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DEPARTMENT OF CHILDREN AND FAMILIES vs AGAPE INVESTMENT GROUP, INC., D/B/A AGAPE CHILDCARE AND FAMILY SERVICES, 13-004127 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-004127 Visitors: 8
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: Oct. 18, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 20, 2014.

Latest Update: Jun. 09, 2024
From: Operator Jessup Fax: (386) 628-0295 To: Fax: +1 (850) 922-3947 Page 5 of 8 10/2/2013 3:04 4 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Agape Investment Group Inc Certified Mail: 7012 3050 0002 0680 7779 d/b/a Agape Childcare and Family Semvices Return Recelpt Requested 642688 US Highway 4 Gallahan, FL 32011 YOU ARE.HEREBY NOTIFIED.the Department has imposed a Civil Penalty in'the amount of One Hundred Fifty Dollars ($160.00) and REVOCATION OF THE CHILD CARE LICENSE. The Dapartment's authority and grounds to impoge this sanction are explained below: 1. The Department of Children ahd Familias is authorized by ‘section 402.310, Florida Statutes, to sanction Agape Investment Group Inc d/b/a Agapa 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. Agapa Investment Group Ing Is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florids Administrative Code} to operate a child care facility known as Agape Childcare and Family Services License #CO4NA0043)located at 42588 US Highway 1, Callahan, FL 32041. The facility license is currently a REGULAR License. Violation 4 3. During a Routine Inspection cpnducted on August 8, 2073 DCF Licensing Counselor Tracey Flanders, observed: There waa evidence of rodent or vermin Infestation observed. Counselor observed a roach In the blue garbage can in the kitchen and inside of a light fixture in the preschool bathroom. Too ¥¥d Ga:ST CT0Z/0%/60 EE From: Operator Jessup Fax: (386) 628-0295 To: Fax: +1 (850) 922-3947 Page 6 of 8 10/2/2013 3:04 4 4. The foregoing facts violate Florida Administrative Code 66C-22.002(1)(a) which states: All child care facilities must be clean, in good repair, free from health and safety hazards and fram vermin Infestation, 5. The violation described above is Clase II violation of child care licensing standards, It Is the facllity’s ninth (9") Class ill violation of Child Gare Facility Standards Classifications Summary #14 Facility. Environment within a two-year period. The same violation was previously cited on April 5, 2072, April 20, 2012 and May 14, 2012 all resulting in technical assistance. The facility was cited again on May 24, 2012 violation resulting in an Administrative Complaint for Thirty Dollars ($30.00) par day for one (1) day and again on August 9, 2012 with an Administrative Complaint of Forty Dotlars ($40.00) par day for one (4) day and placing the child care license on PROBATIONARY status and again on October 8, 2012 resulting in an Administrative Complaint for Fifty Dollars ($50.00) per day for one (1) day and SUSPENSION of the child care li¢anse for thres (3) business days and again on October 30, 2012 resulting in an Administrative Complaint of Fifty Dollars ($50.00) per day for ane (1) day and REVOCATION of the child care license and January 15, 2013 for the elghth (8) violation is One Hundred Dollars ($100.00) per day for one (1) day and REVOGATION of the child care license. The fine imposed for this ninth (8") violation ia Fifty. Dollars ($60.00) per day for one (1) day and Violation 2 6. During a Routine Inspection conducted on August 6, 2013 DCF Licensing Counselor Tracey Flanders, observed; A cleaning supply was accessible to children. Counselor observed bleach, raid, hydro peroxide and lemon scrub under an unlocked cablhet In the Infant bathroom. Counselor also observed 4 bottle of blaach water in the infant room fathroom that wae not labeled. z00R) Yva OCsST €T02/02/80 From: Operator Jessup Fax: (386) 628-0285 To: Fax: +1 (850) 922-3947 Page 7 of 8 10/2/2013 3:04 * 7. The foregoing facts violate Florida Administrative Code 68C-22.002(1)(d)(f) which states: All areas and eurfaces accessible td children shall be free from toxic substances and hazardous materials. (f) All potentially harmful items Including cleaning supplies, flammable products, poisonous, toxle, and hazardous materials must be fabeled. These items, Including knives, sharp tools, and other potentially dangerous hazards, shall either be stored ina locked area or must be inaccessible and out of a child’s reach. 8. The violation described above Is 4 Glass fl violation of child care licensing standards. It is the facility's sacond (2) Class Hl violation of Child Care Facility Standards Claasifications Summary #165 Toxic Substances and Hazardous Materials within a two-year period. The same violation was technical assistance and administrative waming. The fine 0.60). previously cited on March 6, 2013 resulting imposed for this violation is Fifty Dollars ($ Violation 3 : ; 9. During a Routine Inspection nducted on August 8, 2013 per Licensing Counselor Tracey Fisndors, abserved: Counselor observed that the multi-colored Jungle gym on the amall playground was cracked and requested the broken swing be moved preschool playground. — 10. The -foregoing facts violate Flprida Administrative Code 66C-22.002(9){b)(1-2) (which atatea: A child care facility shell provide an Maintain equipment and play activities suitable to. each child's age and development. All playground equipment shall be securely