Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: DR. D.D. BROWN CHRISTIAN ACADEMY OF HOPE
Judges: SUZANNE VAN WYK
Agency: Department of Children and Family Services
Locations: Gainesville, Florida
Filed: Oct. 30, 2019
Status: Closed
Recommended Order on Wednesday, September 2, 2020.
Latest Update: Dec. 25, 2024
Summary: Whether Respondent’s1 religious exemption from licensure as a child care facility, pursuant to section 402.316, Florida Statutes, should be revoked as alleged in the Administrative Complaint dated March 18, 2019.Petitioner proved that cook who provided meals for both daycare and private K-12 school was "child care personnel" subject to background screening requirements; Petitioner did not prove same with respect to member of board of directors.
<
2 eg Ron DeSantis
2 ~~) @ & State of Florida Governor
a = Department of Children and Families
% 2 Chad Poppell
2, *
re | ate Secretary
MYPLFAMILIES. COM
Revocation of Religious Exemption
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
March 18, 2019 Certified Mail #
Return Receipt Requested
To: Dr. D. D. Brown Christian Academy of Hope X05MA0214
921 SW 3" Street
Ocala, Florida 34471-1508
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department intends to revoke your religious exemption located at 921
SW 3" Street, Ocala, Florida. The Department's authority and grounds to impose this sanction are
explained below.
1) Dr. D. D. Brown Christian Academy of Hope [XO05MA0214] was informed on March 1, 2019 that
Errol Washington and Jeanette Crowell did not have required background screenings. Mr.
Washington was screened on March 8, 2019 and was determined to be not eligible. Ms. Crowell
has not yet been screened.
2) Pursuant to 402.316 F.S. the provisions of ss. 402.301-402.319, except for the requirements
regarding screening of child care personnel, shall not apply to a child care facility which is an
integral part of church or parochial schools conducting regularly scheduled classes, courses of
study, or educational programs accredited by, or by a member of, an organization which
publishes and requires compliance with its standards for health, safety, and sanitation. However,
such facilities shall meet minimum requirements of the applicable local governing body as to
health, sanitation, and safety and shall meet the screening requirements pursuant to ss. 402.305
and 402.3055. Failure by a facility to comply with such screening requirements shall result in the
loss of the facility's exemption from licensure.
it is a misdemeanor of the first degree to operate or attempt to operate a child care facility without
a license or without registering with the Department, pursuant to s. 402.319(1) (c) Florida Statutes.
If the Department determines you are operating a child care facility without _a license, the
Department_may petition the circuit court to issue an injunction against_you under section
402.312, Florida Statutes, and may refer the matter to the State Attorney under section 402.319
Florida Statutes.
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
ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES”
1317 Winewood Boulevard, Tallahassee, Florida 32399-0700
Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and
Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency
Should you have any questions regarding this notification, please contact the Child Care Program Office
at (850) 488-4900.
Sincerely,
Shelley Tinney
Operations and Management Consultant II
CC: Samantha Wass de Czege, Director, Office of Child Care Regulation
Richard Forrester, Regional Safety Program Manager
Marsha Carpenter, Licensing Supervisor
Barbara Brinkley, Licensing Counselor
Stefanie Camfieid, Assistant General Counsel
Joyce Miller, Asst. General Counsel
Chrystal Koontz, ELC of Marion County
Freda Stevens, Green Apple Accreditation of Children Services
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 SECTIONS 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:
Agency Clerk
Department of Children and Families
1317 Winewood Blvd, Bldg. 2, Rm. 204
Tallahassee, FL 32399-0700
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. If 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, 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.
USPS.com® - USPS Tracking® Results Page 1 of 2
USPS T ra cki n g FAQs > (https://www.usps.com/faqs/uspstracking-faqs.htm)
Track Another Package -++
Tracking Number: 70161370000142832944 Remove X
Your item was delivered to an individual at the address at 5:11 pm on March 28, 2019 in
OCALA, FL 34471.
Y Delivered
March 28, 2019 at 5:11 pm
Delivered, Left with Individual
OCALA, FL 34471
yoeqpss
Get Updates Vv
Text & Email Updates
Tracking History
Product Information
See Less A
Can’t find what you’re looking for?
