STATE OF FLORIDA DEPARTMENT OF HEALTH STATE OF FLORIDA DEPARTMENT OF HEALTH, Petitioner, vs. DOH Case No.: CHRISTOPHER VANDUZER d/b/a BVD SEPTIC LLC, Respondent. ADMINISTRATIVE COMPLAINT Nature of the Case YOU ARE HEREBY NOTIFIED that this is an administrative action. This case arises from Respondent's unlawful acts and practices and failure to comply with Section 381.0065 and Chapter 489, Part Ill, Florida Statutes (2019) and Florida Administrative Code Chapter 64E-6 (2019). This action is authorized pursuant to Sections 381.0061, 381.0065 and 489.556, Florida Statutes, and Florida Administrative Code Rule 64E-6.022 governing disciplinary actions against registered septic tank contractors. Parties and Jurisdiction 1. The Petitioner, Department of Health (“Department”), is charged with the duty to enforce the provisions of Chapter 381 and Chapter 489, Part Ill, Florida Statutes, and Florida Administrative Code Chapter 64E-6. 2. The Respondent, Christopher VanDuzer, is a registered master septic tank contractor, Registration Number SM0981308, who is authorized to provide septic tank contracting services through BVD Septic, LLC, Authorization Number SA0061332. 3. The Respondent is the qualifying septic tank contractor for BVD Septic, LLC and is accordingly responsible for ensuring work for which he has contracted and which has been performed by him, or under his supervision, is carried out in conformance with the requirements of all applicable Florida Statutes and Florida Administrative Code Chapter 64E-6. 4. The Respondent advertises and holds himself out to the public as a septic tank contractor and engages in the practice of septic tank contracting in Duval County. Page 1 of 25 Respondent's Disciplinary History 5. The Department has issued previous disciplinary actions against the Respondent as follows: a. On July 21, 1999, the Department issued a warning letter for offering or providing services under a name not authorized by the Department violating §489.55, Fla. Stat. (1999) and Fla. Admin. R. 64-6.022(1)(a)(1999). (Exhibit A). . On August 11, 2017, the Department issued a warning letter for not conspicuously disclosing to the owner of an owner-occupied dwelling the owner had the right to maintain his own aerobic treatment unit in his service agreement violating §381.0065 (4)(u) 2., Fla. Stat. (2017) and Fla. Admin. Code R. 64E-6.002 (1)(I)1 (2017). (Exhibit B). . On January 31, 2019, the Department entered Final Order in case number 2019- 005 against the Respondent imposing an administrative fine in the amount of $2000 and a 30 day suspension for: installation of a septic tank without a permit in violation of Fla. Admin. Code R. 64E6.001(d)(2), 64E-6.003(1), 64E-6.004(1) and 64E-6.022(1)(b)(1), and §381.0065(4), Fla. Stat.; installation of a pump tank without a permit in violation of Fla. Admin. Code R. 64E-6.001(4)(d)(2), 64E- 6.003(1), 64E-6.004(1), 64E-6.022(1)(b)(1), §381.0065(3)(a) and (b), and §381.0065(4), Fla. Stat.; and installation of a system without inspection in violation of septic tank contractor disciplinary standards set forth in §381.0065 (a) and (b), Fla. Stat., Fla. Admin. Code R. 64E-6.003(2), 64E-6.022(1)(d), 64E-6.022(1)(b)(1), and 64E-6.022(1)(I) (2019). (Exhibit C). 6. Accordingly, the violations described herein are “repeat violations” for the purposes of determining the applicable range of discipline as set forth in Fla. Admin. Code R. 64E-6.022, which states: As used in this rule, a repeat violation is any violation on which disciplinary action is being taken where the same licensee had previously had disciplinary action taken against him or received a letter of warning in a prior case. This definition applies regardless of the chronological relationship of the violations and regardless of whether the violations are of the same or different subsections of this rule. The penalty given in the above list for repeat violations is intended to apply only to situations where the repeat violation is of a different subsection of this rule than the first violation. Where the repeat violation is the very same type of violation as the first violation, the penalty set out above will generally be increased over what is shown for repeat violations. Page 2 of 25 FACTUAL ALLEGATIONS COUNT I-V 7. The residential property located at 2463 Jernigan Road, Duval County, Florida (“Property”) is served by an onsite sewage treatment and disposal system (“Septic System’). 8. On or about August 15, 2018, permit number 16-SJ-1870243 was issued to Respondent to repair the septic system at 2463 Jernigan Road, Duval County, Florida. (Exhibit D). 9. The system was installed and Respondent called the Department to request a timed inspection in accordance with Fla. Admin. Code R. 64E-6.003(3) (2019) on September 27, 2018. 10. The Department was not onsite within 30 minutes of the scheduled time as required by Fla. Admin. Code R. 64E-6.003(3)(a) allowing the Respondent to cover the septic system. 11. Department Form DH 4016, System Repair Certification, is required by the next business day after a master septic tank contractor covers a septic system pursuant to Fla. Admin Code R. 64E-6.003. 12. Respondent did not submit Department form DH 4016 by September 28, 2018, after covering the septic system at 2463 Jernigan Road, Duval County, Florida. 13. The Department was unable to conduct a final inspection on 2463 Jernigan Road, Duval County, Florida, after the septic system was covered and the Department never received a completed form DH 4016 even though Respondent covered the septic tank. 14. The Respondent never submitted DH 4016 despite being contacted by the Department numerous times. 15. It is important for a master septic tank contractor to submit DH 4016 to the Department because it tells the Department everything about the system and allows the Department to ensure the repair was performed correctly. 16. On or about February 8, 2019, the homeowner complained to the Department that the septic tank at the above referenced property was failing despite the Respondent's recent repair. 17. Department contacted the Respondent, who indicated he would meet the homeowner at the affected property and follow up with the Department. 18. Environmental Specialist, Ginger Hancock, inspected the septic system at 2463 Jernigan Road and noted septic system failure including ongoing domestic waste leaking from the system on April 5, 2019. 19. Ms. Hancock confirmed continued leaking from the system, which had been going since February 8, 2019, per the homeowner. Page 3 of 25 20. The Respondent submitted a new repair permit for the failing system, and the Department issued permit number 16-SJ-1936948 on April 8, 2019. The system was installed and received construction approval. (Exhibit E). 21. — The information provided by the Respondent on the signed repair certification (DH 4016) received May 20, 2019, indicated the Respondent installed a 225 gallon tank with a legend of 70-154-54SC4. (Exhibit F). 