zo'd STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, axl {Td wi DOH Case No.: 2009- VS. CONNIE H. SANDERS, Respondent, ADMINISTRATIVE COMPLAINT i Nature of the Case YOU ARE HEREBY NOTIFIED that this is an administrative action. This case arises from Respondent's untawful acts and practices and falture to comply with Section 381.0065 Florida Statute, Chapter 489 Part II Florida Statutes and Chapter 64E-6 Florida Administrative Code. This action is authorized pursuant to Sections 381.0061 and 489.556 Florida Sranitcs, and Rule 64E-6.022 Florida Administrative Code that govern disciplinary actions against registered septic contractors. Factual Allegations as to All Counts 1. The Pctitioncr, State of Florida, Department of Heulth, is the administrative agency of the State of Florida charged with the duty to enforce the provisions of Chapter 381 Florida Statutes, Chapter 489 Part II] Florida Statutes and the applicable rules contained in Chapter 64E-6 Florida Administrative Code. 2. The Respondent, Connie II. Sanders, is a registered septic tank contractor, Registration Number SRO931140. She was authorized to provide septic tank contracting services through the fictitious name AAA Lehigh Septic Tank Service, Authorization Number $A0890333. 3. The Respondent advertises and holds herself out to the public as a septic tank contractor and engages in the practice of septic tank contractor services in at least Conmic Sanders 2-09 Page | of 5 6elL9Loreez je6eq Wd £€0:€ 6007 ‘9b YueW ‘Aepuoy cod Lee County. ‘The Respondent is permitted to provide septage disposal services via permit number 36QA28929 issued by Lee County Health Department. 4. The Respondent has bad previous disciplinary action taken against her. On July 16, 2003, the Department cntered a Final Order, No.03-0118-DFOagainst Connie H. Sanders imposing an administrative fine in the amount of $1,000.00 for failing to properly abandon a septic tank and creating a sanitary nuisance. Scc Final Order attached and incorporated herein as “Attachment A”. Accordingly, the violations described herein are “repeat violations” in dcicrmining the range of disciplinary action stated in the Disciplinary Guidelines sct forth in Rule 64R-6.022 Florida Administrative Code. Rule 64B-6.022(3) Florida Administrative Code states: As used in this rulc, a repeat violation is any violation on which disciplinary action is being taken where the same licensee had previously had disciplinary action taken against him or received a letter of warning in a prior case. This definition applies regardless of the chronological relationship of the violations and regardless of whether the violations ave of the same or different subsections of this rule. The penalty given in the above list for repeat violations is intended to apply only to situations where the repeat violation ts of a different subsection of this rule than the first violation. Where the Tepeat violation is the very same type of violation as the first violation, the penalty set out above will generally be increased over what is shown for repeat violations. 5. On or about January 2, 2009, the Respondent contracted to pump the Septic tank located at 918 Lee Avenue, Lehigh Acres, Lee County, Florida. The existing septic tank is baffled, a multi-chambered tank with two enclosed chambers with a baffle separating the two. The inlet with a manhole cover is located on one chamber and the outlet with a manhole cover is located on the other chamber. On January 2, 2009, the Respondent only pumped the inlct side. The Department's inspection on Tebruary 4, 2009 confirmed that only the one side of the tank had been accessed. See pictures attached and incorporated herein as Attachment “B”. See Customer Letter of Complaint attached and incorporated herein as Attachment “C”. The Respondent’s Conniv Sanders 2-09 Page 2 of 5 68l9L9reez [2624 Wd €0°€ 600¢ '9} Yue; ‘Aepuoy pod customer receipt in attached and incorporated herein as Attachment “D”. On February 3, 2009 the customer contacted the Respondent because his tank had filled back up and was first told that the customer only paid to have one side pumped and that a complete pump out cost $270.00. After the customer filed a complaint with the Health Department, on February 4, 2009 the Respondent offered to return the customer’s payment in full for the incomplete pump out performed on January 2, 2009. The customer hired another septic contractor to properly pump out his septic tank on February 4, 2009. 6. The Respondent’s acts and practices described herein violate Rule 64E- 6.010(4)(a) Florida Administrative Code that requires the contents of a septic tank to be removed in its entirety when being pumped. Additionally, the Respondent’s acts and practices described herein violate Rule 64E-6.010(4)(b) Florida Administrative Code that requires when pumping “separate chambers must be accessed through the manholes or scctional lid for the chambcr being pumped.” These violations subject the Respondent to the discipline mandated in Rule 64E-6.022(1)(1)1 Florida Administrative Code which is a $500 fine and a 90 day suspension or revocation for a Tepeat violation. The Department hereby imposes an administrative fine in the amount of One Thousand Dollars ($1,000.00) (in Siew of a 90 day suspension and revocation) for these violations against Respondent, Connie H. Sanders. This discipline has been mitigated from revocation because of the Respondent’s corrective action taken. 