The Issue The issues for determination are: (1) whether Petitioner is delinquent in child support payments; (2) if yes, what is the amount of the delinquent child support; and (3) whether Respondent is authorized to levy Petitioner’s two bank accounts at the Bank of America and apply the funds to reduce or satisfy Petitioner’s outstanding arrearage for child support.
Findings Of Fact On April 11, 1996, a judicial hearing officer in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida (Orange County Circuit Court), issued a Report and Recommendation of Hearing Officer on Paternity and/or Other Issues (Report). The Report found that Petitioner, Gary Walther (Petitioner), was the natural father of two minor children and recommended that he pay $200.00 per month for each child. The Report also recommended that the child support payments commence on May 5, 1996, and that they be made through the Clerk of the Circuit Court. On April 11, 1996, the Orange County Circuit Court issued an Income Deduction Order (Order) in State of Florida, Department of Revenue, on behalf of Theresa Walther v. Gary Walther, Case No. 86-1675. The Order directed any employer or any other person providing or administering income to Petitioner to deduct from such income $400.00 per month for periodic child support and to pay this amount to the Clerk of the Court. According to the Order, the $400.00 "reflects on-going child support of $200.00 per month, per child, for two minor children." On May 15, 2000, a judicial hearing officer issued a Report and Recommendation in Department of Revenue v. Gary Walther, Case No. 86-1675, in the Orange County Circuit Court. The Report and Recommendation abated Petitioner’s on-going child support payments as of April 24, 2000; found Petitioner $10,468.76 in arrears in child support as of April 24, 2000; and recommended that Petitioner pay an additional payment of $200.00 per month as payment on the arrears. These payments were to be made to the State of Florida, State Disbursement Unit, in Tallahassee, Florida. On May 15, 2000, the Orange County Circuit Court approved, confirmed and adopted as a Final Order the Report and Recommendation described and referred to in paragraph 3 above. On October 13, 1999, the Department sent a Notice to Freeze to the Bank of America in Richmond, Virginia. In the notice, which was sent by certified mail, the Department advised the Bank of America that Petitioner had a past due and/or overdue child-support obligation of $10,717.29 as of October 13, 1999. Moreover, the Department directed the bank not to transfer, dispose of, or return any credits, debts, or other personal property owned by or owed to Petitioner. On October 25, 1999, the Bank of America verified that it held two accounts identified as belonging to Petitioner. The funds in both accounts totaled $2,894.56. On October 15, 1999, the Department sent a Notice of Intent to Levy by certified mail to Petitioner. That notice 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. The property consists of liquid assets and is in the control of BANK OF AMERICA. This action is taken for nonpayment of child support by the obligor in the amount of $10,717.29 as of October 13, 1999. 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 an action in Circuit Court or by requesting an administrative hearing. If you wish to request an administrative hearing, you must file your petition for hearing, in writing, accordance with the Notice of Rights attached to this Notice. If you elect to file an action in Circuit Court, your complaint must be filed with the Clerk of Court within twenty-one (21) days of your receipt of this notice. . . . You may NOT request both an administrative hearing and a hearing in circuit court. Attached to the notice was a Notice of Rights form that detailed Petitioner's due process rights as provided for in Section 409.25656, Florida Statutes. The return receipt from the October 15, 1999, Notice of Intent addressed to Petitioner indicated that the Notice was delivered and received by someone at Petitioner’s address of record on or about October 20, 1999. On or about November 3, 1999, Petitioner filed a Petition for Formal Hearing (Petition), which requested a "formal hearing concerning the Notice of Intent to Levy" which he received October 19, 1999. The Petition listed Petitioner’s address as 234 Crabtree Avenue, Orlando, Florida 32835. On or about November 10, 1999, the Department issued and sent a Notice of Extension of Freeze to the Bank of America. The notice advised the bank that Petitioner had "filed an action in the circuit court or under Chapter 120, Florida Statutes, to contest the Department of Revenue’s intention to levy upon assets as specified in the Notice of Freeze." The Department further directed the Bank of America not to transfer, dispose, or return any credits, debts or other personal property owned/controlled by Petitioner and in the bank’s possession and control. Finally, the Notice of Extension of Freeze stated that the Notice remained effective "until final resolution of the circuit court or Chapter 120 action, and the Department issued a Notice of Levy or a Notice of Full or Partial Release of Freeze." On November 30, 2000, the Clerk of the Orange County Circuit Court prepared and issued an Arrearage Affidavit in Case No. 86-1675. The affidavit stated that the May 15, 2000, a Final Order issued by the court established that Petitioner's child support arrearage was $10,468.76. However, because of payments made by Petitioner, the affidavit noted that Petitioner's remaining established arrearage, as of the date of the affidavit, was $6,924.01. As of the date of the final hearing, Petitioner's outstanding arrearage for child support was $6,924.01. Notwithstanding his filing a Petition for Formal Hearing, Petitioner failed to appear at the hearing and no evidence was presented on his behalf.