16-006032 Department Of Children And Families vs. Ruby's Little Creations Childcare Status: Closed Recommended Order on Wednesday, February 8, 2017.

Summary: The Department proved that Respondent violated Florida Statutes and Rules; revocation of license warranted.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF CHILDREN AND

FAMILIES,

Petitioner,

vs. Case No. 16 - 6032

RUBY'S LITTLE CREATIONS

CHILDCARE,

Respondent.

_______________________________/

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case on

November 28, 201 6 , via video teleconference sites in Orlando and

Tallahassee, Florida. The parties appeared before Administrative

Law Judge Lynne A. Quimby - Pennock of the Division of

Administrative Hear ings (DOAH).

APPEARANCES

For Petitioner: Brian Christopher Meola, Esquire

Suite S - 1129

400 West Robinson Street

Orlando, Florida 32801

For Respondent: Jacques Lee Cooper, Esquire

Attor ney DMV

2509 Eliot Place

Temple Hills, Maryland 20748

STATEMENT OF THE ISSUE

Whether RubyÓs Little Creations Childcare (Resp ondent)

violated provisions of c hapter 402, Florida Statutes (2016),

and/or Florida Administrati ve Code Chapter 65C - 22, such that its

license should be disciplined.

PRELIMINARY STATEMENT

On September 8, 2016, the Department of Children and Families

(Department or DCF) issued an Administrative Complaint (AC)

a lleging multiple violations of c hapter 402 r ule 65C - 22.

Respondent filed an ÐOfficial Request for Formal Administrative

Hearing.Ñ On October 18, 2016, the AC and RespondentÓs request

were forwarded to DOAH. Following input from both parties, the

undersigned scheduled the case to be heard on Nov ember 28 , 2016 .

The hearing took place as scheduled.

Prior to the hearing, DCF filed an Amended Motion to Allow

Child Victim Hearsay. RespondentÓs counsel did not object to the

Amended Motion and it was granted.

At the final hearing, DCF presented the te stimony of five

witnesses: S.P . , mother of two former students of Respondent 1/ ;

Sheena Simpson, former employe e of Respondent; Acacia Vierbick y,

DCF child protective investigator; Ida Vargas, DCF family series

counselor; and Christina Bryant, DCF child ca re licensing

supervisor. DCF offered ten exhibits whic h were received into

evidence.

Respondent presented the testimony of its owner, Shaquawinna

Benjamin , and Shiffone Blake, RespondentÓs former employee.

Respondent offered three exhibits, which were fi led with DOAH on

December 15, 2016. RespondentÓs E xhibit 2 was admitted without

objection; however , Petitioner did object to RespondentÓs

Exhibit 1 2 / and C omposite Exhibit 3. To the extent that

RespondentÓs Exhibits 1 and 3 contained statements from per sons

who did not testify and were not subject to cross - examination,

those statements were not considered. I n cluded in RespondentÓs

December 15th pleading was a reference to two ÐProposed Exhibits

for the Respondent.Ñ These two proposed exhibits (Ð1. Char acter

Reference Letters (7) [and] 2. Police Incident ReportÑ ) were not

provided.

At the conclusion of the hearing, the parties were advised

when their proposed recommended orders (PROs) would be due.

Petitioner moved that the PROs be due 20 days following the

receipt of the transcript. RespondentÓs counsel did not object,

and the undersigned gran ted PetitionerÓs request. The T ranscript

was filed on January 10, 2017, and a Notice of Filing Transcript

was issued setting forth the due date for the PROs. Pe titioner

timely filed its PRO, which has been considered in the preparation

of this Recommended Order. To date, R espondent has not filed a

PRO.

Unless otherwise indicated, all references are to the 2016

version of the Florida Statutes. References to the Florida

Administrative Code are to the current version, unless otherwise

indicated.

