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who indicated that the facility had implemented their procedure of control measures. On October 6, 2015, Health Department staff, delivered a sample container to the facility and conducted an inspection finding control measures were not being implemented. A symptomatic resident passed away on the evening of October 6, 2015. The Health Department notified AHCA, and Health Department staff visited the facility again on October 7, 2015 providing them with a hard copy of the guidance documentation. On October 8, 2015, another symptomatic resident passed away initiating another visit from the Health Department. On this site visit, the facility Administrator was told because of ongoing transmission in multiple affected units, new admissions to the facility should be suspended until at least 72 hours after the onset of the last case in residents or staff which is approximately two incubation periods. On October 12, 2015, it was found that 12 residents had been admitted between October 12, 2015 and October 15, 2015, during the outbreak when advised to cease admissions. On October 16, 2015, a joint inspection was conducted by the Health Department and AHCA. The facility failed the inspection and did not fully implement control measures related to resident care and sanitation. On October 27, 2015, Palm Garden, Executive Director, Erelyn Hicks, provided a response to the Health Department. On November 30, 2015, Palm Garden provided a modified outbreak control plan for the Health Department to review. Palm Garden agreed to comply with the reporting requirements for outbreaks and communicable disease. Palm Garden also agreed to implement the modified outbreak control plan approved by the Health Department. Palm Garden agreed to pay a civil penalty of $2,500 and a suspended civil penalty of $7,500 should they fail to comply with the reporting and control measures in the future. Health Department staff are confident that the facility is taking the matter very seriously and that there is now a spirit of cooperation. Chairman Cahoy was bothered with the proposed in the stipulation. Lengthy discussion followed regarding the merits of a stipulation rather than a hearing since there were deaths involved. Also discussed was the possibility of the fines being too light and perhaps setting the wrong precedent. The Hearing Board Officer and the Hearing Board Attorney reminded the Hearing Board that they were not required to accept the agreement and that the agreement required their approval to proceed. The Hearing Board approved the agreement 5 to 0. 8. Case 535-15, 44 Southern Ranch, Inc., 801 41h Street, Vero Beach, Florida. The registered agent, Michael J. Jaholkowski, for 4-J Southern Ranch, Inc. did not appear at the Hearing Board meeting on December 3, 2015. The property owned by 4-J Southern Ranch, Inc. had numerous piles of comingled solid waste, tires and debris partially buried or completely buried along the southern side of the property. The property was not permitted to be a solid waste disposal facility. The comingled solid waste piles and tires are breeding areas for rodents and arthropods. Florida law does not a person to create a sanitary nuisance that is injurous to the public's health by storing, processing, or disposing of solid waste or waste tires except at a permitted solid waste management facility. On September 4, 2015, 4-J Southern Ranch, Inc. was given 30 days to clean up the property and 35 days to provide documentation to the Health Department. As of the hearing board meeting date, 4-J Southern Ranch, Inc. had not complied with the legal notices. The Hearing Board ordered 4-J Southern Ranch, Inc. to clean up the property and provide disposal documentation to the Health Department within 90 days. 4-J Southern Ranch, Inc. was also ordered to allow the Health Department access to the property to reinspect to verify compliance. 11 IPagc 234