22. This information is incongruent because legend number 70-154-54SC4 is a 540- gallon tank. 23. On or about June 4, 2019, David Helwig, Environmental Health Specialist, conducted an initial inspection of the septic system at the Respondent's request of the Respondent. Mr. Helwig noted the tank size on the property did not match the repair certification form, DH4016, from May 20, 2019. He requested a revised dosing tank size/legend to correct the inaccurate information related to the dosing tank. Final system approval was pending a stabilization inspection and the correction of the dosing tank size. 24. The Respondent did not amend the repair certification Form DH4016 to reflect the accurate tank size or receive a final inspection in accordance with Fla. Admin. Code R. 64E- 6.003(3)(c). 25. The Department was unable to perform a final inspection or authorize the system for continued use due to the Respondent's failure to submit accurate notification. 26. The system was repaired and put into use without the Department’s approval. 20: As of November 12, 2019, the septic system at 2463 Jernigan Road still had not received final approval from the Department. VIOLATIONS OF LAW COUNT | 28. | The Department realleges and incorporates by reference the allegations contained in paragraphs 1-27 as though fully set forth. 29. Pursuant to §381.0065(3), Fla. Stat. (2019), the Department (a) shall adopt rules to administer Section 381.0065-381.0067... and (b) perform application reviews and site evaluations, issue permits and conduct inspections. 30. Fla. Admin. Code R. 64E-6.003(2) requires an individual to notify the county health department of the completion of the construction activities and have the system inspected by the Department to ensure compliance. Page 4 of 25 31. The Respondent failed to notify the Department of completion of repair of the system for inspection by the Department or in the alternative complete form DH 4016 within one business day in violation of Fla. Admin. Code. R. 64E-6.003. 32. Failure to call in for required inspections is a violation of Fla. Admin. Code R. 64E- 6.022(1)(d)(2019) and may result in discipline including a fine up to $500 and a 90-day suspension or revocation for repeated violations. 33. This is a repeat violation for the Respondent under the Final Order in case number 2019-005. As such, the Department seeks a $500 fine and revocation of the Respondent’s septic tank contractor registration. COUNT Il 34. The Department realleges and incorporates by reference the allegations contained in paragraphs 1-27 as though fully set forth. 35. A master septic tank contractor shall document the inspection on page three of the Department Form DH 4016 and fax or hand deliver the form to the Department by the next normal business day pursuant to Fla. Admin. Code R. 64E-6.006(3). 36. The Respondent failed to obtain the requisite approval prior to covering the septic system at 2463 Jernigan Rd or submit a completed DH 4016 to the Department after the septic tank was covered for permit number 16-SJ-1870243. 37. Falsifying an inspection report or covering a system in violation of the standards of Fla. Admin. Code R. 64E-6.003 may result in discipline ranging from letter of warning or to a 90 day suspension of master septic tank contractor privileges or revocation of registration for a repeat violation, Fla. Admin. Code R.64E-6.022(1)(r) (2019). 38. This is a repeat violation for the Respondent under the Final Order in case number 2019-005. The Department hereby seeks revocation of the Respondent's septic tank registration. COUNT II! 39. The Department realleges and incorporates by reference the allegations contained in paragraphs 1-27 as though fully set forth. 40. The Respondent incorrectly listed the dosing tank size on its DH4016 and legend and did not correct it despite repeated requests by the Department. 41. The information provided by the Respondent contained false, misleading and untrue representations subjecting the Respondent to discipline under Fla. Admin. Code R. 64E- 6.002(1)(k) (2019). Discipline may range from a letter of warning or fine up to $500 up to revocation for a repeat violation. Page 5 of 25 42. This is a repeat violation. The Department hereby seeks revocation of the Respondent's septic tank registration. COUNT IV 43. | The Department realleges and incorporates by reference the allegations contained in paragraphs 1-27 as though fully set forth. 44. The Respondent's failure to timely repair the septic system at 2463 Jernigan Road resulted in the seepage of untreated human waste onto the property for nearly two months. 45. Maintaining or causing untreated or improperly treated human waste on the subject property is a sanitary nuisance injurious to public health under §386.041, Fla. Stat (2019). 46. Creating or maintaining a sanitary nuisance as defined by Section 386.041, Florida Statutes is a violation of Fla. Admin. Code R. 64E-6.022(1)(q) (2019). Initial violations may result in discipline including a letter of warning or a fine up to $500 and repeat violations may result in revocation. 47. This is a repeat violation. The Department hereby seeks revocation of the Respondent’s septic tank registration. COUNT V 48. The Department realleges and incorporates by reference the allegations contained in paragraphs 1-47 as though fully set forth. 49. The Respondent failed to timely complete the repairs on 2463 Jernigan Road causing the ongoing seepage of human waste onto the subject property creating and/or maintaining a sanitary nuisance. 50. The Respondent also failed to timely obtain inspections and submit an accurate, complete repair certification, DH 4016, to the Department prior to covering a system in violation of Fla. Admin. Code R. 64E-6.003 (2019). 51. The Respondent violated Fla. Admin. Code R. 64E-6.003, which constitutes gross negligence, incompetence or misconduct in violation of Fla. Admin. Code R. 64E- 6.022 (1)(I), (2019). The Respondent’s gross negligence, incompetence or misconduct did not result in monetary or other harm to his customer. Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 52. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks a $500 administrative fine and revocation of Respondent's septic tank registration. Page 6 of 25 COUNT VI 53. The Department realleges and incorporates by reference the allegations contained in paragraphs 1-47 as though fully set forth. 54. The Respondent failed to timely complete the repairs on 2463 Jernigan Road causing the ongoing seepage of human waste onto the subject property creating and/or maintaining a sanitary nuisance. 55. The Respondent created and maintained a sanitary, which constitutes gross negligence, incompetence or misconduct in violation of Fla. Admin. Code R. 64E- 6.022 (1)(I) (2019). 56. The Respondent’s gross negligence, incompetence or misconduct resulted in monetary or other harm to his customer. The Respondent is subject to discipline under Fla. Admin. Code R. 6.022(1)(I)(2). Discipline may include a $500 fine and revocation for a repeat violation. 57. