Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: NANCY BONO
Judges: LARRY J. SARTIN
Agency: Department of Agriculture and Consumer Services
Locations: Lauderdale By The Sea, Florida
Filed: Feb. 26, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 6, 2007.
Latest Update: Dec. 23, 2024
Feb 26 2007 11:54
FEB-26-2087 12:19 DEPT OF AGRICULTURE LEGAL 856 245 1681 P4536
Florida Department of Agriculture and Consumer Services
CHARLES H. BRONSON, Commissioner
The Capitol Tallahassee, FL 32399-0800
www.doacs.state.fl.us
Please Respond to:
September 22, 2006 Borvau of Entomology and Pest Control
, 1203 Governors Square Bouleverd, Suite 300
Tallahassee, Florida 32301-2961
B B50021-4177 | Bs 850/921-4176
A i e
DELIVERY VIA UPS
Nancy B. Bono, JF132898
5555 N. Ocean Blvd. #26
Lauderdale-by-the-Sea, Florida 33308
RE: ADMINISTRATIVE COMPLAINT AND SETTLEMENT AGREEMENT
NOTICE TO CEASE AND DESIST
Administrative Complaint # 444575
BEPC Case # 05-3138
INVESTIGATIVE RESULTS
. The Department of Agriculture and Consumer Services (“Department”) conducted an
investigation and found the following violation(s):
During the investigation of Bullseye Environmental Services, Inc., Vero Beach, it
was learned that Nancy B. Bono, JF132898, was issued Pest Control Identification
Card # JE104043 through Bullseye Environmental Services, Inc. October 09, 2001.
Statements obtained from Ms. Bono reveal that she did not perform pest control
services during the 3 years she was associated with Bullseye Environmental
Services, Inc. and received no compensation. Consequently, Ms. Bono did not
qualify for a Pest Control Identification Card nor did she meet the definition of
“employee” as defined by Section(s) 482.021(7), Florida Statutes, and since her
qualification to take the Department’s Lawn & Ornamental examination was based
on the 3 years this Pest Control Identification Card was in effect she did not qualify
to take the Pest Control Operators Lawn & Ormamental examination under the
provisions of Section 482.132(2)(a), Florida Statutes.
Count 1- Failure to provide the Department true and accurate information upon request
for the purpose of taking one of the Department’s Pest Control] Operator's Certificate
Examination is a violation of Section(s) 482.161(1)(g), Florida Statutes.
ve
2
rit
Florida Agriculture and Forest Products
#87 Billion for Florida’s Economy
FEB-26-2087 12:19 DEPT OF AGRICULTURE LEGAL
Feb 26 2007 11:54
Nancy B. Bono, JF132898
BEPC Case # 05-3138
Page Two
NOTICE TO CEASE AND DESIST
_ You are hereby notified and directed to_cease and desist from any apd_all pest
control operations you are engaged in until such time as you are duly licensed_under the
Florida Structural Pest Control Act, Chapter 482, Florida Statutes, Section 482,071.
Failure to do so may result in further legal action against you by the Department,
SETTLEMENT
At this time the Department is willing to settle this matter as follows:
(a) An admission of violation of Section(s) 482.161(1)(g), 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
ONE THOUSAND DOLLARS ($1,000); and
(c) Revocation of Pest Control Identification Card # JE133538 and Certified Pest
Control Operators Certificate # JF 132898; and
(d) You must cease and desist from all pest control operations you may be engaged in
until such time as you are duly licensed under the law, Section 482.071, Florida
Statutes, to resolve this matter; and
(e) Your signature affixed on the attached Settlement Agreement; and
(f) 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
Settlement 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
856 245 1681 P.@6/36
Feb 26 2007 11:55
FEB-26-2087 12:19 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.@?/36
Nancy B. Bono, JF 132898
BEPC Case # 05-3138
Page Three
argument, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum
issued on your behalf if 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 4 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.
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 Tight 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
; wtih. C = oe
Michael J. Page, Chief 7
Bureau of Entomology and Pest Control
MIJP/ems
Attachments: Return Envelope
Filed with the Agency Clerk
Docket for Case No: 07-000985PL
Issue Date |
Proceedings |
Mar. 06, 2007 |
Order Closing File. CASE CLOSED.
|
Mar. 05, 2007 |
Motion to Relinquish Jurisdiction filed.
|
Feb. 26, 2007 |
Initial Order.
|
Feb. 26, 2007 |
Petitioner`s Notice of Services of First Set of Interrogatories to Respondent filed.
|
Feb. 26, 2007 |
Petitioner`s First Set of Interrogatories to Respondent filed.
|
Feb. 26, 2007 |
Petitioner`s First Request for Production of Documents filed.
|
Feb. 26, 2007 |
Petitioner`s First Request for Admissions to Respondent filed.
|
Feb. 26, 2007 |
Motion to Dismiss or in the Alternative, Motion for More Definite Statement filed.
|
Feb. 26, 2007 |
Petition for Formal Hearing filed.
|
Feb. 26, 2007 |
Settlement Agreement filed.
|
Feb. 26, 2007 |
Administrative Complaint filed.
|
Feb. 26, 2007 |
Amendment to Administrative Complaint filed.
|
Feb. 26, 2007 |
Agency referral filed.
|