STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, Agency Clerk # B26861 Agency Clerk # B26863 BLE Case # 320-201-5024 TC Total Control Termite and Pest Professionals, Inc. (J B109040), and Mr. Nicholas Earl Lucas (JF214379), Certified Operator In-Charge of Fumigation Respondent. / ADMINISTRATIVE COMPLAINT Comes now, Petitioner, The Department of Agriculture and Consumer Services (“Department”), and hereby charges Respondents via Administrative Complaint alleging the following violations of Chapter 482, Florida Statutes (F.S.), and Rule SE-14, Florida Administrative Code (F.A.C.): The Department of Agriculture and Consumer Services (Department), Bureau of Inspection and Incident Response (BIIR), initiated an investigation of Total Control Termite and Pest Professionals, Inc. JB109040, (“Total”), in response to written directive 320-201-5024, regarding Respondents fumigation practices and fumigation clearance devices. COUNT 1 Section 5E-14.106(1), Florida Administrative Code (F.A.C.), states: “It shall be unlawful to use any registered pesticide in a manner inconsistent with its label and labeling.” [emphasis added]. The label for Zythor Gas Fumigant, under “Zythor Release”, requires: “Two persons trained in the use of Zythor, at least one of who is an applicator licensed/certified to perform fumigations by the state in which the application is being performed, must be present on 320-201-5024 TC Site during initiation of the initial aeration procedure. (Aeration procedures may vary significantly by state according to state regulations. Consult your state regulator for more guidance on this important subject.)” Section 5E-14.108(2), F.A.C., states: “... he second person shall be a certified fumigation operator, a special identification cardholder, or an identification cardholder with a Fumigation Identification Card endorsement on the employee identification card, which may be obtained as provided in subsection 5E-14.1421(5), F.A.C. Two (2) trained persons shall be present at each fumigation site for the introduction of the fumigant, entry during fumigation, and from the start of aeration (first opening of the seal) until the active aeration period with all operable doors and windows open, if required by the fumigant label, is completed and the structure is secured for the remaining aeration period...” During its investigation, Department inspectors reviewed company records which revealed Respondents repeatedly directed and/or designated employees, that either did not have the Fumigation Identification Card (FID) or who’s required FID training was not up to date, to be the second “trained” person on site for fumigation set-up and break-down procedures (gas set- up/introduction/shoot, pic removal, aeration procedures, etc). Analysis of Respondents records indicates a total of 1,636 times that untrained or under-credentialed personnel were used in fumigation phases requiring the presence of two (2) trained individuals from September 2019 through May 2020. The Department finds that Respondents violated Sections 5E-14.106(1) and SE-14.108(2) because it did not have a second trained individual at its fumigation sites when required to do so by the label. COUNT 2 Section 5E-14.106(1), F.A.C., states: “It shall be unlawful to use any registered pesticide in a manner inconsistent with its label and labeling” [emphasis added]. The label for Zythor Gas Fumigant states: “Two persons trained in the use of Zythor, at least one of who is an applicator licensed/certified to perform fumigations by the state in which the application is being performed, must be present on site during initiation of the initial aeration procedure. (Aeration procedures may vary significantly by state according to state regulations. Consult your state regulator for more guidance on this important subject.)” Section 5E-14.108(1) & (2), F.A.C., state: “(1) Each general fumigation (subsection SE-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 desi gnated by and under the direction 2 320-201-5024 TC 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 SE-14.102(4), F -A.C.) job in progress.” “(2) Whenever the presence of two (2) persons trained in the use of the fumigant is required by the fumigant label, at least one of these persons must be either a certified operator of fumigation or a designated special identification fumigation cardholder... The certified operator in charge of fumigation or his designated special identification cardholder shall be present at those times required by the fumigant label or by subsections SE-14.108(1), SE-14.111(4), 5E-14.112(1) and 5E- 14.1131), (2), F.A.C.” Section 5E-14.102(3) and (4), Florida Administrative Code (F.A.C.), state: (3) “Fumigation period” — Period of time from application of fumigant(s) until the ventilation of structure is completed, and the structure is declared safe for occupancy. (4) “General fumigation” — Application of fumigant(s) to one (1) or more rooms or their contents in a structure or to entire structure; or to commodities under gas-tight sheets or tarpaulins.” Department inspectors hand-delivered a Request for Information for fumigation logs including September 3, 2019 through February 29, 2020, Self-Contained Breathing Apparatus (SCBA) service records and invoices from 2019 and 2020, and additional fumigations logs for other date ranges. Review of the Fumigation Logs provided by Respondents revealed that there were numerous occasions where a SPID or clearing SPID was in ‘multiple locations’ at the same time. The Department finds that Respondents violated Sections 5E-14. 