STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL OVERSIGHT DEPARTMENT OF HEALTH, Petitioner, os = vs. Case No. 2012-16867 & Qo POSITIVE MOBILITY _ d/b/a POSITIVE MEDICAL Fa TRANPORT, 2 Respondent. " / ADMINISTRATIVE COMPLAINT The Department of Health (“Petitioner”), by and through the undersigned attomey, files an Administrative Complaint against Positive Mobility d/b/a Positive Medical Transport, and states: NATURE OF ACTION 1. Pursuant to § 401.411(7), Fla. Stat. (2013), this is an action to reprimand Respondent’s Advance Life Support (ALS) service provider license and impose administrative fines up to $1,000.00 per day per count as provided by law. JURISDICTION AND VENUE 2. The Petitioner has jurisdiction pursuant to Chapter 120, Fla. Stat. (2013) and Fla. Admin. Code R. 28-106. 3. Venue lies pursuant to Fla. Admin. Code R. 28-106.207 PARTIES 4. Petitioner is a state agency established in § 20.43, Fla. Stat. (2013), and is charged with regulating emergency medical services pursuant to Chapter 401, Fla. Stat. (2013). 5. At all times material hereto, the Respondent was licensed as an ALS service provider, license number ALS 2802. 6. The Respondent’s address of record and mailing address is 201 Commercial Court, Sebring, Florida 33876. 7. At all times material hereto, the Respondent had Certificates of Public Concern and Necessity (“COPCN”) to conduct pre-hospital transports in the following counties: Glades, Hardee, Hendry, Highlands, Okeechobee and Polk. COUNTI RESPONDENT VIOLATED SECTION 401.411(1)(j), FLORIDA STATUTES, BY FRAUDULENTLY ADVERTISING IT WAS AN ADVANCED LIFE SUPPORT SERVICE PROVIDER FOR DESOTO COUNTY, WHEN IN FACT IT HAD NO CERTIFICATE OF PUBLIC CONCERN AND NECESSITY WITH SAID COUNTY 7. Petitioner re-alleges and incorporates paragraph 1 through 7 as if fully set forth herein. 8. Pursuant to § 401.411(1)G), Fla. Stat. (2013), the Department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any license, certificateholder, or other person, or other person operating under this part for any of the following grounds: Gj) Fraudulent or misleading advertising or advertising in an unauthorized category. 9. At all times material hereto, the Respondent advertised through the following Internet website: www.pmtinc.us/services/. 10. On June 14, 2013, a false advertising or misleading advertising complaint was filed with the Department and printouts from the Respondent’s website were provided by the complainant. The website printouts show that on June 13, 2013, the Respondent claimed its’ “operating area” included Desoto County. . 11. On June 13, 2013, the Respondent did not have a COPCN with Desoto County. 12. After discussions with representatives of the Department, the Respondent modified the website’s language. A search of the website on June 24, 2013, showed that the Respondent had removed Desoto County from is operating area. 13. From June 13, 2012, when the complainant printed the webpage claiming the Respondent’s operating area included Desoto County, until June 24, 2014, when Desoto County was removed from the operating area on the website, totals 1 1days. 16. Pursuant to § 401.411(7), Fla. Stat. (2013), the Petitioner may impose an administrative fine, not to exceed $1,000.00 per violation and each day constitutes a separate violation and is subject to a separate fine. 12. Based on the following, Petitioner may impose fines up to $11,000.00 for violating § 401.411(1)(j), Fla. Stat. (2013). CONCLUSIONS OF LAW 13. Respondent violated § 401.411(1)G), Fla. Stat. (2013), by falsely advertising or misleading the public on its website that its’ operating area included Desoto County when it did not have a COPCN with said county. 14. Pursuant to § 401.411(1)(a), Fla. Stat. (2013), a licensee may be disciplined for a violation of 401.411(1)(), Fla. Stat. (2013). 15. All classifications of EMS licensure held by Respondent are subject to any final order which issues in this case, as provided by § 401.411(2), Fla. Stat. (2013). 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 § 401.411(1), Fla. Stat. (2013), reprimand the Respondent’s ALS service provider license. c. Pursuant to § 401.411(7), Fla. Stat. (2013), administratively fine the Respondent $11,000.00 ($1,000 each day) for violating § 401.411(1)(j), Fla. Stat. (2013). d. Provide such other relief as may be proper. Dated this L SY, day of , 2014. Fla. Bar No. 0480649 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: caryl-kilinski@flhealth.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by USS. certified mail to Positive Mobility d/b/a Positive Medical Transport, 201 Commercial Court, Sebring, Florida 33876 on this L. day of May, 2014. 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 #A-02 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.

Docket for Case No: 14-004190