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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs NANCY BONO, 07-000985PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000985PL Visitors: 58
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.
Source:  Florida - Division of Administrative Hearings

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