C ( . Florida Department of Agriculture & Consumer Services ; CHARLES H. BRONSON, Commissioner The Capitol » Tallahassee, FL 32399-0800 Please Respond to: Bureau of Entomology and Pest Control June 30, 2006 1203 Governor's Square Bivd., Syity 300 Tallahassee, FL 32301-29610° «A, (850) 921-4177 (850) 410-0724 Be DELIVERY VIA UPS ; Pa hte sow Soridatermiveh | 0 Richard J. Dudkiewicz, Licensee & COIC Elite Pest Management, JB139396 10067 Cara Street Spring Hill, Florida 34608 RE: ADMINISTRATIVE COMPLAINT AND SETTLEMENT AGREEMENT Administrative Complaint # A43507 BEPC Case # 06-239 INVESTIGATIVE RESULTS The Department of Agriculture and Consumer Services (“Department”) conducted an . investigation and found the following violation(s): During the period of May 20, 2005, through February 13, 2006, the Department has learned that Richard J. Dudkiewicz performed preconstruction subterranean termite treatments and issued no less than 178 subterranean termite contracts in the State of Florida even though he did not have a Pest Control Business License issued by the Bureau of Entomology & Pest Control. A Department inspector made numerous attempts to contact Mr. Dudkiewicz, including phone calls and a certified letter to his address of record, to arrange an interview to discuss a consumer complaint filed with the Department involving these treatments, but a meeting could never be arranged. The Department inspector was able to confirm and collect records from Westfield Homes who had used Mr. Dudkiewicz and his unlicensed company, Elite Pest Systems, for these preconstruction subterranean termite treatments. On February 13, 2006, Mr. Dudkiewicz was issued a new Pest Control Business License, number JB139396, to operate as Elite Pest Management. Count 1- Performing preconstruction subterranean termite treatments and issuing preconstruction subterranean termite contracts without a Pest Control Business License and permit to perform preventative termite treatment for new construction is a violation of Section(s) 482.071(1) and 482.0815, Florida Statutes. Florida Agriculture and Forest Products $62 Billion for Flotida’s Economy Richard J. Dudkiewicz, Licensee & COIC Elite Pest Management, JB139396 4p, PY BEPC Case # 06-239 ih iy ¢; LAS, SY Page Two ; BS Oo UL MWA Dy ) O5' He SETTLEMENT At this time the Department is willing to settle this matter as follows: (a) An admission of violation of Section(s) 482.071(1) and 482.0815, Florida Statutes; and (b) Payment of an Administrative Fine in the form of a check or money order made payable to the “Department of Agriculture and Consumer Services” in the amount of THREE THOUSAND DOLLARS ($3,000) to resolve this matter; and (c) Your signature affixed on the attached Settlement Agreement; and (d) Receipt by the Department of the settlement documents within 21 days of your receipt of this letter. ‘ If this settlement is acceptable, please indicate your acceptance by signing the attached Setilement Agreement and returning the original of this letter along with all other documents required for settlement in the enclosed envelope within twenty-one (21) days of receipt of this letter. Acceptance of this settlement and the timely return to the Department of all settlement documents will conclude this matter subject to final approval by the Commissioner’s office. ADMINISTRATIVE HEARING AVAILABLE If you wish to contest the department’s findings, you have the right to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalfif a hearing is requested. Your request for hearing must contain your name and address for purposes of service, a statement requesting either a hearing involving disputed issues of material fact or a hearing not involving disputed issues of material fact, and a reference to this administrative complaint. If you request a hearing the offer of settlement is withdrawn and you may receive a more severe penalty. DEADLINE TO REQUEST AN ADMINISTRATIVE HEARING Your request for a hearing must be received within twenty-one (21) days of receipt of this letter. Richard J. Dudkiewicz, Licensee & COIC Elite Pest Management, JB139396 BEPC Case # 06-239 Page Three FAILURE TO SETTLE OR REQUEST AN ADMINISTRATIVE HEARING If you fail to settle or fail to request an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the department may enter a Final Order imposing up to the maximum penalties as authorized by Florida law. : FURTHER INFORMATION If you wish to discuss this matter, please contact the Enforcement Section at (850) 921-4177. Sincerely, CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE Aebhl tage Michael J. Page, Chief . Bureau of Entomology and Pest Control MIJP/gms Attachments: Return Envelope Filed with the Agency Clerk Make check payable to and remit form to: FL Department of Agriculture and . . Consumer Services Florida Department of Agriculture and Post Office Box 6700 Consumer Services Tallahassee, FL, 33 14-6700 . 