19-001061 Department Of Children And Families vs. Gallops Family Center, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 21, 2019.

NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY

A PARTY PURSUANT 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

Camille Larson, Esq. Claudio Llado, Clerk

Assistant General Counsel Division of Administrative Hearings

Department of Children and Families Three DeSoto Building

2383 Phillips Rd . 1230 Apalachee Parkway

Tallahassee, FL 32308 Tallahassee, FL 32301

Thomas F. Congdon, Esq.

8112 Blue Quill Tr.

Tallahassee, FL 32312

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 this Order is the date that is stamped on its first page.

STATE OF FLORIDA

DIVISION OF HEARI:SGS

DEPARTMENT OF

CHILDRES AND FAMILIES,

Case Nos. 19-1060

Petitioner. 19-1061

19-1062

vs.

GALLOP•s FAMILY CF:STER, IS C.

Respondent.

SETTLEMENT GREEME.ST

Petitioner. Dl.!partmcnt of Children and Families (herein after the .. Department'') . and

Ri!spondent. Gall\\lp':, famil} Center. Iuc, agree to the in order to thil'

matwr:

a. The parties a[.,:rrcc that no benefit will \\.iome from further litigation in this matter. Both

parties have already incurred a loss of time related to litigation . ln urder to re;:solve this

matter. the parties aJ:,'fee that the final hearing will be canceled.

b. This matter was pending in tu fuur administrative complaints issued by the

Department. The parties agree that the finc:s contained in those complaints have already

been satisfied and therefore no further fines will be due to the Department in relation to

these four administrative complaints at issue here

c. The four Class 11 "iolations as related to fur ratio of childcare persunnel to

children in the facility will remain .

d. In response to the fourth ratio vi"•lation as cited by the Department, the Respondent shal1

be issueJ a probationary lice-nse. The probationary license l'hall run from January 7, 2019

to July 7 , 2019. lf no further ratio \\iolations are cited prior to July 7 , 2019, then the

Respondent shall be tssued a regular license to operate on July 2019.

e. Sh<,uld respondent="" be="" cited="" for="" a="" fifth="" class="" u="" ratio="" violation,="" the="" dq)artment="" agrees="">

it will not punme action to revoke the Respondent's license based on . the

Cta:;s U ratio violation. Howe v d', the Department may seek administrative action to

su s pend Resp. •ndent' up hJ one full day . Re ... ptmdent shall be provided

tht: opportunity h; the day facility uperations "ill be i;USpt:nded.

f. The dtation related to the late application for the n .. 'tle\\\\ al application will remain in place .

g. The citation as to • the: violation tor in-'let'\\ training requirements shall in place.

h. The as to the -. io lahon related to initial training fur childcare personnel shall remain

in place.

1. The citation as tt) the vicllation related to a ph}sical examination on file for all drh·ers of

all facility vans shall remain in place.

J The Department shall the iolation related to the improper storage of cleaning

supplies as cited on November 14, 2018. The Respondent agrees to further train all

employees regarding the safe use and &torage of cleaning supplies and will look into

installing more shch ing or hooks for the placement of the cleaning supplios when not in

direct use to ensure that no children can access said cleaning supplies.

k. The Respondent will not request further recourse or c1ppellate re\\ie\\\\ ufthi

L All parti ... -s agrel.! to incur their own costs and fees.

Reviewed and agreed upon by:

_S?.l 2-Z- g_ -

Date

Florida Department of Children and families

Xurthwest Region Program Safety Manager

Child Care Regulation

, . r

-- - - - - - - -------

Kri!-ial Franklin Date

Ownl!r and Opurator

Gallop's Family ('enter