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department of Revenue enter a final order that (1) levies the $2,894.56 in the Petitioner's two bank accounts at the Bank of America; (2) applies the funds to reduce Petitioner's accrued child support arrearage of $6,924.01; and (3) credits Petitioner for said payment. DONE AND ENTERED this 6th day of March, 2001, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD 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 6th day of March, 2001. COPIES FURNISHED: Albert Thorburn, Esquire Florida Department of Revenue Post Office Box 8030 4070 Esplanade Way Tallahassee, Florida 32314-8030 Gary Walther 5965 Spring Street Austell, Georgia 30168-4041 James Zingale, Executive Director Department of Revenue 5050 West Tennessee Street 104 Carlton Building Tallahassee, Florida 32399-0100 Linda Lettera, General Counsel Department of Revenue 204 Carlton Building Post Office Box 6668 Tallahassee, Florida 32314-6668
Findings Of Fact On August 11, 1992, Petitioner submitted a claim to the Lottery based on a Play-4 ticket he held for the Lotto drawing of August 9, 1992. The ticket reflected that Petitioner was eligible for a prize of $2,500.00. On August 11, 1992, DHRS certified to the Lottery that Petitioner owed $2,187.24 in Title IV-D child support arrearage. By letter dated August 27, 1992, the Lottery notified Petitioner that DHRS had advised it of the outstanding debt and that, pursuant to Section 24.115(4), Florida Statutes, it had transmitted the prize amount to DBF. Petitioner was further advised that DBF would notify him shortly regarding the distribution of the funds. By letter dated September 4, 1992, DBF notified Petitioner that it was in receipt of his prize from the Lottery and that it intended to apply $2,187.24 of the award toward the unpaid claim for child support. Enclosed with the letter was State of Florida warrant number 0453833 in the amount of $312.76 payable to Petitioner. This warrant was payment of part of the Petitioner's lottery prize and represented the difference between the amount of the prize and the amount of child support that DHRS had certified as being due. In a letter received by DBF on September 28, 1992, Petitioner disputed that any obligation was outstanding and requested a formal hearing. The evidence presented by Respondents established that as of August 9, 1992, the date of Petitioner's lottery winnings, Petitioner owed child support in the amount of $2,187.24. These child support payments were being collected through the Clerk of the Circuit Court, in and for Dade County, Florida, pursuant to a Final Judgment of Paternity entered by Dade Circuit Judge Seymour Gelber on September 30, 1986, in Dade Circuit Court Case No. 86-23681.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Banking and Finance transfer to the Department of Health and Rehabilitative Services the sum of $2,187.24 in satisfaction of Petitioner's debt for child support as of August 9, 1992. DONE and ENTERED this 17th day of December, 1992, at Tallahassee, Florida. CLAUDE B. ARRINGTON 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 17th day of December, 1992. COPIES FURNISHED: Nathaniel Williams 9028 S.W. 97th Avenue, Apt. 3 Miami, Florida 33176-1966 Scott C. Wright Assistant General Counsel Office of the Comptroller The Capitol, Suite 1302 Tallahassee, Florida 32399-0350 Honorable Gerald Lewis Comptroller, State of Florida Department of Banking and Finance The Capitol, Plaza Level Tallahassee, Florida 32399-0350 William G. Reeves, General Counsel Department of Banking and Finance Room 1302, The Capitol Tallahassee, Florida 32399-0350 Chriss Walker, Esquire Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Robert L. Powell, Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 John Slye, General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Louisa Warren, Esquire Department of Lottery 250 Marriot Drive Tallahassee, Florida 32399-4000 Dr. Marcia Mann, Secretary Department of Lottery 250 Marriot Drive Tallahassee, Florida 32301 Ken Hart, General Counsel Department of Lottery Knight Building, Suite 309 Koger Executive Center 2737 Centerview Drive Tallahassee, Florida 32399-0950
The Issue The issue for determination is whether the Department of Revenue should retain and apply the Petitioner’s $7,278.00 lottery prize to reduce an outstanding arrearage for child support.
