Agenda 12/10/2013 Item #16E10 12/10/2013 16.E.10.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement with the
Florida Department of Health to settle an administrative complaint captioned Florida Department
of Health v. Collier County EMS (Case No.: 2013-06440) for$1,500.
OBJECTIVE: To settle the administrative case of the Florida Department of Health v. Collier
County EMS.
CONSIDERATIONS: Collier County received notice of an Administrative Complaint from the
Florida Department of Health on November 27, 2013 for failing to timely submit the advanced
life support provider application as required by Section 401.26(5)(a),Florida Statutes.
The ALS provider license was due to expire on April 18, 2013, and its application for renewal
was due no later than March 19, 2013. EMS submitted application for renewal on or about
March 27, 2013. Staff mistakenly used the license renewal date (April 18, 2013) as the due date
instead of 30 days prior to the expiration of the license.
Reminder strings as well as calendar alarms for several key staff members have been instituted to
assure this type of incident never occurs again.
Staff believes it is in the best interest of the County to settle this administrative case.
FISCAL IMPACT: Collier County will be required to pay an administrative fine in the amount
of $1,500 to the Florida Department of Health. Funds are available in EMS Fund (490),
operating cost center(144610).
GROWTH MANAGEMENT IMPACT: No Growth Management Impact.
LEGAL CONSIDERATIONS: Pursuant to Section 401.411(7), Fla. Stat.,the Department may impose a
fine of up to $1,000 per day which could amount to $15,000 as identified in the Complaint. The
Settlement Agreement requires a $1.500 fine. This item has been approved as to form and legality and
requires majority vote for approval.—CMG
RECOMMENDATION: For the Board of County Commissioners to declare a valid public purpose,
approve and authorize the Chair to execute a Settlement Agreement with the Florida Department
of Health to settle an administrative case captioned Florida Department of Health v. Collier
County EMS (Case No.: 2013-06440) with the County agreeing to pay a $1,500 administrative
fine, and direct the Clerk of Courts to issue payment within the 21 day deadline.
Prepared by: Walter Kopka, Chief, Collier County EMS
Attachments: Proposed Settlement Agreement
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12/10/2013 16.E.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.10.
Item Summary: Recommendation to approve and authorize the Chairwoman to execute a
Settlement Agreement with the Florida Department of Health to settle an administrative
complaint captioned Florida Department of Health v. Collier County EMS (Case No.: 2013-
06440)for$1,500.
Meeting Date: 12/10/2013
Prepared By
Name: FrancoMaria
Title: Adminis:rative Assistant,EMS
12/2/2013 3:0:,:45 PM
Approved B,
Name: KopkaWalter
Date: 12/2/2013 3:21:02 PM
Name: SumrnersDan
Title: Director-Bureau of Emergency Services,
Date: 12/2/2013 3:23:00 PM
Name: Pric yLen
Title: Adm nistrator, Administrative Services
Date: 12/2,2013 4:13:53 PM
Name: Pri ceLen
Title: Administrator, Administrative Services
Date: 12/2/2013 4:35:51 PM
Name: Gr,,:eneColleen
Title: Assistant County Attorney,County Attorney
Date: 12/3/2013 8:53:36 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/3/2013 10:00:31 AM
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12/10/2013 16.E.10.
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Manag
Date: 12/3/2013 11:07:24 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 12/3/2013 11:15:09 AM
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1■NomWir
12/10/2013 16.E.10.
b `= Rick Scott
Mission: /' Governor
To protect,promote&improve the health -, yr
of all people In Florida through Integrated - John H.Armstrong,MD,FACS
state,county&community efforts. 1
HEALTH 1 TH State Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
Received
November 25,2013
NOV 2 7 2013
Via Certified US Mail EMS Dept.
Collier County EMS
8075 Lely Cultural Parkway
Suite 267
Naples, Florida 34113
RE: DOH v. Collier County EMS
Please be advised that the enclosed administrative complaint has been filed with the Agency ';
Clerk and served on you based on your failure to submit your license renewal application in a timely
fashion.
Also enclosed please find a proposed settlement agreement. Review the agreement, and if the
terms are acceptable,you may opt to execute the agreement and return it with a certified check or money
order payable to the Department of Health and delivered to:
Kimberly Moore, Section Administrator
Department of Health
Bureau of Emergency Medical Oversight
Investigation Section
4052 Bald Cypress Way, Bin A22
Tallahassee, Florida 32399-1722
In the event the agreement and check/money order are not received in this office within 21 days, I
shall assume that you are not interested in settlement, and the Department will seek further
administrative action on the enclosed complaint.
