98-005593 Yolanda Cheesmon vs. Department Of Children And Family Services
 Status: Closed
Recommended Order on Monday, June 14, 1999.


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Summary: Petitioner`s application is moot because she has changed her address. The application should be denied.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8YOLANDA CHEESMON, )

11)

12Petitioner, )

14)

15vs. ) Case No. 98-5593

20)

21DEPARTMENT OF CHILDREN )

25AND FAMILY SERVICES, )

29)

30Respondent. )

32______________________________)

33RECOMMENDED ORDER

35A formal hearing in this case was held pursuant to notice,

46on April 22, 1999, by Stephen F. Dean, assigned Administrative

56Law Judge of the Division of Administrative Hearings, in Panama

66City, Florida.

68APPEARANCES

69For Petitioner: Yolanda Cheesmon, pro se

751012 Yates Avenue

78Panama City, Florida 32402

82For Respondent: John R. Perry, Esquire

88Department of Children

91And Family Services

942639 North Monroe Street, Suite 252A

100Tallahassee, Florida 32399-2949

103STATEMENT OF THE ISSUE

107Should the Petitioner's application for registration to

114operate a family day care home be approved?

122PRELIMINARY STATEMENT

124The Petitioner was registering her home as a family day care

135home. During this process, the Department's investigator

142attempted to contact Petitioner and was unable to. Finally, the

152investigator found that Petitioner had moved to another house.

161The investigator advised Petitioner she would have to apply

170for registration of that house and not the original one.

180Petitioner revised her application to reflect the new location.

189The investigator then advised Petitioner she would need a letter

199showing that the owner of the residence agreed to the operation

210of the family day care home.

216The Petitioner filed a new application, and a letter,

225purportedly from the landlord, agreeing to the use of the

235property as a day care home. On October 28, 1998, the

246investigator received an anonymous letter alleging that the

254landlord's letter was forged. The investigator contacted

261Petitioner, and Petitioner admitted that she had forged the

270letter. Based upon this admission, the Department denied

278Petitioner's application and advised her of a right to a hearing.

289The Petitioner requested a formal hearing, and the

297Department forwarded the case to the Division of Administrative

306Hearings. The matter was noticed for hearing on April 22, 1999,

317by notice dated January 20, 1999. The case was heard on the date

330originally noticed.

332The Petitioner testified in her own behalf and introduced

341several letters in support of her application. The Department

350called its investigator to testify and introduced Exhibits 1

359through 4 into the record.

364The Department filed a Proposed Recommended Order which was

373read and considered.

376FINDINGS OF FACT

3791. In August 1998, Petitioner, Yolanda Cheesmon, registered

387her home at 1012 Yates Avenue in Panama City, Florida, as a

399family day care home with Respondent, Department of Children and

409Family Services.

4112. In September 1998, Michelle Barsanti, the Department's

419Licensing Counselor, attempted to reach Ms. Cheesmon at her home

429by telephone. She was unable to do so because the telephone had

441been disconnected. Because the Department's day care standards

449required day care homes to have telephones, Ms. Barsanti

458continued to try an reach Petitioner. She eventually contacted

467Petitioner by phone, found she had moved, and sent her a new

479application to 920 Thomas Avenue, Panama City, Florida.

4873. On October 23, 1998, Ms. Barsanti attempted to visit

497Ms. Cheesmon at her new home. It was only then that she noticed

510that Ms. Cheesmon's address had changed. She obtained directions

519to the new home, and went there to discuss with Ms. Cheesmon

531licensing her home as a family day care home.

5404. During this visit, Ms. Barsanti reminded Ms. Cheesmon

549that it was the home and not the operator which was licensed or

562registered; and, therefore, the Department had to be notified

571whenever the operator of a family day care home changed

581residence.

5825. Ms. Barsanti discussed with Ms. Cheesmon during this

591meeting that Ms. Cheesmon would have to procure a written

601statement form the landlord approving the use of the property as

612a family day care home.

6176. The facts reveal a mix up between the Petitioner and the

629investigator regarding almost every aspect of Petitioner's

636application. As both women endeavored to perfect the

644application, more and more things arose which needed to be done.

655All of this occurred under circumstances in which the

664Petitioner's income was reduced because she had quit her job to

675care for children.

6787. Ms. Cheesmon filed her application and a letter which

688purported to be from her landlord giving Ms. Cheesmon permission

698to operate a family day care home on the property.

