Backup Documents 12/10-11/2013 Item #16E10MEMORANDUM 16E10
Date: December 10, 2013
To: Walter Kopka, Chief
EMS Operations
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement/Case #2013-06440
Attached is the original referenced above, (Item #16E10) approved by Board of County
Commissioners on Tuesday, December 10, 2013.
Once fully executed please submit a copy back to the Minutes & Records
Department to be held in the Board's Official Records.
If you should have any questions, please contact me at 252-8411.
Thank you.
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
BUREAU OF EMERGENCY MEDICAL OVERSIGHT
DEPARTMENT OF HEALTH,
Petitioner,
V.
COLLIER COUNTY EMS,
Respondent.
CASE NO.: 2013-06440
SETTLEMENT AGREEMENT
Collier County EMS, referred to as the "Respondent," and the Department of Health,
referred to as "Department," stipulate and agree to the following Agreement and to the
entry of a Final Order of the Bureau of Emergency Medical Oversight, referred to as
"Bureau," incorporating the Stipulated Facts and Stipulated Disposition in this matter.
Petitioner is the state agency charged with regulating emergency medical services
pursuant to § 20.43, Fla. Stat. (2013) and Chapter 401, Fla. Stat. (2013).
STIPULATED FACTS
1. At all times material hereto, Respondent has been licensed -as an ALS service
provider in the State of Florida having been issued license number ALS 1102.
2. The Department charged Respondent with an Administrative Complaint that
was filed and properly served upon Respondent, alleging violations of Chapter 401, Fla.
Stat. (2013), and the rules adopted pursuant thereto. A true and correct copy of the
Administrative Complaint has been furnished with this Settlement Agreement.
IN
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3. Respondent neither admits nor denies the allegations contained in the
Administrative Complaint.
STIPULATED CONCLUSIONS OF LAW
1. Respondent admits that, in its capacity as a licensed ALS service provider, it
is subject to the provisions of Chapter 401, Fla. Stat. (2013), and the jurisdiction of the
Department and the Bureau.
2. Respondent admits that the facts alleged in the Administrative Complaint, if
proven, would constitute violations of Chapter 401, Fla. Stat. (2013), as alleged in the
Administrative Complaint.
3. Respondent agrees that the Stipulated Disposition in this case is fair,
appropriate and acceptable to Respondent.
STIPULATED DISPOSITION
1. Fine — The Bureau of Emergency Medical Oversight shall impose an administrative
fine of fifteen hundred dollars (a1,500.00) against the license of Respondent, to be paid by
Respondent to the Florida Department of Health and mailed to the attention of Kimberly Moore,
Section Administrator, Department of Health, Bureau of Emergency Medical Oversight,
Investigation Section, 4052 Bald Cypress Way, Bin A22, Tallahassee, FL 32399-1722, within
twenty-one (21) days from the date of receipt of this Agreement. All fines shall be paid by
cashiers check or money order.
STANDARD PROVISIONS
1. Enforceability — It is expressly understood that this Agreement is a legal and
binding document and is fully enforceable against all parties in any court of competent
jurisdiction. The signatories hereto are vested with the authority to execute this Agreement
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on behalf of their respective principals, and as designated representatives, to fully bind
such principals.
2. Future Conduct - In the future, Respondent shall not violate Chapter 401,
Florida Statutes, or the rules promulgated pursuant thereto, or any other state or federal
law, rule, or regulation relating to its providing of ALS service.
3. Purpose of Aereement - Respondent, for the purpose of avoiding further
administrative action with respect to this cause, executes this Agreement. Respondent
expressly waives all further procedural steps and/or judicial review of this subject matter.
The parties hereby agree to waive all claims, rights, charges, recoveries, and amounts with
respect to the subject matter of Case Number 2013-06440.
4. Waiver of attorney's fees and costs - The parties hereby agree they will
bear their own attorney's fees and costs resulting from prosecution or defense of this
matter. Respondent waives the right to seek any attorney's fees or costs from the
Department and the Bureau in connection with this matter.
SIGNED this day of
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16E10
APPROVED this — day of .2013.
FOR BUREAU OF EMERGENCY MEDICAL
OVERSIGHT
By: John C. Bixler, Administrator
Emergency Medical Services
Florida Department of Health
4052 Bald Cypress Way, Bin #A22
Tallahassee, FL 32399-1722
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