18-000813 Department Of Children And Families vs. Terri Hall, D/B/A Children Of Liberty Child Care Center Status: Closed Recommended Order on Wednesday, March 28, 2018.

Summary: Petitioner failed to meet its burden of proof.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF CHILDREN AND

FAMILIES,

Petitioner,

vs. Case No. 18 - 0813

TERRI HALL, d/b/a CHILDREN OF

LIBERTY CHILD CARE CENTER,

Respondent.

_______________________________/

RECOMM ENDED ORDER

Pursuant to notice to all parties , a final hearing was

conducted in this case on March 26, 2018, in Jacksonville ,

Florida, before Administrative Law Judge R. Bruce McKibben of

the Division of Administrative Hearings (ÐDOAHÑ) . The parties

were represented as set forth below.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Terri Hall, pro se

Terri Hall, d/b/a Children of Liberty

Child Care Center

232 East 19th Street

Jacksonville, Florida 32206

STATEMENT OF THE ISSUE

The issue in this case is whether just cause exists for

Petitioner, Department of Children and Families (ÐDCFÑ or the

ÐDepartmentÑ), to impose sanctions against Respondent, Terri

Hall , d/b/a Children of Liberty Child Care Center .

PRELIMINARY STATEMENT

T h e Department issued an Administrative Complaint dated

on or about January 8, 2018 , pro posing a monetary fine of

$ 2 00 against Respondent . Respondent timely filed a request for

formal administrative hearing to contest the DepartmentÓs

decision. The final h earing was scheduled on a date provided by

the Department in its Unilateral Response to Initial Order.

At the final hearing, the Department did not make an

appearance . Respondent was in attendance. The undersigned

verified with his administrative assista nt that no one from the

Department had notified DOAH concerning attendance at final

hearing. After a sufficient amount of time, the undersigned

commenced the final hearing and, absent any evidence from the

Department, closed the hearing.

FINDINGS OF FACT

1 . The Department did not provide any evidence to support

the allegations set forth in the Administrative Complaint.

2 . Respondent, Terri Hall, introduced herself to the

Administrative Law Judge.

CONCLUSIONS OF LAW

3 . The Division of Administrative Hearings has

jurisdiction over this matter pursuant to section 120.57,

Florida Statutes. Unless specifically stated otherwise herein,

all references to Florida Statutes will be to the 2016

codification.

4 . In cases where a state agency alleges that a lic ensee

engaged in wrongdoing, the burden is on the Department to prove

the wrongdoing. DepÓ t of Banking and Fin . v. Osborne Stern and

Co. , 670 So. 2d 932, 934 (Fla. 1996).

5 . The standard of proof in this case is clear and

convincing evidence because th e Department is seeking to

discipline Respondent and take action detrimental to it s

license, thus making the matter penal in nature. Ferris v.

Turlington , 510 So. 2d 292 (Fla. 1987).

6 . The Department did not satisfy its burden.

RECOMMENDATION

Upon co nsideration of the foregoing , it is RECOMMENDED that

a final order be entered by Respondent, Department of Children

and Families , dismissing the Administrative Complaint against

Respondent, Terri Hall , d/b/a Children of Liberty Child Care

Center .

DONE AND ENTERE D this 2 8 th day of March, 2018, in

Tallahassee, Leon County, Florida.

S

R. BRUCE MCKIBBEN

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Flo rida 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 2 8 th day of March , 2018 .

COPIES FURNISHED:

Terri Hall

Terri Hall, d/b/a Children of Liberty

Child Car e Center

232 East 19th Street

Jacksonville, Florida 32206

Lacey Kantor, Agency Clerk

Department of Children and Families

Building 2, Room 204Z

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

Roger L. D. Williams, Esquire

Department of Children and Families

5920 Arlington Expressway

Jacksonville, Florida 32231 - 0083

(eServed)

David Gregory Tucker, Esquire

Department of Children and Families

5920 Arlington Expressway

Jacksonville, Florida 32211

(eServed)

John Jackson, Acting Gene ral Counsel

Department of Children and Families

Building 2, Room 204F

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.