7 sturee oi STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, v. Agency Clerk No.: B23015 LAKE COUNTY FISH FARMS, LLC, Adam Perez and Vlado Ivetic, #AQ5145028 Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department of Agriculture and Consumer Services (Department), files this Administrative Complaint against Respondents Lake County Fish Farms, LLC, Adam Perez, and Vlado Ivetic. The Department seeks the appropriate sanctions be imposed against Respondents’ Aquaculture Certificate of Registration pursuant to sections 597.004 and 597.0041, Florida Statutes, and Rule Chapter 5L-3, Florida Administrative Code, and alleges: JURISDICTION 1. The Department has jurisdiction pursuant to sections 597.004 and 597.0041, Florida Statutes. 2. Respondents Lake County Fish Farms, LLC, Adam Perez and Vlado Ivetic, hold Aquaculture Certificate of Registration number AQ5145028 (certificate) issued by the Department pursuant to section 597.004(1), Florida Statutes, and authorizing Respondents’ operation of an aquaculture facility at 21822 SR 44, Eustis, Florida 32736 (facility). MATERIAL FACTS 3. Respondents were initially approved to construct the facility and issued the corresponding certificate by the Department on or about October 22, 2013. At the time, the facility and certificate belonged to Respondents’ predecessors Headwater Farm and Adam Perez. 4. The facility plan accepted by the Department with the October 22, 2013 certificate consisted of 18 one-acre grow ponds for purposes of producing approximately 500,000 pounds of tilapia fish per year. Construction was anticipated to continue from September 2013 through September of 2016 and production was anticipated to begin by January of 2016. 5. Respondents predecessors applied to renew the certificate in subsequent certification years (2014-2015 through 2018-19) and certificates were processed on or about July 31, 2014, June 22, 2015, June 16, 2016, June 12, 2017, and June 15, 2018. 6. On January 10, 2018, the certificate was updated to replace Headwater Farm with Respondent Lake County Fish Farms, LLC, as the company or organization name. Respondent Adam Perez remained on the certificate. 7. On or about April 18, 2019, Respondents submitted a revised facility plan, attached hereto and incorporated herein as Composite Exhibit 1, which was accepted by the Department. The plan included 26 one-acre ponds. The Respondents represented the following to the Department in the plan: a) Ponds 1-12 depicted in the graphic were completed and ready for use; b) Ponds 13 and 14 were being graded and expected to be completed “shortly”; c) Ponds 15-19 were fully graded and ready for use; d) Ponds 20-26 were “currently” being worked on; e) Ponds 9 and 10 were stocked with 2000 tilapia between 2-3 inches in size; f) A six inch well was anticipated to be installed in the next 90 days including the power source; and g) The edge of the property around the ponds was depicted in graphic as having a sloping gradient. 8. On or about May 7, 2019, the Department conducted a site visit and observed only one pond contained water and no fish were observed. 9. On or about May 17, 2019, Respondents submitted a renewal application for the certificate. The application added Respondent, Vlado Ivetic as an additional applicant. On or about June 21, 2019, the certificate was renewed by the Department. 10. On or about October 25, 2019, the Department conducted a site visit and observed no major development of aquaculture activities since previous inspection, including: a) Division staff observed fish in pond 10, but no fish were observed in any other pond onsite despite Respondent having claimed during the site visit that 4-5 ponds had been stocked; and b) Several ponds were being actively filled to account for water loss through percolation during the site visit. 11. On or about November 12, 2019, Respondents provided a revised facility plan, attached hereto and incorporated herein as Composite Exhibit 2. The plan includes representations from Respondents that pond 10 contains 6000 to 8000 fish and ponds 6 through 9 each had 500 fish. 12. On or about December 12, 2019, Respondents provided the following information regarding the November 12, 2019 facility plan in response to the Department’s inquiry: a) Construction of ponds 1-12 was complete; b) Eight ponds were currently stocked with fish; c) The remaining stock would come from harvesting from already stocked ponds d) Respondent planned to harvest 4,000-5,000 pounds of fish from each pond e) Respondent planned to make the first harvest during the summer of 2020; f) Respondent planned to complete construction of ponds 13-26 on by January 1, 2020; g) Respondent estimated ponds 13-26 would be filled and ready to stock by April 1, 2020; and i) As required by the April 2019 plan, the farm had installed a 6 inch well and supplied power to it, stocked 6 additional ponds, and graded ponds 13 to 22. 