106(1) and 5E-14.108(1) & (2), when it failed to have a Certified Pest Control Operator (CPO) or Special ID Card (SPID) holder present at each fumigation site for gas introduction and/or initial aeration procedures, as required by the label. COUNT 3 Section 5E-14.108(3), F.A.C.., states: “It shall be the duty of the certified operator in charge of fumigation to carry out the following: (a) Train and/or verify training to each special fumigation identification cardholder in proper fumigation procedures as required by regulations and fumigant label directions, and to know the location, purpose, use and maintenance of personal protective equipment and fumigant detection and safety devices and when and how to use this equipment. (b) Train each identification cardholder, assigned to fumigation work, in basic fumigation procedures, SCBA (self-contained breathing apparatus) use and the proper use of fumigant safety equipment and to report immediately to the certified operator in charge or his special fumigation identification cardholder any irregularities or emergencies.” Section SE-14.108(9), F.A.C., states: “Licensees performing fumigations with a residential fumigant must agree to, in writing, and be in compliance with the Stewardship Policy requirements for the residential fumigant used, including 3 320-201-5024 TC having completed all training and quality assurance review(s) required under the relevant Stewardship Policy. New fumigation employees must receive Initial Stewardship Training on the residential fumigant(s) used by the licensee within 60-days of their first day of employment by the licensee, if the new fumigation employee did not receive that stewardship training earlier in the calendar year. Current employees of the licensee who transition to working as fumigation employees must receive Annual Stewardship Training on residential fumigant(s) used by the licensee within 60 days of receiving their new identification cards (e.g. as a certified operator for fumigation, a special identification cardholder, or an ID cardholder with a fumigation endorsement) if they did not receive that stewardship training earlier in the calendar year.” On March 24, 2020, Mr. Jonathan Beeman, former employee (JE246226) of Total, provided information regarding alleged safety concerns related to fumigations being performed by Total. In his affidavit he alleged that the firm was sending untrained personnel to handle all phases of fumigation without proper training or supervision. Mr. Beeman indicated that he was instructed by COIC Lucas to shorten the 1-hour active aeration requirements. A review of recent FID applications submitted by Respondent show that online affidavits were completed for Zackary Holbine (JE285402) and Ashle Burch (JE260263) with FID effective dates of 6/8/20. Records indicate Mr. Holbine has never attended an Ensystex Zythor Stewardship Training, and Mr. Burch last attended Ensystex Zythor Stewardship Training on 3/6/19. Records received from Ensystex further detail that Holbine and Burch did not attend a Ensystex Zythor Stewardship Training within 60-days of submitting their online affidavits. The Department finds that the Respondents violated Section 5E-14.108(3) and (9), F.A.C., for failing to ensure/verify training for each current FID cardholder in proper fumigation procedures and failing to consistently obtain such training within 60-days of obtaining a new FID card for employees. COUNT 4 Section 5E-14.108(6), F.A.C. states: “When crew members are present on the fumigation site, two properly functioning, positive pressure, self-contained breathing apparatus (SCBA) must be available at the fumigation site at all times when the structure is under fumigation (fumigant release, exposure period, aeration and at other times when state law or the fumigant label requires the use or presence of a SCBA).” On March 24, 2020, Mr. Beeman indicated he took jobs down without being provided air for his SCBA but was instructed my COIC Lucas to “always wear the SCBA anyway in case someone was watching”. He also stated that a co-worker of his at the time, and SPID holder, Mr. Jason LaForge was exposed to sulfuryl fluoride on July 11, 2018, during the active aeration phase of a fumigation being conducted at 2206 Iowa Avenue in Bradenton, Florida after entering the structure without air in his SCBA. On September 10, 2020, Mr. Jason LaForge, JE231514 (FID issued May 15, 2018), former employee of Total, provided an affidavit, stating that he would often be working without a true 320-201-5024 TC functioning SCBA due to lack of air supply. He was told by Respondent that they would get the air, but it had been delayed for some time. The Department finds that the Respondents violated Sections SE-14.106(1) and