FINDING S OF FACT

BACKGROUND

1. The Department is the state agency responsible for

inspecting, licensing, and monitoring child care facilities such

as the one operated by R espondent. It is the Department Ó s

responsibility to ensure that all such facilities are safe and

secure for the protection of the children utilizing those

facilities. The Department inspects each licensed day care center

several times a year. In the eve nt of a complaint, additional

inspections and/or investigations are conducted.

2. Ms. Benjamin owns, operates and directs Respondent.

Respondent holds a ÐRegular License,Ñ and is located at 1041 North

Pine Hills Road, Orlando, Florida. Respondent opened in May 2014,

and was in continuous operation at all times material to this

complaint .

3. Ms. Benjamin hired Ms. Simpson to work for Respondent in

March 201 6. Other employees included Shi ffion Blake and Dor o thy

Massenburg.

4. Ida Vargas is a family serv ice counselor for the

Department. Counselor Vargas is trained to inspect day care

centers for initial applications, renewal applications and routine

inspections. When allegations of violations are reported,

Counselor Vargas investigates those allegations . I n the process

of investigating allegations, Counselor Vargas may inspect the

premises for health and safety issues. She is familiar with

Respondent, having inspected it while it was operational.

5 . Investigator Vierbicky has five years of experience as a

DCF child protective investigator. Her duties and

responsibilities focus on child abuse and/or child neglect issues

and include investigating day care centers, institutions where

children are involved in Baker Act proceedings, and human

trafficking.

ENFORCEMENT STANDARDS

6 . Class I violations Ð are the most serious in nature, pose

an imminent threat to a child including abuse or neglect and which

could or does result in death or serious harm to the health,

safety or well - being of a child. Ñ See Fl a. A dmin . Code R . 65C -

22.010(1)(d)1.

7 . C lass II violations Ð are less serious in nature than

Class I violations, and could be anticipated to pose a threat to

the health, safety or well - being of a child, although the threat

is not imminent . Ñ See Fl a. Admin . Code R . 65C - 22.010(1)(d)2.

8 . Class III violations Ð are the most common violations, are

less serious in nature than either Class I or Class II violations,

and pose a low potential for harm to children. Ñ See Fl a. Admin .

Code R . 65C - 22.010(1)(d)3.

ALLEGAT IONS

9. In July 2016, DCF received allegations against

Respondent. Those allegations included: children handing out

RespondentÓs flyers in neighborhoods seeking clients; children

cleaning Ms. BenjaminÓs home; and a child being placed in a high

chair for punishment.

10 . DCF Investigator Vierbicky and Counselor Vargas were

assigned t o investigate the allegations. Once assigned, DCF

employee s may conduct further inspections of facilities to ensure

childrenÓs safety.

A. PASSING OUT RESPONDENTÓS FLYERS

11 . Investigator Vierbicky interviewed one of the children

who allegedly passed out RespondentÓs flyers and went to

Ms. BenjaminÓs home and cleaned. The interview occurred at the

childÓs home. Based on the responses she received from the child,

Investiga tor Vierbicky determined to go to RespondentÓs facility

for additional interviews with other children. Counselor Vargas

and Investigator Vierbicky went to RespondentÓs facility to

conduct a joint investigation/inspection of RespondentÓs facility.

12 . In June 2016, Ms. Simpson took several of RespondentÓs

children , in RespondentÓs van, to an apartment complex and told

the children to put the flyers on the windshields of parked cars.

Ms. Simpson stayed in RespondentÓs van while the children placed

the flye rs on the various cars. Ms. SimpsonÓs testimony is found

credible.

1 3 . Investigator Vierbicky, with Counselor Vargas present,

interviewed other children as part of the investigation at

RespondentÓs facility. The other children confirmed the first

childÓ s recollection of going out into a neighborhood and placing

flyers on car windshields or doors. The children also confirmed

that RespondentÓs employees remained in RespondentÓs van while the

c hildren passed out the flyers. This was a Class III violation.

