STATE OF FLORIDA DoH ~00 ~2213-foF- HST DEPARTMENT HEALTH Final Order No, nn. Dt oO FILED WILLIAM J. MOORE, d/b/a Department of Heath AGENCY CLERK MOORE’S SEPTIC TANK, Theodore M. Henderson, Agency Clerk By fi Petitioner, uty Agency Clark vs. ‘Case No. 00-3290 COH yds 2 DEPARTMENT OF HEATH, Ss a Respondent. Si / “oO vv = ane ~ a FINAL ORDER moU THIS CAUSE comes before me for consideration of Respondent's Motion for Final Order. On September 27, 2000, the parties entered into a Joint Stipulation of Settlement. Accordingly, the parties requested the Administrative Law Judge assigned to hear this matter before the Division of Administrative Hearings to relinquish jurisdiction of this cause to the Department for entry of a Final Order consistent with the terms of this Settlement. The Administrative Law Judge entered such an order on September 29, 2000, relinquishing jurisdiction of this case to the Department. On October 5, 2000, Counsel for the Respondent filed a Motion for Final Order, asking that a Final Order be entered by the Department incorporating the terms of the Settlement Agreement entered into by the parties. Upon consideration of the Joint Stipulation of Settlement in this matter, and being otherwise fully advised in the premises, the proposed Settlement is hereby ACCEPTED, ADOPTED, and incorporated by reference herein. WHEREFORE, it is hereby ORDERED AND ADJUDGED that the Parties shall adhere to and abide by all of the terms and conditions of the Settlement. This Order shall be effective upon filing with the Agency Clerk for the Department of Health. ¢ od DONE AND ORDERED this €@ day of November, 2000, in Tallahassee, Leon County, Florida. ROBERT G. BROOKS, M.D. Secret , Department of Health Richard G. Hunter, Ph.D. Deputy State Health Officer 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: Roland Reis, FBN 562653 Department of Health 1290 Golfview Ave., 4™ Floor Bartow, Florida 33830-6740 Tel. (863) 519-7900, ext. 1005 Gerald Briggs, Bureau Chief Bureau of Onsite Sewage Programs 4042 Bald Cypress Way BIN A08 Tallahassee, 1713 Florida 32399- William J. Moore Moore’s Septic Tank 4716 Luce Road Lakeland, Florida 338131 Carolyn S. Holifield, Administrative Law Judge 1230 Apalachee Parkway The DeSoto Building Tallahassee, FL 32399-1550 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the forgoing FINAL ORDER has been sent by U.S. Mail, inter- office mail or by hand delivery to each of the above-named persons this 2@ day of pUsyemter 2000. ‘ 7 “A Theodore M. Heriderson Agency Clerk Department of Health Ai BIN A02 4052 Bald Cypress Way Tallahassee, FL 32399-1703 Telephone: (850) 245-4005 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS WILLIAM J. MOORE, d/b/a MOORE’S SEPTIC TANK, Petitioner, DOAH Case No. 00-3290 vs. DEPARTMENT OF HEATH, Respondent. i JOINT STIPULATION OF SETTLEMENT COMES NOW the Respondent, Department of Health, Polk County Health Department (hereafter, the “Department”), and Petitioner, William Moore, who jointly request the hearing officer in this matter accept the settlement conditions of the above- captioned case as agreed to herein, and remaind this case to the Agency Clerk for the Department of Health. The settlement conditions are presented as follows: 1. The parties agree that in lieu of further litigation in this matter, Petitioner does not admit, but will not contest violations of 64E-6.022(1)(b)2 and 64E-6.022(1)p, repair of OSTDS in violation of 64E-6.015(6)(f), and shail pay Respondent a fine of $1500. 2. Petitioner shall pay the $1500 fine by cashier's check or money order payable to ‘Polk County Health Department’ within thirty (30) days of the signing of this agreement; the check shall be mailed to the office of the undersigned attorney for the Department. 3. The Department shall set aside the violations of 64E-6.022(1)(I)2 and 64E- 6.022(1)p, repair of OSTDS in violation of 64E-6.015(6)(c)2. | | Behibct A Joint Stipulation for Settlement William Moore v. Department of Health Page 2 4. The parties waive the filing of exceptions and any time periods within which . exceptions may be filed. 5. Payment of this fine shall constitute full and complete settlement of all matters regarding the Citation issued May 19, 2000 for violations at 2208 Morrow Drive, Lakeland, Florida. WHEREFORE Petitioner and Responclent request that the Hearing Officer relinquish jurisdiction over this matter and remand this case to the Agency Clerk, Department of Health for action consistent with this Stipulation. “?) Z, LM: , $, Zito“ Cea ‘ gar 2 boo WILLIAM J. MOGRE GF- 29-0 ROLAND IS, ESQ., FBN 562653 . Moore’s Septic Tank _/ bssista eneral Counsel 4716 Luce Road Department of Health Lakeland, FL 33813 Polk County Health Department 1290 Golfview Avenue, 4th Floor Bartow, Florida 33830 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by facsimile to Judge Carolyn S. Holifield, Division of Administrative Hearings, the DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Fi. 32399-1550 (fax no. 850-921-6847); and by regular mail to William J. Moore, d/b/a Moore's Septic Tank, 4716 Luce Road, Lakeland, Florida 33813, this 2) day of September, 2000.

Docket for Case No: 00-003290