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DEPARTMENT OF CHILDREN AND FAMILIES vs AGAPE INVESTMENT GROUP, INC., D/B/A AGAPE CHILDCARE AND FAMILY SERVICES, 14-001477 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-001477 Visitors: 7
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: Apr. 01, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 20, 2014.

Latest Update: Jul. 07, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Agape investment Group Inc Certified Mail: 7012 3050 0002 0680 7946 d/b/a Agape Childcare and Family Services Return Receipt Requested 542588 US Highway 1 Callahan, FL 32011 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of 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 Agape Investment Group Inc d/b/a Agape 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. Agape Investment Group Inc is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Agape Childcare and Family Services License #CO4NA0043 located at 542588 US Highway 1, Callahan, FL 32011. The facility license is currently REVOCATION ACTION PENDING. 3, During a Routine Inspection conducted on January 8, 2014 DCF Licensing Counselor Tracey Flanders, observed: One (1) staff member was supervising five (5) children, age infant to two (2) years old in the infant room. 4. The foregoing facts violate Florida Administrative Code 65C-22.001(4)(a)(b}{1) which states: The staff-to-child ratio, as established in Section 402.305(4), F.S., is based on primary responsibility for 1 Lod S1EE6Z8706 JdVOV WY 6€:01 PLOZ ‘0% Aeniqay ‘Aepsinyy the direct supervision of children, and applies at all times while children are in care. In groups of mixed age ranges, where children under one year of age are included, one staff member shall be responsible for no more than four children of any age group, at all times. 5. The violation described above is a Class II violation of child care licensing standards. It is the facllity's elghth (8) Class It violation of Child Care Facility Standards Classifications Summary #4 Ratio Sufficient within a two-year period. The same violation was previously cited on April 20, 2012 and resulted in technical assistance, also on May 14, 2012 (fined $50), August 9, 2012 (fined $60 per day for one (1) day), October 9, 2012 (fined $75 per day for one (1) day) and the license was placed on Probationary status, October 30, 2012 (fined $100 per day for one (1) day). The fine imposed for this violation is One Hundred Dollars ($100.00) per day for one (1) day and REVOCATION OF THE CHILD CARE LICENSE. \f you do not wish to contest the findings of this administrative complaint, please submit s_cashicr's check or money order made payable to the Florida Department of Children and Families, Child Care Rogulation Office, 5920 Arlington Expressway, P.O, Box 2417, Jacksonville, FL 32231 If you wish to contest the findings of this 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 CONTEST 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 THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING. zod BL e€628P06 SdvOv WY 66:01 pb0z ‘Oz Aeniqey ‘Aepsunuyy DT You may submit your request for an administrative hearing to the Department at the following addresses: David Tucker Gregory D. Venz, Agency Clerk Chief Legal Counsel Department of Children & Families Department of Children & Families Office of the General Counsel P. O. Box 2417 1323 Winewood Bivd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL 32301 Please note that a request for an administrative hearing must comply with section 120.569(2)(c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions require a petition for administrative hearing to include: (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 petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; (c) An explanation of how the petitioner's substantial interests will be affected by the agency determination; (d) Astatement of when and how the petitioner received notice of the agency decision; (e) Astatement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) Acconcise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (g) Astatement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts 3 cod SLEE6Z8P06 AdVOV WY 6:01 740% ‘oz Aienigag ‘Aepsiny; relate to the specific rules or statutes; and (h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with reapect to the agency's proposed action. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require a petition to be dismissed if itis not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, may be available 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 does not result in a settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no. 7012 3050 0002 0680 7846 to Agape Investment Group Inc d/b/a Agape Childcare and Family Services, 542588 US Highway 1, Callahan, FL 32011 this ay of February 2014. Safety Program Manager vod B1EE628706 SdVOV WY 66:01 Ph0z ‘0 Aenugey ‘Aepsuny, PE

Docket for Case No: 14-001477
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. 11, 2014 CASE STATUS: Status Conference Held.
Apr. 09, 2014 Order Accepting Qualified Representative.
Apr. 08, 2014 Motion to be Recongized as Respondent's Qualified Representative filed.
Apr. 04, 2014 Joint Response to Initial Order filed.
Apr. 01, 2014 Initial Order.
Apr. 01, 2014 Petition for Relief, Request for Administrative Hearing and Recognition as Petitioner's Qualified Representative filed.
Apr. 01, 2014 Administrative Complaint filed.
Apr. 01, 2014 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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