13. On or about February 11, 2020, the Department conducted a site visit and observed facility construction that was not consistent with aquaculture production or the development expectations set forth in the facility plan of November 12, 2019 and the information provided on December 12, 2019 and accepted by the Department. The status of the facility was as follows: a) Fill was removed from the entry to the facility at a steeper grade than indicated by plan; b) Several ponds on the east side were receiving water from a well; c) No well water was being pumped to any of the excavated ponds on the west side of the site; d) Fish were observed in pond 10, but no fish were observed in any other ponds onsite; e) Ponds 7, 8, and 9 were covered with a thick layer of algae with vegetation growing in the water and around the edge of the water; f) Ponds 5 and 6 only contained a few inches of water and the entire bottom of the ponds was clearly visible; g) Several ponds had been dug deeper and some contained ground water or had reached the ground water table; the depth of these ponds ranged from 10-20 feet; h) Ponds 11 and 12 were excavated ten or more feet below their previous grade observed during the October 25, 2019 site visit; and i) The pond bank grade around some ponds is steeper than one horizontal to one vertical unit. 14. Respondents new construction of excavated ponds as described above, failed to meet development expectations set out in their facility plans and failed to comply with applicable Best Management Practices. VIOLATIONS Respondents activities, as set forth herein, violate the following statutes and rules: 15. Section 597.004(1), Florida Statutes, provides that an application for an Aquaculture Certificate of Registration must include “documentation that the rules adopted [pursuant to section 597.004, Florida Statutes,] have been complied with.” 16. Section 597.004, Florida Statutes, provides that a “person who violates this chapter or any rule adopted under this chapter is subject to a suspension or revocation of his or her certificate of registration or license under this chapter. The Department may, in lieu of or in addition to the suspension or revocation, impose on the violator an administrative fine in the Class 1 category pursuant to s. 570.971 for each violation, for each day the violation exists.” 17. The rules adopted pursuant to section 597.004(1), Florida Statutes, include Rule 5L-3.004, Florida Administrative Code, which adopts and incorporates the Aquaculture Best Management Practices Manual (BMPs) that must be implemented by certified aquaculture facilities. 18. Section V., Construction, A. New Construction. of the BMPs requires that “construction timelines should not exceed 12 months” and “failure to meet development expectations of the given requirements will result in non-issuance or cancellation of the aquaculture certificate and subsequent referral to all other appropriate regulatory agencies.” 19. Section V., Construction, A. New Construction. of the BMPs further provides that “construction must adhere to the requirements of Chapter V [Construction] of the Aquaculture Best Management Practices Manual. 20. The BMPs require with regard to the excavation of ponds, in section V. Construction, I. Excavated Ponds: a) “[P]onds must be constructed in accordance with the USDA-NRCS Field Office or IFAS guidelines (USDA NRCS, Ponds-Planning, Design, Construction Agriculture Handbook, Number 590 (November 1997) or USDA NRCS , Conservation Practice Standard, Aquaculture Ponds, Code 397 (June, 2004) which is incorporated by reference into Rule 5L-3.004, F.A.C.) or a department approved design and shall maintain a minimum one- foot of free board.”; and b) When constructing ponds “remove trees, stumps, and brush which may undermine the integrity of berms and dams.” WHEREFORE, Aquaculture Certificate of Registration AQ5145028 is revoked for failing to comply with chapter 597, Florida Statutes, and the rules adopted pursuant thereto, including BMPs related to facility construction and the excavation of ponds. Respectfully submitted on this Ly of Merch \_, 2020. Portia Sapp, Director Department of Agriculture and Consumer Services Division of Aquaculture 600 South Calhoun Street, Suite 217 Tallahassee, Florida 32399 850-617-7600 NOTICE OF RIGHTS In accordance with Sections 120.569 and 120.57, Florida Statutes, you have the right to request a formal or informal hearing to contest this determination and to be represented by counsel or other qualified representative at the hearing. To request a hearing, you must complete the enclosed Election of Rights form and file it with the Division within 21 days of receipt of this notice. Your failure to timely file the Election of Rights form with the Division within 21 days of receipt of this notice shall be considered a waiver of your right to a hearing. Florida Department of Agriculture and Consumer Services ELECTION OF RIGHTS ADMINISTRATIVE COMPLAINT NICOLE "NIKKI" FRIED Case No._B23015 COMMISSIONER This form must be received by the Division of Aquaculture office in Tallahassee Florida, within 21 days of receipt of the Administrative