FILED NOV 24 2014 “TEFEATWATER ——-Dockeled by Ima 7 STATE OF FLORIDA IN THE MATTER OF: IH- H¥5| PL CASE NO.: 158045-14-FM MATTHEW SCHLOSSMAN / 3 = A ADMINISTRATIVE COMPLAINT oO TO: Matthew Schlossman = 3123 Shamrock Street East > Tallahassee, Florida 32309 = 2 Matthew Schlossman (the “Respondent”), Firefighter II Compliance (Cerfiicate LD. #93792), Hazardous Material Technician (Certificate 1D. #145098), Fire Investigator I (Certificate 1D. #162325), Fire Officer I (Certificate 1D, #15110), and Instructor I (1D. #147135) (collectively the “Certificates”), is hereby notified that the Chief Financial Officer of the State of Florida, acting in the capacity of State Fire Marshal, or his designee, has investigated the Respondent’s activities while certified as a Firefighter II Compliance, Fire Investigator I, Fire Officer I, Hazardous Material Technician, and Instructor I in this State, as a result of which it is alleged: GENERAL ALLEGATIONS 1. On or about March 11, 1999, Respondent met the requisite standards for a Firefighter II Certificate of Compliance, I.D, #93792, in this state as defined in section 633.406, Florida Statutes, and chapter 69A-37, Florida Administrative Code. 2. On or about March 27, 2008, Respondent met the requisite standards for a Certificate of Competency as a Hazardous Material Technician, I.D. #145098. 3. On or about July 1, 2008, Respondent met the requisite standards for a Certificate of Competency as an Instructor I, 1.D. #147135, in this state as defined in section 633.406, Florida Statutes, and Rule 69A-37.059, Florida Administrative Code. 4. On or about January 30, 2009, Respondent met the requisite standards for a ' Certificate of Competency as a Fire Officer I, I.D. #151110, in this state as defined in section 633.406, Florida Statutes, and Rule 69A-37.065, Florida Administrative Code. 5. On or about September 24, 2010, Respondent met the requisite standards for a Certificate of Competency as a Fire Investigator I, I.D, #162325, in this state as defined in section 633.406, Florida Statutes; and Rule 69A-37.065, Florida Administrative Code. 6. Pursuant to chapter 633, Florida Statutes, the Chief Financial Officer, as. State Fire Marshal, and the Department of Financial Services, Division of State Fire Marshal (the “Department”) have jurisdiction over fire certifications, 7. The Department is authorized to revoke the certification of an instructor, pursuant to section 633.128(1)(d), Florida Statutes. 8. The Department is authorized to provide for the courses of study and curriculum of the Florida State Fire College, pursuant to section 633.128(1)(k), Florida Statutes. 9. In or about June 2011, the Respondent was approved by the Department to teach Fire Service Courses. 10. In or about February 2014, the Department received a complaint regarding the Respondent’s methods of teaching. 11. Respondent held the Certificates in this state at all times pertinent to the dates and occurrences referenced herein. COUNTI 12, The above General Allegations are hereby realleged and fully incorporated by reference herein. 13. The Department determined the Respondent did not obtain online course approval from the Department prior to teaching an online course, pursuant to the Department’s guidelines. 14, The Respondent failed to follow established curriculum for courses ‘taught, pursuant to the Department’s guidelines. 15, | The Respondent issued course credit and course completion for persons not qualified for the course credit and course completion. IT IS THEREFORE CHARGED that the Respondent has violated the following provisions of chapter 633, Florida Statutes and title 69A, Florida Administrative Code, which constitutes grounds for the revocation of the Respondent’s Fire Certifications: (a) Section 633.106, Florida Statutes, which provides the State Fire Marshal may deny, suspend, or revoke the license, certificate, or permit of any individual who does not meet the qualifications established by, or who violates any provision: under, this chapter or any rule authorized by this chapter; (b) — Section 633,128(d), Florida Statutes, which provides the division shall specify, by rule, standards for the certification, denial of certification, probation, and revocation of certification for instructors; (c) Section 633.426(4), Florida Statutes, which provides the certification of an - individual shall be revoked if evidence is found which demonstrates that the individual has demonstrated a lack of moral fitness or trustworthiness to carry out the responsibilities under the individual’s certification; — (dd) Section 633.412(2), Florida Statutes, which provides if the division suspends or revokes an individual’s certificate, the division must suspend or revoke all other certificates issued to the individual by the division pursuant to this part; (e) Rule 69A-37.059(7)(c), Florida Administrative Code, which provides the certification of an instructor shall be revoked if evidence is found that the instructor has issued or ‘caused to be issued.course credit or course completion for any person not qualified; (f): Rule 69A-37.065(2), Florida Administrative Code (2012), which provides that the Fire Officer Program is intended to to prepare students for service as fire department lieutenants, captains or equivalent positions and consists of Fire Officer I and Fire Officer II certificates of competency, (a) Fire Officer I. 1. Length of Program. a. This program consist of no fewer than seven courses, vocational or academic, or at least 280 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training. b. Effective July 1, 2001 this program shall increase to eight courses or at least 320 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training. 2. Content of the ' Program. a. The program includes coursework in firefighting tactics, leadership of fire companies, fire prevention techniques, fire protection systems, and instructional methodology. b. After July 1, 2001, the program shall also include coursework in building construction and incident management, 3. Instructor Qualifications. a. Instructor I must hold a state certificate of competency for Fire Officer I. 4. Requirements for Certificate of Competency; a. Successful completion of all required course work. b. Passing a state examination with a score of 70% or higher, WHEREFORE, the Respondent is hereby notified that the Chief Financial Officer of the State of Florida, acting in the capacity of State Fire Marshal, or his designee, intends to enter an order revoking the Respondent’s Instructor I certificate. The Respondent is further notified that the order entered revoking his Instructor I certificate shall automatically revoke all other certificates, including, Fire Investigator I, Fire Officer I, Firefighter II Compliance, and Hazardous Material Technician held by him as provided in section 633.412(2), Florida Statutes, Pm DATED and SIGNED this Z | day of November, 3014. Defuty Chief Financial Officer NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to sections 120,569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within 21 days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with Julie Jones, Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0309. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN 21 DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.201, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. If a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the bases for the Department’s action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Financial Services. - STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: MATTHEW SCHLOSSMAN CASE NO.: 158045-14-FM / ELECTION OF PROCEEDING T have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and I understand my options, | am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1. [] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. 2. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): [] Submit a written statement and documentary evidence in lieu of a hearing; or [] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or {] Attend that same hearing by way of a telephone conference call. 3. [] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to Section 120,57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, I have identified the disputed issues of material fact, TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0390, Signature Print Name Date: : Address: Date Administrative Complaint Received: Phone No.: If you are represented by an attorney or qualified Email: representative, please attach to this election form his or her name, address, telephone and fax numbers Name: . Phone No.: Address: | CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a ‘true and correct copy of the foregoing Administrative Complaint and Election of Proceeding has been furnished to: Matthew Schlossman, 3123 Shamrock Street East, Tallahassee, Florida 32309, by Certified Mail this Z y day of November, 2014. veiisse E. Dembicer ivision of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-5829 Attorney for Department

Docket for Case No: 14-005851PL