STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES! D&C 12 PH 19: @7 OFFICE GF THE che DEPARTMENT OF HEALTH, Petitioner, vs. : Case No. 2011-06673 APOPKA FIRE DEPARTMENT, Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF HEALTH (‘Petitioner’), by and through the undersigned attorney, files an Administrative Complaint against APOPKA FIRE DEPARTMENT (‘Respondent’) and states: NATURE OF ACTION 1. Pursuant tos. 401 Att , Florida Statutes (Fla. Stat.), this is an action to reprimand Respondent's Advance Life Support (“ALS”) license and impose administrative fines up to $1,000.00 per count as provided by law. JURISDICTION AND VENUE 2. The Petitioner has jurisdiction pursuant to Chapter 120, Fla. Stat. and Rule 28- 406, Florida Administrative Code (F.A.C.). 3. Venue lies pursuant to Rule 28-106.207, F.A.C. PARTIES 4. Petitioner is a state agency established in s. 20.43, Fla. Stat., and is charged with regulating emergency medical services pursuant to Chapter 401, Fla. Stat. Filed March 2, 2012 8:00 AM Division of Administrative Hearings 5. At all times material hereto, Respondent has been licensed as an ALS service provider, license number ALS 4803. 6. Respondent’s address of record is 175 East 5” Street, Apopka, Florida 32703. COUNT | . RESPONDENT VIOLATED SECTION 401.411(1)(a), FLORIDA STATUTES, BY FAILING TO TIMELY RENEW ITS ADVANCED LIFE SUPPORT PROVIDER LICENSE AS REQUIRED BY SECTION 401.26(5), FLORIDA STATUTES 7. Petitioner re-alleges and incorporates paragraph 1 through 6 as if fully set forth herein. 8. Pursuant to s. 401.26(5), Fla. Stat., in order to renew an ALS vehicle or aircraft permit, the licensee must submit an application for permit renewal not more than 90 days or less than 30 days prior to the expiration of the permit. 9. Respondent's ALS provider license was due to expire on April 18, 2011 and its application for renewal was due no later than March 19, 2011. 10. Respondent's submitted application for renewal was received by the Petitioner on or about April 7, 2011. 11. Respondent's application for permit renewal was approved by the Petitioner on April 12, 2011, twenty-four days after the application for renewal was due. 12. Pursuant to s. 401.411(7), Fla. Stat., the Petitioner may impose an administrative fine, not to exceed $1 000 per violation and each day constitutes a separate violation and is subject to a separate fine. . . 13. Based on the following, Petitioner may impose fines up to $24,000.00 for violating s. 401.26(5)(a). < CONCLUSIONS OF LAW 14. Respondent violated s. 401.26(5)(a), Fla. Stat., by failing to timely submit an ALS application for renewal. 15. Pursuant to s. 401.411(1)(a), Fla. Stat., a licensee may be disciplined for violation of ss. 401.26(5), 16. All classifications of EMS licensure held by Respondent are subject to any final order which issues in this case, as provided by s. 401.411(2), Fla. Stat. CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully requests that the following sanctions be imposed against Respondent: a. Make factual and legal findings in favor of Petitioner on Count I. b. Pursuant to s. 401.411(1), reprimand Respondent's ALS license. c. Pursuant tos. 401.411(7), administratively fine Respondent $24,000.00 ($1,000 each day) for violating s. 401.26. d. Provide such other relief as may be proper. Dated this_/ day of _ Dece,- bt 2011 Respectfully submitted, NICHOLAS W. ROMANELLO General Counsel Florida Department of Health THOMAS F. CONGDON Assistant General Counsel Be THOMAS F. CONGDON 3 = Assistant General Counsel Fla. Bar No. 0620408 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #A02 Tallahassee, FL 32399-1703 Telephone: (850) 245-4005 Facsimile: (850) 413-8743 Email: thomas_congdon@doh:state.fl.us CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. certified mail to Apopka Fire Department, c/o Captain Chuck Carnesale, 175 E. 5" Street, Apopka, FL 32703, on this_/2 day of Cte be , 2011. : THOMAS F. CONGDON Assistant General Counsel NOTICE OF RIGHTS Respondent has the right to request_or petition for an administrative hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes. Respondent has the right to be represented by counsel or other qualified representative. Administrative hearings are governed by Rule 28-106, Florida Administrative Code. A request or petition for an administrative hearing must be in writing and must be received by the agency clerk within twenty-one (21) days from the day you received this Administrative Complaint. A request or petition for a hearing must be in conformance with Chapter 28-106.2015(5), Florida Administrative Code and must be sent to the Agency Clerk at the following address: Agency Clerk Department of Health 4052 Bald Cypress Way, Bin #C-01 Tallahassee FL 32399-1703. Mediation is not available as an alternative remedy. Your failure to submit a petition for hearing within 21 days from receipt of this Administrative Complaint will constitute a waiver of your right to a hearing, and this complaint will thereby become a final order of the department. 4

Docket for Case No: 12-000805