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
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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
Issue Date |
Proceedings |
Aug. 24, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 23, 2018 |
Joint Motion for Continuance filed.
|
Aug. 23, 2018 |
Notice of Unavailability filed.
|
Jul. 18, 2018 |
Order of Pre-hearing Instructions.
|
Jul. 18, 2018 |
Notice of Hearing (hearing set for September 27, 2018; 9:00 a.m.; Tallahassee, FL).
|
Jul. 12, 2018 |
Notice of Transfer.
|
Jul. 10, 2018 |
Joint Response to Initial Order filed.
|
Jul. 02, 2018 |
Initial Order.
|
Jun. 29, 2018 |
Administrative Complaint filed.
|
Jun. 29, 2018 |
Petition for Formal Administrative Hearing filed.
|
Jun. 29, 2018 |
Notice (of Agency referral) filed.
|