STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Agape Investment Group Inc Certified Mail: 7012 3460 00023963 5359 dibia 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 Eight Hundred Thirty Dollars ($830.00) and REVOCATION OF THE CHILD CARE LICENSE. The 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 PENDING REVOCATION. Violation #1 3. During a Routine Inspection conducted on April 23, 2014 DCF Licensing Counselor Tracey Flanders, observed: The play equipment was not safe for the children to use in that the play equipment cited during the last inspection (The multi colored walker, the red riding car, the white truck and yellow/blue push along toy) are still dirty and need to be cleaned. 4. The foregoing facts violate Florida Administrative Code 65C-22.002(11)(b)(1-5) which states: A child care facility shall provide and maintain equipment, and play activities suitable to each child’s age and development. 2. 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 usage by the children. Maintenance shall include inspections, at least every other month, of all supports above and below the ground, and all connectors and moving parts. Documentation of maintenance inspections shall be retained for one year. 3. Permanent or stationary playground equipment must have a ground cover or other protective surface under the equipment that provides resilience, and is maintained to reduce the incidence of injuries to children in the event of falls. 4. All equipment, fences, and objects on the facility's premises shall be free from sharp, broken and jagged edges, and properly placed to prevent overcrowding or safety hazards in any one area. 5. All equipment used in the outdoor play area shall be constructed and maintained to allow for water drainage, and must be maintained in a safe and sanitary condition. 5. The violation described above is a Class Il violation of child care licensing standards. It is the facility's third (3) Class II violation of Child Care Facility Standards Classifications Summary #40 Outdoor Equipment within a two-year period. The same violation was cited on August 9, 2012 resulting in technical support and an administrative warning and on March 20, 2014 they were fined $50.00. The fine imposed for this violation is Three Hundred Dollars ($300.00) at $60 per day for five (5) days from April 23, 2014 until April 29, 2013. Violation #2 6. During a Routine Inspection conducted on April 23, 2014 DCF Licensing Counselor Tracey Flanders, observed: An area of the facility was observed to not be in good repair. Counselor observed a broken paper towel holder with a protruding and exposed nail in the toddler bathroom. 2 7. The foregoing facts violate Florida Administrative Code 65C-22.002(1}(a) which states: All child care facilities must be clean, in good repair, free from health and safety hazards and from vermin infestation. 8. The violation described above is a Class Ill violation of child care licensing standards. It is the facility's sixth (6") Class III violation of Child Care Facility Standards Classifications Summary #14 Facility Environment within a two-year period. The same violation was cited on August 8, 2013 resulting in technical support on October 3, 2013 they received an administrative warning, on January 8, 2014 they were fined Twenty-Five Dollars $25.00 and on February 12, 2014 they were fined $360.00 at $30.00 per day for 12 days (from February 12, 2014 until February 28, 2014) and on March 20, 2014 they were fined $200.00 at $40.00 per day for 5 days( from March 20, 2014 until March 27, 2014). The fine imposed for this violation is Two Hundred Fifty Dollars ($250.00) at $50.00 per day for 5 days from April 23, 2014 until April 29, 2014 and REVOCATION OF THE CHILD CARE LICENSE. Violation #3 9. During a Routine Inspection conducted on April 23, 2014 DCF Licensing Counselor Tracey Flanders, determined that: The personnel record did not include a signed CF-FSP 5337 Child Abuse and Neglect Reporting Requirements form for two (2) staff members Tammy H. and Tausha. H. 10. The foregoing facts violate Florida Administrative Code 65C-22.006(4)(c) which states: CF-FSP Form 5337, March 2009, Child Abuse & Neglect Reporting Requirements, which is incorporated by reference, must be signed annually by all child care personnel. 11. The violation described above is a Class III violation of child care licensing standards. It is the facility's fourth (4"°) Class Ill violation of Child Care Facility Standards Classifications Summary #59 Personnel Records, within a two-year period. The same violation was previously cited on May 14, 2012 which resulted in technical assistance and on April 17, 2013 they received an administrative warning and on March 20, 2014 they were fined $25.00. The fine imposed for this violation is One Hundred Eighty Dollars ($180.00) at $30.00 per day for six (6) days from April 23, 2014 until April 30, 2014. Violation #4 12. During a Routine Inspection conducted on April 29, 2014 DCF Licensing Counselor Tracey Flanders, observed: One (1) staff member was supervising fourteen (14) children between the ages of one (1) to four (4) years old during nap time. A ratio of one (1) staff for six (6) children is required when one (1) year old children are inctuded in the group. 13. The foregoing facts violate Florida Administrative Code 65C-22.001(4)(a)(b)(2) which states: The staff-to-child ratio, as established in Section 402.305(4), F.S., is based on primary responsibility for the direct supervision of children, and applies at all times while children are in care. In groups of mixed age ranges, where children one year of age but under two years of age are included, one staff member shall be responsible for no more than six children of any age group, at all times. 14. The violation described above is a Class II violation of child care licensing standards. It is the facility's ninth (9) Class Il violation of Child Care Facility Standards Classifications Summary #4 Ratio Sufficient within a two-year period. The same violation has previously been cited on numerous occasions and is currently under appeal. The fine imposed for this ninth violation is One Hundred Dollars ($100.00) per day for one (1) day and REVOCATION OF THE CHILD CARE LICENSE, 4 If you do not wish to contest the findings of this administrative complaint, please submit a cashier’s check or money order made payable to the Florida Department of Children and Families, Child Care Regulation 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 INERROR, 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. 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 Chitdren & 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) A statement of when and how the petitioner received notice of the agency decision; (e) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) Aconcise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action; (g) A statement 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 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 respect 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 it is 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 3460 0002 3963 5359 to Agape Investment Group Inc d/b/a Agape Childcare and Family Services, 542588 US Highway 1, Callahan, FL 32011 this 14 fiday of May 2014. Pamela Buckham Safety Program Manager

Docket for Case No: 14-002797