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks to impose a $500 administrative fine and revocation of Respondent's septic tank registration. FACTUAL ALLEGATIONS COUNT VII-VIll 58. On or about July 12, 2019, Respondent applied for an onsite sewage treatment and disposal system construction permit for residential address, 8969 3 Ave., Jacksonville, FL 32208. (Exhibit G). 59. As part of the construction permitting process, the Respondent is required to submit a Utility Easement Agreement to specify the property lines for septic installation and prevent future sale of part of the property, which will need the septic system. 60. On or about July 18, 2019, the Respondent submitted its construction permit application (AP 1423481) showing a Utility Easement Agreement filed with the Duval County Clerk of Courts, document number 201915064, for 8969 3 Ave., Jacksonville, FL, 32208. (Exhibit H). 61. However, a review of the Duval County Clerk of Courts records revealed, document number 201915064, is actually a Utility Easement Agreement for a different property located at 8478 Seville Ave., Jacksonville, FL 32224 filed by the Respondent June 26, 2019. (Exhibit 1). Page 7 of 25 62. |The Respondent filed a Utility Easement Agreement with the Duval County Clerk of Court, document number 201916253, for 8969 3% Ave, Jacksonville, FL 32208, the following day. (Exhibit J). 63. Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit application AP 1423481 in an attempt to expedite the approval process. 64. On or about October 10, 2019, the Department issued construction permit number 16-SJ-1974320 for AP 1423481 at 8969 3 Ave., Jacksonville, FL 32208. (Exhibit K) 65. The Department relied on the false or misleading information submitted by the Respondent in construction permit application AP 1423481 to issue permit number 16-SJ- 1974320. VIOLATIONS OF LAW COUNT Vil 66. The Department realleges and incorporates by reference the allegations contained in paragraphs 58-65 as though fully set forth. 67. Pursuant to Fla. Admin. Code R. 64E-6.015, “No person shail cause or allow construction of a [septic] system without first applying for and obtaining a construction permit. Form DH 4015 shall be used for recording permit application information.” 68. The Rule further explains the application shall be completed, signed by the owner or the owner's authorized representative, or a contractor licensed in accordance with Chapter 489, Fla.Stat., and shall be accompanied by all required exhibits and fees. Fla. Admin. Code R. 64E-6.015 (2019). 69. Where a property owner proposes to build ... and the authorized sewage flow requires the use of multiple lots, or parts thereof, for the onsite sewage treatment and disposal system, the property owner must submit, prior to issuance of a permit, a written utility easement executed and recorded in the public property records at the county courthouse. Fla. Admin. Code R. 64E-6.015(7)(a) (2019). 70. The Respondent submitted a document to the Department that was altered to show it had been filed the Clerk of Courts, when it was not. The Respondent used the falsified documents presented to the Department to obtain construction permit number 16-SJ-1974320. 71. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in violation of Fla. Admin. Code R. 64E-6.022(1)(k) (2019). The penalties for violating this Rule range from a letter of warning up to revocation for a repeat violation. Page 8 of 25 T2. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. COUNT VIII 73. The Department realleges and incorporates by reference the allegations contained in paragraphs 58-72 as though fully set forth. 74. Submission of falsified documents to obtain a construction permit for an onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in violation of Fla. Admin. Code R. 64E- 6.022(1)(1)(1). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 75. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks to impose a $500 administrative fine and revocation of Respondent's septic tank registration. FACTUAL ALLEGATIONS COUNT IX-X 76. On or about March 6, 2019, Respondent applied for an onsite sewage treatment and disposal system construction permit for a residential address, 8406 Oden Ave., Jacksonville, FL 32211. (Exhibit L). 77. As part of the construction permitting process, the Respondent is required to submit a Utility Easement Agreement to specify the property lines for septic installation and prevent future sale of part of the property, which will need the septic system. 78. On or about March 6, 2019, the Respondent submitted its construction permit application (AP 1401673) showing a Utility Easement Agreement filed with the Duval County Clerk of Courts at 1:54 p.m., document number 2019034912, for 8406 Ogden Rd., Jacksonville, FL, 32211. (Exhibit M). 79. However, a review of the Duval County Clerk of Courts records revealed, document number 2019034912, is actually a Utility Easement Agreement for a different property located at 10060 Bradley Rd., Jacksonville, FL filed by the respondent on February 12, 2019 at 1:54 pm. (Exhibit N). 80. The Utility Easement Agreement for 8406 Ogden Rd, Jacksonville, FL is document number 2019108157 filed with the Duval County Clerk of Courts over three months later on May 9, 2019 at 2:06 p.m. (Exhibit O). Page 9 of 25 81. Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit application number AP1401673 in an attempt to expedite the permitting process. 82. On or about May 8, 2019, the Department issued construction permit number 16- SJ-913169 for 8406 Ogden Ave., Jacksonville, FL 32211. (Exhibit P) 83. The Department relied on the false or misleading information submitted by the Respondent in construction permit application AP 1401673 to issue permit number 16-SJ-913169. VIOLATION OF LAW COUNT IX 84. The Department realleges and incorporates by reference the allegations contained in paragraphs 76-83 as though fully set forth. 85. Pursuant to Fla. Admin. Code R. 64E-6.015, “No person shall cause or allow construction of a [septic] system without first applying for and obtaining a construction permit. Form DH 4015 shall be used for recording permit application information.” 86. The Rule further explains the application shall be completed, signed by the owner or the owner's authorized representative, or a contractor licensed in accordance with Chapter 489, Fla.Stat., and shall be accompanied by all required exhibits and fees. Fla. Admin. Code R. 64E-6.015 (2019). 87. Where a property owner proposes to build ... and the authorized sewage flow requires the use of multiple lots, or parts thereof, for the onsite sewage treatment and disposal system, the property owner must submit, prior to issuance of a permit, a written utility easement executed and recorded in the public property records at the county courthouse. Fla. Admin. Code R. 64E-6.015(7)(a) (2019). 88. The Respondent submitted a document to the Department that was altered to show it had been filed the Clerk of Courts, when it was not. The Respondent used the falsified documents to the Department to obtain construction permit number 16-SJ-913169. 89. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in violation of Fla. Admin. Code R. 64E-6.022(1)(k). The penalties for violating this Rule range from a letter of warning up to revocation for a repeat violation. 90. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. Page 10 of 25 COUNT X 91. The Department realleges and incorporates by reference the allegations contained in paragraphs 76-90 as though fully set forth. 92. Submission of falsified documents to the Department to obtain a construction permit for an onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in violation of Fla. Admin. Code R. 64E-6.022(1)(I)(1) (2019). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 93. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks to impose a $500 administrative fine and revocation of Respondent's septic tank registration. FACTUAL ALLEGATIONS COUNT XI-XIl 94, On or about September 21, 2018, Department issued Respondent a new construction permit, number 16-SJ-1877500, for a performance based onsite sewage treatment and disposal system at 7130 Bowden Rd., Jacksonville, FL, 32216. (Exhibit Q). 95. Prior to issuing a final approval on a performance-based system, the Department must confirm a written notice has been filed with the Court notifying all subsequent property owners of the use of the performance-based system and its requirement to be maintained. Fla. Admin. Code R. 64E-6.027(5)(d) (2019). 96. The Respondent submitted a Declaration of Restrictions, document number 2019030164, to the Department purportedly filed with the Duval County Clerk of Court on February 6, 2019, page 1410 to comply with the requirements of Fla. Admin. Code R. 64E- 6.027(5)(d). (Exhibit R). 97. However, a review of the Duval County Clerk of Courts records shows a Declaration of Restrictions for a different address at 4144 Barnes Rd, Jacksonville FL 32207 recorded as document number 2019030164, p1410, on February 6, 2019. (Exhibit S). 98. Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit number 16-SJ-1877500 in an attempt to expedite the approval process. 99. The Department issued its final approval on permit 16-SJ-1877500 for the performance-based system on April 18, 2019, in reliance on the documentation submitted by the Respondent. (Exhibit T). Page 11 of 25 VIOLATIONS OF LAW COUNT XI 100. The Department realleges and incorporates by reference the allegations contained in paragraphs 94-99 as though fully set forth. 101. Respondent submitted a document to the Department that was altered to show it had been filed with the Clerk of Courts when it was not. Respondent used the falsified document to obtain final approval from the Department on permit number 16-SJ-1877500. 102. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in violation of Fla. Admin. Code R. 64E-6.022(1)(k) (2019). The penaity for violating this Rule ranges from a letter of warning up to revocation for a repeat violation. 103. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. COUNT Xil 104. The Department realleges and incorporates by reference the allegations contained in paragraphs 94-103 as though fully set forth. 105. Submission of falsified documents to obtain a construction permit for a performance based onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in violation of Fla. Admin. Code R. 64E-6.022(1)(I)(1). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 106. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks to impose a $500 administrative fine and revocation of the Respondent's septic tank registration. FACTUAL ALLEGATIONS COUNT XIlI-xIV 107. Onor about January 4, 2018, Department issued Respondent a new construction permit, number 16-SJ-1813062, for a performance based onsite sewage treatment and disposal system at 4951 Verdis St., Jacksonville, FL. (Exhibit U). 108. Prior to issuing a final approval on a performance-based system, the Department must confirm a written notice has been filed with the Court notifying all subsequent property Page 12 of 25 owners of the use of the performance based system and its requirement to be maintained. Fla. Admin. Code R. 64E-6.027(5)(d) (2019). 109. The Respondent submitted a Declaration of Restrictions, document number 2019030166, page 1414, to the Department ostensibly filed with the Duval County Clerk of Court on February 6, 2019 to comply with the requirements of Fla. Admin. Code R. 64E-6.027(5)(d). (Exhibit V). 110. However, a check of the Duval County Clerk of Courts records shows a Declaration of Restrictions for a different address at 7130 Bowden Rd, Jacksonville FL 32216 recorded on February 6, 2019 as document number 2019030166, page 1414. (Exhibit VW). 111. Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit number 16-SJ-1813062 in an attempt to expedite the approval process. 112. The Department issued its final approval on permit number 16-SJ-1813062 for the performance-based system on April 18, 2019, in reliance on the documentation submitted by the Respondent. (Exhibit X). VIOLATIONS OF LAW COUNT XIll 113. The Department realleges and incorporates by reference the allegations contained in paragraphs 107-112 as though fully set forth. 114. Respondent submitted a document to the Department that was altered to show it had been filed with the Clerk of Courts when it was not. Respondent used the falsified document to obtain final approval from the Department on permit number 16-SJ-1813062. 115. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in violation of Fla. Admin. Code R. 64E-6.022(1)(k). The penalty for violating this Rule ranges from a letter of warning up to revocation for a repeat violation. 116. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. COUNT XIV 117. The Department realleges and incorporates by reference the allegations contained in paragraphs 107-116 as though fully set forth. 118. Submission of falsified documents to obtain a construction permit for a performance based onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in Page 13 of 25 violation of Fla. Admin. Code R. 64E-6.022(1)(I)(1). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 119. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks to impose a $500 administrative fine and revocation of the Respondent's septic tank registration. ALLEGATIONS OF FACT COUNT XV-XVI 120. On or about May 1, 2017, Department issued Respondent a new construction permit, number 16-SJ-1758917, for a performance based onsite sewage treatment and disposal system at 4750 Bedford Rd., Jacksonville, FL, 32207. (Exhibit Y). 121. Prior to issuing a final approval on a performance-based system, the Department must confirm a written notice has been filed with the Court notifying all subsequent property owners of the use of the performance-based system and its requirement to be maintained. Fla. Admin. Code R. 64E-6.027(5)(d). 122. The Respondent submitted a Declaration of Restrictions, document number 2017199987, page 1140, to the Department ostensibly filed with the Duval County Clerk of Court on August 31, 2017. (Exhibit Z). 123. However, a review of the Duval County Clerk of Courts records shows a Final Judgment in Duval County Court case number 16-2013-CC-00090-XXXX-MA recorded on August 25, 2017 as document number 2017199987, page 2121. (Exhibit Aa). 124, Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit number 16-SJ-1758917 in an attempt to expedite the approval process. 125. The Department issued its final approval on the system on permit number 16-SJ- 1758917 on November 20, 2017, in reliance on the documentation submitted by the Respondent. (Exhibit Bb). ALLEGATIONS OF LAW COUNT XV 126. The Department realleges and incorporates by reference the allegations contained in paragraphs 120-125 as though fully set forth. 127. Respondent submitted a document to the Department that was altered to show it had been filed with the Clerk of Courts when it was not. Respondent used the falsified document to obtain final approval from the Department on permit number 16-SJ-1758917. Page 14 of 25 128. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in violation Fla. Admin. Code R. 64E-6.022(1)(k). The penalty for violating this Rule ranges from a letter of warning up to revocation for a repeat violation. 129. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. COUNT XVI 130. The Department realleges and incorporates by reference the allegations contained in paragraphs 120-129 as though fully set forth. 131. Submission of falsified documents to obtain a construction permit for a performance based onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in violation of Fla. Admin. Code R. 64E-6.022(1)(I)(1). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 132. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks a $500 administrative fine and revocation of the Respondent’s septic tank registration. ALLEGATIONS OF FACT COUNT XVII-XVIII 133. Onor about January 26, 2018, Department issued Respondent a new construction permit, number 16-SJ-1818028, for a performance based onsite sewage treatment and disposal system at 12065 Cannes St., Jacksonville, FL, 32224. (Exhibit Cc). 134. Prior to issuing a final approval on a performance-based system, the Department must confirm a written notice has been filed with the Court notifying all subsequent property owners of the use of the performance-based system and its requirement to be maintained. Fla. Admin. Code R. 64E-6.027(5)(d). 135. The Respondent submitted a Declaration of Restrictions, document number 2018249481, page 326, to the Department supposedly filed with the Duval County Clerk of Court on October 19, 2018. (Exhibit Dd). 136. However, a review of the Duval County Clerk of Courts records shows a Declaration of Restrictions for a different address at 5142 Bedford Rd., Jacksonville, FL 32207 recorded on October 19, 2018 as document number 2018249481, page 326. (Exhibit Ee). Page 15 of 25 137. Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit number 16-SJ-1818028 in an attempt to expedite the approval process. 138. The Department issued its final approval on permit number 16-SJ-1818028 on or about November 28, 2018, in reliance on the documentation submitted by the Respondent. (Exhibit Ff). VIOLATIONS OF LAW COUNT XVII 139. The Department realleges and incorporates by reference the allegations contained in paragraphs 133-138 as though fully set forth. 140. Respondent submitted a document to the Department that was altered to show it had been filed with the Clerk of Courts when it was not. Respondent used the falsified document to obtain final approval from the Department on permit number 16-SJ-1818028. 141. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in violation of Fla. Admin. Code R. 64E-6.022(1)(k). The penalty for violating this Rule ranges from a letter of warning up to revocation for a repeat violation. 142. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. COUNT XVIII 143. The Department realleges and incorporates by reference the allegations contained in paragraphs 133-142 as though fully set forth. 144. Submission of falsified documents to obtain a construction permit for a performance based onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in violation of Fla. Admin. Code R. 64E-6.022(1)(I)(1). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 145. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks a $500 administrative fine and revocation of the Respondent's septic tank registration. Page 16 of 25 ALLEGATIONS OF FACT COUNT XIX-XX 146. On or about March 1, 2018, Department issued Respondent a new construction permit, number 16-SJ-1817606, for a performance based onsite sewage treatment and disposal system at 12076 Antibes St, Jacksonville, FL. (Exhibit Gg). 147. Prior to issuing a final approval on a performance-based system, the Department must confirm a written notice has been filed with the Court notifying all subsequent property owners of the use of the performance-based system and its requirement to be maintained. Fla. Admin. Code R. 64E-6.027(5)(d). 148. The Respondent submitted a Declaration of Restrictions, document number 2018196939, page 526, to the Department supposedly filed with the Duval County Clerk of Court on August 21, 2018. (Exhibit Hh). 149. However, a review of the Duval County Clerk of Courts records has a Declaration of Restrictions for a different address at 8042 Hastings St., Jacksonville, FL 32207 recorded on August 21, 2018 as document number 2018196939, page 526. (Exhibit li). 150. Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit number 16-SJ-1817606 in an attempt to expedite the approval process. 151. The Department issued its final approval on permit number 16-SJ-1817606 on or about September 10, 2018, in reliance on the documentation submitted by the Respondent. (Exhibit Jj). VIOLATIONS OF LAW COUNT XIX 152. The Department realleges and incorporates by reference the allegations contained in paragraphs 146-151 as though fully set forth. 153. Respondent submitted a document to the Department that was altered to show it had been filed with the Clerk of Courts when it was not. Respondent used the falsified document to obtain final approval from the Department on permit number 16-SJ-1817606. 154. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in violation of Fla. Admin. Code R. 64E-6.022(1)(k). The penalty for violating this Rule ranges from a letter of warning up to revocation for a repeat violation. 155. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. Page 17 of 25 COUNT XX 156. The Department realleges and incorporates by reference the allegations contained in paragraphs 146-155 as though fully set forth. 157. Submission of falsified documents to obtain a construction permit for a performance based onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in violation of Fla. Admin. Code R. 64E-6.022(1)(I)(1). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 158. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks a $500 administrative fine and revocation of the Respondent’s septic tank registration. ALLEGATIONS OF FACT COUNT XXI-XxXiIl 159. On or about May 17, 2018, Department issued Respondent a new construction permit, number 16-SJ-1832157, for a performance based onsite sewage treatment and disposal system at 8795 Adams Ave., Jacksonville, FL, 32208. (Exhibit Kk). 