& STATE OF FLORIDA gyky (8 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES “%, TE fay ae 4 STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, DOAH Docket No. 2002- Vs. : DACS Docket No: 2002-0047 Agency Clerk No: A21768 AL-FLEX EXTERMINATORS INC., a corporation, operating in the State of Florida, with business offices located in Dade County at 4035 SW 98" Avenue, Miami, Florida 33165, License Number JB161; JOSE QUINONES, Certified Operator, License Number JF9022; RICARDO DOMINGUEZ, Special Fumigation Jdentification Cardholder, License Number JD90683; ABRAHAM RUBIO, Special Fumigation Identification Cardholder, License Number JD16405 JOEY SAAD, Special Fumigation Identification Cardholder, License Number JD90680; JOSE MEDAL, Identification Cardholder, License Number JE39219; and STRUCTURAL TENTING CORPORATION, a dissolved corporation, and ALEXANDER NAPOLES d/b/a STRUCTURAL TENTING CORPORATION, operating in the State of Florida, with pusiness offices Jocated in Dade County at 4035 sw 98" Avenue, Miami, Florida 33165-5128 and ALEXANDER E. NAPOLES, Certifed Operator, License Number JE15445, Respondents. ADMINISTRATIVE COMPLAINT Petitioner, STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (hereinafter “DEPARTMENT”, files this Administrative Complaint against Respondents, AL-FLEX EXTERMINATORS, INC.,, a corporation, operating in the State of Florida, License Number JB161 (hereinafter “AL-FLEX”), JOSE QUINONES, Certified Operator, License Number JF9022 (hereinafter ‘QUINONES”), RICARDO DOMINGUEZ, Special Fumigation Identification Cardholder License Number JD90683 (hereinafter “DOMINGUEZ”), ABRAHAM RUBIO, Special Fumigation Identification Cardholder License Number JD1640 (hereinafter “RUBIO”), JOEY SAAD, Special Fumigation Identification Cardholder License Number JD90680 (hereinafter “SAAD”), JOSE MEDAL, Identification Cardholder License Number JE39219 (hereinafter “MEDAL”) and STRUCTURAL TENTING CORPORATION, a dissolved corporation, and ALEXANDER NAPOLES, President, and also d/b/a STRUCTURAL TENTING CORPORATION, operating in the State of Florida, License Number JB4679 (hereinafter «STRUCTURAL TENTING”) and ALEXANDER E. NAPOLES, Certified Operator, License Number JE15445 (hereinafter “NAPOLES”) and states as follows: GENERAL ALLEGATIONS 1. Petitioner, STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, is an agency of the State of Florida with the authority to enforce the provisions of Sections 482.01 1-482.242, Florida Statutes, cited as the "Structural Pest Control Act", Florida Statutes and rules promulgated thereunder. 2. Respondent, AL-FLEX EXTERMINATORS, INC., a corporation, is operating in the State of Florida, with business offices located in Dade County at 4035 SW 98" Avenue, Miami, FL 33165, License Number JB161. No 3. Respondent, JOSE QUINONES, was the Certified Operator in charge of Al-Flex Exterminators, Inc., during the time complained of herein operating under License Number JF9022. 4, Respondent, RICARDO DOMINGUEZ, was a Special Fumigation Identification Cardholder of Al-Flex Exterminators, Inc., during the time complained of herein operating under License Number JD90683. 5. Respondent, ABRAHAM RUBIO, was a Special Fumigation Identification Cardholder of Al-Flex Exterminators, Inc., during the time complained of herein operating under License Number JD1640. 6. Respondent, JOEY SAAD, was a Special Fumigation Identification Cardholder of Al-Flex Exterminators, Inc., during the time complained of herein operating under License Number JD90680. 7. Respondent, JOSE MEDAL, was a Identification Cardholder of Al-Flex Exterminators, Inc., during the time complained of herein operating under License Number JE39219. 8. AL-FLEX EXTERMINATORS, INC., is a pest control business licensee and meets the definition of a pest control business as defined by Section 482.071, Florida Statutes. 9. AL-FLEX EXTERMINATORS, INC., is currently registered with the Department as a licensed pest control business pursuant to Section 482.071, Florida Statutes. The License Number is JB161. AL-FLEX either knew, or reasonably should have known, that its employees were performing poorly and/or violating the law, and thereby, encouraged, aided or abetted such conduct and the ensuing violations. 10. STRUCTURAL TENTING CORPORATION was, at the time complained of herein, a dissolved corporation, but operating in the State of Florida, with business offices located in Dade County at 4035 SW. 9g" Avenue, Miami, Florida 33165, under License Number JB4679. 11. Respondent, ALEXANDER E. NAPOLES, was the Certified Operator of STRUCTURAL TENTING CORPORATION and/or ALEXANDER NAPOLES d/b/a STRUCTURAL TENTING CORPORATION, during the time complained of herein operating in the State of Florida, in Dade County at 4035 SW 98" Avenue, Miami, Florida 33165, under License Number JE15445. 12. On April 5, 2002, STRUCTURAL TENTING CORPORATION was issued Pest Control Business License Number JB4679, but at that time the corporation was dissolved and may be continuing to do business with an invalid license. 