
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May 07, 2014 |
(Respondent's) Unopposed Motion to Cancel Final Hearing Pending New Case Being Filed filed.
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Apr. 18, 2014 |
Order of Consolidation (DOAH Case Nos. 14-1477).
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Apr. 11, 2014 |
CASE STATUS: Status Conference Held. |
Apr. 09, 2014 |
Order Accepting Qualified Representative.
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Apr. 08, 2014 |
Motion to be Recongized as Respondent's Qualified Representative filed.
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Apr. 04, 2014 |
Joint Response to Initial Order filed.
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Apr. 01, 2014 |
Initial Order.
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Apr. 01, 2014 |
Petition for Relief, Request for Administrative Hearing and Recognition as Petitioner's Qualified Representative filed.
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Apr. 01, 2014 |
Administrative Complaint filed.
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Apr. 01, 2014 |
Notice (of Agency referral) filed.
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