STATE OF FLORIDA DEPARTMENT OF HEALTH Department of Health, ia Petitioner, Case No. vs. Discovery Experimental and Development, Inc., Respondent. Discovery Experimental and Development, Inc., Petitioner, vs. Department of Health, Respondent. Department of Health, Petitioner, vs. James T. Kimball; Josephine Kimball; Toni Kimball, Discovery Experimental and Development, Inc.; Discovery Experimental and Development of Mexico, N.A.; Discovery Distributing, Inc.; Discovery Tour Wholesalers, Inc.; Global Health Information/Medical Research Institute, Inc.; ASTAK, Inc.; and B&B Freight Forwarding, Inc, Respondents, Rendition No.: DOH-03-oes¢9/ : 93-6184 Case No.: Case No.: 03 HAY 1g rene ui ChSH He 95-2255 97-3836 Division of Administrative Hearings FILED “> Date 7-5 Case No.: 98-4 Discovery Experimental and Development, Inc., Respondent. FINAL ORDER Having received a recommended order from the Administrative Law Judge (ALJ) assigned by the Division of Administrative Hearings, this matter is before the Department of Health (Department) for the entry of a final order. The ALJ recommends the following ultimate findings and dispositions: 1. that Discovery Distributing, Incorporated; Discovery Experimental and Development, Incorporated; ASTAK, Incorporated; and B & B Freight Forwarding, Incorporated, are guilty of the offenses relating to the DEDI-brand liquid deprenyl citrate as alleged in the Administrative Complaint; 2. that the Department impose a fine of two million eighty-seven thousand dollars ($2,087,000.00) for the violations relating to the DEDI~brand liquid deprenyl citrate and that liability for this fine be joint and several as to Discovery Distributing, Incorporated, and Discovery Experimental and Development, Incorporated; 3. that Discovery Experimental and Development, Incorporated, and ASTAK, Incorporated are guilty of the offenses relating to the DEDI drugs containing colloidal silver as alleged in the Administrative Complaint; 4. that the Department impose a fine of one million five hundred and three thousand dollars ($1,503,000.00)for the violations relating to the DEDI drugs containing colloidal silver and that liability for this fine be joint and several as to Discovery Experimental and Development, -Incorporated, and ASTAK, Incorporated; 5. that the application of Discovery Experimental and Development, Incorporated, to register its Silvicidal ES as a drug be denied; and finally 6. that the violations as alleged against Global Health Information/Medical Research Institute, Incorporated; Discovery Tours Wholesalers, Incorporated; Josephine Kimball; and Toni Ann Kimball are dismissed. These findings and dispositions are accepted and adjudicated by the Department of Health. The Recommended Order of April 18, 2003 is incorporated by reference, is approved, and is adopted in toto. DONE and ORDERED this L) 3. day of Wag, 2003, in Tallahassee, Leon County, Florida. JOHN O. AGWUNOBI, M.D., M.B.A. Secretary, Department of Health wy: (Le. x @ Ves fey mt Annie R. Neasman, R.N., M.S. Deputy Secretary for Health NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. A REVIEW PROCEEDING IS GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. A REVIEW PROCEEDING IS COMMENCED BY FILING A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENT OF HEALTH AND A COPY ACCOMPANIED BY THE FILING FEE 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 THE FILING DATE OF THIS FINAL ORDER. Copy furnished to: Carolyn S. Holifield, ALJ Jerry Hill, Bureau Chief Division of Administrative Hearings Department of Health The DeSoto Building Bureau of Pharmacy Services 1230 Apalachee Parkway 2818-A Mahan Drive, Bin C19 Tallahassee, Florida 32399~1550 Tallahassee, Florida 32308 Robert Daniti, Esquire Rolando J. Santiago, Esquire Department of Health Discovery Tour Wholesalers, Inc. 4052 Bald Cypress Way, Bin A02 35205 State Road 54 Tallahassee, Florida 32399-1703 Wachula, Florida 33541 Toni Ann Kimball James T. Kimball, No. 38591-018 3122 49° Avenue, North FCI Yazoo City St. Petersburg, Florida 33714 Post Office Box 5000 Yazoo City, Mississippi 39194 Josephine Kimball 35205 State Road 54 Wachula, Florida 33541 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing FINAL ORDER has been sent by U.S. Mail, inter-office mail or by hand delivery to each of the above-named persons this ZR 7 # say of Tha 2003. CCE. R. Samiel Power — Department of Health Agency Clerk 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1703

Docket for Case No: 95-002255

Orders for Case No: 95-002255