13. The property in question is a multi-unit building located in Dade County at 711- 715 Euclid Avenue, Miami, Florida. 14. The owner of the property is Luis Felipe Ramos with whom AL-FLEX had a fumigation contract. The contract is dated January 7, 2002 and scheduled the fumigation for January 9, 2002 in the afternoon. 15. STRUCTURAL TENTING CORPORATION and/or NAPOLES d/b/a STRUCTURAL TENTING CORPORATION was responsible for tenting the property for the fumigation. 16. A fumigation was performed on January 9, 2002 at 711-715 Euclid Avenue, Miami, Florida by AL-FLEX and its employees. On January 10, 2002, the tent crew returned to the site between 7:45 and 8:00 a.m. to perform the aeration and removal of the tent. After removal of the tent, the fans, chloropicrin evaporation pans, and shooting hoses were removed. 17. At approximately 1:45 p.m. on January 10, 2002, SAAD arrived at the site to perform the final clearance. It was at this time that the deceased, Ferran Canals, was discovered along with a dead cat in the same unit. 18. The Department’s Field Office in Fort Lauderdale was notified that there had been a death at a fumigation on January 10, 2002. 19. Department Field Inspectors Mary Cohen and Eric Reiss arrived at the fumigation site after the police had departed. The field inspectors proceeded to investigate, and the site was photographed, and statements were obtained. 20. Photos of Mr. Canals’ apartment revealed that the unit was not initially properly prepared for fumigation. The kitchen sink was full of food, the entire counter was lined with plastic shopping bags filled with food, cat food was left out, and medications were left out in plain open view. These items either should have been removed or bagged properly before the gas was released. 21. The Miami-Dade County Medical Examiner’s Office determined that Mr. Canals’ cause of death was Vikane poisoning. STATEMENTS OF LAW 22. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD, MEDAL, STRUCTURAL TENTING CORPORATION and/or NAPOLES d/b/a STRUCTURAL TENTING CORPORATION, and NAPOLES must comply with all applicable Florida Statutes and Rules promulgated by the Department of Agriculture and Consumer Services. Florida Statutes, Section 482.051, provides: “The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. . . . “The department shall adopt rules for the protection of the health, safety, and welfare of pest control employees and the general public which require:” (1) That all pesticides or economic poisons be used only in accordance with the registered labels and labeling or as directed by the United States Environmental Protection Agency of the department. Florida Statutes, Section 482.152, provides « A certified operator in charge of the pest control activities of a licensee shall have her or his primary occupation with the licensee and shall be a full time employee of the licensee, and her or his principal duty shall include the responsibility for the personal supervision of and participation in the pest control activities at the business location of the licensee as the same relate to: (1) The selection of proper and correct chemicals for the particular pest control work performed. (2) The safe and proper use of the pesticides used. (3) The correct concentration and formulation of pesticides used in all pest control work performed. (4) The training of personnel in the proper and acceptable methods of pest control. (5) The control measures and procedures used. (6) The notification of the department of any accidental human poisoning or death connected with pest control work performed on ajob she or he is supervising, within 24 hours after she or he has knowledge of the poisoning or death. (Emphasis added) Florida Statutes, Section 482.161, provides: (1) The department may issue a written warning to or impose a fine against, or deny the application for licensure or licensure renewal of, a licensee, certified operator, limited certificateholder, identification cardholder, or special identification cardholder or any other person, or may suspend, revoke, or deny the jssuance or renewal of any license, certificate, limited certificate, identification, or special identification card that is within the scope of this chapter, in accordance with chapter 120, upon any of the following grounds: (a) Violation of any provision of this chapter or of any rule of the department adopted pursuant to this chapter. (b) . Conviction in any court within this state of a violation of any provision of this chapter. (c) Habitual intemperance or addiction to narcotics. (d) Conviction in any court in any state or in any federal court ofa felony, unless civil rights have been restored. (e) Knowingly making false or fraudulent claims with respect to pest control; knowingly misrepresenting the effects of materials or methods used in pest control; or knowingly failing to use materials or methods suitable for the pest control undertaken. (63) Performing pest control in a negligent manner. (g) Failure to give to the department, or authorized representative thereof, true information upon request