08-000209 Figueroa Family Day Care Home vs. Department Of Children And Family Services Status: Closed Recommended Order on Monday, April 14, 2008.

Summary: Petitioner`s false response on application for family day care home license warrants denial.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FIGUEROA FAMILY DAY CARE HOME, )

)

Petitioner, )

)

vs. ) Case No. 08-0209

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

On March 14, 2008, a formal administrative hearing in this

case was held in Lakeland, Florida, before William F.

Quattlebaum, Administrative Law Judge, Division of

Administrative Hearings.

APPEARANCES

For Petitioner: (No appearance)

For Respondent: Richard Cato, Esquire

Department of Children and

Family Services

4720 Old Highway 37

Lakeland, Florida 33813-2030

STATEMENT OF THE ISSUE

The issue in the case is whether the application filed by

the Petitioner for licensure to operate a family day care home

should be approved.

PRELIMINARY STATEMENT

By certified letter dated August 31, 2007, the Department

of Children and Family Services (Respondent) notified Ms. Evelyn

Figueroa (Petitioner) that her application for licensure to

operate a family day care home was denied. The Petitioner filed

a request for hearing with the Respondent. The matter was

originally scheduled for an informal hearing, but was

subsequently referred to the Division of Administrative Hearings

for a formal proceeding.

The Petitioner did not attend the hearing. The Respondent

presented the testimony of two witnesses and had Exhibits 1

through 6 admitted into evidence.

No transcript of the hearing was filed. The Respondent

filed a Proposed Recommended Order.

FINDINGS OF FACT

1. On December 11, 2006, the Petitioner filed an

application with the Respondent for licensure to operate a

family day care home.

2. The application included the following question:

Has the owner/operator ever had a license

denied, revoked, or suspended in any state

or jurisdiction or been the subject of a

disciplinary action or been fined while

employed as a family day care home provider.

3. The application clearly stated that falsification of

application information was grounds for denial of the license.

4. The Petitioner responded "no" to the question regarding

whether a previous license had ever been denied, revoked or

suspended.

5. The Petitioner's response to the question was false.

6. The Petitioner previously operated a licensed family

day care home in Osceola County, Florida. The license was

revoked in 2003 for the reasons set forth in a Notice of

Revocation sent to the Respondent by certified mail dated

August 6, 2003.

7. There is no evidence that the Respondent did not

receive the Notice of Revocation.

8. The evidence is unclear as to the number of the revoked

license number which appears as FO7OS0002 in the August 6, 2003,

Notice of Revocation and as FO9OS0002 in the August 31, 2007,

Notice of Denial at issue in this proceeding. Nonetheless, the

evidence clearly establishes that the family day care home

license held by the Petitioner in 2003 was revoked.

CONCLUSIONS OF LAW

9. The Division of Administrative Hearings has

jurisdiction over the parties to and subject matter of this

proceeding. §§ 120.569 and 120.57(1), Fla. Stat. (2007).

10. The Petitioner has the burden of establishing

entitlement to the licensure sought in this proceeding by a

preponderance of the evidence. See Department of Banking &

Finance, Division of Securities & Investor Protection v. Osborne

Stern & Company , 670 So. 2d 932, 934 (Fla. 1966); Ferris v.

Turlington, 510 So. 2d 292 (Fla. 1987); § 120.57(1)(j), Fla.

Stat. (2007). Because the Petitioner did not attend the hearing

and presented no evidence, the burden has not been met.

11. The evidence establishes that a prior license for a

family day care home operated by the Petitioner had been

revoked, that the Petitioner was notified of the revocation, and

that the Petitioner failed to disclose the information on the

application at issue in this proceeding.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Petitioner's application for

licensure to operate a licensed family day care home be denied.

DONE AND ENTERED this 14th day of April, 2008, in

Tallahassee, Leon County, Florida.

S

WILLIAM F. QUATTLEBAUM

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 14th day of April, 2008.

COPIES FURNISHED :

Richard Cato, Esquire

Department of Children and

Family Services

4720 Old Highway 37

Lakeland, Florida 33813-2030

Evelyn Figueroa

Figueroa Family Day Care Home

610 Gazelle Drive

Poinciana, Florida 34759

Gregory Venz, Agency Clerk

Department of Children and

Family Services

Building 2, Room 204B

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

John Copelan, General Counsel

Department of Children and

Family Services

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Robert Butterworth, Secretary

Department of Children and

Family Services

Building 1, Room 202

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.