Complaint. Failure to do so shall be deemed a waiver of your right to an administrative hearing. Select one of the following options and sign below: oO Stipulation | have read and understand the enclosed Stipulation and Settlement. By signing the agreement | choose not to litigate the issues or facts alleged, hereby waive my right to a hearing under Sections 120.569 and 120.57, Florida Statutes, and will abide by the conditions imposed. Informal Hearing I do not dispute the facts upon which the agency action is based. | wish to make an explanation of those facts by speaking on my behalf at an informal hearing. The informal hearing will be conducted before a hearing officer of the Department of Agriculture and Consumer Services in accordance with Sections 120.569 and 120,.57(2), Florida Statutes, and applicable portions of Chapter 28-106, Florida Administrative Code. Informal Hearing by Written Statement Ido not dispute the facts upon which the agency action is based. | wish to make an explanation of those facts by submitting a written statement to a hearing officer and | waive my right to appear in person at an informal hearing. The informal hearing will be conducted before a hearing officer of the Department of Agriculture and Consumer Services in accordance with Sections 420.569 and 120.57(2), Florida Statutes, and applicable portions of Chapter 28-106, Florida Administrative Code. Formal Hearing | dispute the facts upon which the agency action is based. I have attached to this form a petition or written statement of the disputed issues of material fact and hereby request a formal hearing to be conducted pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and applicable portions of Chapter 28-106, Florida Administrative Code. | realize that failure to state the disputed issues of material fact may result in the denial of my request for a formal hearing. The formal hearing will be held before an Administrative Law Judge of the Division of Administrative Hearings where | may present evidence and argument on the issues. | have read and understand the Election of Rights form and understand that | have the right to be represented by counsel or qualified representative at either an informal or formal hearing. Mediation, pursuant to Section 120.573, Florida Statutes, is not available as an alternative remedy. Respondent's Signature Attorney's Signature if represented Type or print your name Type or print attorney’s name Respondent's mailing address Attorney's mailing address Respondent's city, stateandzip. Attorney’s city, state and zip Respondent's telephone number and email address Attorney's telephone number and email address Upon completion of this form, return it to: Florida Department of Aariculture and Consumer Services Division of Aquaculture 600 S. Calhoun Street, Suite 217 Tallahassee , Florida _32399 Note: In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in a hearing should contact the Division no later than seven (7) days prior to the hearing at which such special accommodation is required. The Division may be contacted at Serina Rocco, 860-617-7600 . Hearing and voice impaired persons may call the Florida Relay Service at (800) 955-8771 (TDD) to reach (850) 245-5491. FDACS-16011 Rev. 11/15 Composite Exhibit 1 LAKE COUNTY FISH FARMS LLC 1060 BELLE AVE, WINTER SPRINGS FL 32708 407-402-1796 Farm plan, Developing 70 acres property for organic fish farming use. Plan is to develop 26 ponds for fish farming. We have developed 12 ponds as of now and have fish stocked in 2 ponds. Plan is to have ail 26 ponds constructed by the end of this year. We will grow biue gill, tilapia, cat fish and bass. Please contact me if you have any questions, Thank you! 407-402-1796 Vlado Ivetic SECTIBN A-A SEE SECTIONS —— ele 2 SECTION B-B SEE SECTIONS CENTRAL FLORIDA yd eee FLORIDA | ENGINEERING 38, PHONE: MEyTIMED RAE BONARTAN 43,448 SFCTYP) OG EXISTING ROAD FISH POND T ONNECT SECTION C~C SEE SECTIONS fs C' SR 44 FISH FARM LAKE COUNTY, PRELIMINARY GRADING PLAN ~~ SECTION-D=5 SEE SECTIONS .~ Site Votume Taig. Unod justed a Stratum Surfl Surf SDUTHPART str65 eg . 1,770,023¢C) Grid ACCESS ROAD JAMES A. FRASER, P.E. #58030 From: vivetic@cfl.rr.com To: Ervin, Samantha Subject: RE: Lake County Fish Farms LLC Date: Thursday, April 18, 2019 10:28:47 AM Attachments: Scan0659.pdf Good Morning, Please see attached map/design plan for the ponds. The ponds are each 1 acre in size. Ponds 1-12 are completed. They are fully graded and are ready to be utilized. Ponds 13 and 14 are currently being graded and those will be finished shortly. Ponds 15-19 are also fully graded and ready to be utilized. Ponds 20-26 are currently being worked on. Ponds 9 and 10 are filled with water and fully stocked with fish. We have those ponds stocked with roughly 2,000 tilapia which vary between 2 and 3 inches in size currently. As of now, we will be putting in 1 6in well to produce more water for the ponds. We are currently waiting on the power company to come out and install/upgrade the power source which will be