Petitioner: GARY BURFORD
Respondent: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Judges: WILLIAM R. CAVE
Agency: Department of Children and Family Services
Locations: Lakeland, Florida
Filed: Sep. 24, 1998
Status: Closed
Recommended Order on Monday, July 26, 1999.
Latest Update: Jan. 26, 2000
Summary: Did Respondent violate Section 409.175(8)(b)1, Florida Statutes, or Rule 65C-13.011(d) and (f)1, Florida Administrative Code, and, if so, should Respondent's license as a foster home be revoked?There was sufficient evidence to show a violation of Rule 65C-13.011(13)(d)(f), Florida Administrative Code. However, the circumstances required mitigating the penalty.
Order.PDFSTATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SE
GARY BURFORD,
Petitioner, CASE NO. 98-4169
RENDITION NO. DCF-99-038-FO
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES,
Respondent.
/
FINAL ORDER
THIS CAUSE is before me for entry of a Final Order.
Although the department has been denominated as petitioner and bears the burden of proof, Gary Burford petitioned for hearing in this proceeding and is therefore, the petitioner. All pleadings and papers are hereby amended to reflect the appropriate style of this cause.
The Recommended Order concluded that petitioner failed to comply with minimum standards set forth in chapter 65C-13, Florida Administrative Code, relating to sleeping in the same bed as two foster children in his care. The administrative law judge (ALJ), recommended, however, that the department suspend petitioner's foster care license for one year rather than revoke the license with the suspension stayed. Although concurring with the ALJ's conclusions regarding violation of the applicable minimum standards and recommendation of one-year suspension, I reject the recommendation that the suspension should be stayed.
No exceptions to the Recommended Order have been filed.
The Recommended Order is approved and adopted with the exception that a stay for the one-year suspension is denied.
Accordingly, it is ORDERED that petitioner's foster care license is suspended for one year effective the date of this order and petitioner may reapply for a foster care license at the conclusion of the period of suspension.
DONE and ORDERED this 18th day of January, 2000, in Tallahassee, Leon County, Florida.
JUDGE MATELEEN A. KEARNEY, Secretary
Department of Children and Family Services
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF TEE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND A SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN TEE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH TEE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
Copies furnished to:
William R. Cave Administrative Law Judge
Division of Administrative Hearings 1230 Apalachee Parkway
Tallahassee, FL 32399-3060
Jack B. Farley, Esquire District 14 Legal Office Department of Children end Family Services
4720 Old Hwy. 37
Lakeland, FL 33813-2030
Thomas D. Wilson, Esquire Law Office of Gregory Ruster 1525 South Florida Avenue Suite 3
Lakeland, FL 33803
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing FINAL ORDER has been sent by U. S. Mail or hand delivery to each of the above-named persons this 25, day of January, 1999.
Samue1 C. Chavers Acting Agency Clerk
Department of Children and Family Services
1323 Winewood Blvd.
Tallahassee, FL 32399-0700
(850) 488-2381
Docket for Case No: 98-004169
| Issue Date |
Proceedings |
|
Jan. 26, 2000 |
Final Order filed.
|
|
Jul. 26, 1999 |
Recommended Order sent out. CASE CLOSED. Hearing held 4/27/99.
|
|
Jun. 07, 1999 |
Petitioner`s Proposed Recommended Order w/cover sheet (filed via facsimile). |
|
Jun. 04, 1999 |
Petitioner`s Proposed Recommended Order (filed via facsimile). |
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Jun. 04, 1999 |
Department`s Proposed Recommended Order (filed via facsimile). |
|
May 26, 1999 |
Order Extending Time for Filing Proposed Recommended Order sent out. (time is extended until 6/4/99) |
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May 25, 1999 |
Department`s Motion for Extension of Time (filed via facsimile). |
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May 13, 1999 |
Transcript of Proceedings (1 volume, Tagged) filed. |
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Apr. 27, 1999 |
CASE STATUS: Hearing Held. |
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Mar. 31, 1999 |
Department`s Notice of Taking Deposition filed. |
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Feb. 18, 1999 |
Order of Continuance and Rescheduling Hearing sent out. (3/2/99 hearing reset for 4/27/99; 9:00am; Lakeland) |
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Feb. 18, 1999 |
Prehearing Order sent out. |
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Feb. 16, 1999 |
(Petitioner) Motion for Continuance (filed via facsimile). |
|
Nov. 18, 1998 |
(T. Wilson) Notice of Appearance filed. |
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Nov. 17, 1998 |
Order Granting Continuance and Rescheduling Hearing sent out. (hearing set for 3/2/99; 9:00am; Lakeland) |
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Nov. 12, 1998 |
(Petitioner) Motion for Continuance filed. |
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Oct. 19, 1998 |
Notice of Hearing sent out. (hearing set for 12/29/98; 1:00pm; Lakeland) |
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Oct. 05, 1998 |
Joint Response to Initial Order filed. |
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Oct. 01, 1998 |
Amended Notice filed. (Re: Correcting Address of Petitioner) |
|
Sep. 29, 1998 |
Initial Order issued. |
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Sep. 24, 1998 |
Notice; Request for A Hearing, letter form; Agency Action Letter filed. |
Orders for Case No: 98-004169
| Issue Date |
Document |
Summary |
|
Jan. 25, 2000 |
Agency Final Order
|
|
|
Jul. 26, 1999 |
Recommended Order
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There was sufficient evidence to show a violation of Rule 65C-13.011(13)(d)(f), Florida Administrative Code. However, the circumstances required mitigating the penalty.
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