Laura's Learning and Enrichment Center v. Department of Children and Families
After an ALJ recommended granting a child care facility's license renewal, finding no clear and convincing evidence that the owner lacked 'good moral character,' the Department rejected that conclusion and denied renewal based solely on a prior verified finding of abuse. The Second District reversed, holding that under sections 402.302(15), 402.305(2)(a), and 402.308(3)(d), a verified abuse finding is only one item to be 'assessed' in the screening process and does not by itself establish a failure of screening or lack of good moral character.
Key facts
- Laura's Learning and Enrichment Center applied to renew its child care facility license; the Department found a prior verified abuse finding against the facility.
- An Administrative Law Judge (ALJ) recommended granting the license renewal, finding no clear and convincing evidence that the owner lacked 'good moral character,' but the Department rejected the ALJ's recommendation and denied renewal based solely on the verified abuse finding.
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Why it matters
The opinion is a useful precedent for administrative practitioners challenging agency license denials: it applies article V, section 21's no-deference mandate and reverses an agency's statutory construction de novo… — full analysis with a trial
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