1 4 . Ms. Benjamin admitted that she held weekly staff

meetings and discussed ways to improve RespondentÓs business.

Ms. Benjamin denied that she authorized her employees or any

children to hand out the flyers. Ms. Benjamin confirmed that the

flyers (Pe titionerÓs Exhibit 2) were prepared and paid for by her.

Ms. Benjamin admitted that the flyers were by RespondentÓs door,

and available for anyone to take . The flyers did not contain

RespondentÓs license number as required. This was a Class III

violatio n . Investigator Vierbicky and Counselor Vargas c onfirmed

that children in RespondentÓs care were taken outside RespondentÓs

facility to pass out flyers. This was a Class I violation .

B. HOUSE CLEANING

15 . Ms. Benjamin admitted that Ms. Simpson brought several

of RespondentÓs children to Ms. BenjaminÓs home in RespondentÓs

van. Ms. Benjamin denied that she asked Ms. Simpson to bring the

children to the Benjamin home. Ms. Benjamin claimed she asked

Ms. Simpson to bring some contracts found on Responden tÓs printer

to her. When Ms. Simpson arrived at the Benjamin home, the

children were directed to get out of the van and go into

Ms. BenjaminÓs home.

16 . While at Ms. BenjaminÓs home, one child got into a

bathroom cabinet where makeup was kept. The chil d made a mess

with the makeup he found in the cabinet. Ms. Benjamin gave the

child cleaning supplies and directed the child to clean up the

bathroom mess. The child did so. This was a Class I violation .

Ms. Benjamin also admitted that after t he bathroo m mess was

cleaned up , the children got back into RespondentÓs van .

Ms. Simpson then drove the children back to RespondentÓs facility .

This was a Class II violation .

1 7 . Ms. Benjamin did not notify the childrenÓs parents or

DCF that the children were t aken to her home. Additionally,

Ms. Benjamin did not notify the childÓs parents or DCF that the

child had cleaned a bathroom. This was a Class I violation .

C. HIGH CHAIR PUNISHMENT

1 8 . S.P., the mother of two children who attended

Respondent, arrived at the day care on three or four occasions and

found her youngest child (A.P. , a three - year - old ) sitting in a

high chair. Ms. Simpson admitted that she placed A.P. in the high

chair at Ms. BenjaminÓs direction. The disciplinary method used

by Respondent was to place a child in a high chair until the child

calmed down. This was a Class I violation . A.P. was a

hyper active child, and when he did something inappropriate , he was

placed in the high chair as punishment. Once A.P. calmed down, he

was taken out of the high chair, but at the slightest wrong move,

he was placed back in the high chair. A photograph of a high

chair without a tray attached was entered into evidence

( PetitionerÓs Exhibit 3).

D. ADDITIONAL ALLEGATIONS

19 . While at RespondentÓs facil ity, Investigator Vierbicky

and Counselor Vargas conducted an inspection. During the

inspection , they discovered several environmental hazards. The

DCF workers noticed a set of accordion doors that were unclean and

dusty. When they opened the accordion doors, the air condition

unit (AC unit) was visible. The AC unit and its filter were

filthy. When the AC unit filter was removed there wa s trash found

in the duc t work. 3/ This was a Class III violation .

20 . In a different closet, the sleeping mats used by the

children for nap time were stacked together with the sheets still

attached. 4/ Sleeping mats are to be stored without sh eets to

limit germ transfers. This was a Class III violation.

21 . M s. Benjamin admitted that RespondentÓs children were

taken o n several Ðnature walksÑ to Barnett Park (Park), which was

down the street from RespondentÓs facility. There were no

sidewalks on the street, and the children walked from RespondentÓs

facility to the Park either on the street itself or on the

shoulder of the street. This was a Class II violatio n.

22 . Ms. Benjamin admitted that on June 20, 2016, she took at

least two children to the Park. While at the Park, one of the

children inappropriately poked another child with a stick.

