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DEPARTMENT OF CHILDREN AND FAMILIES vs OSBORN FAMILY DAY CARE HOME, 18-003347 (2018)

Court: Division of Administrative Hearings, Florida Number: 18-003347 Visitors: 54
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: OSBORN FAMILY DAY CARE HOME
Judges: JAMES H. PETERSON, III
Agency: Department of Children and Family Services
Locations: Tallahassee, Florida
Filed: Jun. 29, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 24, 2018.

Latest Update: Dec. 23, 2024
DEPAR?, Ue, o* x % Rick Scott 2 2 @ o State of Florida Governor ¢ ¢ D ment of Children and Families % ) eparinant 3 dren and Mike Carroll o,f » Secretary MYFLFAMILIES.COM Revocation of Family Day Care Home Registration STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES June 5, 2018 Certified Mail # Return Receipt Requested To: Lori Osborn Osborn Family Day Care Home RO2LE0007 6644 Landover Circle Tallahassee, FL 32317 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department intends to revoke your family day care home registration located at. 6644 Landover Circle, Tallahassee, FL 32317 effective immediately. The Department's authority and grounds to impose this sanction are explained below. 1. Osborn Family Day Care Home is registered under chapter 402.313, Florida Statutes (F.S.), to operate a registered family day care home known as Osborn Family Day Care Home. 2. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction the Osborn Family Day Care Home for violations of child care standards in sections 402.301 — 402.319, Florida Statutes. The revocation of the registration is based on the fact that the operator does not reside at the address where the child care operation is located (see Exhibit 1). It is a misdemeanor of the first degree to operate or attempt to operate a family day care home without a license or without registering with the Department, pursuant to s. 402.319(1) (c) Florida Statutes. If the Department determines you are operating a family day care home without_a license _or_ registration, the Department_may petition the circuit_court_to issue an injunction against you under section 402.312, Florida Statutes, and may refer the matter to the State Attorney under section 402.319, Florida Statutes. RIGHT TO ADMINISTRATIVE PROCEEDING 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” Should you have any questions regarding this notification, please contact the Child Care Program Office at (850) 488-4900. Sincerely, Shelley Tinney, Operation and Management Consultant II Office of Child Care Regulation CC: Samantha Wass de Czege, Director, Office of Child Care Regulation Miatta Jalaber, Regional Safety Program Manager Angela Strumeyer, Licensing Supervisor Jason Kesterman, Regional Program Analyst Stephanie Camfield, Assistant General Counsel Enclosure: Notification of Rights Under Chapter 120, Florida Statutes 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 SECTIONS 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: Agency Clerk Department of Children and Families 1317 Winewood Bivd, Bldg. 2, Rm. 204 Tallahassee, FL 32399-0700 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TOA 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. At a 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 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 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.

Docket for Case No: 18-003347
Source:  Florida - Division of Administrative Hearings

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