a corporation, operating in the . with business offices Jocated in Dade County ~ at 200 Dunad Avenue Opa Locka, Florida 33054, License Number JB6779; GUILLERMO - 3687106 iia -—~ eu oe Hod wll rer we ceers pe dB lei amen mre —— nS hy STATE OF FLORIDA 4x AND CONSUMER SE DEPARTMENT OF AGRICULTURE RVIGE J STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, vs. DACS Docket No: 2000-0099 SOFING & EXTERMINATING CO. State of Florida, SO CAUSLAND, Certified Operator, 2°ems* Number JF4526, and KEVIN VARGAS, Identification Cardholder, License Number ADMINISTRATIVE COMPLAINT ~ Petitioner, STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (hereinafter DEPARTMENT), files this Administrative Complaint VINSON EXTERMINATING & ROOFING Co., 4 corporation, against Respondents, umber JB6779 (hereinafter “VINSON operating in the State of Florida ,License N EXTERMINATING”) GUILLERMO McCAUSLAND, Certified Operator, License Number JF4526 (hereinafter “McCAUSLAND”) and KEVIN VARGAS, Applicator, License Number JE87106, heieinafter «yARGAS”) and states as follows: eet em GENERAL ALLEGATIONS 1. Petitioner, STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE . AND CONSUMER SERVICES, is an agency of the State of Florida with the authority to enforce the provisions of Sections 482.01 1-482.242, Florida Statutes, cited as the "Structural Pest Control Act", Florida Statutes and rules promulgated thereunder. — 2. Respondent, VINSON EXTERMINATING & ROOFING CO., a corporation, AUSLAND, was a certified operator of Vinson Exterminating & Roofing time complained of herein operating in the State of Florida, in Dade County at 200 Dunad Avenue, pa Locka, Florida 33054, under License Number JF4526.. 4. Respondent, KEVIN VARGAS, Identification Cardholder, License Number JE87 106, was employed by VINSON EXTERMINATING during the time complained of herein. 5. definition of a Pest ‘control business as defined by Section 482.071, Florida Statutes. 6. VIN licensed pest control business p Number is JB6779. bi chic ak il 7. "VINSON EXTERMINATING was doing business as a pest control licensee, MeCAUSLAND was the Certified Operator during the time complained of herein. 8. The property in question is a residence in Broward County, located at 806 31° Road, Hollywood, Florida 33021 w which VINSON EXTERMINATING had contracted to fumigate on or about July 10, 2000.. 9. On July 11, 2000, Michael Petrozzino, a field inspector with the Department, traveled to the above-referenced residence and observed a tent on the single family home. The tent had warning signs on the outside and appeared to be tight. 10. The field inspector then reviewed the fumigation notice that VINSON EXTERMINATING sent to the Department. The Fumigation Notice listed Kevin Vargas as the Certified Operator in Charge or SPID. However, the information on the waming sign on the tent listed William McCausland as the Certified Operator. 11. The notice stated the job would be shot at 10:00 a.m. on July 10, 2000; however, the sign on the tent documented that the job was shot at 3:00 p.m. 12. The notice also stated the fumigation period was for twenty- four (24) hours. 13. Since the warning sign documented that the job was shot at 3: 00 p.m., the field inspector calculated the clearance should take place at around 3:00 p.m. on July 11". 14. ‘The field inspector initially , visited the site at 9:15 a.m. and observed the tent in place and the seal unbroken. “Upon I tum to the site at 2:45 p. m he found that the tent had been removed, the windows were open, ‘and ‘that the house was in the state of a passive clearance. The field inspector did not observe the one hour active clearance procedure being performed. 3 . oe ope -45. +The field inspector also noticed that there were no warning signs on the house, nor were there any clearance notices. 16. The field inspector then checked with a neighbor to see if she knew when the tent had been removed. The neighbor said she didn’t but that the tent was still up at 11:00 a.m. when ghe left the house to do some shopping. 17. The field inspector calculated that from 11:00 a.m. to his arrival at 2:45 p.m. that if the tent was removed right after the neighbor went shopping at 11: 00 until the inspector’s arrival at 2:45 that would only be 3 hours and 45 minutes of clearance, and the warning signs should have been posted on all the doors. 18. While the field inspector was in the yard, Mr. and Mrs. Yong and their child arrived. Mr. Yong said he was to meet with the company at 3:00 p.m. The field inspector and Mr. Yong walked around the structure. There were neither warning signs nor clearance notices posted. Mr. Yong did not know if it was safe to enter the house. The field inspector instructed Mr. Yong not to go into the house until he called the company to the scene to clear the structure and post clearance n notices. 19. The field inspector and asked Gary stanford, a field inspector, to bring the interscan device and return to the fumigation site with him. 20. They arrived shortly after 4:00 p.m. and found McCAUSLAND posting clearance notices to the door. McCAUSLAND was asked if he had an interscan and he replied no. He was also asked why he was posting clearance notices with Kevin Vargas’ name on them. Te ences McC. AND said they were duplicate notices that someone had stolen the original clearance notices off the doors. 