Respondent failed to apply for approval of a safety plan that

would allow the children to leave RespondentÓs facility and walk

to the Park. This was a Class II violation.

2 3 . Ms. Benjamin never sought to have RespondentÓs facility

approved to transport children. Respondent had a van, but it was

never inspected . This was a Class III violation . T he status of

adequate automobile insurance remains unclear. Respondent did not

have the appropriate driver credentials or vehicle inspection

reports for RespondentÓs van. Ms. Simpson adm itted that she was

RespondentÓs van driver . S he never qualified to be the driver for

Respondent, her credentials were never scrutinized to become an

authorized driver, and she did not have a physical examination on

record to be a driver to transport Respo ndentÓs children. These

were multiple Class III violation s . Further, Respondent did not

maintain a log of the various trips the children took in the van.

This was a Class III violation .

2 4 . During the April 2016 inspection , Counselor Vargas

directed Ms . Benjamin to fire Ms. Simpson because Ms. Simpson had

a disqualifying offense in her background screening. The evidence

at hearing reflected that Ms. Simpson was still employed by

Respondent in June 2016, although Ms. Benjamin testified that

Ms. Simpson was fired after Ms. Simpson brought the children from

Respondent to Ms. BenjaminÓs house and back. The exact date of

the trip to Ms. BenjaminÓs house was never established ; however ,

Ms. Simpson was still employed by Respondent in June 2016 , without

havin g the requisite clean background scr eening . This was a

Class III violation .

25 . Additionally, documentation of training by RespondentÓs

staff was missing from its records. This was a Class III

violation.

PRIOR VIOLATIONS

26 . Respondent has had four pr ior Administrative Complaints

issued against it during its short operation. The four included:

a . April 21, 2016: This Administrative

Complaint alleged that Respondent did not

timely file its renewal application.

Respondent submitted the appropriate re newal

form 25 days after the due date. The

administrative fine of $100 was paid on May 9,

2016.

b. December 1, 2015: This Administrative

Complaint alleged that RespondentÓs personnel

records did not include a signed CF - FSP 5337

Child Abuse and Neglect Reporting Requirements

form. The administrative fine of $30 was paid

on May 9, 2016.

c. November 3, 2015: This Administrative

Complaint alleged that RespondentÓs personnel

records did not include: a signed CF - FSP 5337

Child Abuse and Neglect Reporting Requirements

form; the appropriate background screening

documents (CF - FSP Form 5131) for employees;

the completed Child Care Affidavit of Good

Moral Character prior to the hire date for

employees; and the verification of employment

history for the past 2 years. The

administrative fine of $185 was paid on May 9,

2016.

d. May 8, 2015: This Administrative

Complaint alleged that Respondent did not

timely file its renewal application.

Respondent submitted the appropriate renewal

form 25 days after the due date. The

administrative fine of $50 was paid on

May 19, 2015.

CONCLUSIONS OF LAW

27 . The Division of Administrative Hearings has jurisdiction

over the subject matter and parties to this action in accordance

with sections 120.569 and 120.57(1), Florida Statutes.

28 . The Department is the state agency responsible for

licensing and regulating Respondent Ós facilities. See §§ 402.301

and 402.319 , Fla. Stat . The Department is authorized to issue a

license to Respondent when specified requirements are met. See

§ 402.308(3)(d) , Fla . Stat .

29 . The Department bears th e burden to prove that Respondent

committed the violations alleged in the September 8, 2016 , AC. As

stated by the Supreme Court of Florida in Department of Banking &

Finance, Division of Secur ity & Investor Prot ection v. Osborne

Stern & Co mpany , 670 S o. 2d 93 2, 934 (Fla. 1996):

The general rule is that a party asserting

the affirmative of an issue has the burden of

presenting evidence as to that issue.

Florida Dep artment of Transp oration v . J. W.C.

Co mpany , 396 So. 2d 778 (Fla. 1st DCA 1981).