SE-14.108(6), F.A.C., when they failed to have properly functioning SCBAs on site at all times when structures were under fumigation, specifically on multiple occasions when employees were entering a fumigated space. COUNT 5 Section 5E-14.106(1), F.A.C, states: “It shall be unlawful to use any registered pesticide in a manner inconsistent with its label and labeling.” [emphasis added]. The label for Zythor Gas Fumigant states: Respiratory Protection Requirements During Reentry/Aeration/Clearance - The processes of aeration and clearance of the fumigated space require entry into the fumigated space while the level of Zythor in the air within the breathing zone of the fumigated space still exceeds | ppm. All persons entering and/or remaining inside the fumigated space between the time of initial application of Zythor to the fumigated space and final clearance of the fumigated space must adhere to the requirements of the Respiratory Protection, Respiratory Protection Devices and Low Fumigant Level Detection Devices sections of the Zythor label and this manual. These sections are repeated below from earlier in this manual for emphasis. Respiratory Protection - Use of an approved Respiratory Protection Device (see Respiratory Protection Devices) is required to enter or remain within a fumigated space anytime the concentration of Zythor within the breathing zone of that space is known to exceed 1 ppm or is unknown, such as at the start of the aeration process. If the concentration of Zythor within the breathing zone of the fumigated space, as measured by an approved and properly calibrated Low Fumigant Level Detection Device (see Low F; umigant Level Detection Devices), does not exceed 1 ppm, no respiratory protection is required to enter or remain within the fumigated space. Because the approved detection devices give immediate readings of the levels of fumigant present, respiratory protection is not required when these devices are in use after the initial 1-hour aeration procedure is completed. However, whenever a fumigant level reading exceeding 1 ppm is obtained within the breathing zone of a fumigated space, anyone within the fumigated space not using an approved Respiratory Protection Device must immediately leave the fumigated space and remain outside the fumigated space until fumigant level readings of 1 ppm or greater are no longer obtained within the fumigated space. The fumigated space must remain posted until cleared for re-occupancy. Respiratory Protection Devices - Use a NIOSH or MSHA approved positive pressure Self- Contained Breathing Apparatus (SCBA, not SCUBA) or combination air supplied/SCBA respirator, such as those manufactured by Ranger, Survivair, Scott, or MSA, when respiratory protection is required (see Respiratory Protection). Required Respiratory Protection Devices must be on site and operational before an application of Zythor begins. Before using any make or 5 320-201-5024 TC brand of Respiratory Protection Device, learn how to use it correctly. Determine that it is in good working order, that it has an air supply sufficient to supply air for the period of time the device will be in use, that it fits properly and that it provides an adequate seal around the face.” On September 10, 2020, Mr. LaForge, JE231514, confirmed that on July 11, 2018, Respondents directed him and he went into a structure located at 2206 Iowa Avenue wearing an SCBA without sufficient air, and subsequently experienced ill health effects which resulted in him going to the hospital for treatment. The Department finds that the Respondents violated Section SE-14.106(1), F.A.C., on July 11, 2018, when they directed Mr. Jason LaForge, former employee and SPID cardholder (JE231514), to perform aeration procedures without a properly functioning SCBA. COUNT 6 Section 482.152(6), F.S., states: A certified operator’s “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: (6) The notification of the department of any accidental human poisoning or death connected with pest control work performed on a job she or he is supervising, within 24 hours after she or he has knowledge of the poisoning or death.” After Mr. LaForge, JE231514, was exposed to sulfuryl fluoride and admitted to the hospital on July 11, 2018, Respondents failed to report the occurrence of human poisoning to the Department within 24 hours. The Department finds that Mr. Nicholas Earl Lucas, (JF214379), Fumigation Certified Operator in Charge for Total Control Termite and Pest Professionals, Inc. (JB109040), is in violation of Section 482.152(6), F.S, for failure to notify the Department within 24 hours of Mr. Jason LaForge’s, JE231514, human poisoning and resulting hospitalization. COUNT 7 Section 5E-14.106(1), F.A.C.., states: “It shall be unlawful to use any registered pesticide in a manner inconsistent with its label and labeling.” [emphasis added]. Under “Aeration” the Zythor label states: “Clearance involves sampling the air within the breathing zone of the fumigated space with an approved and properly calibrated Low Fumigant Level Detection Device until readings given by 320-201-5024 TC the detection device indicate that the fumigant is no longer above 