160. Prior to issuing a final approval on a performance-based system, the Department must confirm a written notice has been filed with the Court notifying all subsequent property owners of the use of the performance-based system and its requirement to be maintained. Fla. Admin. Code R. 64E-6.027(5)(d). ; 161. The Respondent submitted a Declaration of Restrictions, document number 2019030173, page 1428, to the Department purportedly filed with the Duval County Clerk of Court on February 6, 2019. (Exhibit Ll). 162. However, a review of the Duval County Clerk of Courts records has a Declaration of Restrictions for a different address at 8495 Adams Ave., Jacksonville, FL 32208 recorded on February 6, 2019 as document number 2019030173, page 1428. (Exhibit Mm). 163. Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit number 16-SJ-1832157 in an attempt to expedite the approval process. 164. The Department issued its final approval on permit number 16-SJ-1832157 on or about February 22, 2019, in reliance on the documentation submitted by the Respondent. (Exhibit Nn). Page 18 of 25 VIOLATIONS OF LAW COUNT XxI 165. The Department realleges and incorporates by reference the allegations contained in paragraphs 159-164 as though fully set forth. 166. Respondent submitted a document to the Department that was altered to show it had been filed with the Clerk of Courts when it was not. Respondent used the falsified document to obtain final approval from the Department on permit number 16-SJ-1832157. 167. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in violation of Fla. Admin. Code R. 64E-6.022(1)(k). The penalty for violating this Rule ranges from a letter of warning up to revocation for a repeat violation. 168. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. COUNT XXIil 169. The Department realleges and incorporates by reference the allegations contained in paragraphs 159-168 as though fully set forth. 170. Submission of falsified documents to obtain a construction permit for a performance based onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in violation of Fla. Admin. Code R. 64E-6.022(1)(I)(1). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 171. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks a $500 administrative fine and revocation of the Respondent's septic tank registration. ALLEGATIONS OF FACT COUNT XXIII-XXIV 172. On or about December 12, 2017, Department issued Respondent a new construction permit, number 16-SJ-1807474, for a performance based onsite sewage treatment and disposal system at 9963 Leahy Rd., Jacksonville, FL, 32246. (Exhibit Oo). 173. Prior to issuing a final approval on a performance-based system, the Department must confirm a written notice has been filed with the Court notifying all subsequent property owners of the use of the performance-based system and its requirement to be maintained. Fla. Admin. Code R. 64E-6.027(5)(d). Page 19 of 25 174. The Respondent submitted a Declaration of Restrictions, document number 2018227542, page 2075, to the Department purportedly filed with the Duval County Clerk of Court on September 24, 2018. (Exhibit Pp). 175. However, a review of the Duval County Clerk of Courts records reveals a Declaration of Restrictions for a different address at 2696 Anniston Rd., Jacksonville, FL 32246 recorded on September 24, 2018 as document number 2018227542, page 2075. (Exhibit Qq). 176. Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit number 16-SJ-1807474 in an attempt to expedite the approval process. 177. The Department issued its final approval on permit number 16-SJ-1807474 on or about October 9, 2018, in reliance on the documentation submitted by the Respondent. (Exhibit Rr). VIOLATIONS OF LAW COUNT XXill 178. The Department realleges and incorporates by reference the allegations contained in paragraphs 172-177 as though fully set forth. 179. Respondent submitted a document to the Department that was altered to show it had been filed with the Clerk of Courts when it was not. Respondent used the falsified document to obtain final approval from the Department on permit number 16-SJ-1818028. 180. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in violation of Fla. Admin. Code R. 64E-6.022(1)(k). The penalty for violating this Rule ranges from a letter of warning up to revocation for a repeat violation. 181. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. COUNT XxIV 182. The Department realleges and incorporates by reference the allegations contained in paragraphs 172-188 as though fully set forth. 183. Submission of falsified documents to obtain a construction permit for a performance based onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in violation of Fla. Admin. Code R. 64E-6.022(1)(I)(1). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. Page 20 of 25 184. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks a $500 administrative fine and revocation of the Respondent’s septic tank registration. ALLEGATIONS OF FACT COUNT XXV-XXVI 185. On or about November 7, 2019, Respondent applied for an onsite sewage treatment and disposal system construction permit for a residential address, 2045 3rd Street, Jacksonville, FL 32218. (Exhibit SS). 186. As part of the construction permitting process, the Respondent is required to submit a Utility Easement Agreement to specify the property lines for septic installation and prevent future sale of part of the property, which will need the septic system. 187. Onor about November 7, 2019, the Respondent submitted its construction permit application (AP1452153) showing a Utility Easement Agreement supposedly filed with the Duval County Clerk of Courts, document number 2019246729, for 2045 3rd Street, Jacksonville, FL 32218. (Exhibit Tt). 188. However, a review of the Duval County Clerk of Courts records revealed, document number 2019246729, is actually a Declaration of Restrictions a different property located at 10602 Patchwork Rd. Bradley Rd., Jacksonville, FL filed by the Respondent on February 25, 2019. (Exhibit Uu). 189. Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit application number AP1452153 in an attempt to expedite the permitting process. 190. On or about November 13, 2019, the Department denied construction permit application number AP1452153 due to the falsification. VIOLATIONS OF LAW COUNT XXV 191. The Department realleges and incorporates by reference the allegations contained in paragraphs 185-190 as though fully set forth. 192. Respondent submitted a document to the Department that was altered to show it had been filed with the Clerk of Courts when it was not. Respondent attempted to use the falsified document to obtain approval from the Department on permit application number AP1452153. 193. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in Page 21 of 25 violation of Fla. Admin. Code R. 64E-6.022(1)(k). The penalty for violating this Rule ranges from a letter of warning up to revocation for a repeat violation. 194. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. COUNT XXVI 195. The Department realleges and incorporates by reference the allegations contained in paragraphs 185-191 as though fully set forth. 