regarding methods and materials used, work performed, or other information essential to the administration of this chapter. (h) Fraudulent or misleading advertising relative to pest control or advertising in an unauthorized category of pest control. (i) Failure to pay an administrative fine imposed pursuant to subsection (7). (2) A revocation or suspension of a license, certificate, or limited certificate is effective for all categories unless the department, in its sole discretion, suspends or revokes fewer than all categories thereof. (3) Three years after a revocation, application may be made to the department for reinstatement; and the department may authorize reinstatement. (4) Any charge of a violation of this chapter or of the niles adopted pursuant to this chapter by a licensee affects only the license of the business location from which the violation is alleged to have occurred. Another license may not be issued to the same licensee, or to any person who has an ownership interest in the suspended or revoked business license of the licensee and who knew or should have known of the violation that resulted in the suspension or revocation, for a new business location in the same county or any contiguous county for a period of 3 years after the effective date of the suspension or revocation. (5) If, after appropriate hearing in accordance with chapter 120, the department finds that a licensee, certified operator, limited, certificateholder, identification cardholder, or special identification cardholder has committed any act described in subsection (1), but further finds that such act is of such nature or occurred under such circumstances that suspension or revocation of the license, certificate, limited certificate, identification card, or special identification card would either be detrimental to the public or be unnecessarily harsh under the circumstances, it may, in lieu of executing the order of suspension or revocation, either: (a) Reprimand the party publicly or privately; or (b) Place the party on probation for a period of not more than 2 years. (6) (@) If the department finds that the terms of any such probation have been violated, it may revoke the probation order immediately; and its initial order takes effect. (b) Ifaperson is found by the department to have violated any of the other terms of this chapter or of the rules adopted pursuant to this chapter, the department may declare such probation revoked; and, in its proceeding with regard to such additional violation, the department may consider the violation for which probation is in effect in determining the extent of its order with regard to such additional violation. (7) The department, pursuant to chapter 120, in addition to or in lieu of any other remedy provided by state or local law, may impose an administrative fine, in an amount not exceeding $5,000 for the violation of any of the provisions of this chapter or of the rules adopted pursuant to this chapter. In determining the amount of fine to be levied for a violation, the following factors shall be considered: (a) The severity of the violation, including the probability that the death, or serious harm to the health or safety, or any person will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of this chapter or of the rules adopted pursuant to this chapter were violated; (b) Any actions taken by the licensee or certified operator in charge, Of limited certificateholder, to correct the violation or to remedy complaints; (c) Any previous violations of this chapter or of the rules adopted pursuant to this chapter; and (d) The cost to the department of investigating the violation. (8) An administrative law judge may, in lieu of or in addition to imposition ofa fine recommend probation or public or private reprimand. A public reprimand must be made in a newspaper of general circulation in the county of the licensee. (9) The department shall publish quarterly a list of disciplinary actions taken pursuant to this section and shall provide such list to each licensee. (10) The department may require any licensee disciplined for a violation of s. 10 482.226 to submit to the department reports for wood-destroying organism inspections and treatments performed. These reports must be submitted at such times as required by the department but not more frequently than once a week Florida Statutes, Section 482.163, provides: Proper performance of pest control activities by a pest control business employee is the responsibility not only of the employee but also of the certified operator in charge, and the certified operator in charge may be disciplined pursuant to the provisions of s. 482.161 for the pest control activities of an employee. A license may not automatically be considered responsible for violations made by an employee. However, the licensee may not knowingly encourage, aid, or abet violations of this chapter. Florida Statutes, Section 482.165, provides: (1) Itis unlawful for a person, partnership, firm, corporation, or other business entity not licensed by the department to