OCT £2 THE TREASURER OF THE STATE OF FLORIDA q : 2001 DEPARTMENT OF INSURANCE TREAS i TomM GALLAGHER Cocketed by: IN THE MATTER OF: CASE NO.: 43184-01-FM MANUEL FERNANDEZ, JR. / ADMINISTRATIVE COMPLAINT ba } 222 5 TF) TO: MANUEL FERNANDEZ, JR. me< 2 wo 6614 Central Avenue ze (ty or Tampa, Florida 33604 Src: ’ Sa DP ko = You, MANUEL FERNANDEZ, JR., are hereby notified that the Treasurer did Insueance Commissioner of the State of Florida, or his designee, acting in the capacity of State Fire Marshal, has caused to be made an investigation of your activities while certified as a firefighter in this state, as a result of which it is alleged: GENERAL ALLEGATIONS ‘ 1. Pursuant to Chapter 633, Florida Statutes, you, MANUEL FERNANDEZ, JR., are currently certified in this state as a firefighter. 2. At all times pertinent to the dates and occurrences referred to herein, you, MANUEL FERNANDEZ, JR., were certified in this state as a firefighter and employed by the Hillsborough County Fire Rescue. 3. Pursuant to Chapter 633, Florida Statutes, the Treasurer and Insurance Commissioner, or his designee, acting in the capacity of State Fire Marshal, has jurisdiction over your firefighter certification. ry a ‘peice 2 sie. i COUNT I 4. The above General Allegations are hereby realleged and fully incorporated by | reference herein. lL. 5. On or about September 21, 1987, you, MANUEL F ERNANDEZ, JR., became certified as a firefighter in the State of Florida. . | 6. From August 17, 1987 through June 13, 2001, you, MANUEL FERNANDEZ, JR., were employed as a firefighter by the Hillsborough County Fire Rescue. 7. On or about April 12, 2001, a criminal information was filed, in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, charging that on or about August 1, 2000, you, MANUEL FERNANDEZ, JR., did enter a conveyance with the intent to commit an offense within and you, MANUEL FERNANDEZ, J R., did commit a battery or assault upon another person. 8. On or about June 28, 2001, you, MANUEL FERNANDEZ, JR., pled guilty to Burglary of a Conveyance with Assault or Battery, a felony, in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. Adjudication of guilt was withheld and you, MANUEL FERNANDEZ, JR, were placed on probation for a period of five (5) years and you __ were ordered to pay court costs. . | 9. On or about uly 16, 2001, the Bureau of Fire Standards and Training received a Notice of Termination of Employment as a Firefighter dated June 13, 2001, and signed by Fite Chief N.L. Nesmith with the Hillsborough County Fire Rescue on July 11, 2001. re oak. 10. Said notice stated that you, MANUEL FERNANDEZ, JR., had resigned from your. position as a firefighter with the Hillsborough County Fire Rescue in lieu of further disciplinary proceedings. 11. You, MANUEL FERNANDEZ, JR., are currently on probation in the criminal | 1 case. IT IS THEREFORE CHARGED that you, MANUEL FERNANDEZ, JR., have violated or are accountable under the following provision(s) of Chapter 633 Florida Statutes, and/or Rules of the Department that constitute grounds for the revocation of your certification as a firefighter: : (a) The certification of a firefighter who is convicted of a felony, or who is convicted of a misdemeanor relating to misleading or false statements, or who pleads nolo contendere to any charge of a felony shall be revoked until the firefighter complies with Section 112.01 1(2)(b), Florida Statutes. However, if sentence upon such felony or such misdemeanor charge is suspended or adjudication is withheld, the firefighter’s certification shal! be revoked until she or he completes any probation. [Section 633.351(2), Florida Statutes]. WHEREFORE, you, MANUEL FERNANDEZ, JR., are hereby notified that the Treasurer and Insurance Commissioner of the State of Florida, or his designee, acting in the capacity of State Fire Marshal, intends to enter an Order revoking your certification as a firefighter or to impose such penalties as may be provided under the provisions of Sections 633.163, 633.167, and 633.171 Florida Statutes, and under the other referenced or applicable sections of the Florida Statutes|as set out in this Administrative Complaint. You are further notified that any order entered in this case revoking any certificates or eligibility for certification held by you shall also apply to all other licenses, certificates, and eligibility held by you under Chapter 633, Florida Statutes. ws q 4 4 “in the Department within twenty-one (21) days of the date of your receipt of this notice. dispute of fact if you feel that a ‘pearing i is necessary one will be conducted in Tallahassee, | NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule Chapter 28- 10é, Florida Administrative Code, you have the right to request a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be _ filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida, 32399-0333. If Express Mail or hand-delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East Gaines _ Street, Tallahassee, Florida, 32399-0333. The Petition or Election must be received by, and filed YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS 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'a proceeding is requested and there is no dispute of fact, the provisions of section 120. 57), Florida Stat tes, we ald apply. In this regard you may submit oral or written evidence in ‘opposition to the action taken by this agency ore a writen statement challenging the grounds upon which the agency has relied. While a hearing is «normally n not required in the absende ofa Florida, or by telephonic conference call u upon your request. sf you dispute material facts which are the basis for this agency's action, you may request a proceeding pursuant t to sections 120. 569 and 120 51), Florida Statutes, ‘ifye you request this a —_ rrr ES A A anal type of proceeding, the request must comply with all of the requirements of Rule Chapter 28- 106, FAC. and contain a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; ‘ b) An explanation of what relief you are seeking and believe you are entitled to; { c) Any other information which you contend is material. 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. : If you request a hearing, you have the right to be represented by counsel, or other | qualified representative, to take testimony, to call and cross-examine witnesses, and to have 4 subpoena and subpoena duces tecum issued on your behalf. . You are hereby notified that mediation under section 120.573, Florida Statutes, is not available. | Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shall be considered free form agency action, and no such correspondence shall operate as a valid request for an administrative proceeding. Any request for 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. DATED and SIGNED this __12TH_ day of OCTOBER 2001 BE tH Wd Z- AON 10 1ON ON DELIVERY ix) <, COMPLETE THIS SECT! . Article Number A Received by (Please Print Clearly) NHN C. Signature 7iDb 4575 1294 1255 S454 . Service Type CERTIFIED MAIL . Restricted Delivery? (Extra Fee) . Article Addressed to: B. Date of Delivery ao 9 O- IfYES, enter delivery address belo iS (Byes MANUAL FERNANDEZ, JR. 6614 CENTRAL AVENUE cum 9 TAMPA, FLORIDA 33604 gg :0iHY Yt 190 ACTER Toot ee LADASTARIACKSON PS Form 3811, June 2000 Domestic Return Receipt : 6 | CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: MANUEL FERNANDEZ, JR., 6614 Central Avenue Tampa, Florida, 33604, by U.S. Certified Mail this 12 day of OCTOBER, 2001. Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Fl 32399-0333 (850) 922-3110, Ext. 4210 ?

Docket for Case No: 01-004322PL