21. Next the field inspector inquired how the house was cleared if VARGAS did not have the keys to the house. The keys were in Mr. Yong’s possession. McCAUSLAND said that VARGAS went through the window. 22. The field inspector asked if the notice was correct and was informed that it was comect. The notice said the house was cleared at 11:45. Therefore, the clearance was at least three (3) hours short of the label requirements for a minimum of six (6) hours aeration. B. The other property in question is a residence in Dade County, located at 5861 SW. 14" Street, Miami, Florida, owned by Dennis Angel. | 24. VINSON EXTERMINATING failed to execute a contract to fumigate the above-referenced residence with Mr. Angel. 25. The Fumigation Notice provided for the Angel structure stated that the release of the fumigant, Vikane, would be released on May 21, 2001 at 10:00 a.m at the aforementioned residence. . . 26. VARGAS was listed as the Certified Operator in Charge or SPID. 27, OnMay 22, 2001, Eric Reiss and Todd Caudill, Inspectors with the Department, were at the location of the fumigation at 8:10 a.m., 12:15 p.m. and 2:10 p.m. 28. Eric Reiss and Todd Caudill made the following observations at 2:10 p.m. - a. No warning signs were present on any of the doors. b. Thesliding glass doors at the back of the residence were found unlocked. 5 oF on Notice lists the fumigant used as Vikane; however, VARGAS stated he shot Brom-O-Gas. a. No fans were present inside the structure. e. The homeowners were not given a fact sheet for either Vikane or Brom-O- Gas, nor were they given a list of items to be removed (i.e. medicines) for the residence. £ VARGAS didn’t have keys to the structure. = STATEMENTS OF LAW - 29. _ VINSON EXTERMINATING, McCAUSLAND, and VARGAS must comply with all applicable Florida Statutes and Rules promulgated by the Department of Agriculture and Consumer Services. Florida Statutes, Section 482.051, provides: “The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. Prior to proposing the ; adoption of arule, the department shall counsel with members of the pest control industry concerning the proposed rule. The department shall adopt rules for the protection of the health, safety, and welfare of pest control employees and the general public which require:” (1) That all pesticides or economic poisons be used only in accordance with the registered labels and labeling or as directed by the United States Environmental Protection Agency or the department. - Pjorida Statutes, Section 482.152, provides “A certified operator in charge of the pest control activities ofa licensee shall have her or his primary occupation with the licensee and shall be a full time employee of the licensee, and her or his 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: (1) The selection of proper and correct chemicals for the particular pest control work performed. (2) The safe and proper use of the pesticides used. (3). The correct concentration and formulation of pesticides used in all pest control work performed. (4) The training of personnel in the proper and acceptable methods of pest control. (5) The control measures and procedures used. © The notification of the department of any accidental human poisoning or death connected with pest control work performed on ajob she or he is supervising, within 24 hours after she or he has knowledge of the poisoning or death. (Emphasis added) rida Administrative Code Rule 5E-14.106, provides: _Hlorida Administrative Code. 88 pesticides having federal or state label registration clearance a ae 7 y “shall be used. It shall be unlawful to use any registered pesticide in a manner inconsistent with its label and labeling, except as provided by the United States Environmental Protection Agency, The United States Department of Agriculture, or the Department. (Emphasis added) Florida Administrative Code, Rule 5E-14.110, provides: Each licensee, pefore performing general fumigation, shall in advance notify in writing the department inspector having jurisdiction over the location where the fumigation operation is to be performed. Such notices shall be received by the department inspector at least twenty-four (24) hours in advance of the fumigation period. The notice shall state the following: (1) Company name and business location address. 