7. The Respondent was authorized to offer septic tank contracting services using the corporation name “AAA Lehigh Septic Tank Service” A registered septic tank contractor is only allowed to offer septic tank contracting under one name other than their own name. On the Respondent's septic serviccs invoices/receipts she uses the name “Lehigh Septic Inc.”, an unauthorized name. See copy of the invoice/receipt marked Attachment D. Connie Sanders 2-09 Page 3 of S 6819LoreEz 12607 Wd £0°€ 6007 'g} Yue; ‘Aepuoyy 8. The Respondent’s acts and practices described herein violates Section 489.555 Florida Statutes that requires Respondent to obtain Department authorization to Operate under any name other than the Registered contractor’s own name and that subjects the Respondent to the discipline mandated in Rule 64E-6.022(1)(a) which is a $500.00 fine or revocation for a repeat violation. The Department hereby imposes an administrative fine in the amount of Five Hundred Dollars ($500.00) for these violations against Respondent Connie H. Sanders. Request for Relief Wherefore, the Department of Health hereby imposes an administrative tine in the total amount of One Thousand Five Hundred Dollars ($1,500.00) against Respondent, Connie H. Sanders, Registration Number SRO931140. This fine has been mitigated from a suspension and revocation set forth in the disciplinary standards for these repeat violations. The Department further ORDERS Connie H. Sanders to cease and desist using any name other than the certified authorized business name. Done this vey of March, 2009, by the Department of Health, Lee County Health Department. STATE OF FLORIDA DEPARTMENT OF HEALTH Susan MestirS colf SUSAN MASTIN SCOTT Florida Bar #0000736 Chief Legal Counsel 2295 Victoria Avenuc, Room 206 Fort Myers, Florida 33901 (239) 461-6118 (239) 461-6102 facsimile Connic Sanders 2-09 Page 4 of 5 sod 68L9lepeec e627 Wd £0°€ 6002 ‘GL Yew ‘Aepuoyy CERTIFICATE OF SERVICE Thereby certify that the true and original Administrative Complaint herein was furnished via Fed EX TRK No. 797370666007 to Connie H. Sanders, 22081 Tuckahoe Road, Alva, Florida 33920 this ge day March, 2009. Susan Wasstur Scott Susan Mastin Scott NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order may petition for an administrative hearing pursuant to sections 120.569 and 120.57. Fla. Stat. Such proceedings are governed by Rule 28-106, Florida Administrative Code. A petition for administrative hearing must be in writing and must be received by the Agency Clerk for the Department, within twenty-one (21) days from the receipt of this order. The address of the Agency Clerk is 4052 Bald Cypress Way, BIN # A02, Tallahassee FL 32399-1703. The Agency Cletk’s facsimile number is 850-410-1448. Mediation is not available as an alternative remedy. Your failure to submit petition for hearing within 21 days from receipt of this order will constitute a waiver of your right to an administrative hearing, and this order shall become a "final order,” Should this order become a final order, a party who is adversely affected by it is entitled to judicial review pursuant to section 120.68, Fla. Stat. 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 Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees required by law, with the Court of Appeal in the appropriate District Court. The notice must be filed within 30 days of rendition of the final order. Connie Sanders 2-09 Page 5 of 5 90'4 68L9L9r6Ez 12687 el ROE ANZ ‘AL UWE ‘Aepuoinl FILED STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH ppp) cure Be Clerk a DEPARIMENT OF HEALTH, . "pate tess Petitioner, . . 2s vs FINAL ORDER NO. 03-018 $56: FINAL ORDER This matter is before Department of Health for the entry of a final order. The Department's Administrative Complaint was served on June 17, 2003, and no request for an administrative hearing has been received from the Respondent. Ry the Administrative Complaint, the Respondent - was properly advised of the right to request an administrative hearing, and advised that unless a hearing was requested the Respondent waived such right. The Administralive Complaint in this proceeding alleges violations of Sections 381.0061 and 489.556, Florida Statutes and Chapter 64E-6, Florida Administrative Code regarding the Respondent’s practice as a registered septic tank contractor. I find the Respondent has waived her right to an administrative hearing; therefore, the violations alleged in the Administrative Complaint are deemed admitted. The conclusions of law stated in the Administrative Complaint are adopted and incorporated by reforence. AYtachment Fe & pag, Zod 68L919P6Ez 12827 Wd €0:€ 6002 '9L YuEW ‘Aepuow god The Administrative Complaint seeks the imposition of an administrative fine of one thousand dollars ($1,000.00). As of duly 9, 2003, the Respondent has failed to pay the administrative fine. Based on the foregoing, an administrative fine of one thousand dollars ($1,000.00) is imposed. Payment in full is due no later than 10 days from the filing date of this final order. Pay by check or money order made payable to Lee County Health Department, 3920 Michigan Avenue, fort Myers, Florida 33916, Attention: Joseph H. Barker, R.S., Environmental Health Administrator. This. proceeding is CLOSED. DONE and ORDERED this |¢ day of _ Tots __. 