7088. Ms. Barsanti received an anonymous letter alleging the

717permission letter was a forgery. After being confronted by

726Ms. Barsanti Ms. Cheesmon admitted that she had forged the

736permission letter.

7389. Ms. Cheesmon testified that she forged the letter which

748she gave to Ms. Barsanti in order to get the application

759processed and obtain insurance which the landlord required as a

769condition for approval.

77210. The landlord did not disapprove of the child care

782activity. The landlord wanted insurance to hold her blameless.

791The Petitioner needed approval by the Department to obtain

800insurance. Petitioner's forgery was not so much a false

809statement of the landlord's position, as an improper means to

819accomplish what the landlord wanted.

82411. By the time of hearing, the Petitioner had moved back

835to her original address into property which she does not rent.

846CONCLUSIONS OF LAW

84912. The Division of Administrative Hearings has

856jurisdiction over the parties and subject matter in this case.

866Section 120.57(1), Florida Statutes.

87013. If the operator of a family day care home leases the

882residence in which she runs the facility, written proof of the

893consent of the landlord to that use of the property must be

905provided before the facility may be licensed. Rule

91365C-20.009(1)(a), Florida Administrative Code.

91714. Ms. Cheesmon forged the permission letter to the

926Department. Ms. Cheesmon never obtained the landlord's consent

934for the leased site. The issue is not bad character, but the

946failure of the Petitioner to meet the rule's requirements.

95515. The application at issue has been made moot by the

966passage of time. The Petitioner is now back in her original

977house, and there is no landlord. Therefore, the pending

986application is moot.

989RECOMMENDATION

990Based upon the foregoing Findings of Fact and Conclusions of

1000Law set forth herein, it is

1006RECOMMENDED:

1007That the Department enter a final order which would deny the

1018current application as moot.

1022DONE AND ENTERED this 14th day of June, 1999, in

1032Tallahassee, Leon County, Florida.

1036STEPHEN F. DEAN

1039Administrative Law Judge

1042Division of Administrative Hearings

1046The DeSoto Building

10491230 Apalachee Parkway

1052Tallahassee, Florida 32399-3060

1055(850) 488-9675 SUNCOM 278-9675

1059Fax Filing (850) 921-6847

1063www.doah.state.fl.us

1064Filed with the Clerk of the

1070Division of Administrative Hearings

1074this 14th day of June, 1999.

1080COPIES FURNISHED:

1082Yolanda Cheesmon

10841012 Yates Avenue

1087Blountstown, Florida 32424

1090John R. Perry, Esquire

1094Department of Children

1097and Family Services

11002639 North Monroe Street, Suite 252A

1106Tallahassee, Florida 32399-2949

1109Gregory D. Venz, Agency Clerk

1114Department of Children

1117and Family Services

1120Building 2, Room 204

11241317 Winewood Boulevard

1127Tallahassee, Florida 32399-0700

1130John S. Slye, General Counsel

1135Department of Children

1138and Family Services

1141Building 2, Room 204

11451317 Winewood Boulevard

1148Tallahassee, Florida 32399-0700

1151NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

1157All parties have the right to submit written exceptions within 15

1168days from the date of this recommended order. Any exceptions to

1179this recommended order should be filed with the agency that will

1190issue the final order in this case.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 01/11/2000
Proceedings: Final Order Reversing Recommended Order and Denying Application for Licensure filed.
PDF:
Date: 12/27/1999
Proceedings: Agency Final Order
PDF:
Date: 06/14/1999
Proceedings: Recommended Order
PDF:
Date: 06/14/1999
Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 04/22/99.
Date: 04/28/1999
Proceedings: (Respondent) Proposed Recommended Order filed.
Date: 04/22/1999
Proceedings: CASE STATUS: Hearing Held.
Date: 04/16/1999
Proceedings: Order Designating Room Location sent out.
Date: 01/20/1999
Proceedings: Notice of Hearing and Order sent out. (hearing set for 4/22/99; 10:00am; Panama City)
Date: 01/07/1999
Proceedings: (Respondent) Response to Initial Order filed.
Date: 12/28/1998
Proceedings: Initial Order issued.
Date: 12/21/1998
Proceedings: Notice; Agency Denial Letter; Request for Hearing (letter form) filed.

Case Information

Judge:
STEPHEN F. DEAN
Date Filed:
12/21/1998
Date Assignment:
12/28/1998
Last Docket Entry:
01/11/2000
Location:
Panama City, Florida
District:
Northern
Agency:
ADOPTED IN PART OR MODIFIED
 

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