practice pest control. (2) Ifthe department has probable cause to believe that a person, partnership, firm, corporation, or other business entity not licensed by the department to practice pest control has violated any provision of this chapter, the department shall issue and deliver to that person, partnership, firm, corporation, OF other business entity a notice to cease and desist from such violation. For the purpose of enforcing a cease and desist order, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person, partnership, firm, corporation, or other business entity that violates any provision of the order. (3) In addition to or in lieu of any remedy provided under subsection (2), the department may institute a civil suit in circuit court to recover a civil penalty for any violation for which the department may issue a notice to cease and desist under subsection (2). The civil penalty may not be less than $500 or more than $5,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney's fees. (4) The violation or disregard of a cease and desist order issued for the purpose of terminating unlicensed pest control activities is a ground for denial of a license or certificate when applied for. Florida Administrative Code, Rule 5E-14.106(1), provides: (1) Only those pesticides having federal or state label registration clearance shall be used. It shall be unlawful to use any registered pesticide in a manner inconsistent with its label and labeling, except as provided by the United States Environmental Protection Agency, The United States Department of Agriculture, or the Department. (Emphasis added) Florida Administrative Code, Rule SE-14.108, provides: (1) Each general fumigation (Subsection 5B-14.102(4), F.A.C.) shall be personally directed, supervised and performed by a certified fumigation operator or personally by a special fumigation identification card holder authorized by the Department and designated by and under the direction and supervision of the certified fumigation operator in charge (Section 482.151, F.S.). Such certified fumigation operator or his designated special fumigation identification card holder shall be available and on call at all times during the fumigation period (Subsection 5E-14.102(3), F.A.C.)of each general fumigation (Subsection 5£-14.102(4), F.A.C.)job in progress. (Emphasis added) (2) The provisions of Subsections 5£-14.108(1), 14.109(6), 14.111@), 14.112(1), and 14.1 13(1) and (2), F.A.C., requiring the personal presence of the certified fumigation operator in charge or in his absence the personal presence ofa special fumigation identification card holder designated by and under the direction and supervision of the certified fumigation operator in charge, shall apply at all times. (3) Itshall be the duty of the certified operator in charge of fumigation to carry out the following: (a) Train each special fumigation identification card holder to know the location, purpose, use and maintenance of personal protective equipment and fumigation detection and safety devices and when and how to use this equipment. (b) Train each employee assigned to fumigation work to report immediately to the certified operator in charge or his special fumigation identification card holder any irregularities or emergencies. (Emphasis added) Florida Administrative Code, Rule 5E-14.411 (2), (4) and (6), provides: (2) Neither the structure nor enclosed space to be fumigated nor any part or parts thereof shall be occupied by persons during the fumigation period. In 13 addition, structures or enclosed spaces which are physically jointed to or in contact with the structure to be fumigated shall not be occupied by persons during the fumigation period. (See Subsections 5E-14.11(3) and (4), F.A.C.) This requirement may be waived in the fumigation of commodities in industrial areas when it is determined upon prior inspection by the certified operator in charge that no danger to human life or health exists. (Emphasis added) (4) Itshall be the duty of the certified operator in charge or his designated special fumigation identification card holder to be present and personally to make a careful examination of all parts of the structure to be fumigated, including locked rooms, compartments and closets, and of structures or enclosed spaces physically joined to or in contact with said structure, to verify that no persons have remained therein. (Emphasis added) (6) When fumigating structures with methyl bromide, sulfuryl fluoride or any other relatively odorless gas, technical chloropicrin shall be used separately as a warning agent immediately prior to release of the relatively odorless gas at the rate of not less than one fluid ounce per 15,000 cubic feet of space to be fumigated. Registered label mixtures of at least one-fourth of one percent chloropicrin by net weight analysis may be used in lieu of the above. Florida Administrative Code, Rule 5£-14.112(1), (2) and (6), provides: (1) Final pre-application of fumigant and evacuation inspection: Immediately before the fumigant(s) is to be applied, the certified