The Issue Whether the administrative fine levied by Petitioner, Department of Children and Family Services, is appropriate.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of facts are made: Respondent operates a licensed child care facility licensed by Petitioner. On July 11, 2003, Vicki Richmond, child care licensure inspector, conducted a re-licensure inspection of the Respondent's facility. This inspection noted 15 areas of non- compliance, each a violation of a particular section of Florida Administrative Code Chapter 65C, which were specifically noted in the six-page inspection report (Petitioner's Exhibit 3). This inspection took approximately four hours. On July 30, 2003, a re-inspection took place; all areas of non-compliance had been corrected. On August 9, 2003, the license was re-issued. On March 10, 2004, Glynnis Green, a child care licensure inspector, conducted an unannounced, routine inspection. These inspections are conducted approximately every four months. During the March 10, 2004, inspection (Petitioner's Exhibit 2) 14 areas of non-compliance were noted. Six of these areas of non-compliance duplicated areas of non-compliance noted on the July 11, 2003, inspection. In particular, the following areas of repeat non- compliance raised particular concern: (1) a toxic/poisonous cleaning product, Greased Lightning, was accessible to children; (2) medications were not stored in a locked area out of the reach of children; (3) the outdoor play space was not adequately enclosed-fencing was not safely secured; (4) sleeping mats were not cleaned and sanitized daily; (5) garbage cans did not have lids; and (6) dates were not present on enrollment applications. Most of the instances of non-compliance were "cured" upon being noted. For example, the Greased Lightning was immediately removed. The repeat nature of the instances of non-compliance and the fact of the availability of toxic substances and medications to children all suggest that a fine is appropriate. Petitioner, through its child care licensure supervisor, an individual with in excess of 20 years in child care licensing experience, made the decision to levy fines of $50 for the two violations involving serious child safety hazards, the availability of toxic substances and medications to children, and $25 per repeat non-compliance (3 through 6, paragraph 6, supra). The amounts of the fines are appropriate.
Recommendation Having considered the foregoing Findings of Facts, Conclusions of Law, the evidence of record, and the candor and demeanor of the witness, it is RECOMMENDED that a final order be entered confirming the imposition of an administrative fine against Respondent in the amount of $200.00. DONE AND ENTERED this 9th day of July, 2004, in Tallahassee, Leon County, Florida. JEFF B. CLARK 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 9th day of July, 2004. COPIES FURNISHED: Jack Emory Farley, Esquire Department of Children and Family Services 4720 Old Highway 37 Lakeland, Florida 33813-2030 Brenda Braxton Just Little People, Inc. 3950 Aurora Avenue Bowling Green, Florida 33834 Paul Flounlacker, Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399-0700
Findings Of Fact The Fun and Learning Center is a child care facility operated by Altagracia Munoz (Respondent) and licensed by the Department of Health and Rehabilitative Services (Petitioner.) On November 13, 1994, an employee of the Petitioner conducted a routine inspection of the Fun and Learning Center. At the time of the inspection, the staff members present were insufficient to comply with regulations established by the Petitioner. According to the regulations, one staff member must be present for every four infants in the facility. Seven children were located in the "infants" room with one staff person present. According to the regulations, one staff member must be present for every six one-year old children in the facility. Six children were located in the "one-year" room with no staff person present. According to the regulations, one staff member must be present for every eleven two-year old children in the facility. Eleven children were located in the "two-year" room with no staff person present.
Recommendation It is hereby RECOMMENDED that the Petitioner enter a Final Order imposing a fine of $50.00 on the Respondent. DONE and RECOMMENDED this 30th day of August, 1995 in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of August, 1995. COPIES FURNISHED: Robert L. Powell, Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Kim Tucker, General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 James A. Sawyer, Esquire Department of Health and Rehabilitative Services 400 West Robinson Street, Suite 827 Orlando, Florida 32801 Altagracia Munoz Fun and Learning Center 2630 Martina Avenue Kissimmee, Florida 34744
The Issue The ultimate issue is whether, the Department of Health and Rehabilitative Services may intercept Daniels' income tax refund. However, this turns on the issue of whether Daniels has been delinquent in excess of 3 months. Factually, Daniels owed money for aid provided his child. The Department of Health and Rehabilitative Services has obtained a judgement in the amount of $6,673 upon which Daniels is to make payments of $25/month. Department of Health and Rehabilitative Services argues that Daniels owes and has been delinquent on the $6,673 since the order was entered. Daniels argues that he is not over three months in arrears on his payments of $25/month. The evidence introduced by Department of Health and Rehabilitative Services shows Daniels is in arrears only $27.91 on his payments on the judgement. The issue is whether Section 45 CFR Section 303.72 requires a delinquency in payments required to be made on the amount of money established in a court order.
