14-000028 Department Of Health Polk County vs. Virgil Cardin, D/B/A Virgin Cardin Septic Tank Service Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 26, 2014.

STATE OF FLORIDA

DEPARTMENT HEALTH 1ItHAY27 PN 1:11

VIRGIL CARDIN, D/B/A

VIRGIL CARDIN SEPTIC TANK SERVICE,

Petitioner, Rendition No.: DOH-14-0731-FOF-HSE

Case No.: 2014-0122

vs. DOAH Case No.: 14-0028

DEPARTMENT OF HEALTH,

POLK COUNTY,

Respondent.

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FINAL ORDER l--'

.J:

This proceeding was initiated by Petitioner's request for an administrative hearing. This

matter is before the Department of Health for consideration of a· Settlement Agreement

pursuant to a Motion for Final Agency Order.

On November 20, 2013, the Department issued an Administrative Complaint against

Petitioner alleging violations of Florida Administrative Code Chapter 64E-6. This Complaint

was forwarded to the Division of Administrative Hearings for a hearing on the matter, DOAH

Case No. 14-0028.

An Agreement was reached by the Parties for Settlement on February 19, 2014, for all

claims made in the Complaint. The case was remanded back to the Agency Clerk by DOAH

on February 26, 2014, for action consistent with the terms of the executed Settlement

Agreement. Polk CHD has filed a Motion for Final Agency Order based on the Settlement

Agreement on May 5, 2014.

Upon consideration of the CHD's Motion on this matter, and being otherwise fully

advised on the premises, the Department hereby finds as follows:

1. The facts as alleged in the Administrative Complaint are sufficient to support a finding of

violation of Florida Administrative Code Rule 64E-6.022(1 )(1)1, gross negligence,

incompetence, or misconduct which causes no monetary or other harm to a customer.

2. Petitioner's actions constitute grounds upon which an administrative fine may be imposed.

3. The Department hereby incorporates the Settlement Agreement by reference and finds

Petitioner in violation of Florida Administrative Code Rule 64E-6.022(1)(I)1, and imposes

By:

C. Meade Grigg

Deputy Secretary for Statewide Services

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO

JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW

PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE

PROCEDURE. SUCH PROCEEDINGS MAY BE COMMENCED BY FILING ONE COPY OF

A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENT OF HEALTH AND A

SECOND COpy ACCOMPANIED BY THE FILING FEES REQUIRED BY LAW WITH THE

DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY

RESIDES OR THE FIRST DISTRICT COURT OF APPEAL. THE NOTICE MUST BE FILED

WITHIN 30 DAYS OF RENDITION OF THIS FINAL ORDER.

, .

Copies Furnished to:

Jennifer A Tschetter, General Counsel David Evans, Esq.

Department of Health Peterson & Myers, P.A.

4052 Bald Cypress Way, A02 P.O. Box 24628

Tallahassee, FL 32399-1701 Lakeland, FL 33802-4628

John Vaughn, Esq. Roland Reis, Esq.

Peterson & Myers, P.A. Polk County Health Department

P.O. Box 24628 1290 Golfview Ave., 4 tli Floor

Lakeland, FL 33802-4628 Bartow, Florida 33830

Ed Barranco Cynthia Goldstein-Hart, RS, MPH

Bureau of Onsite Sewage Programs Polk County Health Department

4052 Bald Cypress Way, BIN A08 2090 East Clower St.

Tallahassee, Florida 32399-1713 Bartow, FL 33830

Linzie F. Bogan

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-3060

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing FINAL ORDER has

been sent to U.S. Mail, inter-office mail or by hand delivery to each of the above-named

persons this 11 day of 2014.

. 12M

Agellerk

Department of Health

4052 Bald Cypress Way, #A02

Tallahassee, Florida 32399-1703

Tel. [phone]