0) Accepted common oF trade name and active ingredients of fumigant to be used. (3) Name of certified operator in charge and/or his designated special fumigation jdentification card holder, together with his day and night telephone numbers. ) (4) Location (address) and type of structure to be fumigated. (5) Date of and, as nearly as possible, the approximate time of release of funigant, and approximate length of fumigation period. Any change(s) in information required in written notices by this regulation shall be reported in writing in advance of the fumigation period. Exceptions: in authentic and verifiable emergencies only, when twenty-four (24) hours advance notice is not possible, advance telephone or telegraph notice shall be given, and such notice immediately followed by written confirmation stating, the required information. (Emphasis added) vtvida Adinseasive Code RaleSESA4HE provides: » Q) Neither the structure nor enclosed space to be fumigated nor any part or parts thereof shall be occupied by persons during the fumigation period. In addition, structures OF enclosed spaces which are physically jointed to or in contact with the structure to be fumigated shall not be occupied by persons during the fumigation period. (See Subsections 5E-14.11G) and (4), FAC) This requirement may be waived in the fumigation of commodities in industrial areas when it is determined upon prior inspection by the certified operator in charge that no danger to human life or health exists. Florida Administrative Code, Rule 5-14.112, provides: qa) Final pre-application of fumigant and evacuation inspection: | jmmediately before the fumigant(s) is to be applied, the certified operator in charge or his designated special fumigation jdentification card holder must make a final, personal inspection of the structure and shall ascertain that: (a) All preparations have been completed. (vb) No unauthorized person is present within the structure or enclosed space to be fumigated ot in any adjacent structures Of spaces that are required by egulations to be vacated because of danger from the fumigation operation. 9 (c) No open fires, flames, pilot lights or oil lamps are burning. (2) Prior to the application of fumigant(s), suitable clearly Jegible warning signs of stiff, weather proof material must be securely and conspicuously posted as follows: al fumigation operations: at or on all doors and (a) Intape and se and at least one (1) warning sign on entrances to the structure or enclosed space, all sides of the structure or enclosed space not having a door or entrance. (b) Intent fumigation operations and also including commodity posted on all doors and entrances to furnigations: at Jeast one (1) warning sign n on the outside d at least one (1) warning sig overs on all sides of the structure, enclosed space OF the structure OF enclosed space an of the tents or sealing ¢ s being fumigated; (c) At all doors and entrances to common carrier: commoditie s or enclosed space fumigated; an (d) Upon all gangplanks, ladders, ier or land to etc. from the dock, p vessel. (3) Warning signs shall conform in design and information set forth as follows. -- , (4) Signs required must be..- the outside of tents or sealing covers shall (5) Such warning signs posted on not be removed ..- 10 by abe oe ee ee lit (6) “specials safety sty precautions, responsibilities (a) When conditions involving abnormal hazards exist, it shall be the responsibility of the person exercising direct and personal supervision of the fumigation operation to take such safety precautions additional to those prescribed by this chapter as are reasonably necessary tO protect the public health and safety. (b) All doors and entrances to the structure being fumigated shall be locked, barred or otherwise gecured against entry until the end of the exposure period, then opened for ventilation and re-locked, barred oF otherwise secured against re-entry until declared to be safe for re-occupancy by the person exercising direct and personal supervision of the fumigation operation as required by Subsections 5-14.1130) and (2). (Emphasis added) Florida Administrative Code, Rule 5R-14.113 2), provides: (2) Declaring structure or enclosed space fumigated safe for entry - The certified operator in charge oF his designated special fumigation identification cardholder shall not permit or allow any .-- person to enter .-- the structure - until he has personal, ly checked with suitable gas-detecting equipment .-- . 4 found the structure to be safe for jwuman entry --- ) Emphasis asis added) 30. “Section 482. 161, “Plorida Statutes, authorizes the Department to impose . . peer. | sae, administrative fines not to exceed $5 5006 00 per violation or taking action to suspend, revoke OF deny the registration } if the business fails to comply with or violates the Act or the business has 1 nest or deceptive means or has done any other intentionally defrauded the public throug! the health, welfare, and safety of the public. act or omission that would affect COUNT 1 FAILURE TO POST WARNING SIGNS (806 31" Road, Hollywood, Florida) paragraphs 1 through 30 above as though each were 31. The Department re-alleges incorporates the same by reference. fully set forth herein and ing jurisdiction over the locati on where the 32. The Department inspector hav observed that there were no warning signs posted on all doors or ed by Chapter 482.051, Florida 1D, and VARGAS failed to ensure fumigation was performed Statutes, and Rule entrances under the tent on building as requir 5E-14.112. VINSON EXTERMINATING, McCAUSLAN ions were complied with jn violation of same. that these provis PROPOSED AGENCY ACTION WHEREFORE, The Respondent’s, VINSON EXTERMINATING, McCAUSLAND culture pursuant to-Florida and VARGAS, are hereby notified that the Commissioner of ‘Agri 482.161, and 482.165 Statutes, Chapter 482, Sections ING, McCAUSLAND and V Order against VINSON EXTERMINAT intends to request and/or enter a Final ARGAS for the following: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent’s licenses. 