Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: GLOBAL EDUCATION CENTER, INC., D/B/A BRIGHT STARS ACADEMY, AND ROBERT RICHARDSON
Judges: SUZANNE F. HOOD
Agency: Department of Children and Family Services
Locations: Gainesville, Florida
Filed: Dec. 16, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 8, 2010.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA ar a
DEPARTMENT OF CHILDREN AND FAMILIES ditg Ss, fo
ay
IN THE MATTER OF Certified Mail: 7005 1820 0008 0152 2166 e / é
A Civil Penalty Against Return Receipt Requested A bi Vio In
Pa. ag
Global Education Center, Inc. d/b/a 3 3
Bright Stars Academy stp Xl -
5240 NW 8" Avenue DG-W
Gainesville, FL 32605
ADMINISTRATIVE COMPLAINT 23;>--
YOU ARE HEREBY NOTIFIED that the Department is revoking your child tare
facility and imposing a Civil Penalty in the amount of Fifty Dollars ($50.00). As
grounds for the imposition of this penalty, the Department states the following:
1. The Department of Children and Families, State of Florida, has jurisdiction ; |
over Respondent by virtue of the provisions of §§ 402.301 ~ 402.319, Florida Statutes.
2. The Respondent, Global Education Center, Inc. d/b/a Bright Stars
Academy, is licensed to operate a childcare facility located at 5240 NW 8" Ave.,
Gainesville, Florida 32605 in compliance with Chapter 402, Florida Statutes (Fla. Stat.),
and Florida Administrative Code (F.A.C) Chapter 65C-22.
3. Sec. 402.3055, Fla. Stat., states in relevant part:
(1) REQUIREMENTS FOR CHILD CARE PERSONNEL.
(a) The department or local licensing agency shail require that the i
application for a child care license contain a question that specifically asks i
the applicant, owner, or operator if he or she has ever had a license i
denied, revoked, or suspended in any state or jurisdiction or has been the :
subject of a disciplinary action or been fined while employed in a child i
care facility. The applicant, owner, or operator shall attest to the accuracy |
of the information requested under penalty of perjury. If the applicant,
owner, or operator admits that he or she has been a party in such action,
the department or local licensing agency shall review the nature of the
suspension, revocation, disciplinary action, or fine before granting the
applicant a license to operate a child care facility. If the department or i
local licensing agency determines as the result of such review that it is not i
in the best interest of the state or local jurisdiction for the applicant to be :
licensed, a license shall not be granted.
(2) EXCLUSION FROM OWNING, OPERATING, OR BEING
EMPLOYED BY A CHILD CARE FACILITY OR OTHER CHILD CARE
PROGRAM; HEARINGS PROVIDED.
(a) The department or local licensing agency shall deny, suspend, or
revoke a license or pursue other remedies provided in s. 402.310, s.
402.312, or s. 402.319 in addition to or in lieu of denial, suspension, or
revocation for failure to comply with this section. The disciplinary actions
determination to be made by the department or the local licensing agency
and the procedure for hearing for applicants and licensees shall be in
accordance with s. 402.310.
4. Department staff has repeatedly informed the president of the Respondent,
Robert Richardson, that it will not license the Respondent if Eman Richardson acts as
the owner/corporate officer or operator/director of Bright Stars Academy.
5. Mr. Richardson forestalled a license denial in 2002 in Palm Beach County
by agreeing that Eman Richardson would have no responsibility for the day to day
operations and administration of the facility owned by their corporation, Little Stars
Learning Center, Inc. A copy of the Notice of Intent to Deny an Application dated April
146, 2002 and the letter confirming the agreement dated April 19, 2002 are attached and
incorporated herein as Exhibit “A”.
6. The Respondent's license applications dated September 13, 2007, March
5, 2008 and March 12, 2009, did not list Eman Richardson as either corporate
representative or director. The Department would have not licensed the Respondent if
Eman Richardson had been so listed. Copies of the 2007, 2008 and 2009 are attached
and incorporated herein as Exhibits “B”, “C” and “D,” respectively.
7. On the license application dated September 13, 2007, the Respondent's
president, Robert Richardson, attested that the owner, operator and director have not
ever had a license denied, revoked or suspended or been subject to disciplinary action.
This information is not correct because of the prior actions involving Mr. and Mrs.
Richardson and Little Stars Learning Center, Inc. described in paragraphs 5 and 9.
