STATE OF FLORIDA DEPARTMENT OF HEALTH STATE OF FLORIDA, DY- OY ai ‘4 DEPARTMENT OF HEALTH, i S108 Petitioner, USTRATIVE ADMINISTRATIVE FINE “RI4GS ' $2,000.00 vs. CONTRACTOR LICENSE NO. RF0063998 DAVID C. COKER, individually a/k/a ACE PLUMBING & DRAIN 8861 Gulf Beach Highway Pensacola, FL 22507 Respondent. ADMINISTRATIVE COMPLAINT The State of Florida, Department of Health, Escambia County Health Department, imposes an administrative fine in aggregate amount of $2,000.00 for the following violations. Payment is due and payable to the Florida Department of Health. Deliver payment to the undersigned. JURISDICTION 1. The department shall . . . [dJevelop a comprehensive program to ensure that onsite sewage treatment and disposal systems regulated by the department are... . abandoned . . . in compliance with this section and rules adopted under this section to prevent groundwater contamination and surface water contamination and to preserve the public health. Section 381.0065(3)(c), Florida Statutes. 2. [T]he department may impose a fine, which shall not exceed David Coker Administrative Complaint Page 1 of 6 $500 for each violation, for a violation of .. . Ss. 381.0065... for a violation of any rule adopted under this chapter, or for a violation of any of the provisions of chapter 386. Section 381.0061(1), Florida Statutes. 3. The department shall... Conduct enforcement activities, including imposing fines . . . for violations of this section, part I of chapter 386... or for a violation of any rule adopted under this section, [or] part I of chapter 386... . Section 381.0065(3)(h), Florida Statutes. COUNT I 4, David C. Coker, a registered plumbing contractor, license number RF0063998, (d/b/a Ace Plumbing and Drain, LLC) contracted with Wanda Gunion residing at 401 Chaseville Street, Pensacola, Florida to abandon a septic tank at said residence. 5. On or about May 15, 2007, David C. Coker dug a hole by said septic tank and drained the tank contents from the tank to the hole. 6. The following actions shall be taken, in the order listed, to abandon an onsite sewage treatment and disposal system: (a) Property owner or agent shall apply for a permit from the department . . .. Upon receiving a permit: (b) The tank shall be pumped out. Rule 64E-6.011, Florida Administrative Code. 7. The action of David C. Coker first above described is a violation of Rule 64E-6.011, Florida Administrative Code, and is fined $500.00. COUNT II 8. David C, Coker, a registered plumbing contractor, license number RF0063998, (d/b/a Ace Plumbing and Drain, LLC) contracted with David Coker Administrative Complaint Page 2 of 5 Wanda Gunion residing at 401 Chaseville Street, Pensacola, Florida to abandon a septic tank at said residence. 9. On or about May 15, 2007, David C. Coker drained untreated human waste from the septic tank to the unprotected earth. 10. The following conditions . . . caused by any individual . . . shall constitute prima facie evidence of maintaining a nuisance injurious to health: Untreated or improperly treated human waste . . .. Section 386.041(1){a), Florida Statutes. 11. The action of David C. Coker first above described is a violation of a provision of chapter 386, Florida Statutes, a nuisance injurious to health and is fined $500.00. COUNT ITI 12. David C. Coker, a registered plumbing contractor, license number RF0063998, (d/b/a Ace Plumbing and Drain, LLC) contracted with Patricia W. Barley residing at 23 Audusson Avenue, Pensacola, Florida, to perform septic to sewer conversion at said residence. 13. Between the 1° of March and the 31* of July, 2007, David C. Coker abandoned said septic tank and left the tank with no soil cover and parts of the tank protruding above the ground surface. 