7 ft, “ SETTLEMENT AGREEMENT A oe CHARLES H. BRONSON oe ee COMMISSIONER : ao 9 F EER PO tt on’ . a Ewe st “9 Leeper June 30, 2006 Ss om a & . Ts, wv Richard J. Dudkiewicz, Licensee & COIC Administrative Complaint # A@8507 ~ Elite Pest Management, JB139396 BEPC Case # 06-239 10067 Cara Street ‘ Spring Hill, Florida 34608 Thereby agree to settle the violations stated in the Administrative Complaint and Settlement Agreement dated June 30, 2006, as follows (check one): _X___Tagree to pay the fine amount of $3,000 , and comply with all laws governing the Structural Pest Control Act, Chapter 482, Florida Statutes, and/or Chapter SE-14, Florida Administrative Code in the State of Florida. NA_ J agree to pay the fine of _NA _ and immediately cease doing business as a Structural Pest Control licensee in the State of Florida. I further agree that if I fail to comply with the terms of this settlement the Department will enter a Final Order imposing the maximum penalties authorized by Florida law, and may seek additional remedies in court. APPROVED BY: : CHARLES H. BRONSON Name (please print) Legal Name of Business COMMISSIONER OF AGRICULTURE Signature Date Title Telephone Number Terry L. Rhodes Assistant Commissioner FL Department of Agriculture and Consumer Services ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT ce: Investigator Org. Code: 42130604006 EO: . B7 Object Code: 012052 DACS-01272 12/01 . Administrative Complaint No: A43507 BEPC Case No 06-239 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. NOTICE OF RIGHTS AND HEARING REQUEST FORM (pursuant to Chapter 120, Florida Statutes) You may request a hearing where you do not dispute the facts (Informal Hearing) or a hearing to dispute the facts (Formal Hearing). Your choice-must be made within twenty-one (21) days. Failure to comply with the twenty-one (21) day deadline may result in a default being entered against you, Mediation pursuant to Chapter 120, Florida Statutes is not available. ‘ ‘ INFORMAL HEARING If you do not dispute or wish to contest the facts in the administrative complaint, but wish to object to the agency action, i.e. the application of the law to the facts or the proposed penalty, you should choose this option. An informal hearing is an informal proceeding before the Department whereby you will have the opportunity to be represented by counsel, to ‘present written’ or oral evidence: in’ opposition tothe ‘Department’s proposed action, or to present a written statement challenging the. grounds upon which the Department is justifying its actions. You will have the opportunity to discuss settlement at the informal " hearing, aenres es eg etn FORMAL HEARING ‘If you dispute the facts in the adniinistrative complaint you should choose 4 formal-hearing.’ Formal hearings are like non-jury trials, and are held before an administrative law judge. At a formal hearing, you will have the. opportunity to be represented by counsel, to present evidence and argument on all issues involved, to conduct cross-examination and-submit rebuttal evidence, to submit proposed findings of facts and orders, and to file.exceptions to the administrative law judge’s recommended order, If you choose a formal hearing, the Division will refer your file to the Departmenit’s legal staff for- handling, Please note that the administrative complaint may be amended to increase the violations or the proposed penalty. Your case will then be forwarded to the Division of Administrative Hearings for assignment of an administrative law judge. You will ordinarily be required to appear in person. Pe aay HEARING SELECTION Please check whether you want an informal or-formal hearing, and fill out the information on the reverse side of this form. : {] INFORMAL HEARING REQUESTED. For your informal hearing, please check: ms : : [ ] I wish to appear in person and submit documents at or before the hearing. {] I wish to participate by telephone conference and submit documents prior to the hearing date. : {] I wish only to submit a written statement, [NOTE: Any documents not received prior to the hearing will not be considered] Cj FORMAL HEARING REQUESTED. - - HEARING INFORMATION REQUEST Please type or print'the information requested. ; : 72: - Name: as et Pees Telephone... ‘Address: SS eerie Business Name: ie Telephone Business Address:_._. . Loe : : Name of Légal Counsel or Representative: | Address: Telephone Please state how your substantial interests will be affected by thé Dépaitment’s determination. Please state when and how you received. your notice of the Department's administrative complaint