Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: CHILDREN OF LIGHT ACADEMY, INC.
Judges: LINZIE F. BOGAN
Agency: Department of Children and Family Services
Locations: New Port Richey, Florida
Filed: Apr. 18, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 27, 2016.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Children of Light Academy, Inc. Certified Mail Return
6140 Perrine Ranch Road Receipt No.
New Port Richey, Florida 34655 7015 0640 0001 0004 2026
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department is imposing a Four
Thousand Four Hundred Forty Dollars ($4,440.00) Administrative Fine. 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 Children of Light Academy, Inc., for
violations of child care licensing standards in sections 402.301 — 402.319, Florida
Statues, and Chapter 65C-22, Florida Administrative Code.
2. Children of Light Academy, Inc., is licensed under section 402,
Florida Statues, and Chapter 65C-22, Florida Administrative Code, to operate a
child care facility known as Children of Light Academy, at 6140 Perrine Ranch
Road, New Port Richey, Florida 34655. The facility license was issued Certificate
of License #CO6PA0264 which is currently a regular license.
3. During a routine inspection on December 4, 2015, the facility was
found to be in violation of Child Care Licensing Standard #60, Background
Screening (Missing Level 2 Screen Documentation). The licensing counselor
reviewed the files for all eight of the child care personnel at the facility. The files
for two child care personnel, G.F. (date of hire 09-11-15) and D.B. (date of hire
10-10-2015) were missing documentation of the required Level 2 screening.
G.F. was working with children from the date of hire, September 11, 2015,
through December 17, 2015. D.B. was working with children from the date of
hire, October 10, 2015, through December 4, 2015.
4. The acts and practices described in paragraph 3 above are
violations of Section 402.305(2)(a), Florida Statutes, which states in part:
(2) PERSONNEL.—Minimum standards for child care personnel
shall include minimum requirements as to:
(a) Good moral character based upon screening. This screening
shall be conducted as provided in chapter 435, using the level 2
standards for screening set forth in that chapter.
NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES
IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY
REQUEST AN ADMINISTRATIVE HEARING UNDER SECTION 120.569 AND
120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR
REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY
THE DEPARTMENT BY 5:00 P.M., NO LATER THAN 21 CALENDAR DAYS
AFTER YOU RECEIVED THE DEPARTMENT'S ADMINISTRATIVE
COMPLAINT.
You must submit your request for an administrative hearing to the Department at
the following addresses:
Department of Children and Families
Legal Counsel (Attention: Shane DeBoard)
9393 N. Florida Ave. Suite 900
Tampa, FL 33612
Department of Children and Families
Agency Clerk (Attention: Paul Sexton)
Office of General Counsel
1317 Winewood Blvd
Building 2, Room 204
Tallahassee, FL 32399
IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED
BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE
WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT’S
PROPOSED ACTION WILL BE FINAL. ANY DENIAL, SUSPENSION,
REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR
REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER
EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT AND ANY
PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS
THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE
COMPLAINT.
If you disagree with the facts stated in the Department's administrative complaint,
you may request a formal administrative hearing under section 120.57(1), Florida
Statutes. Ata formal hearing, you may present evidence and arguments on all
issues involved, and question the witnesses called by the Department. You have
the right to be represented by counsel or other qualified representative.
If you do not disagree with the facts stated in the Department's administrative
complaint, you may request an informal administrative hearing under section
120.57(2), Florida Statutes. At an informal hearing, you may present your
5
argument or a written statement for consideration by the Department. You have
the right to be represented by counsel or other qualified representative.
Your request for an administrative hearing must meet the requirements of Rule
28-106.2015(5), Florida Administrative Code, must be prepared legibly on 8 % by
11 inch white paper, and include all of the following items:
(a) Your name, address, email address (if any) and telephone number.
(b) The name, address, email address (if any) and telephone number of
your attorney or qualified representative, if any.
(c) A statement requesting an administrative hearing.
(d) A statement of all facts in the administrative complaint with which you
disagree. If you do not disagree with any of the facts stated in the
administrative complaint, you must say so.
(e) A statement of when and how you received the administrative
complaint.
(f) A statement identifying the file number of the administrative complaint,
if shown on the administrative complaint.
Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative
Code, require the Department to dismiss your request for hearing if it is not in
substantial compliance with the requirements above.
Mediation as described in section 120.573, Florida Statutes, is not available.
However, other forms of mediation or informal dispute resolution may be
available after a timely request for an administrative hearing has been received, 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 or informal
dispute resolution does not result in a settlement.
March 16, 2016
Paul Sexton
Agency Clerk
Department of Children and Families
1317 Winewood Blvd
Building 2, Room 204
Taliahassee, Florida 32399
Dear Mr. Sexton:
tam requesting on behalf of Children of Light Academy, Inc. an administrative hearing.
In accordance with rule 28-106.2015(5) we provide the following information.
e Abeer imseis, Director, Children of Light Academy, 6140 Perrine Ranch Road,
New Port Richey Florida 34655 cola@colacademy.org, 727-940-5361, 727-254-
3640 (cell)
e Philip J. Lipten, Esquire, 4858 Brenda Dr. Orlando, Florida 32812, 407-927-8256,
866-593-6537 (fax)
e Weare requesting a formal Administrative Hearing under section 120.57(1)
Florida Statutes.
e Material facts that are in dispute:
The events on the Inspection Reports (11/3/14, 2/27/15, 12/4/15) referenced in the
Administrative Complaint do not rise to the level of a Class I! violation.
The employees referenced in the Administrative Complaint were screened.
Because of this, there is not the third violation of a Class !! violation in two years as
alleged in the Administrative Complaint, and the center has not been in violation of
the licensing standard for a total or 74 days as referenced in the Administrative
Complaint.
e The Administrative Complaint was received by Certified Mail (7015 0640 0001
0004 2026) on Friday February 26, 2016.
e There was not a file number shown on the Administrative Complaint.
Respectfully Submitted
Philip J. Liptery, Esq.
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of the foregoing has been delivered by
Fedex Overnight to the Department of Children and Families, Shane DeBoard, Legal
Counsel, 9393 N. Florida Ave, Suite 900, Tampa, Florida 33612; and Department of
Children and Families, Paul Sexton, Agency Clerk, 1317 Winewood Blvd., Building 2,
Room 204, Tallahassee, FL 32399; this 16th day of March, 2016.
Docket for Case No: 16-002077
Issue Date |
Proceedings |
Jun. 27, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jun. 06, 2016 |
Order Granting Continuance (parties to advise status by June 20, 2016).
|
Jun. 03, 2016 |
Joint Motion for Continuance filed.
|
Apr. 28, 2016 |
Order of Pre-hearing Instructions.
|
Apr. 28, 2016 |
Notice of Hearing (hearing set for June 16, 2016; 9:00 a.m.; New Port Richey, FL).
|
Apr. 26, 2016 |
Joint Response to Initial Order filed.
|
Apr. 19, 2016 |
Administrative Complaint filed.
|
Apr. 19, 2016 |
Initial Order.
|
Apr. 18, 2016 |
Administrative Complaint filed.
|
Apr. 18, 2016 |
Request for Administrative Hearing filed.
|
Apr. 18, 2016 |
Notice (of Agency referral) filed.
|