RR eee ORF Dott -ol- /35.2-FOF-HST Final Order No. Date_£220-0/ FILED STATE OF FLORIDA Department of Health DEPARTMENT OF HEALTH AGENCY CLERK : Theodore M. Hancerson, Agency Clark CLARKE V. KELLER, a y Petitioner, eputy Agency Clerk v. DOAH CASE NO.: 00-00060, DEPARTMENT OF HEALTH, Respondent. FINAL ORDER THIS MATTER comes before me for consideration of Respondent's Motion for Final Order ("Motion"). As grounds for its Motion, Respondent states that following referral of Petitioner's request for an administrative hearing concerning Respondent's denial of Petitioner's variance request, Respondent filed a Motion with the Administrative Law Judge assigned to hear this matter to hold this matter in abeyance pending actions by other state agencies related to. the subject matter of this case. Following the filing ‘of that Motion, on January 18, 2000, the Administrative Law Judge entered an Order placing the case in abeyance. On May 15, 2000 the Administrative Law Judge entered a second Order continuing to hold the case in abeyance. This second Order required the parties to supply a status report no later than September 15, 2000 and advised that failure to cope ome ‘However do so would result in the matter being closed. Neither party filed a status report by the required date. Consequently, on October 6, 2000, the Administrative Law Judge entered an Order Closing File. on June 6, 2001, Respondent served on Petitioner its Motion for Final Order. . Although the Motion indicates that it was sent to Petitioner and the agency Clerk for the Department of Health on June 6, 2001, it was not received and filed with the Agency Clerk until June 19, 2001. As of the date of this Order, Petitioner has not filed any response to the Motion. Implicit to this Motion is the assertion that Petitioner, by his failure to submit a status report to the Administrative Law Judge, has abandoned his request for an administrative hearing regarding the variance denial. The argument is supported by Petitioner's failure to respond to Respondent's Motion for Final Order. within aes Nee case 6 we PRAT . ~ ina e entered ordering Petitioner to comply with the October 22, 1999 letter informing Petitioner of Respondent's decision to deny his request for a variance. a careful review of this letter reveals that it Petitioner, instead, simply informing him of the ROLE aetna PST Order, Respondent requests oni ci Beit Respondent's decision and reasons for the decision. As such, there are no provisions contained in the letter which Petitioner can be ordered to comply with. . Therefore, and being well advised in the premises, it is hereby ORDERED and ADJUDGED that Petitioner's Petition for Administrative Hearing should and the same is hereby DISMISSED with prejudice. This matter is closed. DO! AND ORDERED at Tallahassee, Leon County, Florida this (4 aay of b 2001. ROBERT G. BROOKS, M.D. Secretary, Department of Health BY: whet Richard G. Hunter, Ph. D. Deputy State Health Officer NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS 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 ONE COPY OF ‘A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENT OF HEALTH, AND A SECOND COPY, ACCOMPANIED BY THE FILING FEES REQUIRED BY LAW, WITH THE DISTRICT COURT 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 RENDITION OF THIS FINAL ORDER. weromceet vere : Copies Furnished: Clarke V. Keller . 35380 Washington Loop Road Punta Gorda, FL 33982 Susan Mastin Scott, Esquire Chief Legal Counsel Department of Health 2295 Victoria Avenue, Room 207C Fort Myers, FL . 33901 Gerald Briggs, Bureau Chief Environmental Health/On-Site Sewage Department of Health / 4052 Bald Cypress Way, BIN A08 Tallahassee, FL 32399 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 VINA day of Luguuck 2001. LS. sgi theodore M. Henderson, “Koency Glerk = . Department of Health BIN A02 4052 Bald Cypress Way Tallahassee, FL 32399-1703 Telephone: (850) 245-4005

Docket for Case No: 00-000006