19-001062 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.


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1NOTICE OF RIGHT TO APPEAL

6THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY

17A PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES 9.110

28AND 9 . 190, FLORIDA RULES OF APPELLATE PROCEDURE. SUCH APPEAL IS

40INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY

53CLERK OF THE DEPARTMENT OF CHILDREN AND FAMILIES AT 1317 WINEWOOD

64BOULEVARD, BUILDING 2, ROOM 204, TALLAHASSEE, FLORIDA 32399-0700, AND

73A SECOND COPY ALONG WITH THE FILING FEE AS PRESCRIBED BY LAW, IN THE

87DISTRICT COURT OF APPEAL WHERE THE PARTY RESIDES OR IN THE FIRST

99DISTRICT COURT OF APPEAL. THE NOTICE OF APPEAL MUST BE FILED

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

120Copies furnished to the following via U.S . Mail on date of Rendition of this Order. 2

137Camille Larson, Esq. Claudio Llado, Clerk

143Assistant General Counsel Division of Administrative Hearings

150Department of Children and Families Three DeSoto Building

1582383 Phillips Rd . 1230 Apalachee Parkway

165Tallahassee, FL 32308 Tallahassee, FL 32301

171Thomas F. Congdon, Esq.

1758112 Blue Quill Tr.

179Tallahassee, FL 32312

1821 The date of the "rendition " of this Order is the date that is stamped on its first page .

2022 The date of " rendition" of this Order is the date that is stamped on its first page.

220STATE OF FLORIDA

223DIVISION OF HEARI:SGS

226DEPARTMENT OF

228CHILDRES AND FAMILIES,

231Case Nos. 19-1060

234Petitioner. 19-1061

23619-1062

237vs.

238GALLOP•s FAMILY CF:STER, IS C.

243Respondent.

244SETTLEMENT GREEME.ST

246Petitioner. Dl.!partmcnt of Children and Families (herein after the .. Department'') . and

259Ri!spondent. Gall\\lp':, famil} Center. Iuc, agree to the in order to thil'

271matwr:

272a. The parties a[.,:rrcc that no benefit will \\.iome from further litigation in this matter. Both

289parties have already incurred a loss of time related to litigation . ln urder to re;:solve this

307matter. the parties aJ:,'fee that the final hearing will be canceled.

319b. This matter was pending in tu fuur administrative complaints issued by the

332Department. The parties agree that the finc:s contained in those complaints have already

345been satisfied and therefore no further fines will be due to the Department in relation to

361these four administrative complaints at issue here

368c. The four Class 11 "iolations as related to fur ratio of childcare persunnel to

383children in the facility will remain .

390d. In response to the fourth ratio vi"•lation as cited by the Department, the Respondent shal1

407be issueJ a probationary lice-nse. The probationary license l'hall run from January 7, 2019

421to July 7 , 2019. lf no further ratio \\iolations are cited prior to July 7 , 2019, then the

439Respondent shall be tssued a regular license to operate on July 2019.

451e. Sh<,uld respondent="" be="" cited="" for="" a="" fifth="" class="" u="" ratio="" violation,="" the="" dq)artment="" agrees="">

453it will not punme action to revoke the Respondent's license based on . the

467Cta:;s U ratio violation. Howe v d', the Department may seek administrative action to

482su s pend Resp. •ndent' up hJ one full day . Re ... ptmdent shall be provided

499tht: opportunity h; the day facility uperations "ill be i;USpt:nded.

510f. The dtation related to the late application for the n .. 'tle\\\\ al application will remain in place .

530g. The citation as to • the: violation tor in-'let'\\ training requirements shall in place.

545h. The as to the -. io lahon related to initial training fur childcare personnel shall remain

562in place.

5641. The citation as tt) the vicllation related to a ph}sical examination on file for all drh·ers of

582all facility vans shall remain in place.

589J The Department shall the iolation related to the improper storage of cleaning

602supplies as cited on November 14, 2018. The Respondent agrees to further train all

616employees regarding the safe use and &torage of cleaning supplies and will look into

630installing more shch ing or hooks for the placement of the cleaning supplios when not in

646direct use to ensure that no children can access said cleaning supplies.

658k. The Respondent will not request further recourse or c1ppellate re\\ie\\\\ ufthi

670L All parti ... -s agrel.! to incur their own costs and fees.

683Reviewed and agreed upon by:

688_S?.l 2-Z- g_ -

693Date

694Florida Department of Children and families

700Xurthwest Region Program Safety Manager

705Child Care Regulation

, 708. r

710-- - - - - - - -------

718Kri!-ial Franklin Date

721Ownl!r and Opurator

724Gallop's Family ('enter

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PDF
Date
Proceedings
PDF:
Date: 06/18/2019
Proceedings: Agency Final Order
PDF:
Date: 06/18/2019
Proceedings: Agency Final Order Closing File filed.
PDF:
Date: 05/21/2019
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 05/20/2019
Proceedings: Stipulated Notice of Settlement and Motion to Cancel Final Hearing and Relinquish Jurisdiction to the Department (filed in Case No. 19-001065).
PDF:
Date: 05/16/2019
Proceedings: Respondent's Witness and Exhibit List (filed in Case No. 19-001065).
PDF:
Date: 05/16/2019
Proceedings: Respondent's Witness and Exhibit List (filed in Case No. 19-001062).
PDF:
Date: 05/16/2019
Proceedings: Respondent's Witness and Exhibit List (filed in Case No. 19-001061).
PDF:
Date: 05/16/2019
Proceedings: Respondent's Witness and Exhibit List filed.
PDF:
Date: 05/16/2019
Proceedings: Respondent's Witness and Exhibit List filed.
PDF:
Date: 05/15/2019
Proceedings: (Joint) Pre-Hearing Stipulations (filed in Case No. 19-001065).
PDF:
Date: 05/13/2019
Proceedings: Department's Witness and Exhibit List (filed in Case No. 19-001065).
PDF:
Date: 03/27/2019
Proceedings: Order of Pre-Hearing Instructions.
PDF:
Date: 03/27/2019
Proceedings: Notice of Hearing (hearing set for May 20, 2019; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 03/27/2019
Proceedings: Order of Consolidation (DOAH Case Nos. 19-1060, 19-1061, 19-1062, and 19-1065).
PDF:
Date: 03/06/2019
Proceedings: Joint Motion to Consolidate and Response to Initial Order filed.
PDF:
Date: 02/27/2019
Proceedings: Initial Order.
PDF:
Date: 02/27/2019
Proceedings: Notice of Appearance (Thomas Congdon).
PDF:
Date: 02/27/2019
Proceedings: Administrative Complaint filed.
PDF:
Date: 02/27/2019
Proceedings: Defendant's Request for an Administrative Hearing filed.
PDF:
Date: 02/27/2019
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
SUZANNE VAN WYK
Date Filed:
02/27/2019
Date Assignment:
02/27/2019
Last Docket Entry:
06/18/2019
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
 

Counsels

Related Florida Statute(s) (1):