STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: New Harvest Educational Centers, Inc. HENDRY COUNTY d/b/a Harvest Academy Certified Mail Return 370 Holiday Isles Dr Receipt No. Clewiston, FL 33440 7015 0640 0001 0004 1388 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department of Children and Families (Department) is revoking New Harvest Educational Centers, Inc.’s license (Number C20HE6629) to operate a child care facility. 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 New Harvest Educational Centers, Inc. d/b/a Harvest Academy (Harvest Academy) for violations of child care licensing standards set forth in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Harvest Academy is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility located at 370 Holiday Isles Dr., Clewiston, Florida. 3. Section 402.305(2)(f), Florida Statutes, and Rule 65C-22.003(8)(a), Florida Administrative Code, state as follows: Section 402.305(2){f), Florida Statutes, states: (2) PERSONNEL. - Minimum standards for child care personnel shall include minimum requirements as to: (f) By January 1, 2000, a credential for child care facility directors. By January 1, 2004, the credential shall be a required minimum standard for licensing. Rule 65C-22.003(8)(a), Florida Administrative Code, states in part: (8) Director Credential. (a) Director Credential Requirement. Pursuant to Section A402.305(2)(f), F.S., every child care facility must have a credentialed director. An individual with an inactive Director Credential is ineligible to be the director of a child care facility. An applicant for the Director Credential must meet the requirements referenced in CF-FSP Form 5290, March 2009, Florida Child Care Director Credential and Renewal Application, which is incorporated by reference. CF-FSP Form 5280 may be obtained from the department's website at www.myflorida.com/childcare. All applications and documentation will be verified, and if corrplete, the credential will be issued by the department or designated representative on CF-FSP Form 5252, April 2006, Florida Director Credential Certificate, incorporated by reference. Form CF-FSP 5252 is issued to participants upon meeting the requirements for issuance of a Director Credential. 1. An individual may not be the director of child care facilities that overlap in the hours of operation. 2. Each child care facility must have a credentialed director who is on- site a majority of hours, excluding weekends and evening hours that the facility is in operation. Documentation of majority of hours must be maintained and available for review by the licensing authority. 3. Every applicant for a license to operate a child care facility or a license for a change of ownership of a child care facility must document that the facility director has an active Director Credential prior to issuance of the license. 4. Child care facility owners must notify the licensing authority within five working days of when the facility loses a credentialed director or when there is a change of director. a. The licensing authority will then issue a provisional license for a period not to exceed six months for any facility without a credentialed director. b. The provisional license will have an effective date of the first day the facility was without a credentialed director. 5. CF-FSP Form 5252, Florida Director Credential Certificate, must be maintained at the facility for review by the licensing authority. In addition, Sections 402.309(1) and (3), Florida Statutes provides in part: (1) The local licensing agency or the department, whichever is authorized to license child care facilities in a county, may issue a provisional license for child care facilities, family day care homes, or large family child care homes, or a provisional registration for family day care homes to applicants for an initial license or registration or to licensees or registrants seeking a renewal who are unable to meet all the standards provided for in ss. 402.301 - 402.319. i) (3) The provisional license or registration may not be issued for a period that exceeds 6 months; however, it may be renewed one time for a period that may not exceed 6 months under unusual circumstances beyond the control of the applicant. 4. On July 29, 2014, Harvest Academy was issued a regular annual license. At that time the facility had a credentialed director as required by the statute and code set forth above. 5. On April 29, 2015, the facility's regular license was converted to a provisional license as it no longer had a credentialed director. The provisional license was issued for a six month period - through October 28, 2015. 6. On October 5, 2015, the facility's owner advised the Department that the facility was not going to have the credentialed director by the October 28, 2015. 7. The last day of the facility's provisional license was October 28, 2015, and it still has no credentialed director as required by statute and code. 8. Section 402.305(2)(f), Florida Statutes, and Rule 65C-22.003(8)(a), Florida Administrative Code, require that every facility have a credentialed director. A credentialed director is a required minimum standard for the licensing of a child care facility. The facility was afforded six (6) months to obtain a credentialed director. The facility did not have a credentialed director at any time during that six (6) month period. The six (6) months has lapsed and the facility still does not have a credentialed director. Therefore, the facility's license to operate a child care facility is being revoked for failure to have a credentialed director as required by statute and code. we RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” SET FORTH BELOW. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Charles Pelham, designated corporate representative of New Harvest Educational Centers, Inc. d/b/a Harvest Academy, P.O. Box 700, Clewiston, FL 33440, this <1 + day of VOI DY : 2015. Mary Beth'Wehnes, CPM _ Regional Safety Program Manager CC: Eugenie Rehak, DCF Legal Counsel Sherrie Quevedo, Family Services Specialist Chemenda Sawyer, Family Services Counselor Enclosure NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING UNDER SECTION 120.569 AND 120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT BY 5:00 P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED THE DEPARTMENT'S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following addresses: Department of Children and Families Legal Counsel (Attention: Eugenie Rehak) Post Office Box 60085 Fort Myers, FL 33906-6085 Department of Children and Families Agency Clerk (Attention: Paul Sexton) Office of General Counsel 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT'S PROPOSED ACTION WILL BE FINAL. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. if you disagree with the facts stated in the Department's administrative complaint, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. At a formal hearing, you may present evidence and arguments on all issues involved, and question the witnesses called by the Department. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department's administrative complaint, you may request an informal administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for consideration by the Department. You have the right to be represented by counsel or other qualified representative. Your request for an administrative hearing must meet the requirements of Rule 28-106.2015(5), Florida Administrative Code, must be prepared legibly on 8 % by 11 inch white paper, and include all of the following items: (a) Your name, address, email address (if any) and telephone number. (b) The name, address, email address (if any) and telephone number of your attorney or qualified representative, if any. (c) A statement requesting an administrative hearing. (d) A statement of all facts in the administrative complaint with which you disagree. {f you do not disagree with any of the facts stated in the administrative complaint, you must say so. (e) A statement of when and how you received the administrative complaint. (f) A statement identifying the file number of the administrative complaint, if shown on the administrative complaint. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available. However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, 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 or informal dispute resolution does not result in a settlement.

Docket for Case No: 15-006742