Go to our FAQs section to find answers to your tracking questions.
https://tools.usps.com/go/TrackConfirmAction 4/22/2019
USPS.com® - USPS Tracking® Results Page 2 of 2
FAQs (hitps://www.usps.com/faqs/uspstracking-faqs.htm)
yoeqnee,
The easiest tracking number is the one you don't have to know.
With Informed Delivery®, you never have to type in another tracking number. Sign up to:
© See images* of incoming mail.
Automatically track the packages you're expecting.
e Set up email and text alerts so you don't need to enter tracking numbers.
e Enter USPS Delivery Instructions™ for your mail carrier.
Sign Up
(https://reg.usps.com/entreg/RegistrationAction_input?
*NOTE: Black and white (grayscale) images show the outside, front of letter-sized
envelopes and mailpieces taht) ppsdans&areleitebttessatomated equipment.
https://tools.usps.com/go/TrackConfirmAction 4/22/2019
Docket for Case No: 19-005806
Issue Date |
Proceedings |
Sep. 07, 2021 |
Motion for Extension of Time to File Initial Brief Due to Respondent and Appellant in Settlement Negotiations filed.
|
Aug. 19, 2021 |
Appellee's Motion to Relinquish Jurisdiction filed.
|
Aug. 19, 2021 |
New Notice of Agreed Extension of Time to File Initial Brief filed.
|
Jul. 30, 2021 |
Second Amended Notice of Agreed Extension of Time to File Initial Brief filed.
|
Jul. 28, 2021 |
Amended Notice of Agreed Extension of Time to File Initial Brief (to correct Scrivener's error) filed.
|
Jul. 27, 2021 |
Notice of Agreed Extension of Time to File Reply Brief filed.
|
Jun. 23, 2021 |
Notice of Second Agreed Extension of Time to File Initial Brief filed.
|
Apr. 12, 2021 |
Directions to Clerk filed.
|
Apr. 07, 2021 |
Notice of Appearance (Clifford Taylor) (filed in Case No. 19-005807).
|
Apr. 07, 2021 |
Notice of Appearance (Clifford Taylor) filed.
|
Feb. 12, 2021 |
Respondent's Opposition to the Recommended Order filed by the Department of Families and Children Services (filed in Case No. 19-005807).
|
Feb. 12, 2021 |
Respondent's Exception to the Recommended Order (filed in Case No. 19-005807).
|
Feb. 12, 2021 |
Petitioner's Exceptions to the Recommended Order (filed in Case No. 19-005807).
|
Feb. 12, 2021 |
Respondent's Opposition to the Exceptions to the Recommended Order filed by the Department of Families and Children Services.
|
Feb. 12, 2021 |
Respondent's Exceptions to the Recommended Order filed.
|
Feb. 12, 2021 |
Petitioner's Exceptions to the Recommended Order filed.
|
Feb. 12, 2021 |
Agency Final Order filed.
|
Feb. 12, 2021 |
Agency Final Order filed.
|
Feb. 12, 2021 |
Agency Final Order filed. (Filed in Case No. 19-5807)
|
Feb. 12, 2021 |
Agency Final Order filed. (Filed in Case No. 19-5806)
|
Sep. 02, 2020 |
Recommended Order (hearing held March 12, 2020). CASE CLOSED.
|
Sep. 02, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Sep. 01, 2020 |
Order Denying Motion for Extension of Time and Motion to Supplement the Record.
|
Sep. 01, 2020 |
Motion to Expand the Record (filed in Case No. 19-005807).
|
Sep. 01, 2020 |
Respondent's Proposed Recommended Order (filed in Case No. 19-005807).
|
Sep. 01, 2020 |
Motion to File Proposed Recommended Order out of Time (filed in Case No. 19-005807).
|
Aug. 20, 2020 |
Respondent's Proposed Recommended Order filed.
|
Jul. 31, 2020 |
Order Granting Extension of Time.
|
Jul. 30, 2020 |
Unopposed Motion for Extension of Time filed.
|
Jul. 13, 2020 |
Order Granting Extension of Time.
|
Jul. 10, 2020 |
Unopposed Motion for Extension of Time filed.
|
Jun. 30, 2020 |
Notice of Filing Transcript.
|
Jun. 29, 2020 |
Transcript of Proceedings (not available for viewing) filed. |
Jun. 18, 2020 |
Order Closing Record.
|
Jun. 17, 2020 |
Respondent's Proposed Exhibit 1 filed (exhibits not available for viewing). |
Jun. 11, 2020 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). 
