Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: WHITMORE FAMILY DAY CARE HOME
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Apr. 19, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 20, 2016.
Latest Update: Dec. 22, 2024
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Revocation of Family Day Care Home Registration
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Jasmine Whitmore Certified Mail Return Receipt: 7013 2250 0002 4094 3785
Whitmore Family Day Care Home
DCF ID No. RO90R2273
2455 Atrium Circle
Orlando, FL 32808
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department is taking action to revoke your family day care
home registration for 2455 Atrium Circle Orlando, FL 32808. The Department's authority and grounds to
impose this sanction are explained below.
1. Whitmore Family Day Care Home is registered under chapter 402.313, Florida Statutes, to
Operate a registered family day care home known as Whitmore Family Day Care Home.
2. The Department of Children and Families is authorized by section 402.310, Florida Statutes,
to sanction the Whitmore Family Day Care Home for violations of child care standards in
sections 402.301 — 402.319, Florida Statutes.
3. The revocation of the registration is based on the verified finding of inadequate supervision
following an investigation conducted by the Department of Children and Families in which you
were named as the caregiver responsible. Pursuant to s. 39.201(6), Florida Statutes, the
Department may use information obtained from these reports when making the decision to
issue a registration or license to operate a family day care home.
Intake Number 2015-099599-01: Verified finding of Inadequate Supervision. A child in your
care was found walking down the road away from the child care facility. The child was picked
up by two women on their way to work. They dropped her off at another child care facility, who
notified law enforcement.
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.
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
RIGHT TO ADMINISTRATIVE PROCEEDING
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, “1, ‘tooher OL Lamith dee
Dinah Davis, Operation and Management Consultant Manager
Office of Child Care Regulation
Copy: Richard Forrester, Regional Safety Program Manager
Daphine Harvey, Program Analyst
Paul Sexton, Assistant General Counsel!
Shane Deboard, Assistant Regional Counsel
Karen Willis, ELC of Orange County
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 INERROR, 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 Blvd, 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 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.
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, 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.
Docket for Case No: 16-002165
Issue Date |
Proceedings |
Jun. 20, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jun. 20, 2016 |
Notice of Filing Settlement Agreement filed.
|
Jun. 15, 2016 |
Department's Witness List and Proposed Exhibits filed (exhibits not available for viewing). |
Jun. 14, 2016 |
Witness List and Proposed Exhibits filed.
|
Jun. 14, 2016 |
Notice of Appearance/Substitution of Counsel (T. Shane DeBoard) filed.
|
Apr. 29, 2016 |
Order of Pre-hearing Instructions.
|
Apr. 29, 2016 |
Notice of Hearing by Video Teleconference (hearing set for June 22, 2016; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Apr. 21, 2016 |
Response to Initial Order filed.
|
Apr. 19, 2016 |
Initial Order.
|
Apr. 19, 2016 |
Administrative Complaint filed.
|
Apr. 19, 2016 |
Request for Administrative Hearing filed.
|
Apr. 19, 2016 |
Notice (of Agency referral) filed.
|