18-000041 Department Of Children And Families vs. Kathleen Milton, D/B/A Milton Family Day Care Home Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 14, 2018.

NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY

A PARTY PUSUANT TO SECTION 120 . 68 , FLORIDA STATUTES , AND RULES 9 . 110

AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE . SUCH APPEAL IS

INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY

CLERK OF THE DEPARTMENT OF CHILDREN AND FAMILIES AT 1317 WINEWOOD

BOULEVARD , BUILDING 2 , ROOM 204 , TALLAHASSEE , FLORIDA 32399-0700 , AND

A SECOND COPY ALONG WITH THE FILING FEE AS PRESCRIBED BY LAW , IN THE

DISTRICT COURT OF APPEAL WHERE THE PARTY RESIDES OR IN THE FIRST

DISTRICT COURT OF APPEAL. THE NOTICE OF APPEAL MUST BE FILED

(RECEIVED) WITHIN 30 DAYS OF RENDITION OF THIS ORDER. 1

Copies furnished to the following via U.S . Mail on date of Rendition of this Order . 2

Lisa Ajo, Claudio Llado , Clerk

Assistant Suncoast Regional Counsel Division of Administrative Hearings

Department of Children and Families Three DoSoto Building

9393 N. Florida Ave ., Ste . 900 1230 Apalachee Parkway

Tampa , FL 33612 Tallahassee , FL 32399

Kelly Richard High , Esquire

Bush Ross , Attorneys at Law

PO Box 3913

Tampa , FL 33601-3913

1 The date of the " rendition" of this Order is the date that is stamped on its first page .

2 The date of " rendition " of thi s Order i s the date that is stamped on its first page .

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF CffiLDREN AND

FAMILY SERVICES,

Petitioner,

vs. CASE NO.: 18-0041

KATHLEEN MJLTON d/b/a/

MILTON FAMILY DAY CARE HOME,

Respondent.

JOINT NOTICE OF FILING SETTLEMENT AGREEMENT

Comes Now, Petitioner , Department of Children and Family Services (herein after

" Department " ), and Respondent, Kathleen Milton d/b/a Milton Family Day Care Home , by and

through their respective attorney of record , provide notice to the Court that this case is resolved

and the parties have executed a Settlement Agreement, attached herein .

Dated this 14th day of February 2018.

Respectfully Submitted ,

FBN: 1000536 FBN: 153125

Assistant SunCoast Regional CounseJ Attorney for Respondent , Kathleen Milton

Department of Children and Families Bush Ross

9393 N. Florida Ave., Suite 900 I 801 North Highland Ave

Tampa, FL 33612 Tampa, FL 33602

Tel.: [phone] Tel.: [phone]

Fax: [phone] Fax: [phone]

li [e-mail] khig h Cii), bu s hr oss.o m

NOTICE OF FILING SETILEMENT AGREEMENT

18-0041

Filed February 14, 2018 9:29AM Division of Administrative Hearings

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing has been furnished by eService to:

Honorable Elizabeth W . McArthur, Division of Administrative Hearings, The DeSoto Building,

1230 Apalachee Parkway, Tallahassee, FL, 32399-3060; Kelly High, attorney for Respondent, at

Khigh@bushross . com, this 14th February 2018 .

Assistant SunCoast Regional Counsel

FBN : 1000539

Department of Children and Families

393 N. Florida Ave, Suite 900

Tampa, FL 33625

T: 813-558-5510

F: 813-558-5514

[e-mail]

NOTICE OF FILING SETILEMENT AGREEMENT 2

18-0041

I

STATE OF FLORIDA

DMSION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF CIDLDREN AND FAMILIES,

PETITIONER

vs. Case No.18-G041

KATHLEEN MILTON d/b/a

MILTON FAMILY DAY CARE HOME,

RESPONDENT.

