Indian River FL General practice, Government and Land use an -- eLawyers

93-006624 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs TURNER PEST CONTROL, INC., AND WILLIAM D. KINCADE (1993)

Division of Administrative Hearings, Florida Filed: Nov. 18, 1993

This case was instituted by the Department of Agriculture and Consumer Services, as Petitioner against Turner Pest Control, Inc., a corporation (hereinafter "Turner Pest"), and its employee, William D. Kincade (hereinafter "Kincade") on or about October 7, 1993. The original Administrative Complaint contained eight (8) counts and sought relief as provided in Section 482.161, Florida Statutes, including revocation of Respondents' licenses and certificates, a fine not to exceed $5,000.00 for each count or such lesser penalty under Chapter 482, Florida Statutes.Application of Dursban to building site for purpose of disposal in a manner permitted by label is not a violation. Disposal without ID card is a violation.

93-006525 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs HULETT ENVIRONMENTAL SERVICES, INC., AND EDWARD WEST (1993)

Division of Administrative Hearings, Florida Filed: Nov. 12, 1993

Whether Respondents made an improper application of a termiticide to the soil of two pre-construction sites for the prevention of subterranean termites, and, if so, what penalties should be imposed.Petitioner failed to show Resppondent had finished spraying pesticide. No improper application.

93-006828RP GBS GROVES, INC., AND CITRUS GROWERS ASSOCIATES, INC. vs DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (1993)

Division of Administrative Hearings, Florida Filed: Nov. 24, 1993

The issue in this case is whether proposed Rule 5E-2.038 is an invalid exercise of delegated legislative authority.Proposed rule prohibiting use of herbicide bromacil, not arbitrary or capricious due to extent of bromacil in groundwater.

92-005344 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs UNITED RAINBOW FOUNDATION, INC., D/B/A CHILDREN'S CANCER SOCIETY (1992)

Division of Administrative Hearings, Florida Filed: Sep. 01, 1992

An administrative complaint and first amended administrative complaint allege that Respondent violated Section 496.405, F.S. (1991) by soliciting contributions as a charitable organization on several occasions prior to approval of its registration statement by the Division of Consumer Services. The parties have stipulated that the violations occurred and further stipulated that the remaining issue for resolution is an appropriate penalty.$32,000 is application penalty where organization willfully violated law by soliciting contributions prior to registration with Division of Consumer Services.

92-004817 UNITED RAINBOW FOUNDATION, INC. vs DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (1992)

Division of Administrative Hearings, Florida Filed: Aug. 06, 1992

The issue for resolution is whether Petitioner is entitled to registration as a charitable organization pursuant to Section 496.405, F.S. An administrative complaint alleging violations of Section 496.405, F.S. was served at the same time as the agency's notice of registration denial. The time to respond to the complaint has not expired and the issues raised in that complaint are expressly reserved for another proceeding if requested by United Rainbow Foundation, Inc.Registration approved by default when agency orally denied then orally approved, but then denied in writing beyond 10 working day deadline.

92-000970 ROBERT G. PRIOR vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1992)

Division of Administrative Hearings, Florida Filed: Feb. 13, 1992

The issue to be resolved in this proceeding concerns whether Petitioner is entitled to a variance so as to allow the installation of an on-site sewage disposal system (OSDS) on the Petitioner's property located in Dixie County, Florida.Petitioner not entitled to septic system variance; did not show no reasonable alternative systems nor that use of it would not risk health or waters.

89-003851 CATHOLIC CEMETERIES OF THE ARCHDIOCESE OF MIAMI, INC. vs FLORIDA CEMETARY ASSOCIATION, INC., AND SOUTH DADE PALMS MEMORIAL PARK (1989)

Division of Administrative Hearings, Florida Filed: Jul. 20, 1989

By means of a Petition For Declaratory Statement dated August 12, 1988, and filed on or about August 17, 1988, the Petitioner, Catholic Cemeteries of the Archdiocese of Miami, Inc., requested a declaratory statement by the Comptroller to the effect that the Petitioner could "expand its cemetery operations in Dade and Broward Counties without being subject to the licensure provisions of Chapter 497 of the Florida Statutes." The basic issues to be resolved are: (a) whether the issues on which the Petitioner seeks a declaratory statement are appropriate for disposition by means of a declaratory statement and (b), if appropriate for disposition by declaratory statement, is the Petitioner's proposed expansion of its cemetery operations subject to or exempt from the licensure provisions of Chapter 497, Florida Statutes.Declaratory statement petitions are seldom appropriate for formal hearing. In this case the Comptroller should decline to issue declaratory statement.

Robin G. Drage