196. Submission of falsified documents to obtain a construction permit for an onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in violation of Fla. Admin. Code R. 64E- 6.022(1)(I)(1). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 197. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks a $500 administrative fine and revocation of the Respondent's septic tank registration. ALLEGATIONS OF FACT COUNT XXVII-XXVIII 198. On or about November 7, 2019, Respondent applied for an onsite sewage treatment and disposal system construction permit for a residential address, 2027 3 Street, Jacksonville, FL 32218. (Exhibit Vv). 199. As part of the construction permitting process, the Respondent is required to submit a Utility Easement Agreement to specify the property lines for septic installation and prevent future sale of part of the property, which will need the septic system. 200. On or about November 7, 2019, the Respondent submitted its construction permit application (AP 1452156) showing a Utility Easement Agreement filed with the Duval County Clerk of Courts also with document number 2019246729, 2027 3% Street, Jacksonville, FL, 32218. (Exhibit Ww). 201. However, a review of the Duval County Clerk of Courts records revealed, document number 2019246729, is actually a Declaration of Restrictions a different property located at 10602 Patchwork Rd. Bradley Rd., Jacksonville, FL filed by the Respondent on February 25, 2019 at 10:50 am. (Exhibit Uu). 202. The same Duval County Court filing information was used on permit application number AP1452153 and AP1452156. Page 22 of 25 203. Based on the foregoing, it appears the Respondent falsified the Duval County Clerk of Courts filing documents submitted to the Department with permit application number AP1452156 in an attempt to expedite the permitting process. 204. On or about November 13, 2019, the Department denied construction permit application number AP1452156 due to the falsification. VIOLATIONS OF LAW COUNT XXVII 205. The Department realleges and incorporates by reference the allegations contained in paragraphs 198-204 as though fully set forth. 206. Pursuant to Fla. Admin. Code R. 64E-6.015, “No person shall cause or allow construction of a [septic] system without first applying for and obtaining a construction permit. Form DH 4015 shall be used for recording permit application information.” 207. The Rule further explains the application shall be completed, signed by the owner or the owner's authorized representative, or a contractor licensed in accordance with Chapter 489, Fla.Stat., and shall be accompanied by all required exhibits and fees. Fla. Admin. Code R. 64E-6.015 (2019). 208. Where a property owner proposes to build ... and the authorized sewage flow requires the use of multiple lots, or parts thereof, for the onsite sewage treatment and disposal system, the property owner must submit, prior to issuance of a permit, a written utility easement executed and recorded in the public property records at the county courthouse. Fla. Admin. Code R. 64E-6.015(7)(a) (2019). 209. The Respondent submitted a document to the Department that was altered to show it had been filed the Clerk of Courts, when it was not. Respondent attempted to use the falsified document to obtain approval from the Department on permit application number AP1452156. 210. The submission of fraudulent documents to the Department constitutes practicing with fraud or deceit and making misleading or untrue representations to the Department in violation of Fla. Admin. Code R. 64E-6.022(1)(k). The penalty for violating this Rule ranges from a letter of warning up to revocation for a repeat violation. 211. This is a repeat violation, and the Department hereby seeks revocation of the Respondent's septic tank registration. COUNT XXVIII 212. The Department realleges and incorporates by reference the allegations contained in paragraphs 198-211 as though fully set forth. Page 23 of 25 213. Submission of falsified documents to obtain a construction permit for an onsite sewage and treatment system constitutes gross negligence, incompetence or misconduct, which did not cause monetary or other harm to a customer in violation of Fla. Admin. Code R. 64E- 6.022(1)(I)(1). Discipline ranges from a letter of warning to a $500 fine and revocation for a repeat violation. 214. This is a repeat violation for the Respondent pursuant to the Letter of Warning issued on August 11, 2017 and the Final Order in case number 2019-005. The Department hereby seeks a $500 administrative fine and revocation of the Respondent’s septic tank registration. Request for Relief Wherefore, the Department of Health hereby imposes $7000 in administrative fines and revocation of the Respondent’s septic tank contractor registration for repeated violations. The total fine imposed herein is due and payable within twenty-one (21) days of receipt of this Administrative Complaint to the Department of Health Duval County, Attention Scott Turner, Environmental Health Director, 900 University Blvd. N., Florida 32211. Done this_!3_ day of Aorembe 20 14 STATE OF FLORIDA DEPAR4)MENT OF HEALTH Florida Bar #514039 900 University Blvd. N, MC-33 Telephone: 904-253-2529 Facsimile: 904-253-2743 Email: amy.meyer@flhealth.gov Page 24 of 25 CERTIFICATE OF SERVICE | hereby certify that the true and original Administrative Complaint herein was furnished to Christopher Van Duzer and BVD Septic at 6114 Goodman Rd., Jacksonville, FL 32244 via overnight delivery number 17.120 4 EV 23 1000 Yo\q This_/ 3 day of 5 Mrnber2019. NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Fla. Stat. Such proceedings are governed by Fla. Admin. Code R. 28-106. A petition for administrative hearing must be in writing and must be received by the Agency Clerk for the Department, within twenty-one (21) days from the receipt of this order. The address of the Agency Clerk is 4052 Bald Cypress Way, BIN # A02, Tallahassee FL 32399-1703. The Agency Clerk’s facsimile number is 850-413-8743. Mediation is not available as an alternative remedy. Your failure to submit petition for hearing within 21 days from receipt of this order will constitute a waiver of your right to an administrative hearing, and this order shall become a "final order.” Should this order become a final order, a party who is adversely affected by it is entitled to judicial review pursuant to §120.68, Fla. Stat. 