14, The tank shall be filled with clean sand or other suitable material, and completely covered with soil. Rule 64E-6.011(2)(d), Florida Administrative Code. 15. The action of David C. Coker first above described is a violation of Rule 64E-6.011, Florida Administrative Code, and is fined $500.00. David Coker Administrative Complaint Page 3 of 5 COUNT IV 16. David C. Coker, a registered plumbing contractor, license number RF0063998, (d/b/a Ace Plumbing and Drain, LLC) contracted with Patricia W. Barley residing at 23 Audusson Avenue, Pensacola, Florida to perform septic to sewer conversion at said residence. 17. Between the 1% of March and the 31 of July, 2007, David C. Coker abandoned said septic tank and did not arrange for an inspection. 18. An inspection of the system abandonment shall be conducted by the department. ... Rule 64E-6.011(2)(e), Florida Administrative Code. 19. The action of David Coker first above described is a violation of Rule 64E-6.011, Florida Administrative Code, and is fined $500.00. NOTICE OF RIGHTS TO APPEAL A party who is adversely affected by this action may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. Such proceedings are governed by Chapter 28-106, Florida Administrative Code. A petition for a hearing must be in writing and must be received by the Agency Clerk for the Department within 21 days from receipt of this action. The address for the Agency Clerk is: R.S. Power, 4052 Bald Cypress Way, BIN #A02, Tallahassee, FL 32399-1703, The facsimile number is (850) 410-1448. See attached document, Election of Rights. Mediation is not available as an alternative remedy. FAILURE TO SUBMIT A PETITION FOR HEARING WITHIN 21 DAYS FROM RECEIPT OF THIS DOCUMENT CONSTITUTES WAIVER OF YOUR RIGHT TO AN ADMINISTRATIVE HEARING, AND THIS DOCUMENT BECOMES A FINAL David Coker Administrative Compiaint Page 4 of 5 ORDER OF THE DEPARTMENT. A party who is adversely affected by a 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 Agency 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 the rendition of a final order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to David C. Coker, Ace Plumbing & Drain, 8861 Gulf Beach Highway, Pensacola, FL 32507 by U.S. Certified Mail Number 7003 3110 0006 aH 4681 3388 Return Receipt Requested, on this the i bday of AuGusT, 2007. Chief Counsel ~ Department of Health Northwest Law Office 1295 West Fairfield Drive Pensacola, Florida 32501 (850) 595-6517 FAX (850) 595-6530 B05- . Cc: Department of Business and Professional Regulation —— iy Jf Division of Regulation/Compliance S x? Consumer Services 1940 North Monroe Street Tallahassee, Fl 32399-0782 David Coker Administrative Complaint Page 5 of 5 STATE OF FLORIDA = : DEPARTMENT OF HEALTH B bes E 10 HAY 21 A I 05 =-tL 7H ULVISION ¢ ADHINISTRative - HEARINGS ADMINISTRATIVE FINE $2,000.00 “S. CONTRACTOR LICENSE NO. RF0063998 DAVID C. COKER, individually a/k/a ACE PLUMBING & DRAIN 8861 Gulf Beach Highway Pensacola, FL 32507 Respondent. ELECTION OF RIGHTS (Please select only 1 of the 3 options) I have read the Explanation of Rights and understand my options. 1. ) I do not dispute the allegations of fact in the Administrative Complaint, but do wish to be accorded an informal hearing or proceeding, pursuant to § 120.57(2), Florida Statutes, at which time I will be permitted to submit oral and/or written evidence to the Department, in mitigation of the complaint. Most informal hearings are conducted at agency headauarters in Tallahassee, Florida. 2. ) I do not dispute the allegations of fact contained in the Administrative Complaint and waive my right to object or be heard. 3. (“) I do dispute the allegations of fact contained in the Administrative Complaint and wish to petition for a hearing pursuant to § 120.57(1), Florida Statutes. Below I have identified each fact I dispute (attach extra pages as needed): Note: Mediation pursuant to § 120.573, Florida Statutes, is not available for this action. Coker Page 1 of 2

Docket for Case No: 08-002478