powering the well. We are about 90 days out from completion of the well installation and power source. Thank you, Vlado Ivetic 407-402-1796 From: Ervin, Samantha Sent: Thursday, April 18, 2019 8:47 AM To: Adam Perez ; vivetic@cfl.rr.com Subject: RE: Lake County Fish Farms LLC Thank you. Mr. Ivetic, please provide a current map/design plan for the ponds along with any updated information regarding the number and sizes on wells on site. Respectfully, Samantha Ervin Environmental Specialist I! Division of Aquaculture Florida Department of Agriculture and Consumer Services (863) 578-1876 Office (863) 632- 9531 Cell (863) 578-1871 Fax Samantha.Ervin@FreshFromFlorida.com 170 Century Boulevard Bartow, FL 33830 www.FreshFromFlorida.com Please note that Florida has a broad public records law (Chapter 119, Florida Statutes). Most written communications to or from state employees are public records obtainable by the public upon request, Emails sent to me at this email address may be considered public and will only be withheld from disclosure if deemed confidential pursuant to the laws of the State of Florida. From: Adam Perez Sent: Tuesday, April 16, 2019 2:49 PM To: Ervin, Samantha Ce: vivetic@cfl.rr.com Subject: Re: Lake County Fish Farms LLC We are growing only tilapia. I’ll let Vlado answer pond questions. Sent from my iPhone On Apr 16, 2019, at 1:27 PM, Ervin, Samantha wrote: Good Afternoon, Could you please provide the current construction map for the ponds and identify the size? We have some conflicting information in the file, some notes say 18 planned but the map 26. There are also several variations in sizes listed. Also which species of fish do you have now? We currently only have the tilapia listed, do you want me to go ahead and add the blue gill, catfish, and bass? And which species of bass are you stocking, large mouth or hybrid striped? Respectfully, Samantha Ervin Environmental Specialist II Division of Aquaculture Florida Department of Agriculture and Consumer Services (863) 578-1876 Office {863) 632- 9531 Cell (863) 578-1871 Fax Samantha.Ervin@FreshFromFlorida.com 170 Century Boulevard Bartow, FL 33830 www.FreshFromFlorida.com Please note that Florida has a broad public records law (Chapter 119, Florida Statutes). Most written communications to or from state employees are public records obtainable by the public upon request. Emails sent to me at this email address may be considered public and will only be withheld from disclosure if deemed confidential pursuant to the laws of the State of Florida. From: vivetic@cfl.rr.com Sent: Monday, April 15, 2019 1:03 PM To: Ervin, Samantha Subject: Lake County Fish Farms LLC Good Afternoon, Please see attached plans. Composite Exhibit 2 From: vivetic@cfl.rr.com To: Richard, Andrew Subject: Lake County Fish Farms LLC Date: Tuesday, November 12, 2019 8:17:58 AM Attachments: Scan2602.pdf Andrew Good Morning, Please see attached Facility plan and timeline as we discussed. Thank you sir have a good day Lake County Fish Farms LLC Vlado lIvetic 407-402-1796 Lake County Fish Farms LLC Facility Summary: - Lake County Fish Farms LLC - 21822 State Road 44, Eustis FL - County zoning is AG - Raising Tilapia from Fry to full grown and selling to local restaurants and individuals looking for fresh local fish. Facility Description: - Total Land Acreage: 70 Acres - The ponds are 1 acre in size and there will be 26 Ponds total - The fish we are raising are Tilapia - Sketch of Facility - See attached - 16in Well and 1 4in Well Timeline for Construction: - Start Date: March 2015 - End date: May 2020 - We plan on adding another well on the westside of the property for the ponds on the westside. - We would like to expand into the 40 acres we have at the southside of the property. See attached Map for expansion. - We stocked 1000 pieces of tilapia on 2/21/19 - Pond 10 has 6-8000 fish. Ponds 9 -6 has 500 fish each. Lake County Fish Farms LLC Vlado Ivetic 407-402-1796 ONLISIX] CNBLXS~ OCORSH "Hd WASVA “V Savy SR 44 FISH FARM CENTRAL FLORIDA. LAKE COUNTY, FLORIDA | ENGINEER OVERALL PLAN

Docket for Case No: 20-001843

Issue Date	Proceedings
Aug. 18, 2020	Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 17, 2020	Unopposed Motion to Close File and Relinquish Jurisdiction filed.
Aug. 11, 2020	Order Continuing Case in Abeyance (parties to advise status by August 17, 2020).
Aug. 11, 2020	Unopposed Motion to Continue to Hold Matter in Abeyance filed.
Jul. 07, 2020	Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by August 10, 2020).
Jul. 06, 2020	Unopposed Motion to Cancel Hearing and Hold Matter in Abeyance filed.
Apr. 30, 2020	Order of Pre-hearing Instructions.
Apr. 30, 2020	Notice of Hearing (hearing set for July 14 and 15, 2020; 9:00 a.m.; Tallahassee).
Apr. 24, 2020	Joint Response to Initial Order filed.
Apr. 17, 2020	Initial Order.
Apr. 17, 2020	Notice of Appearance (Darby Shaw) filed.
Apr. 15, 2020	Respondent's Petition for Formal Administrative Hearing filed.
Apr. 15, 2020	Administrative Complaint filed.
Apr. 15, 2020	Agency referral filed.