If you have any questions, please feel free to contact me.
Sincerely,
' t_
73x ` ,k
Caryl Kilinski
Chief Legal Co
,1
: CK
Enclosures
Florida Dopartnssnt of Health vwrw.FtorldssHoaith.com
Office of the General Counsel TWITTER:HeaithyFLA
4052 Bald Cypress Way,Bin A02•Tallahassee,FL 32399-1703 FACEBOOK:FLDepartmentofHealth
PHONE:(850)2454005•FAX(850)413-8743 YOUTUBE:fldoh
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
BUREAU OF EMERGENCY MEDICAL OVERSIGHT
DEPARTMENT OF HEALTH,
Petitioner,
v. CASE NO.: 2013-06440
1":3
COLLIER COUNTY EMS, c—,
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Respondent. 'J'
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ADMINISTRATIVE COMPLAINT
cn
The Department of Health("Petitioner"),by and through the undersigned attorney,files an
Administrative Complaint against Collier County EMS ("Respondent")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")license and impose administrative fines up to$1,000.00 per violation
per day 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).
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5. At all times material hereto, Respondent has been licensed as an ALS service provider,
license number ALS 1102.
6. Respondent's address of record and mailing address is Collier County EMS, 8075 Lely
Cultural Parkway, Suite 267,Naples,Florida 34113.
COUNT I
RESPONDENT VIOLATED §401.411(1)(a), FLORIDA STATUTES BY FAILING TO
TIMELY RENEW ITS ADVANCED LIFE SUPPORT PROVIDER LICENSE AS
REQUIRED BY §401.26(5), FLORIDA STATUTES
7. Petitioner re-alleges and incorporates paragraph 1 through 6 as if fully set forth herein.
8.Pursuant to §401.26(5)(a),Fla. Stat. (2013),in order to renew an ALS vehicle or aircraft
permit,the licensee must submit an application for permit renewal not more than 90 days or less than
30 days prior to the expiration of the permit.
9. Respondent's ALS provider license was due to expire on April 18, 2013, and its
application for renewal was due no later than March 19,2013.
10. Respondent's submitted application for renewal was received by the Petitioner on or
about April 3, 2013,fifteen(15)days after the application for renewal was due.
11.Pursuant to §401.411(7),Fla. Stat. (2013),the Petitioner may impose an administrative
fine,not to exceed$1,000 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 $15,000.00 for violating
§ 401.26(5)(a),Fla. Stat. (2013).
CONCLUSIONS OF LAW
13.Respondent violated§401.26(5)(a),Fla.Stat.(2013),by failing to timely submit an ALS
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application for renewal.
14.Pursuant to§401.411(1)(a),Fla.Stat.(2013),a licensee may be disciplined for violation
of§ 401.26(5), 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 Respondent's ALS license.
c. Pursuant to§401.411(7),Fla. Stat.(2013),administratively fine Respondent$15,000.00
($1,000 each day)for violating § 401.26,Fla. Stat. (2013).
d. Provide such other relief as may be proper.
Dated this 25th day of November, 2013.
Respectfully submi -d,
c jImrsxl
Chief -gal Counsel
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 @doh.state.fl.us
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. certified mail to Collier County EMS, 8075 Lely Cultural Parkway,Suite 267,Naples,Florida
34: 13, on this 25th day of November, 2013.
Caryl inski
NOTICE OF RIGHTS
Respondent has the right to request or petition for an administrative hearing to be
C.inducted in accordance with §§ 120.569 and 120.57, Fla. Stat. (2013). Respondent has the
right to be represented by counsel or other qualified representative.Administrative hearings
.re governed by Fla. Admin. Code R. 28-106. A request or petition for an administrative
aiearing must be in writing and must be received by the agency clerk within twenty-one (21)
Jays from the day you received this Administrative Complaint. A request or petition for a
hearing must be in conformance with Fla.Admin.Code Chapter 28-106.2015(5)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.
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12/10/2013 16.E.10.
STATE OF FLORIDA
DEPARTMENT OF HEALTH
BUREAU OF EMERGENCY MEDICAL OVERSIGHT
DEPARTMENT OF HEALTH,
Petitioner,
v. CASE NO.: 2013-06440
COLLIER COUNTY EMS,
Respondent.
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.
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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 ($1,500.00) against the Iicense 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 Agreement - 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
Ank
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 , 2013.
FOR COLLIER COUNTY EMS
Name
Title
ATTEST: Date
DWIGHT E. BROCK, Clerk
By:
pproved as to form and legality
3
Assistant County Attorney Asook
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12/10/2013 16.E.10.
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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