STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES C. MELVIN, )

)

Petitioner, )

)

vs. ) CASE NO. 78-645

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

STATE OF FLORIDA, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above captioned matter, after due notice, at Tampa, Florida, on May 23, 1978, before the undersigned Hearing Officer.

APPEARANCES

For Petitioner: James C. Melvin

1310 West Rambla Street Tampa, Florida 33612

For Respondent: William Park, Esquire

W. T. Edwards Facility

4000 West Buffalo Avenue, Fourth Floor Tampa, Florida 33614

ISSUE PRESENTED

Whether Petitioner should be issued a Pest Control Identification Card pursuant to Chapter 482, Florida Statutes.

Petitioner James C. Melvin appeared at the hearing without counsel. After being advised of his rights under Chapter 120, Florida Statutes, he indicated that he understood such rights and did not desire to be represented by counsel.

FINDINGS OF FACT

1. Petitioner made application for a Pest Control Identification Card through Guardian Termite and Pest Control Company of Tampa, Florida, a certified operator, on February 13, 1978. By letter of March 2, 1978, to that organization, the Respondent's Director, Office of Entomology, advised that the application was denied because of Petitioner's previous noncompliance with Chapter 482, Florida Statutes, and Pest Control Regulations of the then Florida State Board of Health. (Exhibits 7, 8)

   
   

2. Petitioner was employed by several pest control firms in Tampa during the period 1956 to 1962, and 1964 to 1965, during which periods he held a Pest Control Identification Card issued by Respondent. (Testimony of Bargren)

3. On December 12, 1962, Petitioner was found guilty of violating State Board of Health structural pest control rules in the County Judges Court of Hernando County and sentenced to $15.00 costs and a suspended five-day confinement. On June 21, 1967, Petitioner pleaded guilty to a pest control violation in the Criminal Court of Record in and for Hillsborough County, Florida, and was sentenced to pay a fine of $200.00 or be confined in the county jail at hard labor for a period of sixty (60) days. Again, on September 11, 1967, in the Criminal Court of Record in and for Polk County, Florida, Petitioner pleaded guilty to engaging in structural pest control without a license and, on December 8, 1967, was sentenced to pay a fine of $200.00 or be confined in the county jail for a term of ninety days. (Exhibits 1, 4, 5)

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 482.091(2), Florida Statutes, provides that no one shall perform pest control without being of good moral character. Section 482.161 provides that the Department of Health and Rehabilitative Services may stop the issuance of any identification card for conviction in any court within the state of a violation of any provision of Chapter 482 or any rule of the Department.

   
   

5. The convictions of Petitioner for violations of the Pest Control Act and departmental rules are sufficient for Respondent to invoke its discretionary authority to deny the issuance of the requested Pest Control Identification Card.

   
   

6. Although there is no indication that Petitioner has violated the law since 1967, this fact alone is not sufficient to require issuance of the requested identification card. Petitioner presented no evidence to establish that he has been rehabilitated or otherwise will comply with applicable laws governing pest control in the future. Accordingly, it is considered that Respondent was justified in denying the application.

RECOMMENDATION

That the application of James C. Melvin for a Pest Control Identification Card be denied.

DONE and ENTERED this 1st day of June, 1978, in Tallahassee, Florida.

THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

William Park, Esquire

W. T. Edwards Facility 4000 West Buffalo Avenue Fourth Floor

Tampa, Florida 33614

James C. Melvin

1310 West Rambla Street Tampa, Florida 33612

Steven W. Huss, Esquire Central Operations Services Department of HRS

1317 Winewood Boulevard

Tallahassee, Florida 32301

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES

JAMES C. MELVIN,

Petitioner,

vs. CASE NO. 78-645

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA,

Respondent.