Findings Of Fact DOR and DOL are the agencies of the State of Florida charged with the duty to enforce statutes which provide for the seizure of lottery prize winnings to satisfy past-due child support debt. DOR and DOL provided Davidoff with timely and proper notice of their finding that he was indebted to the state for court-ordered child support through the court depository, in the total amount of $32,400.00 as of July 29, 1996. Davidoff was further notified that it was the state's intent to intercept his lottery prize and apply it to partially satisfy his unpaid child support debt. Pursuant to a Final Judgment of Paternity and Order for Payment of Arrears entered on July 29, 1996, Davidoff is subject to a lawful order requiring him to pay child support retroactive to June 6, 1996, in the total amount of $32,400.00. Davidoff failed to discharge his child support obligations pursuant to that judgment. He admits arrearages in an amount in excess of $27,000.00 as of the date of the final hearing. DOR is entitled, indeed required by law, to apply the Petitioner’s lottery prize in the amount of $7,278.00 to partially satisfy this past-due child support debt.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Revenue enter a final order retaining Davidoff's $7,278.00 lottery prize to be applied to reduce the accrued arrearage on Davidoff's child support obligation. DONE AND ENTERED this 31st day of July, 2003, in Tallahassee, Leon County, Florida. S ___________________________________ FLORENCE SNYDER RIVAS 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 31st day of July, 2002. COPIES FURNISHED: David Davidoff 2956 Kirk Road Lake Worth, Florida 33461 Chriss Walker, Esquire Child Support Enforcement Department of Revenue Post Office Box 8030 Tallahassee, Florida 32314-8030 Louisa Warren, Esquire Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 James Zingale, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100 Bruce Hoffmann, General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 David Griffin, Secretary Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 Ken Hart, General Counsel Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301
The Issue The issue is whether Respondent's Law Enforcement and Correctional Officer Certificates should be disciplined for the reasons set forth in the Administrative Complaint.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: In this disciplinary proceeding, Petitioner, Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission (Commission), seeks to discipline Correctional Certificate No. 56629 and Law Enforcement Certificate No. 135685 held by Respondent, Gayle L. Graham (formerly known as Gayle Livings), on the grounds that she unlawfully obtained public assistance benefits in 1996, 1997, and 1998 by failing to disclose on her applications that she was receiving child support payments. In her request for a hearing, Respondent denied that she "knowingly [made] a false statement" when applying for such benefits. During her tenure as a law enforcement officer, Respondent has been employed by both the Leon County and Gadsden County Sheriff's Office. Since November 1998, she has been a police officer with the City of Midway Police Department. On September 4, 1990, Respondent's marriage with Brooks Jampole (Jampole) was dissolved. Beginning on September 15, 1990, Jampole was required to pay Respondent $400.00 per month in child support payments for their minor child (Joseph). Although such payments were sporadic during the first few years, in 1994, the court directed that Jampole deposit the payments with the court registry each month; from that time until she applied for public assistance benefits in October 1996, and continuing through 1998, Respondent received regular child support payments through the Gadsden County Clerk's Office. On an undisclosed date, Respondent married Michael Graham (Graham). Their union produced a child (Brianna) in March 1995. In October 1996, Respondent had just resigned her job with the Gadsden County Sheriff's Office and her husband had lost his job. The couple lived in a Tallahassee apartment with Joseph and Brianna. At that time, Respondent had become pregnant with her third child. Because of a difficult pregnancy, which rendered her unable to work and in desperate financial straits, Respondent applied for public assistance benefits from the State of Florida, including food stamps and cash assistance in the form of Aid to Families with Dependent Children (AFDC). Her application was processed by the Tallahassee office of the Department of Children and Family Services (DCFS). Shortly after her benefits were approved, her financial woes were further exacerbated when Graham left the marriage and failed to contribute support for his two minor children. In order to receive public assistance benefits, an applicant must meet all DCFS criteria, including those falling under the categories of income, assets, and technical requirements. Relevant to this controversy is the requirement that child support payments, which are considered a form of unearned income, be fully disclosed by the applicant. Any amount of child support received by an applicant has an effect on how much public assistance an applicant may receive. Further, by