1 PPM within the breathing zone of the fumigated space.” Aeration - The final step in using Zythor is to remove it from within the fumigated space (aeration) and to confirm its absence from the breathing zone of the fumigated space after the completion of the aeration process (clearance). Clearance involves sampling the air within the breathing zone of the fumigated space with an approved and properly calibrated Low Fumigant Level Detection Device until readings given by the detection device indicate that fumigant is no longer present above 1 ppm within the breathing zone of the fumigated space. Section 5E-14.108(7), F.A.C., states: Each business licensee location performing fumigation must own at least two, label-approved, clearance devices so that at all times, a licensee has access to a properly functioning clearance device which must be calibrated in accordance with either the device manufacturer or the fumigant label directions, whichever is more restrictive. On March 4, 2020, Department inspectors confirmed that Spectros SF-ExplorIR clearance devices belonging to Total (units VR1000 and LV1008) were dropped off for calibration at EB & S Solutions, an authorized service provider for Spectros Instruments, and showed evidence of use, and exposure to fumigant, well after their calibration verification cycles had expired. The VR1000 unit expired on 9/7/19. It arrived for service on 2/20/20 about 5-months overdue. The unit’s parts per million (PPM) log/videos showed exposure to sulfuryl fluoride after the expired date. The unit also showed faults/errors after the expired date. The LV1008 unit expired on 9/7/18. It arrived for service on 2/20/20 approximately 17 months overdue. It had been powered up 1,140 times since the last service on 9/7/17. The unit’s PPM log showed exposure to sulfuryl fluoride as recent as 2/2/20, likely indicating it was used in an expired state to clear a job. The unit also showed faults after the expired date. Fumigation logs from early September 2019 through the end of F ebruary 2020 were reviewed during this investigation and confirmed the use of both uncalibrated clearance devices subsequent to their expiration dates The Department finds that the Respondents violated Section SE-14.106(1), F.A.C., for allowing two uncalibrated and faulty clearance devices to be used in clearance(s) of fumigated structures. COUNT 8 Section SE-14.142(1), (2) and (3), F.A.C., state: “(1) Records: Pest control records of the licensee pertaining to pest control activities and including contracts shall be kept at the licensed business location or at the exact Florida address specified in the application for business license for inspection by department inspectors for a minimum of two years. Additionally, routine operational records containing information on product brands (names), amounts, uses, dates, and places of application of restricted-use pesticides shall be kept at the 7 320-201-5024 TC licensed business location for a minimum of two years. Records kept electronically must be provided to the department upon request. Licensees operating in the category of fumigation shall record this information above along with the individual fumigant cylinder identification number utilized to fumigate a structure. Records for preventive treatment of subterranean termites in new construction shall be maintained for a minimum of three years pursuant to Section 482.05 1(5), F.S. (2) Pest control business licensees, certified operators, or employees of the licensee must supply any information that supports application(s) or form(s) filed with the department and shall permit authorized department representatives to view any such records upon written request. (3) Licensees performing fumigation with a residential fumigant, their employees, certified operators, and special identification cardholders shall comply with the label requirements and Stewardship Policy requirements of the residential fumigant being used. (a) In addition, the following safety procedures shall be followed to enhance safety in the clearance of structures fumigated with a residential fumigant. The certified operator for the contracted licensee shall maintain records relating to the fumigation clearance of structures fumigated with a residential fumigant. Such records shall consist of the following information for each application: |. Name and license number of the licensee responsible for the fumigant application; 2. Name of the person who applied the fumigant; 3. Date and time of the following: fumigant introduction, start of aeration, completion of aeration, and final testing for clearance; 4. Location of treatment site; 5. Detailed information relating to each label required clearance period including names of employees and personnel involved and start and stop times; 6. Total volume (cubic feet or other appropriate units) of the fumigated space; 7. Brand name or EPA registration number of the pesticide product applied; and, 8. Total amount in pounds or ounces, of fumigant and warning agent applied. (b) Licensees or applicators operating in the category of fumigation shall use the Fumigation Log, (FDACS-13000, 01/17), which is hereby