/

ADMINISTRATIVE ORDER

A hearing was held in the above styled administrative cause before a Hearing Officer Thomas C. Oldham, Florida Division of Administrative Hearings, on May 23, 1978, upon the Petition of James C. Melvin which contested the denial of his application for a pest control identification cared through Guardian Termite and Pest Control Company of Tampa, Florida. Present at the hearing were the Petitioner, James C. Melvin and William M. Park, Attorney for the Department of Health and Rehabilitative Services, District VI. The Department of Health and Rehabilitative Services has reviewed the recommended order by Thomas C. Oldham, Hearing Officer, and adopts said order as follows:

APPEARANCES

For the Petitioner: James C. Melvin

1310 West Rambla Street Tampa, Florida 33612

For the Respondent: William Park, Esquire

W.T. Edwards Facility

400 West Buffalo Avenue Fourth Floor

Tampa, Florida 33614 ISSUE PRESENTED

Whether Petitioner should be issued a Pest Control Identification Card pursuant to Chapter 482, Florida Statutes.

Petitioner James C. Melvin appeared at the hearing without counsel. After being advised of his rights under Chapter 120, Florida Statutes, he indicated that he understood such rights and did not desire to be represented by counsel.

FINDINGS OF FACT

1. Petitioner made application for a Pest Control identification Card through Guardian Termite and Pest Control of Tampa, Florida, a certified operator, on February 13, 1978. By letter of March 2, 1978, to that organization, the Respondent's Director, Office of Entomology, advised that the application was denied because of Petitioner's previous noncompliance with Chapter 482, Florida Statutes, and Pest Control Regulations of the then Florida State Board of Health. (Exhibits 7,8)

   
   

2. Petitioner was employed by several pest control firms in Tampa during the period 1956 to 1962, and 1964 to 1965, during which periods he held a Pest Control Identification Card issued by Respondent, according to the testimony of Witness William Bargren.

   
   

3. On December 12, 1962, Petitioner was found guilty of violating State Board of Health structural pest control rules in the County Judges Court of Hernando County and sentenced to $15.00 costs and a suspended five-day confinement. On June 21, 1967, Petitioner pleaded guilty to a pest control violation in the Criminal Court of Record in and for Hillsborough County, Florida, and was sentenced to pay a fine of $200.00 or be confined in the county jail at hard labor for a period of sixty (60) days. Again, on September 11, 1967, in the Criminal Court of Record in and for Polk County, Florida, Petitioner pleaded guilty to engaging in structural pest control without a license and, on December 8, 1967, was sentenced to pay a fine of $200.00 or be confined in the county jail for a term of ninety days. (Exhibits 1,4, 5)

CONCLUSIONS OF LAW

1. Section 482.091(2), Florida Statutes, provides that no one shall perform pest control without being of good moral character. Section 482.161 provides that the Department of Health and Rehabilitative Services may stop the issuance of any identification cards for conviction in any court within the state of a violation of any provision of Chapter 482 or any rule of the Department.

   
   

2. The convictions of Petitioner for violations of the Pest Control Act and departmental rules are sufficient for Respondent to invoke its discretionary authority to deny the issuance of the requested Pest Control Identification Card.

3. Although there is no indication that Petitioner has violated the law since 1967, this fact alone is not sufficient to require issuance of the requested identification cared. Petitioner presented no evidence to establish that he has been rehabilitated or otherwise will comply with applicable laws governing pest control in the future. Accordingly, it is considered that Respondent was justified in denying the application.

RECOMMENDATION

THEREFORE, the recommendation of the Hearing Officer is hereby accepted and it is ordered by the Department that the application of James C. Melvin have a pest control identification card be and is hereby denied.

Done and ordered this 12th day of July, 1978, in Tallahassee, Florida.

WILLIAM J. PAGE, JR., Secretary

Department of Health and Rehabilitative Services

1323 Winewood Boulevard

Tallahassee, Florida 32304

Copies furnished:

William Park, Esquire

W.T. Edwards Facility

400 West Buffalo Avenue Fourth Floor

Tampa, Florida 33614

James C. Melvin

1310 West Rambla Street Tampa, Florida 33612

Steven W. Huss, Esquire Central Operations Services Department of H.R.S.

1317 Winewood Boulevard

Tallahassee, Florida 32301

Thomas C. Oldham Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301

Docket for Case No: 78-000645

Orders for Case No: 78-000645