law, child support payments received by an applicant while the beneficiary of public aid must be reassigned to DCFS. According to DCFS public assistance specialists who processed such applications in late 1996 and 1997, it was standard procedure to run through a computer check list with all applicants, which included an instruction that the applicants disclose any child support payments. Although none of the specialists could specifically recall their conversations with Respondent, it can be reasonably inferred from the evidence that Respondent was told that she must disclose all sources of income, including child support payments. In addition, the application itself contained a space for disclosing these amounts, and it warned the applicant about the Florida fraud law and the penalties for perjury. On seven applications executed by Respondent between October 22, 1996, and July 28, 1998, she failed to disclose the fact that she was receiving monthly child support payments for Joseph. This resulted in her benefits increasing, and it deprived the State of her monthly child support payments, which should have been reassigned to DCFS. In all, Respondent was overissued $5,080.00 in cash assistance and $2,361.00 in food stamps from November 1996 through November 1998. However, as part of a pre-trial intervention program with the Leon County State Attorney's Office, and with the assistance of a family loan, Respondent promptly repaid all overpayments, and the associated criminal charges were dismissed. In fairness to Respondent, during the first interview with a public assistance specialist in October 1996, Respondent told the specialist that the payments had sometimes been sporadic in the past and that she could not rely on her ex-husband, who had taken her to court five times and had threatened to stop paying support. Respondent says the specialist replied that she didn't need to report the funds if "you absolutely can't count on it." While each of the specialists who testified at hearing denied that they would ever make such a remark, and perhaps these exact words were not spoken, it is fair to infer that Respondent left the interview with the understanding that she would not have to report the income in the event the future support payments were not assured. However, as the regularity of the payments continued during the ensuing months, Respondent should have known that she was under an obligation to report the income. To her credit, though, she advised DCFS when Graham left the household, which resulted in her receiving lower monthly payments. In mitigation, Respondent has been certified as a correctional officer since 1991 and a law enforcement officer since 1992. She is presently employed in good standing as a police officer with a municipality in Gadsden County, a job which requires continued certification. When the illicit conduct occurred, Respondent was facing extraordinary financial and personal problems, including an inability to work due to a difficult pregnancy with her third child, and two small children to support. In addition, her husband had just lost his job, and within a short period of time, he left the marriage without providing financial assistance to his former wife and children. Moreover, at the beginning of the application process, Respondent was under the misimpression that if child support payments were not absolutely assured, then their disclosure was not necessary. Importantly, she has made restitution for all overpayments. Finally, revocation or suspension of the certificates would cause a severe financial hardship on Respondent, who needs certification to continue in her present job, and who must support her family. Only one aggravating factor is applicable, and it is clearly outweighed by the mitigating circumstances. Although Respondent received pecuniary gain from her misconduct, she did not use her position to commit the misconduct nor was she performing other law enforcement duties at the time; there are no prior disciplinary actions taken against her; there was no danger to the public; the severity of the conduct was minimal; the actual "damage" to the public (overpayments) was promptly repaid; and the misconduct was not motivated by discrimination and did not involve domestic violence.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order determining that Respondent has failed to maintain good moral character, as charged in the Administrative Complaint, and that her correctional and law enforcement certificates be placed on probation for a period of two years, subject to such terms and conditions, if any, as the Commission may deem appropriate. DONE AND ENTERED this 11th day of August, 2000, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 11th day of August, 2000. COPIES FURNISHED: A. Leon Lowrey, II, Program Director Division of Criminal Justice Professionalism Services Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Michael R. Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Gabrielle Taylor, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Harold S. Richmond, Esquire 227 East Jefferson Street Quincy, Florida 32353-0695
The Issue The issue presented is whether Petitioner's license to operate a child care facility should be revoked.
