Dot-o1-0657-5- HST Final Order No. Date, 9 J0-/ FILED STATE OF FLORIDA Depariment of Health DEPARTMENT OF HEALTH AGENCY CLERK Theodore M. Hencarson, Agency Clerk PAUL ELKINS, By : Z Petitioner, EP epieaiees vs. DOAH CASE NO.: 01-0004 OA S | | DEPARTMENT OF HEALTH, x = ! : i ~< : Respondent. cami = / 3 r = FINAL ORDER = THIS CAUSE is before me based upon the Respondent’s Motion for Final Order (“Motion”). Upon careful review of the same, the Respondent’s Motion is hereby GRANTED. The Stipulation, which was executed by the Parties on March 13, 2001, is adopted and incorporated by reference. The parties are hereby ORDERED to abide by and fully comply with the terms of the Stipulation. The Department’s file is hereby closed. ay X -_ Ate, DONE and ORDERED this day of 2001, in Tallahassee, Leon County, Florida. ROBERT. G. BROOKS, M.D. Secretary, Department of Health Richard G. Hunter, Ph.D. Deputy State Health Officer wn. NOTICE OF RIGHT TO JUDICIAL REVIEW REVIEW A PARTY WHO Is _ADVERSELY AFFECTED BY THIS FINAL ORDER Ts ENTITLED to JUDICIAL REVIEW PURSUANT. TO SECTION 120. 68, FLORIDA STATUTES. jeri | PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS MAY BE COMMENCED _BY FILING ONE COPY . i OF A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY _ ACCOMPANTED BY THE FILING FEES REQUIRED BY LAW = ITH THE DISTRICT COURT OF ‘APPEAL IN THE APPELLATE DISTRICr wiRRE 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: Paul Elkins 524 N. Seagrave Street Daytona Beach, FL 32114 Charlene J. Petersen Department of Health Chief Legal Counsel 420 Fentress Boulevard Daytona Beach, FL 32114 Gerald Briggs, Bureau Chief Department of Health Bureau of Onsite Sewage Programs BIN A0s 4052 Bald Cypress Way . Tallahassee, FL 32399-1713 yee CERTIFICATE ( OF SERVICE SERILELCATE OF SERVICE I HEREBY CERTIFY that a true and correct _ copy of the i : foregoing ‘FINAL "ORDER has: been sent byt U.S. “Mail, inter-office qo Shee + Soetap pall or by hand delivery to each of the above- named | persons this 0° day of 2001. heodote M. Henderso Agency Clerk .- Department of Health Office of the General Counsel _ BIN Ao2 4052 Bald Cypress Way Tallahassee, Florida 32399-1703 ph. (850) 245-4005 ned STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF HEALTH Petitioner, vs. ; Case no.: 01-0004 PAUL ELKINS, Respondent. JOINT STIPULATION AND SETTLEMENT AGREEMENT In the matter of Paul Elkins, doing business as Roto-Rooter Services, located at 524 Seagrave Street North, Daytona Beach, Volusia County, FL 32114-2618, who was issued a citation for misleading representations and disposing of domestic waste residuals at a site not approved for treatment, and a subsequent request for an administrative hearing on the matter, the Petitioner, State of Florida, Department of Health, and the Respondent, Paul Elkins, have agreed toa settlement of the citation and litigation, and jointly stipulate as follows: WHEREAS, Paul Elkins is a registered contractor doing business as Roto- Rooter and who is subject to regulation by the State of Florida, Department of Health; and . WHEREAS, the Department of Health issued Mr. Elkins a citation resulting from the wrongful disposal of domestic waste residuals and misleading statements concerning the same, on or about October 16, 2000; and fo , his Ti ight to: a a hearing pursuant to S tion 120: of which i is shereby acknowledged, WHEREAS, Mr. Elkins objected to the proposed agency action, » and f.exercised: Florida Statutes; and _WHEREAS, the parties have determined that itis in their best interests to avoid ye ongg oneness additional expenditures related to the pending litigation, and have agreed to.an amicable .... resolution of the matter; N ow, THEREFORE, in consideration of the mutual promises and undertakings Poses contained herein, and other good and valuable consideration, the receipt and sufficiency 1. This matter was settled on February 23, 2001. 2. Paul Elkins agrees to pay to the Department of Health the amount of Five Hundred and no/ 100 ($500.00) dollars toward the cost of this matter within thirty G 0) days of the execution of this azreement. Payment will be made to : the Volusia County Health Department. 3. The Department of Health’s citation and administrative complaint herein shall _ be dismissed, and Paul Elkins shall suffer no indications on his contracting license by reason of the matters alleged in the citation or the administrative complaint. The citation and administrative complaint, and the matters alleged therein, shall not be the basis for any license action against Paul Elkins. 4. Paul Elkins will withdraw his request for an administrative hearing, and other than the consideration paid as part of this settlement, the parties shall bear their own costs and fees. 5. The parties agree that this Joint Stipulation and Settlement Agreement is a legal and binding document and is fully enforceable against all parties in any i. i ost > i = of their respective principles, and as duly designated representative, to fully bind such principles. PAUL ELKINS _ FLORIDA DEPARTMENT OF HEALTH By: fal Sit. oe Paul Elkins 524 Seagrave St. North Daytona Beach, FL 32114 (904) 252-4303 Daytona Beach, FL 32114 oe (904) 947-3432

Docket for Case No: 01-000004