anchored, unless portable or stationary by design, in good repair, maintained in safe condition, and placed to ensure safe usaga by the children, Maintenance shall include chedks at least every other month, of all supports above and below the ground and all connectors, and mpving parts. coo Yd OCS st €TOG/0z/60 From: Operator Jessup Fax: (386) 628-0295 To: Fax: +1 (850) 922-3947 Page 8 of 8 10/2/2013 3:04 Please note that a request for an administrative hearing must comply with saction 120. -668(2}{c), Florida Statutes, and Rules 28-106,201(2), Florida ‘Administrative Coda. Those provisions require a petition for administrative hearing to Include: (a) The name and address of each agency affected and.each agency's fila of Identification number, # known: (b) Tha name, address, and telephone numbar-of the petitioner; the fame, address, and lalaphona Humber of the petitioner's 11, The violatlon described above Is # Claas Il violation of child care Icansing standards. {tls the facitity’s second (2) Class I! Violation #f Child Gare Facility Standards Classifications Summary #40 Qutdoor: Equipment wilhin.a two-year period. The. aame violation was previously cited on April 5, 2012 rasuiting | In technical atsistance and sinistral warming, ‘The fine imposed for this violation Is Fifty Dollars ($60.00), If you do nat wish to contest the findings of this adminiatralive complaint, please submit a cashlar’s chack or money onfer mada payable to ‘Care Reguirtion Office, 6920 Arlingfon Expressway, P.O. Box 2417, Jacksonville, FL 32234 Florida Department of Children and Familles, Child Hf you wish to contest the findings of thls 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.CONTESI 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 THEI21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING, - You may submit your request for an adminietralive heating to the Department at the following addresses: Oavid Tucker Gregory D. Venz, Agency Clark Chief Legal Counsel Department of Chikdren & Femilles Department of Children & Families Office of the General Counssi P.O. Box 2417 1323 Winewood Bivd., Bldg. 4, Suite 407 Jacksonville, FL, 92231-0083 Tallahessee, FL 32301 r00B Twa Te:sT etoz-oz/00

Docket for Case No: 13-004127
Issue Date Proceedings
Mar. 24, 2015 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits lettered A-F to Petitioner.
Oct. 20, 2014 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 16, 2014 Petitioner's Response to Order to Show Cause filed.
Oct. 07, 2014 Order to Show Cause.
Jul. 24, 2014 Amended Order Cancelling Final Hearing and Placing Case in Abeyance (parties to advise status by November 21, 2014).
Jul. 24, 2014 Order Canceling Final Hearing and Placing Case in Abeyance (parties to advise status by November 21, 2014).
Jul. 22, 2014 Order to Show Cause.
Jul. 21, 2014 Petitioner's Motion to Abate Proceedings Pending Resolution of Appeal in DOAH Case 13-1686 filed.
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).
Jul. 18, 2014 (Petitoner's) Notice of Filing Correct Adminsitrative Complaint (filed in Case No. 14-002797).
Jul. 03, 2014 Notice of Transfer.
Jun. 19, 2014 Order of Consolidation (DOAH Case Nos. 14-2797).
Jun. 10, 2014 Order Re-scheduling Hearing by Video Teleconference (hearing set for July 25, 2014; 9:30 a.m.; Jacksonville, FL).
Jun. 10, 2014 Notice of Transfer.
Jun. 09, 2014 Order Granting Motion to Withdraw.
Jun. 06, 2014 Status Report filed.
May 30, 2014 Amended Unopposed Motion to Withdraw as Respondent's Qualified Representative filed.
May 30, 2014 Unopposed Motion to Withdraw as Respondent's Qualified Representative filed.
May 07, 2014 Order Canceling Hearing (parties to advise status by June 6, 2014).
May 07, 2014 (Respondent's) Unopposed Motion to Cancel Final Hearing Pending New Case Being Filed filed.
Apr. 18, 2014 Order of Consolidation (DOAH Case Nos. 14-1477).
Apr. 02, 2014 Notice of Taking Deposition (of Michael Blanc; filed in Case No. 13-004127).
Mar. 19, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 22, 2014; 9:30 a.m.; Jacksonville, FL).
Mar. 17, 2014 Joint Motion to Reschedule Hearing (filed in Case No. 13-004127).
Mar. 07, 2014 Notice of Taking of Deposition (of Michael Blanc; filed in Case No. 13-004127).
Mar. 05, 2014 (Petitioner's) Amended Notice of Unavailability (filed in Case No. 13-004127).
Mar. 05, 2014 (Respondent's) Notice of Unavailability (filed in Case No. 13-004127).
Jan. 08, 2014 Petitioner's First Set of Interrogatories to Respondent filed.
Jan. 08, 2014 Petitioner's Certificate of Filing First Set of Interrogatories filed.
Jan. 06, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 26, 2014; 9:30 a.m.; Jacksonville, FL).
Jan. 03, 2014 Unopposed Motion for Continuance (filed in Case No. 13-004127).
Nov. 07, 2013 Order Re-scheduling Hearing by Video Teleconference (hearing set for January 15, 2014; 9:30 a.m.; Jacksonville, FL).
Nov. 07, 2013 Order of Consolidation (DOAH Case Nos. 13-2520 and 13-4127).
Nov. 06, 2013 Order Accepting Qualified Representative.
Oct. 30, 2013 Unopposed Motion for Jamison Jessup to Serve as Qualified Representative for Respondent filed.
Oct. 25, 2013 Joint Response to Initial Order filed.
Oct. 18, 2013 Initial Order.
Oct. 18, 2013 Administrative Complaint filed.
Oct. 18, 2013 Petition to Request Administrative Hearing filed.
Oct. 18, 2013 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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