Findings Of Fact At all times material hereto, Geraldine Lee was the owner and operator of a child care facility, licensed by the State of Florida and known as The Children's Palace II. On November 14, 2004, there were eighteen children in the care of The Children's Palace II. Each child was signed in by the child's parent when the child arrived each morning, and one of Lee's employees then signed that the child was actually there. The child was then signed out when the child was picked up that day. The facility was open until 10:00 p.m. However, the facility closed earlier if all the children had been picked up before that time. On November 14 when Taunya Patterson brought her six- month-old son Kenneth Geddes to the facility, she neglected to sign in her son, and no employee counter-signed. Thus, there was no written record that he was there. At that time, Geddes had been receiving child care at The Children's Palace II for two months. When Patterson returned to the facility at 9:00 p.m. to pick up her son, she found the facility closed, locked, and dark. She summoned the police, who, in turn, summoned Geraldine Lee, who came to the facility. She unlocked the facility and Patterson's son was in the crib where he normally slept, lying on his stomach and crying. The infant was unharmed. Geraldine Lee had left the facility that day at approximately 7:30 p.m. Before leaving the facility, she walked through but did not see any children still there. She left her employee Theresa Leverett in charge of the facility. At approximately 8:30 p.m. Lee returned to the facility to pick up her granddaughter. Leverett was leaving the facility when Lee was picking up her granddaughter. On December 3, 2004, the Department notified Lee that it was revoking her license to operate a child care facility effective immediately. On August 18, 2004, Lee had been issued a provisional license for The Children's Palace II, effective August 20, 2004, to February 19, 2005. Once before, The Children's Palace II had been issued a provisional license but had been issued a regular license thereafter. Prior to November 14, 2004, no child had been left alone in the facility. The only prior similar incident occurred when an employee walked out of a room where a child was present, thereby leaving the child unsupervised.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that the Department failed to meet its burden of proof and dismissing its notice of intent to revoke the license of The Children's Palace II. DONE AND ENTERED this 6th day of December, 2005, in Tallahassee, Leon County, Florida. S LINDA M. RIGOT 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 6th day of December, 2005. COPIES FURNISHED: Robin Whipple-Hunter, Esquire Department of Children and Family Services Post Office Box 2417 Jacksonville, Florida 32231-0083 Thomas A. Delegal, III, Esquire Delegal Law Offices, P.A. 424 East Monroe Street Jacksonville, Florida 32202 Gregory Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 John Slye, Acting General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
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.
The Issue The issue in this case is whether Respondent should approve Petitioner's registration to operate a family day care home.