adopted and incorporated by reference and available online at http://www .flrules.org/Gateway/reference.asp?No=Ref-07904, while onsite. Licensees or applicators operating in the category of fumigation pursuant to Section 482.11 1(2)(a), F.S., may use an alternative fumigation log form only if it incorporates all information required to be recorded in the current Fumigation Log, (FDACS-13000, 01/17). All licensees performing fumigation shall retain any records relating to the fumigation required by this rule for a period of two (2) years from the date of the fumigation. Upon request by the department, the licensee or certified operator in charge shall make available the records required to be maintained under this rule and shall permit the authorized representative to copy or photograph any of the records. The original records shall be maintained by the licensee.” Respondents’ Fumigation logs from early September 2019 through the end of February 2020 were reviewed during this investigation and confirmed that there were numerous fumigation logs with an incorrect clearance device number (493 times), or no clearance device number at all (277 times). Additional fumigation logs and Notice(s) of Fumigation (NOFs) showing data through May 18, 2020 were also reviewed as part of the investigation. These logs contained a number of other 8 320-201-5024 TC fumigation log and label violations. In all, there were 8,572 fumigation log violations noted during this review. Based on this review, it was also determined that the Department had received 83 Notices of Fumigation (NOFs) that Total did not provide fumigation log records for. The Department finds that Respondents violated Section 5E-14. 142(1), (2), G)(a)&(b), F.A.C., for failing to keep accurate and complete Fumigation Logs, (FDACS-13000, 01/17), for multiple fumigations performed by the licensee from early September 2019 through the end of February 2020. COUNT 9 Section 5E-14.106(1), F.A.C., states: “It shall be unlawful to use any registered pesticide in a manner inconsistent with its label and labeling.” {emphasis added]. Section SE-14.113(1), F.A.C., states: “(1) The certified operator in charge or his designated special fumigation identification card holder shall personally determine by using label-approved gas-detecting devices, verified and/or calibrated as required by either the device manufacturer or the fumigant label directions, whichever is more restrictive, that the entire structure or enclosed space fumigated, and also including beds and bedding therein, has been safely ventilated as required by fumigant label directions, to permit safe human entry and occupancy or reoccupancy. No person, other than the certified fumigation operator in charge, his designated special fumigation identification cardholder, or trained identification cardholder, utilizing the label-approved respiratory protective equipment or gas detecting device, may enter, occupy or reoccupy the fumigated structure for any reason prior to completion of the aeration procedure(s) and declaration of clearance. All warning agent containers shall be removed from the structure. In no instance shall ventilation or aeration time be less than that recommended by manufacturer of fumigant on the registered label.” The Zythor Label, under “Clearance” states: Only when certain periods of time (see Aeration Procedures below) have elapsed after the initiation of the aeration process and the level of fumigant remaining is confirmed at the end of those time periods to no longer exceed 1 ppm in the breathing zone of the fumigated space can final clearance for re-occupancy be given... The Zythor Label, under “Aeration Preparation and Safety”: Aeration is a time to apply maximum attention to safety. The start of the initial aeration period is probably the point of greatest potential danger during a fumigation. The goal of any aeration should be to remove the sulfuryl fluoride from the fumigated space and discharge it into the atmosphere while minimizing its impact on any non-target organism. The Zythor Label, under “Aeration Procedure 1 — Applied Dose 16 02/1000 cubic feet or less”: 320-201-5024 TC These steps must be completed in sequence. Step (1): Aerate the fumigated space with all operable windows and doors open, aided by the use of 1 or more fans, for a minimum of 1 hour. All of the fans used shall, in total, be capable of displacing at least 5,000 cubic feet of air per minute. The fans may be turned off for the remainder of the aeration period if desired. Step (2): Secure fumigated space and do not allow reentry for a minimum of 6 hours from the start of the aeration process (first opening of the seal). During this time, the fumigated Space must remain posted. Step (3): After the minimum 6 hour waiting period, measure the concentration of Zythor in the breathing zone of each room of the fumigated space using an approved and properly calibrated Low FumigantLevel Detection Device. If a concentration of Zythor greater than 1 ppm is detected in the breathing zone, ventilate the fumigated space by opening operable doors and windows and continue to measure the concentration of Zythor in the breathing