FI t ED

MAR f 2 2018

STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILIES DCF Department Clerk

DEPARTMENT OF CHILDREN AND FAMILIES,

Petitioner,

V.

CASE NO. 18-0041

RENDITION NO. DCF-1s-D5 6 . Fo

KATHLEEN MILTON, d/b/a MILTON FAMILY DAY CARE HOME,

Respondent.

                                                                     I

FINAL ORDER CLOSING FILE

THIS CAUSE is before me for entry of a final order. The Order Closing File and Relinquishing Jurisdiction, dated February 14, 2018, states the parties entered into a Settlement Agreement on February 14, 2018. There are no further issues between the parties. This matter is closed.

DONE AND ORDERED at Tallahassee, Leon County, Florida, this lJ tJ

1

Filed March 12, 2018 4:25 PM Division of Administrative Hearings

NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY A PARTY PUSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE. SUCH APPEAL IS INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF CHILDREN AND FAMILIES AT 1317 WINEWOOD BOULEVARD, BUILDING 2, ROOM 204, TALLAHASSEE, FLORIDA 32399-0700, AND A SECOND COPY ALONG WITH THE FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL WHERE THE PARTY RESIDES OR IN THE FIRST DISTRICT COURT OF APPEAL. THE NOTICE OF APPEAL MUST BE FILED (RECEIVED) WITHIN 30 DAYS OF RENDITION OF THIS ORDER.1

Copies furnished to the following via U.S. Mail on date of Rendition of this Order.2

Lisa Aja,

Assistant Suncoast Regional Counsel Department of Children and Families 9393 N. Florida Ave., Ste. 900

Tampa, FL 33612

Kelly Richard High, Esquire Bush Ross, Attorneys at Law PO Box 3913

Tampa, FL 33601-3913

Claudio Llado, Clerk

Division of Administrative Hearings Three DoSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399

1 The date of the "rendition" of this Order is the date that is stamped on its first page.

2 The date of "rendition" of this Order is the date that is stamped on its first page.

2

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Petitioner,

vs. CASE NO.: 18-0041

KATHLEEN MILTON d/b/a/

MILTON FAMILY DAY CARE HOME,

Respondent.

---------------------'/

JOINT NOTICE OF FILING SETTLEMENT AGREEMENT

Comes Now, Petitioner , Department of Children and Family Services (herein after " Department"), and Respondent, Kathleen Milton d/b/a Milton Family Day Care Home, by and through their respective attorney of record, provide notice to the Court that this case is resolved and the parties have executed a Settlement Agreement, attached herein.

Dated this 14th day of February 2018.

 Lis +

Respectfully Submitted,

FBN: 1000536

Assistant SunCoast Regional Counsel Department of Children and Families 9393 N. Florida Ave., Suite 900

Tampa, FL 33612

Tel.: 813-558-5510

Fax: 813-558-5514

lisa.a jo(@mvflfamilies.com

KellyHig

FBN: 153125

Attorney for Respondent, Kathleen Milton Bush Ross

180l North Highland Ave Tampa, FL 33602

Tel.: (813) 224-9255

Fax: (813) 223-9620

khigh(@.bushross.om

NOTICE OF FILING SETTLEMENT AGREEMENT 18-0041

Filed February 14, 2018 9:29 AM Division of Administrative Hearings

CERTIFICATE OF SERVICE

LisaE.,

I HEREBY CERTIFY that a true copy of the foregoing has been furnished by eService to: Honorable Elizabeth W. McArthur, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL, 32399-3060; Kelly High, attorney for Respondent, at Khigh@bushross.com, this 14th February 2018.

Assistant SunCoast Regional Counsel FBN: 1000539

Department of Children and Families 393 N. Florida Ave, Suite 900

Tampa, FL 33625

T: 813-558-5510

F: 813-558-5514

Lisa.Ajo@myflfamilies.com

NOTICE OF FILING SETTLEMENT AGREEMENT 2

18-0041

I

STATE OF FWRIDA

DMSION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF CIDLDREN AND FAMILIES,

PETITIONER

VS. Cue No. 18-0041

KA TIILEEN MD..TON d/b/a

MILTON FAMILY DAY CARE HOME,

RESPONDENT.