 Confidential document; not available for viewing. |
Jun. 11, 2020 |
CASE STATUS: Hearing Held. |
Jun. 10, 2020 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Jun. 01, 2020 |
Amended Notice of Hearing by Zoom Conference (hearing set for June 11, 2020; 9:00 a.m.; Gainesville; amended as to Hearing Type).
|
May 29, 2020 |
Petitioner's Amended Emergency Motion for Hearing by Video Teleconference filed.
|
May 29, 2020 |
Petitioner's Emergency Motion for Hearing by Video Teleconference filed.
|
May 28, 2020 |
Procedural Order.
|
May 18, 2020 |
Procedural Notice.
|
May 18, 2020 |
Notice of Appearance (Javier Enriquez) filed.
|
Apr. 10, 2020 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for June 11, 2020; 9:00 a.m.; Gainesville and Tallahassee, FL).
|
Apr. 08, 2020 |
CASE STATUS: Pre-Hearing Conference Held. |
Apr. 08, 2020 |
Notice of Telephonic Pre-hearing Conference (set for April 8, 2020; 1:00 p.m.).
|
Apr. 06, 2020 |
Petitioner's Emergency Motion for Pre-Hearing Conference Call filed.
|
Apr. 03, 2020 |
(Corrected) Petitioner's Additional Witness filed.
|
Apr. 03, 2020 |
Petitioner's Witnesses and Exhibits (signed) filed.
|
Apr. 03, 2020 |
Petitioner's Additional Witness filed.
|
Mar. 12, 2020 |
CASE STATUS: Hearing Partially Held; continued to April 14, 2020; 9:00 a.m.; Tallahassee, FL. |
Mar. 12, 2020 |
Amended Notice of Hearing by Video Teleconference (hearing set for April 14, 2020; 9:00 a.m.; Gainesville and Tallahassee, FL; amended as to Date).
|
Mar. 11, 2020 |
Motion for Continuance filed.
|
Mar. 06, 2020 |
Petitioner's Witnesses and Exhibits filed.
|
Mar. 06, 2020 |
Petitioner's Response to the Requests for Admissions filed.
|
Jan. 16, 2020 |
Notice of Appearance (Ivory Avant) filed.
|
Dec. 30, 2019 |
Petitioner's Request for Admissions filed.
|
Dec. 02, 2019 |
Order of Pre-hearing Instructions.
|
Dec. 02, 2019 |
Notice of Hearing by Video Teleconference (hearing set for March 12, 2020; 9:00 a.m.; Gainesville and Tallahassee, FL).
|
Nov. 26, 2019 |
Department's Response to Initial Order filed.
|
Nov. 18, 2019 |
Order Granting Extension of Time.
|
Nov. 15, 2019 |
Department's Motion to Extend Time to Respond to Initial Order filed.
|
Nov. 13, 2019 |
Order of Consolidation (DOAH Case Nos. 19-5806 and 19-5807)
|
Nov. 08, 2019 |
Motion to Consolidate filed.
|
Nov. 01, 2019 |
Initial Order.
|
Oct. 30, 2019 |
Administrative Complaint filed.
|
Oct. 30, 2019 |
Statement Requesting Administrative Hearing filed.
|
Oct. 30, 2019 |
Notice (of Agency referral) filed.
|
Orders for Case No: 19-005806
Issue Date |
Document |
Summary |
Feb. 11, 2021 |
Agency Final Order
|
|
Feb. 11, 2021 |
Agency Final Order
|
|
Sep. 02, 2020 |
Recommended Order
|
Petitioner proved that cook who provided meals for both daycare and private K-12 school was "child care personnel" subject to background screening requirements; Petitioner did not prove same with respect to member of board of directors.
|