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 Court of Appeal in the appropriate District Court. The notice must be filed within 30 days of rendition of the final order. Page 25 of 25 Jeb Bush Robert G Brooks, M.D. Govemors Secretary LETTER OF WARNING July 15, 1999 Chris Van Duzer Rt. 2 Box 796 Lake Butler, Florida 32054 Dear Mr. Van Duzer: This office received an inquiry from Department of Health Headquarters, regarding a receipt and Invoice proposal given to 1° Bradford Homes. Said receipt and invoice proposal (see attached copy) indicates that in addition to other authorized contracting business, you are also offering septic tank contracting as “BVD Septic Systems” “BVD Septic Systems” Is not an authorized septic tank contracting business name Be advised that your "BVD Septic receipt" and “Randy Wininger Construction— Payable to BVD Septic invoice receipt" constitutes a violation of section 489 555, Florida Statutes (FS) and rules 64E-6.022 and 64E-6 023, Florida Administrative Code (FAC). Under rule 64E-6.022(1}(a), FAC, “...acting under a name not registered or authorized by the department’, is grounds for a letter of warning to be issued for a first violation. In addition to a letter of warning, you are hereby required to cease use of the above-mentioned unauthorized name While we understand that you cannot physically retrleve “BVD Septic Systems” receipts from customers, you are hereby directed to cease the use of the “BVD Septic Systems” receipts. Failure to cease the use of the “BVD Septic Systems” receipts may result in penalties or fines. You are hereby notified that this Letter of Warning Is being placed on your file with the Bureau of Water and Onsite Sewage Programs. This violation may be cited In any future complaint issued based ona repeat violation. You have a right to request an administrative hearing, to be represented by counsel or other qualified representative, to take testimony, to call and cross-examine witnesses, to have subpoena and subpoena duces tecum (production of records) Issued, and to present written evidence or argument if you request a hearing. This Letter of Warning is issued pursuant to 64E-6.022 Florida Administrative Code Ifyou desire a hearing, you must file a petition within thirty (21) days of receipt of this letter to: Ken McCall, Administrator, Bradford County Health Department, 1807 N Temple Avenue, Starke, Florida 32091 Edward Rensbérger Environmental Specialist iif Bradford County Health Department Enclosure (s) ecto: Ed Barranco, HSEWOS — (State Health Office Contact Person) Susan Lindgard, Attorney At Law (County Health Department Attorney) Richard Land {Union County Environmental Health Director) Bradford County Health Department 1801 N, Temple Ave,, FL. 32091 Rick Scott Governor Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Geleste Pnilip, MD: MER State Surgeon General & Secretary Vision: To be the Healthiest State in the Nation August 11, 2017 Christopher A. Van Duzer 4883 SW 136" Court Lake Butler, FL 32054 Ref: LETTER OF WARNING Dear Mr. Van Duzer: You are hereby notified that this Letter of Warning is being placed on your file with the Bureau of Environmental Health, Onsite Programs. This violation may be cited in any future complaint issued based on a repeat violation. On January 3, 2017, the Florida Department of Health in Duval County (DOH-Duval) received a complaint that service agreements provided by BVD Septic, LLC failed to conspicuously disclose that the property owner has the right to maintain his or her own system and is exempt from contractor registration requirements for performing construction, maintenance, or repairs on the system. Each service agreement that does not have said disclosure constitutes separate violation. DESCRIPTION OF VIOLATION 64E-6.022(1)(I)1., F.A.C: Gross negligence, incompetence, or misconduct which causes no monetary or other harm to a customer, or physical harm to any person. § 381.0065(4)(u)2., F.S.: The maintenance entity service agreement must conspicuously disclose that the property owner has the right to maintain his or her own system and is exempt from contractor registration requirements for performing construction, maintenance, or repairs on the system but is subject to all permitting requirements. As of the date of this letter, DOH-Duval has received several updated service agreements signed by you and property owners which now provide the said disclosure; however, many service agreements have not been signed by both parties. It is required that all future service agreements submitted to DOH-Duval have the necessary disclosure. We look forward to your cooperation in this matter. If you have any questions, please contact Zhan Bennett, Environmental Manager, at (904) 253-2023. Florida Department of Health Duval County - Environmental Health & Safety Division ” 900 University Blvd. N.. Suite 300 MC-45 Accredited Health Department Jacksonville, FL 32211 Public Health Accreditation Board PHONE: (904) 253-1280 » FAX (904) 253-2390 FloridaHealth.gov VanDuzer, Christopher August Page 2 11, 2017 NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order 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 the receipt of this order. The address of the Agency Clerk is 4052 Bald Cypress Way, BIN # A02, Talshaawen; FL 32399-1703. The Agency Clerk’s facsimile number is (850) 410-1448. Mediation is not available as an alternative remedy. Your failure to submit petition for hearing within 21 days from receipt of this order will constitute a waiver of your right to an administrative hearing, and this order shall become a "final order”. Should this Order become a Final Order, a party who is adversely affected by it 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 Court of Appeal in the appropriate District Court. The notice must be filed within 30 days of the rendition of the final order. Chief Le Florida Department of Health Duval County Health Department ce: David Hammonds, HSES (=3 i OF HEALEH wibeait lst STATE OF FLORIDA _ 20ISFEB 13 AM 8:13 DEPARTMENT OF HEALTH : OFFICE UF THE CLERK DEPARTMENT OF HEALTH, Petitioner, Rendition No.: DOH-19-0063-S-HSE vs. DOH Case No.: 2019-0005 een VAN DUZER and CLAY COUNTY VD SEPTIC LLC, Respondents. ee FINAL ORDER This case was initiated by the filing of an Administrative Complaint. Petitioner and Respondent have reached a settlement and executed a settlement agreement reflecting the terms of the parties’ agreement. This matter is before the Department of Health for consideration of the Settlement Agreement. The Settlement Agreement resolves all issues and was fully executed on January 28, 2019. The Settlement Agreement is accepted and incorporated by reference. The parties are ordered to comply with the terms of the Settlement Agreement. This proceeding is closed. DONE AND ORDERED this __-3 | day of < y , 2019 in Tallahassee, Leon County, Florida, py, nhl. FAY Michele Tallent Deputy Secretary for Operations Page 1 of 2 opies furnished to: mette Pitts Hlotida Department of Health ortheast Consortium Legal Office 1845 Holsonback Drive .O. Box 9190, Bin 120 Daytona Beach, Florida 32120 mail; Annette.Pitts@flhealth.gov fa VanDuzer BVD Septic, LLC 61114 Goodman Road Jacksonville, FL 32244 ba] Weg y 2019. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing FINAL ORDER has been sent y U.S. Mail, hand delivery or email to each of the above-named persons this i) Shannon Revels, Agency Clerk Florida Department of Health 4052 Bald Cypress Way, Bin Ao2 Tallahassee, Florida 32399-1703 Telephone: (850) 245-4005 NOTICE OF RIGHT TO JUDICIAL REVIEW Aj PARTY 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 A NOTICE APPEAL WITH THE CLERK OF THE DEPARTMENT OF HEALTH AND A COPY ACCOMPANIED BY THE FILING FEE 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 FILING OF THIS FINAL ORDER. Page 2 of 2

Docket for Case No: 20-004779