STATE OF FLORIDAr DEPARTMENT OF H TH? 25 CEIVED A PARTMENT OF HEALTH Pi 96001 25 AM & 15 DA 1h! Slo, E CLERK Department of Health, Duval HEusy oF OFFICE oF 1H County Health Department, A Ree Mp Petitioner, ™ vs. Rendition no.: DOH-05- | T42 -FOF-HST Case no.: 05-2106 Brown’s Septic Tank and Land Development, Inc. , and Lawrence D. Brown, Respondents , FINAL ORDER A recommended order of dismissal having been received, this matter is before Department of Health (Department) for disposition. At issue is the citation of January 19, 2005, charging the Respondents with the following violations of section 64E-6.022, Florida Administrative Code: one, charging the customer for work not performed, two, abaridoning a project, three, misleading or untrue representations, four, misconduct or gross negligence not harming the customer, and five, falsifying an inspection report. _ The Administrative Law Judge finds that the charges were not proved because the Department failed to appear at the final. hearing. This is a disciplinary proceeding and the Department had the burden to prove the charged violations. The Department having failed to appear and present evidence, dismissal of the citation is required. The recommended order of dismissal dated September 30, 2005 is adopted and incorporated by reference. Based on the foregoing, the citation is dismissed. DONE and ORDERED this 72 187 day of October 2005 in Tallahassee, Leon County, Florida. - M. Rony Frangois, M.D., M.S.P.H., Ph.D Secretary, Department of Health [r= F-. Fone wep Bonita J. Sorensen, M.D., M.B.A. Deputy State Health Officer p. 2 of 2, final order case no.: 05-2106 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 INITIATED 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 OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE FILING DATE OF THIS FINAL ORDER. Copy furnished to each of the following: Catherine Berry, Esquire Gerald Briggs, Bureau Chief Department of Health Department of Health 515 West Sixth Street, MC33 Onsite Sewage Programs Jacksonville, Florida 32206 4052 Bald Cypress Way, bin A08 . Tallahassee, Florida 32399-1713 ho. Stephen F. Dean Scott Turner Administrative Law Judge Duval County Health Department Division of Administrative Hearings Environmental Health(septic tank) 1230 Apalachee Parkway 900 University Blvd., N.,rm, 323 Tallahassee, Florida 32399-3060 Jacksonville, Florida 32211-9203 Thomas Koch, Dep. Gen. Counsel Lawrence D. Brown Department of Health Brown's Septic Tank & Land Development 4052 Bald Cypress Way, bin AQ2 826 Eastport Road Tallahassee, Florida 32399-1703 Jacksonville, Florida 32218 FALR CERTIFICATE OF SERVICE I certify that a copy of the foregoing FINAL ORDER has been served by ordinary mail via the United States Postal Service, inter-office mail, or by hand delivery to each of the above-named persons this 4) 5 day of October 2005. Dibba ——— R. Samuel Power Agency Clerk Department of Health 4052 Bald Cypress Way, bin A02 Tallahassee, Florida 32399-1703 phone: (850) 245-4005

Docket for Case No: 05-002106