STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RECOMMENDED ORDER

On March 14, 2008, a formal administrative hearing in this case was held in Lakeland, Florida, before William F. Quattlebaum, Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner: (No appearance)

For Respondent: Richard Cato, Esquire

Department of Children and Family Services

4720 Old Highway 37

Lakeland, Florida 33813-2030 STATEMENT OF THE ISSUE

The issue in the case is whether the application filed by the Petitioner for licensure to operate a family day care home should be approved.

PRELIMINARY STATEMENT

By certified letter dated August 31, 2007, the Department of Children and Family Services (Respondent) notified Ms. Evelyn Figueroa (Petitioner) that her application for licensure to operate a family day care home was denied. The Petitioner filed a request for hearing with the Respondent. The matter was originally scheduled for an informal hearing, but was subsequently referred to the Division of Administrative Hearings for a formal proceeding.

The Petitioner did not attend the hearing. The Respondent presented the testimony of two witnesses and had Exhibits 1 through 6 admitted into evidence.

No transcript of the hearing was filed. The Respondent filed a Proposed Recommended Order.

FINDINGS OF FACT

1. On December 11, 2006, the Petitioner filed an application with the Respondent for licensure to operate a family day care home.

2. The application included the following question:

   
   

   Has the owner/operator ever had a license denied, revoked, or suspended in any state or jurisdiction or been the subject of a disciplinary action or been fined while employed as a family day care home provider.

   
   

3. The application clearly stated that falsification of application information was grounds for denial of the license.

4. The Petitioner responded "no" to the question regarding whether a previous license had ever been denied, revoked or suspended.

5. The Petitioner's response to the question was false.

   
   

6. The Petitioner previously operated a licensed family day care home in Osceola County, Florida. The license was revoked in 2003 for the reasons set forth in a Notice of Revocation sent to the Respondent by certified mail dated August 6, 2003.

7. There is no evidence that the Respondent did not receive the Notice of Revocation.

8. The evidence is unclear as to the number of the revoked license number which appears as FO7OS0002 in the August 6, 2003, Notice of Revocation and as FO9OS0002 in the August 31, 2007, Notice of Denial at issue in this proceeding. Nonetheless, the evidence clearly establishes that the family day care home license held by the Petitioner in 2003 was revoked.

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of this proceeding. §§ 120.569 and 120.57(1), Fla. Stat. (2007).

10. The Petitioner has the burden of establishing entitlement to the licensure sought in this proceeding by a preponderance of the evidence. See Department of Banking &

    Finance, Division of Securities & Investor Protection v. Osborne Stern & Company, 670 So. 2d 932, 934 (Fla. 1966); Ferris v.

    Turlington, 510 So. 2d 292 (Fla. 1987); § 120.57(1)(j), Fla. Stat. (2007). Because the Petitioner did not attend the hearing and presented no evidence, the burden has not been met.

11. The evidence establishes that a prior license for a family day care home operated by the Petitioner had been revoked, that the Petitioner was notified of the revocation, and that the Petitioner failed to disclose the information on the application at issue in this proceeding.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner's application for licensure to operate a licensed family day care home be denied.

DONE AND ENTERED this 14th day of April, 2008, in Tallahassee, Leon County, Florida.

S

WILLIAM F. QUATTLEBAUM

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 14th day of April, 2008.

COPIES FURNISHED:

Richard Cato, Esquire Department of Children and

Family Services 4720 Old Highway 37

Lakeland, Florida 33813-2030

Evelyn Figueroa

Figueroa Family Day Care Home 610 Gazelle Drive

Poinciana, Florida 34759

Gregory Venz, Agency Clerk Department of Children and

Family Services Building 2, Room 204B 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

John Copelan, General Counsel Department of Children and

Family Services Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Robert Butterworth, Secretary Department of Children and

Family Services Building 1, Room 202

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 08-000209

Orders for Case No: 08-000209