STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHEENA CASON,

Petitioner,

vs.

DEPARTMENT OF CHILDREN AND FAMILIES,

Respondent.

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) Case No. 11-6470

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RECOMMENDED ORDER OF DISMISSAL

A hearing was held pursuant to notice, on February 23, 2012, via video teleconference with sites in Jacksonville and Tallahassee, Florida, before the Division of Administrative Hearings by its designated Administrative Law Judge, Barbara J. Staros.

APPEARANCES

For Petitioner: Sheena Cason

3333 Monument Road, No. 904

Jacksonville, Florida 32225

For Respondent: David Gregory Tucker, Esquire

Department of Children and Families 5920 Arlington Expressway

Jacksonville, Florida 32231 STATEMENT OF THE ISSUE

Whether Petitioner should be granted a Family Day Care Home license.

PRELIMINARY STATEMENT

Because of the procedural nature of the findings in this case, the matters normally contained in the Preliminary Statement are reflected in the Findings of Fact below.

FINDINGS OF FACT

1. By letter dated October 27, 2011, Respondent, the Department of Children and Families (DCF) denied the application of Petitioner, Sheena Cason, for a Family Day Care Home license. Petitioner filed a request for an administrative hearing to contest the denial.

2. DCF transmitted the case to the Division of Administrative Hearings (Division) on or about December 21, 2011, for the purpose of conducting a formal administrative hearing. A Notice of Hearing and Order of Pre-Hearing Instructions were issued on January 3, 2012, setting the case for hearing on February 23, 2012, via video teleconference.

3. The hearing commenced 30 minutes past the scheduled start time because the court reporter arrived late. However, at the commencement of the hearing, there was no appearance made by the Petitioner or by anyone on her behalf.

4. The undersigned inquired of her office as to whether any telephone communication had occurred by Petitioner to indicate why she was not appearing at the hearing, and it had not.

   
   

5. The undersigned adjourned the hearing.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. §§ 120.569 and 120.57, Fla. Stat. (2011)

7. In licensing cases, the burden is on the applicant to demonstrate entitlement to the requested license by a preponderance of the evidence. Dep't of Transp. v. J.W.C. Co., Inc., 396 So. 2d 778 (Fla. 1st DCA 1981); Balino v. Dep't of

HRS, 348 So. 2d 349 (Fla. 1st DCA 1977). Since Petitioner did not appear at the hearing to present her case, she did not meet this burden and the hearing was closed.

RECOMMENDATION

Based upon the foregoing Findings of Fact and the Conclusions of Law, it is

RECOMMENDED:

That the Department of Children and Families enter a final order denying Petitioner's application for a Family Day Care Home license.

DONE AND ENTERED this 23rd day of February, 2012, in Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 23rd day of February, 2012.

COPIES FURNISHED:

Sheena Cason

3333 Monument Road, No. 904

Jacksonville, Florida 32225

David Gregory Tucker, Esquire Department of Children and Families 5920 Arlington Expressway

Post Office Box 2417 Jacksonville, Florida 32231 david_tucker@dcf.state.fl.us

Gregory Venz, Agency Clerk Department of Children and Families Building 2, Room 204B

1317 Winewood Boulevard

Tallahassee, Florida 32299-0700 gregory_venz@dcf.state.fl.us

David Wilkins, Secretary

Department of Children and Families Building 1, Room 202

1317 Winewood Boulevard

Tallahassee, Florida 32299-0700 david_wilkins@dcf.state.fl.us

Drew Parker, General Counsel Department of Children and Families Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32299-0700 drew_parker@dcf.state.fl.us

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: 11-006470

Orders for Case No: 11-006470