Findings Of Fact On October 10, 1981, Carol Renee Neal assigned to the State of Florida her rights to child support for Latoya v. Daniels, acknowledged child of Ira Clayton Daniels. An Order was entered on January 14, 1985, which established that Ira Clayton Daniels owed the State of Florida $6,673 for a public assistance child support obligation and provided that Ira Clayton Daniels would pay $25/month until the $6,673 was repaid. The records of the Department, Daniels' Exhibit 1, reflect Daniels has made regular payments on the debt, and at the time of the hearing owed $27.91 arrearage on the debt. Daniels was less than three months in arrears on his payments established by the Order referenced above.
Recommendation Based upon the foregoing, the claim against Ira Clayton Daniels should be dismissed. DONE AND ORDERED 16th day of September 1986 in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 16th day of September 1986. COPIES FURNISHED: Warren J. Schulman, Esquire Assistant General Counsel Child Support Enforcement Program 105 East Monroe, Suite 101 Jacksonville, Florida 32202 Frederick J. Simpson, Esquire HRS District IV Legal Counsel Post Office Box 2417 Jacksonville, Florida 32231-0083 Ira C. Daniels 8904 Greenleaf Road Jacksonville, Florida 32208
The Issue The issues for determination are: (1) whether Petitioner is delinquent in child support payments; and (2) whether Respondent is authorized to levy Petitioner's two bank accounts and apply the funds to reduce Petitioner's past due child support obligation.
Findings Of Fact Based on the evidence and testimony of the witnesses presented and the entire record in this proceeding, the following Findings of Fact are made: Petitioner is the father of a child born in Connecticut in 1986. On May 2, 1990, a Connecticut court ordered Petitioner to pay child support of $72.00 per week for the support of his child. The court also found that Petitioner had a child support arrearage of $3,797.11 and ordered that he pay an additional $15.00 per week to reduce the arrearage. Petitioner moved to Florida in early 1994. On November 13, 2001, the Clerk of the Circuit Court of Manatee County, Florida, received a request from the State of Connecticut to register and enforce a foreign support order against Petitioner. The adjudicated arrearage in child support was $25,179.87, as determined by the State of Connecticut. On December 11, 2001, Petitioner was sent a Notice of Registration of Foreign Support Order. The notice, sent by certified mail, was received at Petitioner's then current residence address. On January 23, 2002, an Order Confirming Registration of Foreign Support Order was entered; Petitioner was ordered to pay $90.48 per week beginning January 25, 2002. On July 12, 2007, the State of Connecticut certified that as of July 12, 2007, Petitioner had a $23,853.56 child support arrearage. Petitioner stipulated that the child support arrearage was at least $23,000.00. On September 8, 2006, the Department sent a Notice to Freeze to the Bank of America; on the same day a Notice of Freeze was sent to Regions Bank. In the notices, sent by certified mail, the Department advised the banks to hold up to $25,725.26 of Petitioner's funds until further notice. Bank of America responded indicating that Petitioner had $1,270.95 in his account; Regions Bank reported $591.42. On September 15, 2006, the Department sent two Notices of Intent to Levy by certified mail to Petitioner. The notices provided, in pertinent part, the following: You are hereby notified that pursuant to Section 409.25656, Florida Statutes, the Department of Revenue intends to levy on credits or personal property belonging to the obligor named above [Petitioner], or debts owed to the obligor. This property consists of liquid assets and is in the control of [appropriate bank]. This action is taken for nonpayment of child support by the obligor in the amount of $25,725.26 as of [appropriate date]. You are hereby notified that you may contest the agency's action to levy on the above referenced property. You may do so by either filing a petition in the existing Circuit Court case, . . . or by requesting an administrative hearing. If you wish to request an administrative hearing, you must file your petition for hearing, in writing, in accordance with the Notice of Rights attached to this Notice. Although Petitioner testified that he did not receive the notices, neither was returned by the postal service. On October 2, 2006, Petitioner filed a Petition for Administrative Hearing (Petition), in response to each Notice of Intent to Levy. In October 2006, the Department issued and sent Notices of Extension of Freeze to each bank indicating that Petitioner was challenging the Notices of Intent to Levy. The monies on deposit in each bank were the result of payments received by Petitioner for his labors as a lawn caretaker.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent, Department of Revenue, enter a final order that: (1) levies an amount up to $23,853.56 in each of the Petitioner, Michael K. Dugdale's, two bank accounts at Bank of America, N.A. and Regions Bank; (2) applies the funds to reduce Petitioner's past due child support obligation; and (3) credits Petitioner for said payment. DONE AND ENTERED this 18th day of October, 2007, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 18th day of October, 2007.
