NLS fas a nelaves a , STATE OF FLORIDA | DEPARTMENT OF CHILDREN AND FAMILIES { IN THE MATTER OF: | A Civil Penalty Against { ABC Academy Il, Inc. | 1 ABC Academy Il, Inc. and Annex COLLIER Hate ADMINISTRATIVE COMPLAINT AUMUND eee Nature of the Case 4. This case arises from the child care facility's failure to comply with Florida Statutes, | Section 435.05 (1)(c) with respect to background screening. - | t 1 4 : 2. This is an administrative action for imposition of civil penalties per known incidents of . occurrence as authorized in Chapter 402.310, Florida Statutes. : | 3. The State of Florida, Department of Children and Families is the administrative agency of the State of Florida charged with the duty to enforce and administer the provisions of Chapter 402 Florida Statutes. | 4. On October 31, 2000, Kenneth N. Griggs, identifying himself as the operator of | ABC Academy Il, Inc., made application to the Department to operate a child care facility known as ABC Academy Il, Inc. At 41 Tenth Street North, Naples, Florida, 34102. On December 29, 2000, the Department issued a provisional license, certificate #088524, effective December 31, 2000 to June 30, 2001 due to deficiencies with regard to background screening. A subsequent second provisional license was issued effective June 30, 2001 to December 31, 2001. 5. On September 17, 2001, an agent from the Department conducted a routine inspection of the facility. It is documented that Tameka Aiken was hired on May 30, 2001; Kayla Ramirez was hired August 28, 2001; Tina Thomas was hired August 22, 2001 and additionally Martinique Warner was hired “late July” after working on and off since April 2000 per on site director Cindee Beckendorf. Ms. Aiken, Ms Warner, Ms. Ramirez and Ms. Thomas do not have local law clearances that are due on file within ten days from employment date. Ms. Aiken, Ms. Warner, Ms Ramirez, and Ms Thomas have not been fingerprinted so fingerprints have not been submitted to FDLE or the FBI. An employee has five days after date of hire to submit fingerprints to the employer and the employer has an additional five days to submit the prints to FDLE to be within the mandated time frames. =. 6. The Department has previously issued an administrative warning with respect to background screening on December 28, 2000. 7. The acts and practices described in paragraph 5 are violatioris of Section 435.05 (1)(c) and Section 402.305 (2)(a), Florida Statutes, and Rule 65C.22.006 (5)(e), Florida Administrative Code. In this matter, the Department imposes a fine of $50 per employee per day for a total of 99 days of noncomipliance with regard to fingerprint submission and completion of local law clearances for a fine of $4950. : TOTAL ADMINISTRATIVE FINE: $4950.00 NOTIFICATION OF RIGHTS © Should you wish to appeal this action, you may request a hearing by making a written request pursuant to Chapter 120, Florida Statutes. This request must comply with Rule 28- 106.201 or Rule 28-106.301, Florida Administrative Code, or else it will be dismissed. The request for an administrative hearing must be made in writing and received no later — than 21 days from the date you receive this notice. Failure to timely request an administrative hearing shall constitute a complete waiver of any right you may have to challenge the department's decision. You must forward your request to: » Department of Children and Families Consumer Protection and Licensing Post Office Box 60085 Fort Myers, Florida 33906 Attention: Nancy Starr STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Mary Allyn Moore, Supervisor Child Care Licensing fp {G Se. ese ie pee FB#255084 District Legal Counsel P.O. Box 60085 — Fort Myers, Florida 33906 | | { | Certificate of Service . | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Regular US Mail and Certified Mail, Return Receipt Requested, Certificate # 7000 0520 0012 3059 5241, this 5th day of October, 2001 to: Sandra Griggs, Registered Agent, ABC Academy li, Inc., 41 Tenth Street North, Naples, Florida, 34102 ' | STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Mary Allyn Moore ; Consumer Protection and Licensing P.O. Box 60085 Fort Myers, Florida 33906

Docket for Case No: 01-004326