Findings Of Fact The Parties Petitioner is a 25-year-old female who admittedly has been providing unlicensed child day care in her home for the past several years. While she has no formal training in child care, she has been employed in the child care field for many years and obtained her GED in 1995. Petitioner has been married to her husband, A.P., for six years, and they live together. Respondent is the state agency responsible for regulating child care facilities pursuant to Chapter 402. The Application On September 18, 2002, Petitioner submitted an application to Respondent seeking licensure to operate a registered family day care within her home located at 6351 Redwood Oaks Drive in Orlando, Florida. Respondent processed the application and effectuated the required background screening of the individuals living within the household, including Petitioner and A.P. The screening of Petitioner revealed that on October 3, 2000, a young girl, living within Petitioner's home and under her supervision, was removed following a report to the abuse hotline and the subsequent investigation by Donald Griffin, a protective services investigator employed by Respondent. The screening of A.P. revealed that he was arrested in October 2000 on charges of lewd, lascivious assault or act on a child; prostitution; lewd or lascivious molestation; renting space to be used for prostitution; and lewd or lascivious conduct. The screening further revealed that on May 15, 2002, the State Attorney's Office determined that the case was not suitable for prosecution and filed a "No Information Notice." Upon receipt and consideration of the screening results, Respondent denied Petitioner's application on January 23, 2003, advising her that: . . . the Department is unable to approve your application to operate a family day care due to safety concerns for children that may be placed under your care for the following reasons: Background screening revealed that a child was removed from your care following an allegation of abuse or neglect. Background screening revealed that a member of your household lacks moral character due to their arrest record involving minors which would place the children at risk of harm. With respect to Petitioner's screening results, Petitioner admits that a child was removed from her home, but alleges that the removal was at her request. Petitioner denies any allegation of abuse and insists that the removed child, her friend's daughter, was "extremely unruly and too difficult to handle." As a result, Petitioner claims that she requested that Respondent remove the child and Respondent complied. Respondent's investigator, Mr. Griffin, testified otherwise. Investigator Griffin stated that he personally investigated Petitioner following a report to Florida's child abuse hotline. He separately interviewed both Petitioner and the child and noticed clear bruises and welts on the child. Investigator Griffin determined that Petitioner's home was not suitable for the young girl and removed her from the residence. Mr. Griffin's testimony was more credible. No evidence was offered to support Petitioner's assertion. With respect to the screening results of A.P., Respondent presented compelling evidence that A.P. lacks the requisite good moral character. First, Respondent demonstrated and Petitioner admits that A.P. occasionally gets angry and lacks self-control. In fact, the local police department has responded to domestic disturbance calls from the family home on at-least two occasions. In addition, the evidence surrounding A.P.'s arrest demonstrates that A.P. lacks good moral character. Specifically, A.B., the alleged victim of A.P., credibly testified at hearing that in October 2000, at age 12, she and her minor female friend, L.M. were walking near their school during the early evening when an unknown black male, later identified as A.P., driving a green sports utility vehicle, offered them a ride. The female minors entered his S.U.V. and were taken to a convenience store and then to a hotel. A.B. testified that while in the hotel room, the male inappropriately touched her butt, pushed her on the bed and solicited her to have sex with him for money. A.B. said "no" to his offer and asked him to stop. Shortly thereafter, the male departed the hotel and abandoned the girls in the hotel room with the room key. The police were contacted and investigator Rick Salcido conducted an investigation. After interviewing the girls, Mr. Salcido acquired physical evidence at the hotel linking A.P. to the room and supporting A.B.'s allegations. He retrieved a copy of A.P.'s driver's license and hotel credit card used at check-in from the hotel manager. In addition to the physical evidence linking A.P. to the hotel, A.B. positively identified A.P.'s photo as the perpetrator. Moreover, the investigator determined, and Petitioner admits that A.P. owned and drove a green sports utility vehicle at the time of the alleged incident. While Petitioner asserts that she and A.P. were out of town and on vacation on the date of the incident, she admits that they returned home at approximately 7:00 p.m. that evening. Although A.P. was subsequently arrested, the State Attorney's Office later declined to prosecute and filed a "No Information Notice." At hearing, counsel for A.P. indicated that the statute of limitations had not expired and A.P. invoked his Fifth Amendment privilege to remain silent. A.P. declined to testify and answer questions related to his moral character and the circumstances of his arrest.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order denying Petitioner's application for a registration to operate a child care facility. DONE AND ENTERED this 29th day of August, 2003, in Tallahassee, Leon County, Florida. S WILLIAM R. PFEIFFER 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 29th day of August, 2003. COPIES FURNISHED: Richard Cato, Esquire Department of Children and Family Services 400 West Robinson Street, Suite S-1106 Orlando, Florida 32801-1782 Jeremy K. Markman, Esquire 800 North Ferncreek Avenue Orlando, Florida 32803 Paul Flounlacker, Agency Clerk Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Jerry Regier, Secretary Department of Children and Family Services Building 1, Room 202 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