2
8. On October 30, 2009, Eman Richardson submitted a license application/
revision of existing license for Bright Stars Academy and listed herself as the credenti-
aled director, listing Robert Richardson as the corporate representative, and attesting
that the owner, operator and director have not ever had a license denied, revoked or
suspended or been subject to disciplinary action. This information is not correct
because of the prior actions involving Mr. and Mrs. Richardson and Little Stars Learning
Center, Inc. described in paragraphs 5 and 9. A copy of the application/revision of
existing license is attached and incorporated herein as Exhibit “E”.
9. OnNovember 16, 2004, Little Stars Learning Center, Inc.’s application for a
child care facility license was denied after four days of hearing for the reasons set forth
in the Order of the Board of County Commissioners of Palm Beach County Sitting as
the Child Care Facilities Board adopting the Recommended Order of Dennis Moore,
Chair of the Palm Beach County Child Care Advisory Counsel dated May 29, 2004.
Copies of the Order and Recommended Order are attached and incorporated herein as
Exhibit “F”. .
40. Until the events described below in paragraphs 13-15, the Respondent
misrepresented to the Department the role of Eman Richardson, stating that she was
not acting as operator or director of Bright Stars Academy.
41. Florida Administrative Code Rule 65C-22.001(1) states in relevant part:
(1) Application.
(a) Application for a license or for renewal of a license to operate a child
care facility must be made on CF-FSP Form 5017, August 2007, Application
for a License to Operate a Child Care Facility, which is incorporated by
reference. CF-FSP Form 5017 may be obtained from the licensing authority
or on the Department of Children and Family Services’ website at
www.myflorida.com/ childcare by clicking on the forms link.
(c) The completed CF-FSP Form 5017 must be signed by the individual
owner, or prospective owner, or the designated representative of a
partnership, association, or corporation.
12. Rule 65C-22.003(8)(a)4., F.A.C., states, “Child care facility owners must
notify the licensing authority within five (5) working days of when the facility loses a
credentialed director or when there is a change of director. The licensing authority will
then issue a provisional license for a period not to exceed six (6) months. The
provisional license will have an effective date of the first day the facility was without a
credentialed director.”
13. The Respondent's renewal application submitted March 12, 2009, lists
Sylvia Akridge as the director. Although Ms. Akridge was an employee of the
Respondent until September 11, 2009, she did not perform and was not allowed to
perform the duties of director at the facility. Eman Richardson performed and continues
to perform the duties of director, including without limitation, coordination with Early
Learning Coalition; dealing with parents; handling employee files, children’s enrollment
and records; completing all menus and staff work schedules; and hiring and firing of
staff.
14. Onor about October 14, 2009, Ms. Eman Richardson informed the
Department's licensing supervisor that Mrs: Akridge left on sick leave and she did not
"know when she was coming back. On Friday, October 16, Mrs. Richardson left a voice
message stating that she fired Mrs. Akridge because she did not know how to run the
center.
15. Sylvia Akridge informed the Department that she has not worked at
Respondent's facility since September 11, 2009. She has not been on medical leave,
but resigned her position because she was not allowed to perform the responsibilities
as director, and was placed by Ms. Richardson as a VPK teacher at the facility.
4
16. The Respondent's misrepresentation to the Department of the role of Eman
Richardson; Ms. Richardson’s acting in the capacity of owner/director; and the
Respondent's failure to disclose the prior disciplinary history of both Robert Richardson
and Eman Richardson with regard to Little Stars Learning Center, Inc. in Palm Beach
County are grounds to revoke the Respondent's license.
17. Rule 65C-22.002(7), F.A.C., states in relevant part:
(c) Fire drills shall be conducted monthly at various times when
children are in care. A current attendance record must accompany staff
out of the building during a drill or actual evacuation and be used to
account for all children.
(d) The operator shall maintain a written record of monthly fire drills
showing the date, number of children in attendance, and time taken to
evacuate the premises. Each monthly record shall be maintained for a
minimum of four (4) months from the date of the fire drill.
18. The Respondent is fined $50.00 for a second Class II violation within a two
year period of Rule 65C-22.001(7), F.A.C. During an inspection on July 7, 2009, the
Respondent failed to produce to the Department's counselor documentation that fire
drills had been conducted during the months of May and June 2009. The Respondent
was cited for the same violation during an inspection on March 2, 2009 (no
documentation of fire drills for January and February 2009).
49. The above referenced violations constitute grounds to levy this Civil Penalty
pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes at the above referenced
conduct of Respondent constitutes a violation of the minimum standards, rules and
regulations for the operation of a Child Care Facility.