2003, in Tallahassee, Leon County, Florida. JOHN O. AGWUNOBI, M.D., M.B.A. Seoretary, Department of Hoalth ty State Health Officer 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. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS MAY BE 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 COUR? 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 FILING OF THIS FINAL ORDER. 68l9Loreec j26e7 We f0°F 60NZ ‘OL YoreW! ‘AepuoIA! 60d Copies Furnished to: Connie H. Sanders 22081 Tuckahoe Road Alva, Florida 33920 Susan Mastin Scott, Esquire Department of Health Lee County Health Department 2295 Victoria Avenue, Room 206 Fort Myers, Florida 33901 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct! 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 _/G_ day of 2003. R. &. Power Ageney Clerk Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1703 Telephone: (850) 245-4005 6819Ler6Ez 12627 Wd €0°6 6002 '9L Yue ‘Aepuoyy) Atachmonk (S ord 6s LgLoreez 12627 L ude ‘Aepuolal (\ Hachmunk ies Lid 68 L9Loreez 12627 Wd €0:€ 6002 ‘gt Yue; ‘Aepuoy, A kk vhAmark & ard 68 l9Lorcez [2607 Wd €0:€ 600Z ‘9b yore ‘Aepuoyy A Hach meat 6 6819L9r6Es 12607 Wel €0°€ 6002 ‘91 YEW ‘Aepuow erd vid 68 L9L9KEET [e6e7 We £08 6nnz, ‘AL ueW ‘Aepuow PYkacameat i ged 6BLOLOPGEZ 12629 Wd £0°€ 6002 ‘9L Yuey| ‘Aepuoy Atbachkment B ord 68L9LoreEz 12627 Wd 20:6 Ann, ‘GL Ue! ‘AepuoII Affidavit On January 2/2009, Lehigh Septic came out and pumped our septic. They Wye $235 for the service. Our house was built with a tank that has 2 openings and a filtex?$ however they only pumped about 1 foot down and only opened 1 hole. They did not open the other hole or clean the filter and was there less than 10 minutes. Our septic filled again and backed up on 2/3/2009. I called Lehigh Septic once again and the owner came out. He told me aftcr he stuck a probe in the ground that our field was bad and we need a new one. He told me it would be about $10,000. T was originally upset and called around to a couple of other companies because I couldn’t figure out how it could be bad on 2 3 year old house when | maintained our system. I was then told that he should have pumped out BOTH sides of our tank and cleaned our filter, which he did not do. When I called Lehigh Septic back J was told that he charges more for a complete pump out and that wasn’t the problem anyway. He told me that if 1 want a complete pump out it would be $270. This was not tald to me before at ary time so I becarne suspicious. That is when I contacted Gator Septic to do.the work aud also the health department to file a complaint. I was contacted on 2/4/2009 by Lehigh Septic to ask me not to file.a complaint with this office and he gave me my money back not to file the complaint. Several pictures were taken by the health department and they witnessed the proper cleaning of my system. by Gator Septic. ; Makef? 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Coe [- {> woo'ondeguoweg mmm at prosuy zs1s-192 (6e2)Xe EG p-Z9z (6EZ) . : GYSG ba poy - ZLOEE EDUOLY ‘SIEKW 0.4 femueg SUITE O66 aay F HaqGuO MHOM/ADI0ANI “OU BIAS INdas sojeg | — thea bh a Veoh A HOMIE 9 TEE Sea SR Ren EER ne et nab Sever ptm LEHIGH SEPTIC, INC. P.O, Box 487 + Alva, FL 33920-0487 (259) 728-3444 + (239) 728-3375 FAX (239) 728-2659 Lehigh (259) 368-7569 + LaBelle (863) 675-0361 Pt, Charlotte (941) 255-0062 a pam; 2 fog ‘chael : (Ler CUSTOMER NAME: JOB ADDRESS: mune ee a ee Paid By ] Cash 0] Check #. BALANCE DUE » ESTIMATE FOR:C-Pumping ©] Monthly Account ] Drainfield Repair , CO New Installation O Hauling-O Grading O Clearing CO Tractor Work ClInspection C.Other EXPLANATION: NOTE: We are not respanelble for any damage to lum, sprivilers, sod, driveways or walkways. It {s the owner's responsibility to let us know of, pny electripal, water, phone or cable tines, oot ee CUSTOMER'S OR AUTHORIZED SIGNATURE “ Thank You for Your an Ser Atvechme ray WD 68L9L9reE7 12697 Wa 2Me RANZ, ‘OL UeIAL ‘KepuolAl oed FedEx Express U.S. Mail: PO Box 727 Customer Supporl Traca Memphis, TN 38194-4643 3875 Alrways Boulevard Module H, 4th Floor Telephone: 901-369-3600 Memphis, TN 38116 March 6,2009 Dear Customer: The following is the proof-of-dclivery for tracking number 797370666007. Delivery Information: Status: Delivered Delivery location: Alva, FL Signed for by: C.SANDERS Delivery date: Mar 4, 2009 12:47 Service type: Standard Envelope Shipping Information: Tracking number: 797370666007 Ship date: Mar 3, 2009 Recipient: Shipper: Alva, PLUS Fort Myers, FL US Reference LEE- Ell Thank you for choosing FedEx Express. FodEx Worldwide Customer Service 1.800.GoFedEx 1.800.463.3339 6RLOLOrBEZ 12627 la ENE RANZ ‘at UDeIA ‘AeouorAr

Docket for Case No: 09-001737