or decision. Give a concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the Department's proposed action. Give a statement of the specific rules or statutes . You contend requires reversal or modification of the Department's Proposed actions. Co, : De, ag Loon Please describe briefly te relief you are seeking and what action do you propose to have the Department take with, respect to the Department’s Proposed action, . : a a FOR A FORMAL HEARING- List all disputed issues of material facts and if none so indicate, ib pe ee Signature for Individual ae anne SNE _ Date:_- Signature for Corporation and Title (ie, President, VP, Sec, Treas,) , . _ oe : : . Date RETURN ADDRESS: .. Florida Department of Agriculture and Consumer Services Agency Clerk Post Office Box 6710 Tallahassee, FL 32314-6710° Please type o or print: ‘the information requested. - - HEARING INFORMATION REQUEST Name: & 2/7 E Seg mE we ELLE fh ee | Pre 999 ~ rut § Frc we ear oe Business, Name;. ‘a Zi Fe ge Fm 2 7 Zz 7 a Business. ‘Address Name of Legel ise or Representative es Address: i Telephone Please state how your substantial interests will be affectid y thé Department’s determination. Please state when and how yo rived your notice of the Department's sciministrative complaint or, scision. Give a concise ‘statement of the “altimate facts alleged, including the ‘specific facts you contend warrant reversal or modification of the Department's proposed action. Give a statement of the. specific rules. or statutes vn sented ei reversal, or modification of the ‘Department's Proposed actions, ©, : Bae . a Shoe Please describe briefly the relief you are seeking and what action do you propose to have the Deparment take with rosperts to, the ‘Depertment ! oposed. action, FOR A FORMAL HEARING List all disputed issues of material facts and if none so indicate 4 pee tig RETURN.ADDRESS: ... Florida Department of Agriculture and. Consumer Services Agency Clerk Post Office Box 6710 Tallahassee, FL 32314-6710° Administrative Complaint No: A43507 BEPC Case No 06-239 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. NOTICE OF RIGHTS AND HEARING REQUEST FORM (pursuant to Chapter 120, Florida Statutes) You may request a hearing where you do not dispute the facts (informal Hearing) or a hearing to dispute . the facts (Formal Hearing). Your choice-must be made within twenty-one (21) days. Failure to comply with the twenty-one (21) day deadline may result in a default being entered against you, Mediation pursuant to Chapter 120, Florida Statutes is not available. INFORMAL HEARING Ifyou do not dispute or wish to contest the facts in the administrative complaint, but wish to object. to the agency action, i.e. the application of the Jaw to the facts or the proposed penalty, you should choose this option, An informal hearing is an informal proceeding before the Department whereby you will have the opportunity to: be represented by counsel, to present written’ or oral evidehée: in’ opposition to-‘the Department's proposed action, or to present a written statement challenging the grounds upon which the Department is Justifying its actions. You will have the oppartunity to discuss settlement ¢ at the informal ” hearing, Lo. FORMAL HEARING ‘Tf you dispute the facts in the administrative complaint you should choose a formal: hearing.’ Formal hearings are like non-jury trials, and are held before an administrative law judge. At a formal hearing,’ you will have the- opportunity to be represented by counsel, to present evidence and argument on all issues involved, to conduct cross-examination and-submit rebuttal evidence, to submit proposed findings of facts and orders, and to file exceptions to the sdininistrative lew judge’ 8 recommended order. Tf you choose a formal hearing, the Division will refer your file to the Departmeit's legal staff for’ handling, Please note that the administrative. complaint may be amended to increase the violations or the ~ proposed penalty. Your case will then be forwarded to the Division. of Administrative Hearings for assignment of an administrative Jaw judge. You will ordinarily be required to appear in person. : HEARING SELECTION Please check whether you want an informal or. formal hearing, and fill out the information on the reverse side of this form. [J INFORMAL HEARING REQUESTED. For your informal hearing, please check: : [ ] ° T wish to appear in person and submit documents at or before the hearing. {] I wish to participate by telephone conference and submit documents prior to the hearing date. I wish only to submit a written statement. (NOTE: Any documeiits nOHtEbsVel pHorto thehihting will not be considered] [] FORMAL HEARING REQUESTED. 92 ‘NT 9002 aan Way 40) a0 GAAS 93M

Docket for Case No: 06-005333