Thus, the majority is correct in its

observation that appellants had the burden of

presenting evidence of their fitness for

registration. The majority is also correct

in its holding that the Department ha d the

burden of presenting evidence that appellants

had violated certain statutes and were thus

unfit for registration. The majorityÓs

conclusion, however, that the Department had

the burden of presenting its proof of

appellantsÓ unfitness by clear and co nvincing

evidence is wholly unsupported by Florida law

and inconsistent with the fundamental

principle that an applicant for licensure

bears the burden of ultimate persuasion at

each and every step of the licensure

proceedings, regardless of which party be ar

the burden of presenting certain evidence.

This holding is equally inconsistent with the

principle that an agency has particularly

broad discretion in determining the fitness

of applicants who seek to engage in an

occupation the conduct of which is a

p rivilege rather than a right.

30 . Section 402.301 provides the following:

Child care facilities; legislative intent and

declaration of purpose and policy. Ï It is the

legislative intent to protect the health,

safety, and well - being of the children of the

s tate and to promote their emotional and

intellectual development and care. Toward

that end:

(1) It is the purpose of ss. 402.301 - 402.319

to establish statewide minimum standards for

the care and protection of children in child

care facilities, to ensure maintenance of

these standards, and to approve county

administration and enforcement to regulate

conditions in such facilities through a

program of licensing.

(2) It is the intent of the Legislature that

all owners, operators, and child care

personnel s hall be of good moral character.

(3) It shall be the policy of the state to

ensure protection of children and to encourage

child care providers and parents to share

responsibility for and to assist in the

improvement of child care programs.

31 . Section 402.310 provides the following in pertinent

part:

(1)(a ) The department . . . may administer

any of the following disciplinary sanctions

for a violation of any provision of ss.

402.301 - 402.319 , or the rules adopted

thereun der:

* * *

3. Deny, suspend, or revoke a license or

registration.

(b) In determining the appropriate

disciplinary action to be taken for a

violation as provided in paragraph (a), the

following facto rs shall be considered:

1. The severity of the violation, including

the probability that death or serious harm to

the health or safety of any person will result

or has resulted, the severity of the actual or

potential harm, and the extent to which the

provisions of ss. 402. 301 - 402.319 have been

vio lated.

2. Actions taken by the licensee or

registrant to correct the vio lation or to

remedy complaints.

3. Any previous violations of the licensee or

registrant.

(c) The department shall adopt rules to:

1. Establish the grounds under which the

depar tment may deny, suspend, or revoke a

license or registration or place a licensee or

registrant on probation status for violations

of ss. 402.301 - 402.319.

2. Establish a uniform system of procedures

to impose disciplinary sanctions for

violations of ss. 4 02.301 - 402.319. The

uniform system of procedures must provide for

the consistent application of disciplinary

actions across districts and a progressively

increasing level of penalties from

predisciplinary actions, such as efforts to

assist licensees or re gistrants to correct the

statutory or regulatory violations, and to

severe disciplinary sanctions for actions that

jeopardize the health and safety of children,

such as for the deliberate misuse of

medications. The department shall implement

this subparag raph on January 1, 2007, and the

implementation is not contingent upon a

specific appropriation.

3 2 . Section 402.305 provides in pertinent part:

(12) CHILD DISCIPLINE. Ï

(a) Minimum standards for child discipline

practices shall ensure that age - approp riate,

constructive disciplinary practices are used

for children in care. Such standards shall

include at least the following requirements:

1. Children shall not be subjected to

discipline which is severe, humiliating, or

frightening.

* * *

3. Spanking or any other form of physical

punishment is prohibited.

3 3 . Section 402.318 provides:

Advertisement. Ï A person, as defined in

s. 1.01(3), may not advertise a child care

facility, family day care home, or large

family child care home without i ncluding

within such advertisement the state or local

agency license number or registration number

of such facility or home. Violation of this

section is a misdemeanor of the first degree,

punishable as provided in s. 775.082 or s.