SEJTLIMENJ AGREEMENT

COMES NOW, The Department of Children and Families, Petitioner, and Kathleen Milton

d/bla Milton Family Day Care Home, Respondent, and agree to settle this matter as follows:

REQTAI,S

WHEREAS, on December 4, 2017; Petitioner issued an Administrative Complaint against Respondent located at 1741 Repl Mist Loop, Trinity, Florida 34655, wherein the Petitioner alleged that on August 21, 2017, Respondent committed four Class ( violations in relation to Respondent's operation of a licensed family home day care, and as a iesult the Petitioner proposed to revoke Respondent's license #F06PA0264 and impose a $2,000.00 fine for the alleged violations ($500.00per each violation);

WHEREAS, KATHLEEN Mll.TON is the owner and operator of Milton Family Day

Care Home;

WHEREAS, Respondent timely denied the allegations asserted in the Administrative

Complaint and requested an administrative bearing;

WHEREAS, the parties have agreed to settle this matter on the terms and conditions set

forth below.

TERMS

1. It is understood and· agreedthat this Agreement is a full compromise ofa disputed claim

   and that the Agreement shall not be C:O.. an admission of liability.

   
   

2. Effective immediately, Respondent hereby voluntarily relinquishes her license #F06PA0264, to operate a family day care home at 1741 Regal Mist Loop, Trinity, Florida 3465S, and cease all child care operations at this location.

   Settlement Agreement IS-oo4 I

   
   

   
   

3. Respondent withdraws her request for administrative hearing.

4. The Petitioner hereby withdraws the Administrative Complaint and associated administrative fines.

   
   

5. In the future, should Respondent. or corporate structure she controls, owns or operates, or serves as director of, apply to operate a licensed child care facility, licensed day care home, large family day care home, or registered day care home, the Department may consider and use any and all of the facts and issues raised in the Wlderlying litigation when deciding whether or not to grant or to deny any such applications or registration. This language does not preclude Respondent from leasing any property they own to another child care provider, provided Respondent is not an owner, operator, employee or director of any such facility.

   
   

6. Respondent hereby release and forever discharge the Department and its employees liable or who might be claimed to be liable, from, and covenants never to sue or charge any of them with respect to, any and all charges, claims, demands. damages, actions, causes of action, or lawsuits of any kind or nature whatsoever, whether in law or equity, known or unlcnown, matured or unmatmcd, asserted or unasserted, suspected or WlSUSJ>CCted. including, but not limited to: any claims, rights or demands arising out of any oral or written contractual relationship; any and all claims, rights or demands, liabilities, damages, expenses, actions, causes of actions or suits of any kind whatsoever; and any rights, claims, or demands pertinent to any local, state or federal regulation or law, including but not limited to common Jaw or statutory claims of any kind whatsoever, tort claims, common law or statutory claims of any kind whatsoever, incidental or consequential claims or damages, expenses inct.DTed, litigation expenses, court costs, attorneys' fees, and any and all other damages or statutory sums whatsoever, known or unknown, compensatory or punitive, which Respondent may have bad or may now or hereafter have or raise, from the beginning of time until the date of execution of this Settlement Agreement as to the Department concerning or relating to this case.

   
   

7. The parties enter into this agreement freely and voluntarily and intend to be bound by the

   tenns hereof asevidenced by their signatures and effective as dated below.

   
   

8. This Settlement Agreement constitutes the entire agreement between the parties.

   
   

9. The parties agree to pay their own attorney's fees and costs and hereby waive any claims for attorney's fees and costs that could be brought in lawor equity.

   
   

10. Upon the filing of this settlement agreement with the DOAH, the parties agree to the entry of a recommended order and final order approving this settlement agreement and cancelling the final hearing.

Settlement Agreement 18--0041 2

Agreed to by:

for the Bmpopdnt

eenMilton

Owner/Operator of Milton Family Day Care Home 1741 Regal Mist Loop, Trinity, Florida 34655 Respondent

Kelly High, Esq. Attorney for Respondent Florida Bar No.: 153125 Bush Ross

180I North Highland Avenue

Tampa, Florida 33602

Date: \ /-:3l/fB

Date:

=i:::z: N

May Beth Weboes, M       ':'-L . Regional Safety Program Manager ~ J Department of Children and Families

9393 N. Florida Ave, Suite 500

Tampa, FL 33612

Authorized Representative for Petitioner

Date:

Lisa E. Ajo, Esq.

Assistant Regional Counsel Florida Bar No.: 1000539

Department of Children and Families

9393 N. Florida Ave, Suite 900

Tampa, FL 33612

Settlement Agreement 18-0041 3

Docket for Case No: 18-000041

Orders for Case No: 18-000041