zone until it is 1 ppm or less. F umigated space may be cleared for re-occupancy when the concentration of Zythor as measured with an approved and properly calibrated Low Fumigant Level Detection Device is determined to be 1 ppm or less in the breathing zone.” Department inspectors reviewed Respondents fumigation logs which revealed thirteen (13) times where Respondent shortened the passive aeration time to less than the minimum six (6) hours required by the label. The Department finds that Respondents violated Section SE-14.106(1) and SE-14.113(1), F.AC., in that the aeration time was less than that required by label on thirteen occasions between September 2019 and January 2020. COUNT 10 Section 5E-14,106(1), F.A.C., states: “It shall be unlawful to use any registered pesticide in a manner inconsistent with its label and labeling.” [emphasis added]. The label for Zythor Gas Fumigant states: “Fumicalc - The Fumicalc computer program, designed to run on most types of desktop and laptop computers and on Palm PDA devices, is used to calculate the Kill Power Index that must be achieved within a fumigant space to kill the target pest and the dose and exposure period necessary to achieve that Kill Power Index. The Fumicalc program is part of the Zythor labeling and must be used to calculate all doses and exposure periods for Zythor. The Fumicalc accepts as inputs the factors necessary to compute these values for all labeled target pests. The Fumicalc program is available from Ensystex II, Inc.” 10 320-201-5024 TC Upon review of Respondents’ records and Fumigation Logs, Department inspectors discovered that Respondents failed to use the Fumicalc to determine appropriate levels of fumigant to introduce into a structure. The Department finds that the Respondents violated Section SE-14.106(1), F.A.C., in that they failed to use the Fumicalc and/or did not follow the label application rate for powderpost beetles once and did not follow the label application rate for bed bugs on 6 occasions. In addition, Chloropicrin was not applied at the label rate on 22 occasions between October 2019 and March 2020. PRIOR ACTIONS Total has previously received actions from the Department for allowing fumigations to be performed without the required FID cardholders. In Bureau of Licensing and Enforcement (BLE) case # 419-040-5016, the result of a 6/25/19 inspection, an Administrative Complaint was issued with a $4,000 fine against JB109040 for not having a FID during the start of aeration. A Final Order was issued November 19, 2019 and the fine was subsequently paid in full. In BLE case # 420-010-3125, based on a January 1, 2020 inspection, an Administrative Complaint with $4,000 fine was issued against JB109040 for not having a FID on site for the introduction of fumigant. The fine was paid in May 2020 following an Informal Hearing, which sustained the fine. PENALTY Wherefore, Petitioner takes action pursuant to Section 482.161, F.S. and Section SE-149(10), F.A.C., against Respondent Total Control Termite and Pest Professionals, Inc., JB109040 by suspending Total’s business license in the Fumigation category for a period of 24 months and imposing an administrative fine in the amount of forty-five thousand dollars ($45,000.00). Wherefore, Petitioner takes action pursuant to Section 482.161, F.S. and Section SE-149(10), F.A.C., against Respondent Nicholas E. Lucas (JF214379), by suspending his pest control operators certificate in the fumigation category for a period of 24 months and imposing an administrative fine in the amount of twenty-nine thousand seven hundred fifty dollars ($29,750.00). Dated this i? of Cable 47 2020. a f ~/ a = i = —ae ia ‘a; Environmental Manager ing and Enforcement 320-201-5024 TC NOTICE OF RIGHTS In accordance with Sections 120.569 and 120.57, F.S., you have the right to request a formal or informal hearing and to be represented by counsel or other qualified representative. To request a hearing, you must complete the enclosed Election of Rights form and file it with the Division of Agricultural Environmental Services within 2] -days of receipt of this complaint. NOTE: If you request a formal hearing, you must also provide a statement of the material facts alleged in this complaint that you dispute. Failure to timely file the Election of Rights form with the Division of Agricultural Environmental Services within 21-ays of receipt of this complaint shall be considered a waiver of your right to a hearing and may result in the issuance of a Final Order without any further notice that may impose up to the maximum penalties as authorized by law. FURTHER INFORMATION If you wish to discuss this matter, please contact me at 850-617-7880 or gary.stanford@fdacs.gov. CERTIFICATE OF SERVICE [ hereby certify that a copy of this Administrative Complaint has been furnished by UPS Delivery on this 07" day of October, 2020 to: Total Control Termite and Pest Professionals, Inc., Attn: President or Person In Charge, 1450 Global Ct., Suite B, Sarasota, FL 34240. Departme it Division of Agricultural Environmental Services The Conner Building, No. 8 3125 Conner Boulevard Tallahassee, FL 32399-1650

Docket for Case No: 21-000152