775.083.

3 4 . Rule 65C - 22.001 provides in pertinent part:

(5) Supervision.

(a) Direct supervision means actively

watching and directing childrenÓs activities

within the same room or designated outdoor

play area, and responding to the needs of each

child. Child care personne l at a facility

must be assigned to provide direct supervision

to a specific group of children, and be

present with that group of children at all

times. When caring for school - age children,

child care personnel shall remain responsible

for the supervision of the children in care,

shall be capable of responding to emergencies,

and are accountable for children at all times,

including when children are separated from

their groups.

* * *

(6) Transportation. For the purpose of this

section, vehicles refer to those that are

owned, operated or regularly used by the child

care facility and vehicles that provide

transportation through a contract or agreement

with an outside entity. ParentsÓ personal

vehicles used during field trips are excluded

from mee ting the requirements in paragraphs

65C - 22.001(6)(a)2., (b) and (c), F.A.C.

(a) When any vehicle is regularly used by a

child care facility to provide transportation,

the driver shall have the following:

1. A valid Florida driverÓs license,

2. An an nual physical examination which

grants medical approval to drive, and valid

certificate(s) of course completion for first

aid training and infant and child

cardiopulmonary resuscitation (CPR)

procedures.

(b) All child care facilities must comply

with the insurance requirements found in

Section 316.615(4), F.S.

(c) All vehicles regularly used to transport

children shall be inspected annually by a

mechanic to ensure proper working order.

Documentation by the mechanic shall be

maintained in the vehicle.

* * *

(f) When transporting children, staff - to -

child ratios must be maintained at all times.

The driver may be included in the staff - to -

child ratio. Prior to transporting children

and upon the vehicle(s) arrival at its

destination, the followin g shall be conducted

by the driver(s) of the vehicle(s) used to

transport the children:

1. DriverÓs Log. A log shall be maintained

for all children being transported in the

vehicle. The log shall be retained for a

minimum of four months. The log shall include

each childÓs name, date, time of departure,

time of arrival, signature of driver, and

signature of second staff member to verify the

driverÓs log and that all children have left

the vehicle.

2. Upon arrival at the destination, the

driver of the v ehicle shall:

a. Mark each child off the log as the

children depart the vehicle;

b. Conduct a physical inspection and visual

sweep of the vehicle to ensure that no child

is left in the vehicle; and

c. Sign, date and record the driverÓs log

immediatel y, verifying that all children were

accounted for, and that the visual sweep was

conducted.

3. Upon arrival at the destination, a second

staff member shall:

a. Conduct a physical inspection and visual

sweep of the vehicle to ensure that no child

is lef t in the vehicle; and

b. Sign, date and record the driverÓs log

immediately, verifying that all children were

accounted for and that the log is complete.

* * *

(8) Child Discipline.

* * *

(b) All child care personnel must comply wit h

the facilityÓs written disciplinary policy.

Such policies shall include standards that

prohibit children from being subjected to

discipline which is severe, humiliating,

frightening, or associated with food, rest, or

toileting. Spanking or any other fo rm of

physical punishment is prohibited for all

child care personnel.

* * *

(11) Child Safety.

(a) Acts or omissions that meet the

definition of child abuse or neglect provided

in Chapter 39, F.S., constitute a violation of

the standards in Se ctions 402.301 - .319, F.S. ,

and shall support imposition of a sanction, as

provided in Section 402.310, F.S.

(b) Failure to perform the duties of a

mandatory reporter pursuant to Section 39.201,

F.S., constitutes a violation of the standards

in Sections 4 02.301 - .319, F.S.

35 . Rule 65C - 22.002 provides in pertinent part:

Physical Environment.

(1) General Requirements.

(a) All child care facilities must be clean,

in good repair, free from health and safety

hazards and from vermin infestation.

* * *

(10) Health and Sanitation.

* * *

(c) Bedding and Linens.