operator in charge or his designated special fumigation identification card holder must 14 make a final, personal inspection of the structure and shall ascertain that: (a) All preparations have been completed. (b) No unauthorized person is present within the structure or enclosed space to be fumigated or in any adjacent structures or spaces that are required by these regulations to be vacated because of danger from the fumigation operation. (2) Prior to the application of fumigant(s), suitable clearly legible warning signs of stiff, weather proof material must be securely and conspicuously posted as follows: (a) In tape and seal fumigation operations: at or on all doors and entrances to the structure or enclosed space, and at least one (1) warning sign on all sides of the structure or enclosed space not having 4 door or entrance. (2) In tent fumigation operations and also including commodity fumigations: at least one (1) warning sign posted on all doors and entrances to the structure or enclosed space and at least one (1) warning sign on the outside of the tents or sealing covers on all sides of the structure, enclosed space or commodities being fumigated; (3) Special safety precautions, responsibilities (4) When conditions involving abnormal hazards exist, it shall be the responsibility of the person exercising direct and personal supervision of the fumigation operation to take such safety precautions additional to those prescribed by this chapter as are reasonably necessary to protect the public 15 health and safety. (5) All doors and entrances to the structure being fumigated shall be locked, barred or otherwise secured against entry until the end of the exposure period, then opened for ventilation and re-locked, barred or otherwise secured against re-entry until declared to be safe for re-occupancy by the person exercising direct and personal supervision of the fumigation operation as required by Subsections 5E-14.113(1) and (2). (Emphasis added) Florida Administrative Code, Rule 5E-14.113 (2), provides: (6) Declaring structure or enclosed space fumigated safe for entry... The certified operator in charge or his designated special fumigation identification cardholder shall not permit or allow any . . . person to enter... the structure .. . until he has personally checked with suitable gas-detecting equipment ... and found the structure to be safe for human entry... (Emphasis added) COUNT 1 (Sections 482.163 and 482.165, Florida Statutes) STRUCTURAL TENTING CORPORATION FAILED TO HAVE A VALID LICENSE WHILE PERFORMING PEST CONTROL 23. Department re-alleges paragraphs 1 through 22 above as though each were fully set forth herein and incorporates the same by reference. 24. STRUCTURAL TENTING CORPORATION was dissolved September 21, 2001, The fumigation tenting took place on or about January 9, 2002 under license number 4679. However, when the corporation was dissolved it ceased to exist, and thus, it could no 16 longer hold a valid license. STRUCTURAL TENTING’s business license was renewed on April 5, 2002, but it is also invalid. 25. ALEXANDER NAPOLES as owner, Certified Operator, and the Registered Agent for STRUCTURAL TENTING CORP ORATION knew or reasonably should have known of the fact of dissolution and that the license was invalid. 26. Unlicensed pest control was being performed on the date above and it is more likely than not that it is being performed as of the date of this action. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, STRUCTURAL TENTING CORPORATION and NAPOLES, are hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against both STRUCTURAL TENTING CORPORATION and NAPOLES for one or more of the following: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) . Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 2 (Sections 482.163 and 482.165, Florida Statutes) ALEXANDER NAPOLES d/b/a STRUCTURAL TENTING CORPORATION FAILURE TO HAVE VALID BUSINESS LICENSE 27. The Department re-alleges 1 through 26 above as though each were fully set forth herein and incorporates the same by reference. 28. ALEXANDER NAPOLES, Certified Operator, d/b/a STRUCTURAL TENTING CORPORATION was operating without a valid pest control business license and was performing unlicensed pest control. 29. ALEXANDER NAPOLES, Certified Operator, d/b/a STRUCTURAL TENTING CORPORATION knew or reasonably should have known of the fact of dissolution of STRUCTURAL TENTING, and that he was performing pest control business without a valid business license. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, STRUCTURAL TENTING CORPORATION and NAPOLES, are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) _ Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) Anadministrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 3 (Rule 5E-14,112, F.A.C.) FAILURE TO ENSURE SAFETY 30. The Department re-alleges paragraphs 1 through 29 above as though each were fully set forth herein and incorporates the same by reference. 31. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD, and/or MEDAL each failed to ensure that entry by an unauthorized person into the structure being fumigated was prevented during the fumigation period. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD, and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 4 FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 32. The Department re-alleges paragraphs 1 through 31 above as though each were fully set forth herein and incorporates the same by reference. , 33. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD, and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: . “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules 5E-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out . Alll of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found deceased upon final clearance of the structure. This is a violation of Chapter 482, Section 482.051(1), Florida Statutes. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. 20 (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNTS FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 34. The Department re-alleges paragraphs 1 through 33 above as though each were fully set forth herein and incorporates the same by reference. 35. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD, and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules SE-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out. All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found 21 deceased upon final clearance of the structure. This is a violation of Chapter 482, Section 482.161(1)(c), Florida Statutes. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 6 FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 36. The Department re-alleges paragraphs 1 through 35 above as though each were fully set forth herein and incorporates the same by reference. 37. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD, and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” 22 The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in - Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules 5E-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out . All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found deceased upon final clearance of the structure. This is a violation of Chapter 482, Section 482.161(1)(f), Florida Statutes. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. 23 (Cc) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 7 FAILURE TO USE THE FUMIGANT VIKANE N A MANNER CONSISTENT WITH ITS LABELING 1 38. The Department re-alleges paragraphs 1 through 37 above as though each were fully set forth herein and incorporates the same by reference. 39, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD, and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules 55-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out . All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found 24 deceased upon final clearance of the structure. This is a violation of Rule 58-14.106(1), Florida Administrative Code. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 8 FAILURE TO USE THE FUMIGANT, VIKANE, N A MANNER CONSISTENT WITH ITS LABELING 1 40. The Department re-alleges paragraphs 1 through 39 above as though each were fully set forth herein and incorporates the same by reference. 41. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: . “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” 25 The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer's air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules 5E-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out . All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found deceased upon final clearance of the structure. This is a violation of Rule 5E-14.111(2)(4), Florida Administrative Code. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. 26 (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 9 FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 42. The Department re-alleges paragraphs 1 through 41 above as though each were fully set forth herein and incorporates the same by reference. 43. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” : The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules 5E-14. of the Florida Administrative Code as set forth below. In Mr, Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out . All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found 27 deceased upon final clearance of the structure. This is a violation of Rule 5E-14.111(6), Florida Administrative Code. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) Anadministrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 10 FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 44, The Department re-alleges paragraphs 1 through 43 above as though each were fully set forth herein and incorporates the same by reference. 45, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” 28 The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules S5E-14. of the Florida Administrative Code as set forth below. . In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out ina feeding dish, and medications were left out. All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found deceased upon final clearance of the structure. This is a violation of Rule 5E-14.112(1)(a)(b), Florida Administrative Code. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. 29 (Cc) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 11 FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 46. The Department re-alleges paragraphs 1 through 45 above as though each were fully set forth herein and incorporates the same by reference. 47, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Fach of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules 5E-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out . All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found 30 deceased upon final clearance of the structure. This is a violation of Rule 5E-14.1 12(6)(b), Florida Administrative Code. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) _ Revocation, Suspension and/or Denial of each of the Respondent's licenses. (Cc) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 12 FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 48 The Department re-alleges paragraphs 1 through 47 above as though each were fully set forth herein and incorporates the same by reference. 49. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” 31 The label further provides: “Food, feed, drugs. and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules 58-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out ina feeding dish, and medications were left out . All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found deceased upon final clearance of the structure. This is a Vikane label violation pertaining to “food”. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. 32 (C) Anadministrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 13 FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 50. The Department re-alleges paragraphs 1 through 49 above as though each were fully set forth herein and incorporates the same by reference. 51. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules 5E-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out . All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found 33 deceased upon final clearance of the structure. This is a Vikane label violation pertaining to “feed”. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 14 FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 52. The Department re-alleges paragraphs 1 through 51 above as though each were fully set forth herein and incorporates the same by reference. 53. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” 34 The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules SE-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out. All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found deceased upon final clearance of the structure. This is a Vikane label violation pertaining to “drugs and medicinals”. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent’s licenses. 35 (C) Anadministrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 15 FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 54. | The Department re-alleges paragraphs | through 53 above as though each were fully set forth herein and incorporates the same by reference. 55. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules SE-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out . All of the above was out in the open and easily visible during the prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found deceased upon final clearance of the structure. This is a Vikane label violation pertaining to “persons”. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest contro! activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 16 FAILURE TO USE THE FUMIGANT, VIKANE, IN A MANNER CONSISTENT WITH ITS LABELING 56. The Department re-alleges paragraphs 1 through 55 above as though each were fully set forth herein and incorporates the same by reference. 57. AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL each failed to ensure the use of the fumigant Vikane in compliance with the labeling of the fumigant. The Vikane label provides in part: ) “Remove from the structure to be fumigated all persons, domestic animals, pets, including fish, and desirable growing plants.” 37 The label further provides: “Food, feed, drugs, and medicinals (including those items in refrigerators and freezers) not in plastic, glass, or metal bottles, cans, or jars with the original manufacturer’s air-tight seal intact, need to be removed from the fumigation site, or double bagged in Nylofume bags, which are available from distributors of Vikane gas fumigant.” (Emphasis added) Each of the foregoing named Respondents have committed violations of Chapter 482, Florida Statutes, and Rules 5E-14. of the Florida Administrative Code as set forth below. In Mr. Canals’ apartment, the kitchen sink was full of food, the entire counter was lined with plastic grocery bags filled with food, cat food was left out in a feeding dish, and medications were left out . All of the above was out in the open and easily visible during the ‘prefumigation inspection/walk through. Additionally, Mr. Canals and his pet cat were found deceased upon final clearance of the structure. This is a Vikane label violation pertaining to “pets”. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are each h hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing named Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. 38 (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 17 FAILURE TO TRAIN, SUPERVISE AND ENSURE THAT PEST CONTROL ACTIVITIES OF A LICENSEE WERE IN COMPLIANCE WITH THE LAW 58. The Department re-alleges paragraphs 1 through 57 above as though each were ‘fully set forth herein and incorporates the same by reference. 59. QUINONES, as the certified operator in charge, of the licensee, AL FLEX, failed in his duties pursuant to Chapter 482, Section 482.152, Florida Statutes, by not performing the following responsibilities each of which is a violation: (a) QUINONES failed to properly supervise, train and ensure that employees, DOMINGUEZ, RUBIO, SAAD, and/or MEDAL used the fumigant Vikane in a safe and proper manner based upon the facts contained in this complaint. (b) QUINONES failed to properly supervise, train and ensure that employees, DOMINGUEZ, RUBIO, SAAD, and/or MEDAL used the fumigant Vikane in the proper and acceptable methods of pest control based upon the facts contained in this complaint. (c) QUINONES failed to properly supervise, train and ensure that employees, DOMINGUEZ, RUBIO, SAAD, and/or MEDAL used the fumigant Vikane properly in the control measures and procedures utilized based upon the facts contained in this complaint. PROPOSED AGENCY ACTION WHEREFORE, The Respondent, QUINONES is hereby notified that the 39 Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against him for one or more of the following penalties for each of the foregoing violations. (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 18 PERFORMING PEST CONTROL IN A NEGLIGENT MANNER 60. The Department re-alleges paragraphs 1 through 59 above as though each were fully set forth herein and incorporates the same by reference. , 61. DOMINGUEZ, RUBIO, SAAD, and /or MEDAL performed pest control in a negligent matter as they did not follow the proper procedures while performing the fumigation process for the fumigation period particularly in regard to the final pre-application clearance before releasing the fumigant, and the evacuation inspection and security necessary to ensure that no unauthorized person entered the fumigation area after clearance which ultimately resulted in the death of Mr. Ferran Canals and his pet cat. 62. AL-FLEX and QUINONES, performed pest control in a negligent manner as they are responsible pursuant to statute to train, supervise, and ensure that employees are in compliance with all Chapter 482, Florida Statutes, and 5E-14 Rules, Florida Administrative 40 Code, as to the fumigation requirements for the final pre-application clearance of fumigant and evacuation inspection and security necessary for the fumigation area to preclude entry by any unauthorized persons which ultimately resulted in the death of Mr. Ferran Canals and his pet cat. PROPOSED AGENCY ACTION WHEREFORE, The Respondents, AL-FLEX, QUINONES, DOMINGUEZ, RUBIO, SAAD and/or MEDAL are hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, intends to request and/or enter a Final Order against each of the foregoing Respondents for one or more of the following penalties: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. NOTICE OF RIGHTS YOU HAVE THE RIGHT, UNDER SECTION 120.57, FLORIDA STATUTES, TO CONTEST THE CHARGES THAT HAVE BEEN ALLEGED IN THIS ADMINISTRATIVE COMPLAINT. PLEASE REFER TO THE ATTACHED NOTICE OF RIGHTS. YOU HAVE THE RIGHT TO ASK FOR A HEARING IMMEDIATELY AND NOT WAIT 21 DAYS TO REQUEST THE HEARING. 4l DATED this | Nf day of on ML? , 2002. CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE Li (nbabe ack W. Crooks, Senior Attorney Department of Agriculture and Consumer Services CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by U.S. Certified Mail, return receipt requested and/or by service of process to the following: AL-FLEX EXTERMINATORS, INC., c/o Alexander E. Napoles, Registered Agent, 4035 SW 98" Avenue, Miami, Florida 33165; STRUCTURAL TENTING CORPORATION, c/o Alexander E. Napoles, Registered Agent, 4035 SW 98" Avenue, Miami, Florida 33165; ALEXANDER NAPOLES, 12545 SW 28" Street, Miami, Florida 33175; JOSE QUINONES, 10430 SW 35" Avenue, Miami, Florida 33147; RICARDO DOMINGUEZ, 13624 SW 286 Terrace, Homestead, Florida 33033;ABRAHAM RUBIO, 11801 SW 227 Street, Miami, Florida 33170; JOEY SAAD, 5503 SW 128 Court, Miami, Florida 33175, and 42 JOSE MEDAL, 3862 SW 84 Avenue, Miami, Florida 33155 this-4/YA\day of > Anh , 2002. ack W. Crooks, Senior Attorney Florida Bar # 155231 Department of Agriculture and Consumer Services Fifth Floor, Mayo Building Tallahassee, Florida 32399-0800 (850) 245-1000 (850) 245-1001 - Fax ATTORNEY FOR PETITIONER 43

Docket for Case No: 02-002784