20. Payment of this fine should be made by cashier’s check or money order
made payable to the Department of Children and Families and delivered to Department
of Children and Families/Child Care Licensing, 5920 Arlington Expressway, P.O. Box
2417, Jacksonville, FL 32231-0083 within thirty (30) days of receipt of this
administrative complaint.
21. You have the right to contest this Civil Penalty through an administrative
hearing pursuant to Chapter 120, Florida Statutes. To request an appeal hearing you
must submit a written request within 21 days of receipt of this Administrative Complaint.
To initiate this formal review process, a petition for formal hearing must be received by
the following individual within the twenty-one (21) day time frame:
Lucy Goddard-Teel
Assistant Regional Counsel
Department of Children & Families
1000 NE 16 Avenue, Bldg. J #3
Gainesville, FL. 32601
IF YOU DO NOT REQUEST A HEARING, YOUR RIGHT TO APPEAL THIS CIVIL
PENALTY WILL BE COMPLETELY BARRED.
22. Your request for an administrative hearing must conform to the require-
ments of F.A.C. Rules 28-106.101 and 28-106.301 and must state what issues and
material facts you dispute. According to those rules, the written request for hearing
must contain the following information: .
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 person whe is asking for
the hearing (the petitioner);
Cc. The name, address and telephone number of the petitioner's
representative, if any;
d. An explanation of how the petitioner's substantial interests are or will be
affected by the agency decision;
e. A statement of when and how the petitioner received notice of the agency
decision;
f. A statement that the petitioner does not dispute the facts upon which the
agency relied but that s/he wants to exercise the right to he heard anyway
OR a statement that the petitioner does dispute the facts upon which the
agency relied and a list of the facts in dispute;
g. Aconcise statement of the facts as the petitioner perceives them to be,
including the specific facts set out by the agency that the petitioner wants
the agency to reverse or change;
h. A statement of the specific rules or statutes that the petitioner believes
requires the agency to reverse or modify its decision; and
i. A statement specifying what action the petitioner wants the agency to take
in the matter.
Finally, in accordance with Chapter 120, Florida Statutes, all parties to this cause have
. the opportunity to respond, to present evidence and argument of all issues of involved,
to conduct cross-examination and submit evidence, to submit proposed findings of facts
and order, to file exceptions to any order of a hearing officer’s recommended order, and
to be represented by counsel (at your expense). In addition, you have the right to have
subpoenas and subpoenas duces tecum issued.
vepaeyien OF CHHQDREN
Family Safety Program Manager/ Northeast Region
Child Care Licensure
FAMILIES
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished to the licensee by U.S. Certified Mail # 7005 1820 0008 0152 2166 , Return
Receipt Requested, in accordance with ss. 120.69(8), Florida Statutes (2008), this Hf &
day of November, 2009.
tYyné
Pamela Buckham é
Safety Program Manager
Docket for Case No: 09-006813
Issue Date |
Proceedings |
Apr. 08, 2010 |
Order Closing File. CASE CLOSED.
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Apr. 08, 2010 |
Settlement Stipulation filed.
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Mar. 02, 2010 |
Notice of Appearance (filed by D.Tucker ).
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Mar. 01, 2010 |
Petitioner's Interrogatories to Respondents and Request for Production of Documents filed.
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Mar. 01, 2010 |
Petitioner's Notice of Serving Interrogatories and Request for Production of Documents to Respondents filed.
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Feb. 18, 2010 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for April 15 and 16, 2010; 10:00 a.m.; Gainesville, FL).
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Feb. 18, 2010 |
Motion for Continuance filed.
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Feb. 18, 2010 |
Notice of Appearance filed.
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Feb. 17, 2010 |
Notice of Intent to Request Official Recognition filed.
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Feb. 16, 2010 |
Petitioner's Witness List filed.
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Feb. 12, 2010 |
Notice of Taking Deposition (of E. Richardson) filed.
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Jan. 05, 2010 |
Order of Pre-hearing Instructions.
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Jan. 05, 2010 |
Notice of Hearing (hearing set for February 25 and 26, 2010; 10:00 a.m.; Gainesville, FL).
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Dec. 23, 2009 |
Joint Response to Initial Order filed.
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Dec. 16, 2009 |
Respondents Answer to the State of Florida Department of Chidren and Families Administrative Complaint filed.
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Dec. 16, 2009 |
Administrative Complaint filed.
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Dec. 16, 2009 |
Notice (of Agency referral) filed.
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Dec. 16, 2009 |
Initial Order.
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