* * *

3. Linens, when not in use, must be stored in

a sanitary manner which prevents the spread of

germs or lice from other linens.

* * *

(11) Equipment and F urnishings.

(a) Indoor Equipment.

* * *

2. Toys, equipment, and furnishings must be

safe and maintained in a sanitary condition,

and shall be cleaned and sanitized or

disinfected immediately if exposed to bodily

fluids, such as saliva.

3 6 . Rule 65C - 22.003 provides in pertinent part:

(4) Documentation of Training. Effective

October 1, 2010, the departmentÓs Training

Transcript will be the only acceptable

verification of successful completion of the

departmentÓs training. Training completio n

documented on CF - FSP Form 5267, March 2009,

Child Care Training Course Completion

Certificate, which is incorporated by

reference, will no longer be accepted by the

department after October 1, 2010, nor will any

previous version of the form. Form CF - FSP

5267 is provided to participants upon

completion of a department approved training

course. A copy of the departmentÓs Training

Transcript may be obtained from the

departmentÓs website at

www.myflorida.com /childcare .

(a) A copy of the Training Transcript must be

included in each staff memberÓs child care

personnel record and maintained at each child

care facility.

3 7 . Rule 65C - 22.006 provides in pertinent part:

(4) Personnel Records. Records shall be

maintained and kept current on all child care

personnel, as defined by Section 402.302(3),

F.S., and household members if the facility is

located in a private residence. These shall

include:

* * *

(g) DriverÓs license and driver physical

exami nation documentation. A copy of the

driverÓs license and the physician

certification, or another form containing the

same elements of the physician certification,

granting medical approval to operate the

vehicle, and valid certificate(s) of course

complet ion for first aid training and infant

and child cardiopulmonary resuscitation (CPR)

procedures must also be maintained in the

driverÓs personnel file.

38 . According to rule 65C - 22.010(2)(a), enforcement of

disciplinary sanctions shall be applied progressi vely for each

standard violation. The various class violations are found in

paragraphs 6, 7, and 8 , above.

3 9 . The Department proved by clear and convincing evidence

that Respondent has committed four Class I violations and multiple

Class II and Class II I violations.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Department of Children and

Families enter a final order REVOKING RespondentÓs license. 5/

DONE AND ENTERED this 8 th day of February , 2017 , in

Tallahassee, Leon County, Florida.

S

LYNNE A. QUIMBY - PENNOCK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 8 th day of February , 2017 .

ENDNOTE S

1/ In order to protect the childrenÓs privacy, th is Recommended

Order refers to the children and thei r parents by initials.

2/ At the beginning of the hearing, Respondent expressed the

intention to call Dorothy Massenb u rg, the author of Exhibit 1 to

testify. However , the hearing was longer than either party

anticipated , and Ms. Massenb u rg did not testi fy. The undersigned

offered the parties the opportunity to continue the hearing to a

date certain, or keep the record open to allow Ms. Massenb u rgÓs

deposition to be taken and included in the record. Petitioner

rested its case, and RespondentÓs represent ative opted to end the

hearing on November 28, 2016.

3/ The following week a re - inspection was conducted and the AC

unit and filter were clean .

4/ The following week a re - inspection was conducted and the

environmental hazards were corrected.

5/ The A C indicated the Department was proposing a revocation of

RespondentÓs license and a total fine of $2,000 . The fine was not

listed in the DepartmentÓs PRO recommendation and will not be

included.

COPIES FURNISHED:

Paul Sexton, Agency Clerk

Department of Children and Families

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

Jacques Lee Cooper, Esquire

Attorney DMV

2509 Eliot Place

Temple Hills, Maryland 20748

(eServed)

Brian Christopher Meola, Esquire

Suite S - 1129

400 West Robinson Street

Orlando, Florida 32801

(eServed)

Rebecca Kapusta, General Counsel

Department of Children and Families

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

Mike Carroll, Secretary

Department of Children and Families

Building 1, Room 202

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

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.