STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOB WALKER TRAILER PARK, )

)

Petitioner, )

)

vs. ) CASE NO. 77-137

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held on May 17, 1977, at 1:45 P.M. in Room 104, Collins Building, Tallahassee, Florida, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Andrew R. Reilly, Esquire

Post Office Box 2039

Haines City, Florida 33844

For Respondent: Barbara Dell McPherson, Esquire

Department of Health and

Rehabilitative Services, District Five Post Office Box 20007

St. Petersburg, Florida 33742 ISSUE

Whether the application for a trailer park permit for Petitioner's trailer park should have been denied.

FINDINGS OF FACT

1. A letter of denial from the Department of Health and Rehabilitative Services upon the application of Petitioner, Bob Walker Trailer Park, for a trailer park permit filed by Bob Walker for the Bob Walker Trailer Park, a/k/a the Cherry Pocket Fish Camp was introduced into evidence as Petitioner's Exhibit

   2 and stated in part:

   
   

   "1. That the Petitioner had not complied with Section 10D-26.05 F.A.C. which requires that a permit application should be on forms

   furnished by the Division of Health and should be submitted through the local health depart- ment.

2. The Petitioner was in violation of Section 10D-26.07(3)(a) F.A.C. because the minimum square footage requirement of 2,400 square feet for each independent mobile home space is not being met at his trailer park.

   
   

3. The Petitioner was in violation of Section 10D-26.08 F.A.C. in that he is not providing at his trailer park an accessible, adequate, safe and potable supply of water. Further, the water provided the residents of the trailer park is not in compliance with Section 17-22 F.A.C. in that the plan submitted by the Petitioner does not show or specify chlorination equipment as required by Section 17-22.11(2) F.A.C. because the well at the trailer park is in prohibited

   proximity to a septic tank for which the Peti- tioner has never received a permit as required by Chapter 10D-6 F.A.C.

   
   

4. The water supply plan submitted by the Petitioner cam not be approved by the local health unit of the Department because the Petitioner has not indicated the physical and chemical parameters of the water as required by Section 17.22.03(7), (9), (11) F.A.C.

   
   

5. The Petitioner was in violation of Section 10D-26.09 F.A.C. because he does not have at his trailer park an adequate and safe method of sewage collection, treatment and disposal in compliance with Chapter 17-6

F.A.C. or 10D-6 F.A.C. The septic tanks installed at the Petitioner's trailer park were installed in violation of 10D-6 F.A.C. without any permits having been secured. The Petitioner is required to have a central sewage system installed and in operation in his trailer park before a trailer park permit can be granted. Section 10-6.21(9) F.A.C. provides that total waste flow from any one establishment, whether a single structure or group of structures except residences shall be centrally collected for treatment and disposal in compliance with Chapter 17-6

F.A.C. when the established daily flow exceeds 2,000 gallons."

1. Petitioner acknowledges the accuracy of the facts contained in the letter but contends: that the required forms were not sent him; that his trailer park had been in operation for a long period of time and he had always intended to comply with the numerous permits and regulations and felt that he had so complied; that the requirements of the Respondent particularly as to a central sewage system is unnecessary and confiscatory in effect. Respondent contends: that it had no alternative but to issue a letter of denial; that it followed the requirements of Chapter 381 and 514, Florida Statutes; and that the

   rules promulgated under those statutes and cited in its letter of denial are the requirements of the statutes and the

   rules, and it has no alternative but to enforce those provisions.

   
   

2. Petitioner's proposed order was considered in the preparation of this order including the references to the current numbering of the applicable rules.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Petitioner has not complied with Section 10D-26.35 F.A.C. which requires that a permit application should be on forms furnished by the Division of Health and should be submitted through the local health department.

   
   

4. The Petitioner's trailer park is in violation of Section 10D- 26.37(3)(a) because the minimum square footage requirement of 2,400 square feet for each independent mobile home space is not being met at his trailer park.

   
   

5. The Petitioner is in violation of Section 10D-26.38 F.A.C. because he is not providing at his trailer park an accessible, adequate, safe and potable supply of water. Further, the water provided the residents of the trailer park is not in compliance with Section 17-22 F.A.C. in that the plan submitted by the Petitioner does not show or specify chlorination equipment as required by Section 17-22.08(6) F.A.C. Additionally, the Petitioner is in violation of Section 17-22.11(2) F.A.C. because the well at the trailer park is within the prohibited proximity to a septic tank for which he has never received a permit as required by Chapter 10D-6 F.A.C.

   
   

6. The water supply plan submitted by the Petitioner cam not be approved by the local health unit of the Department because the Petitioner has not indicated the physical and chemical parameters of the water as required by Section 17.22.03(7), (9), (11) F.A.C.

   
   

7. The Petitioner is in violation of Section 10D-26.39 F.A.C. because he does not have at his trailer park an adequate and safe method of sewage collection treatment and disposal in compliance with Chapter 10D-6 F.A.C. The septic tanks installed at the Petitioner's trailer park were installed in violation of 10D-6 F.A.C. without permits having been secured. The Petitioner is required to have a central sewage system installed and in operation in his trailer park before a trailer park permit can be granted. The engineers agreed that the sewage flow at the trailer park exceeded 2,000 gallons per day. Section 10-6.21(9) F.A.C. provides that total waste flow from any one establishment, whether a single structure or group of structures except residences shall be centrally collected for treatment and disposal when the established daily flow exceeds 2,000 gallons.

RECOMMENDATION

1. Deny the application without prejudice to Petitioner to complete a study and arrive at a settlement satisfactory to the Respondent.

   
   

2. Allow the Petitioner sixty (60) days from date hereof to re-submit an application for a trailer park permit.

DONE and ORDERED this 15th day of September, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Barbara Dell McPherson, Esquire Department of HRS

Post Office Box 20007

St. Petersburg, Florida 33742

Andrew R. Reilly, Esquire Post Office Box 2039 Haines City, Florida 33844

Docket for Case No: 77-000137

Orders for Case No: 77-000137