COMES NOW, The Department of Children and Families, Petitioner, and Kathleen Milton

d/bla Milton Family Day Care Home, Respondent, and agree to settle this matter as follows:

UCJTAI.S

WHEREAS, on December 4 , 2017; Petitioner issued an Administrative Complaint

against Respondent located at 1741 Regal Mist Loop, Trinity, Florida 34655, wherein the

Petitioner alleged that on August 21, 2017, Respondent committed four Class I violations in

relation to Respondent's operation of a licensed family home day care, and as a result the

Petitioner proposed to revoke Respondent's license #F06PA0264 and impose a $2,000.00

fine for the alleged violations ($500 . 00 per each violation);

WHEREAS , KA 'IHLEEN MU, TON is the owner and operator of Milton Family Day

Care Home ;

WHEREAS, Respondent timely denied the allegations asserted in the Administrative

Complaint and requested an administrative hearing;

WHEREAS, the parties have agreed to settle this matter on the terms and conditions set

forth below .

TERMS

1. It is understood and ' agreed that this Agreement is a full compromise of a disputed claim

and that the Agreement shall not be .. tt:S an admission of liability.

2. Effective immediately, Respondent hereby voluntarily relinquishes her license

#F06PA0264 , to operate a family day care home at 1741 Regal Mist Loop, Trinity,

Florida 34655, and cease all child care operations at this location.

Settlement Agreement 11-004 I

3 . Respondent withdraws her request for administrative hearing .

4. The Petitioner heleby withdraws the Administrative Complaint and associated

administrative fines .

5 . In the future, should Respondent, or corporate structure she controls, owns or operates, or

serves as director of, apply to operate a licensed child care facility, licensed day care

home, large family day care home, or registered day care home, the Department may

consider and use any and all of the facts and issues raised in the underlying litigation

when deciding whether or not to grant or to deny any such applications or registration.

This language does not pm:lude Respondent from leasing any property they own to

another c hild care provider, provided Respondent is not an owner, operator, employee or

director of any such facility.

6 . Respondent hereby release and forever discharge the Department and its employees liable

or who might be claimed to be liable, from, and covenants never to sue or charge any of

them with respect to, any and all charges, claims, demands, damages, actions, causes of

action, or lawsuits of any kind or nature whatsoever, whether in law or equity, known or

unknown. matmed or WlDlatured. asserted or WJaSSerted, suspected or unsuspected,

including, but not limited to : any claims, rights or demands arising out of any oral or

written contractual relationship; any and all claims, rights or demands, liabilities,

damages, expenses, actions , causes of actions or suits of any kind whatsoever; and any

rights, claims, or demands pertinent to any local, state or federal regulation or law,

including but not limited to common law or statutory claims of any kind whatsoever, tort

claims, common law or statutory claims of any kind whatsoever, incidental or

consequential claims or damages, expenses incurred, litigation expenses, court costs,

attorneys' fees, and any and all other damages or statutory sums whatsoever , known or

unknown, compensatory or punitive, which Respondent may have had or may now or

hereafter have or raise, from the beginning of time until the date of execution of this

Settlement Agreement as to the Department concerning or relating to this case.

7. The parties enter into this agreement fieely and voluntarily and intend to be bound by the

tenns hereof as evidenced by their signatures and effective as dated below .

8. This Settlement Agreement constitutes the entire agreement between the parties .

9 . The parties agree to pay their own attorney's fees and costs and hereby waive any claims

for attorney ' s fees and costs that could be brought in law or equity .

10 . Upon the filing of this settlement agreement with the DOAH, the parties agree to the

entry of a recommended order and final order approving this settlement agreement and

cancelling the final hearing .

Settlement Agreement 18-oo41 2

Agreed to by:

For the Rcspopdcpt;

eenMilton

Owner/Operator of Milton Family Day Care Home

1741 Regal Mist Loop, Trinity, Florida 34655

Respondent

Date :

Kelly High, Esq.

Attorney for Respondent

Florida BarNo .: 153125

Bush Ross

180 I North Highland Avenue

Tampa, Florida 33602

o zlr4 1 ra

Regional Safety Program Manager J

Department of Children and Families · · '

9393 N . Florida Ave, Suite 500

Tampa, FL 33612

Authorized Representative for Petitioner

Date:

Lisa E. Ajo, Esq.

Assistant Regional Counsel

Florida Bar No .: 1 000539

Department of Children and Families

9393 N. Florida Ave, Suite 900

Tampa, FL 33612

Settlement Agreement 11-004 t 3