12 “(C) An administrative fine in an amount not to exceed $5,0 each Respondent. COUNT 2 FAILURE TO POST WARNING SIGNS Florida) (5861 S.W. 14" Street, Miami, 33. The Department re-alleges paragraphs 1 through 30 above as though each were fully set forth herein and incorporates the same by reference. 34. The Department inspector having jurisdiction over the location where the fumigation was performed observed that there were no warning signs posted on any of the doors as required by Chapter 482.051, Florida Statutes, and Rule 5E-14.112. VINSON EXTERMINATING, McCAUSLAND, and VARGAS failed to ensure that these provisions were complied with in violation of same. PROPOSED. AGENCY ACTION WHEREFORE, The Respondent’s, VINSON EXTERMINATING, McCAUSLAND -and VARGAS, are hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chaptet 482, Sections 482.161, and 482.165 intends to request andlor enter a Final Order against VINSON EXTERMINATING, McCAUSLAND and VARGAS for the following: (A) Cease and Desist from any and all pest control activities and/or operations immediately. @) Revocation, Suspension and/or Denial of each of the Respondent’s licenses. 13 (C) Anadministrative fine in an amount not to exceed $5,0 each Respondent. COUNT 3 FAILURE TO ENSURE THAT THE FUMIGANT, VIKANE, WAS USED IN A MANNER CONSISTENT WITH ITS LABELING (306 31* Road, Hollywood, Florida) 35. The Department re-alleges paragraphs 1 through 32 above as though each were fully set forth herein and incorporates the same by reference. 36. VINSON EXTERMINATING and McCAUSLAND failed to ensure that VARGAS was in compliance with the labeling of the fumigant Vikane as he cleared the residence for at least three (3) hours less than the minimum six (6) hour clearance time. This is in violation of 482.161(1)(e) and (f), Florida Statutes, and Rule 5E-14.113, Florida Administrative Code. The label requires a minimum six (6) hour clearance time. PROPOSED AGENCY ACTION WHEREFORE, The Respondent's, VINSON EXTERMINATING, McCAUSLAND, and VARGAS, are hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, Sections 482.161, and 482.165 intends to request and/or enter a Final Order against VINSON EXTERMINATING, McCAUSLAND and VARGAS for the following: (A) Cease and Desist from any and all pest control activities and/or operations , immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent's licenses. 14 er omer (C) An administrative fine in an amount not to exceed $5,000.00 per violation per each Respondent. COUNT 4 FAILURE TO GIVE THE DEPARTMENT ACCURATE INFORMATION (5861 S.W. 14" Street, Miami, Florida) 37. The Department re-alleges paragraphs 1 through 30 and 33 and 34 above as though each were fully set forth herein and incorporates the same by reference. 38. | VINSON EXTERMINATING and McCAUSLAND failed to ensure that accurate information was furnished to the Department. The Fumigation Notice reflected that Vikane was to be used as the fumigant; however, VARGAS stated he used Brom-O-Gas. This is in violation of 482.161(1)(g), Florida Statutes, and Rule 5E-14.110(2), Florida Administrative Code. PROPOSED AGENCY ACTION WHEREFORE, The Respondent’s, VINSON EXTERMINATING, McCAUSLAND, and VARGAS, are hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, Sections 482.161, and 482.165 ihtends to request and/or enter a Final i Order against VINSON EXTERMINATING, McCAUSLAND and VARGAS for the t following: i b- f (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent’s licenses. 15 Ee preere h eer (C) Anadministrative fine in an amount not to exceed $5, 5,000. each Respondent. COUNT 5 FAILURE TO PROVIDE ADEQUATE LOCKS (806 31% Road, Hollywood, Florida) 39. ‘The Department realleges paragraphs 1 through 32 above as though each were fully set forth herein and incorporates the same by reference. 40. | VINSON EXTERMINATING, McCAUSLAND and VARGAS failed to ensure that there were secondary locks on the doors pursuant to the fumigant label. This is in violation of 482.051(1), 482.161(1)(e)and (£), Florida Statutes, and Rule 5E-14.112(1)(a) and SE- 14.106(1), Florida Administrative Code. PROPOSED AGENCY ACTION WHEREFORE, The Respondent’s, VINSON EXTERMINATING, McCAUSLAND, . and VARGAS, are hereby notified that the Commissioner of Agriculture pursuant to Florida _ Statutes, Chapter 482, Sections 482.161, and 482.165 intends to request and/or enter a Final _ Order against VINSON EXTERMINATING, McCAUSLAND and VARGAS for the Si dsisatia deel following: (A) Cease and Desist from any and all pest control activities and/or operations immediately. Oe (B) Revocation, Suspension and/or Denial of each of the Respondent’s licenses. (C) An administrative fine in an amount not to exceed $5. $5,000.00 0.00 pet Violatio ion per ror 16 reo each Respondent. .. COUNT 6 FAILURE TO ENSURE THAT DOORS WERE SECURED (5861 S.W. 14" Street, Miami, Florida) 41. The Department realleges paragraphs 1 through 30 and 33, 34, 37 and 38 above as ' though each were fully set forth herein and incorporates the same by reference. 42. VINSON EXTERMINATING, McCAUSLAND and VARGAS failed to ensure that the rear sliding glass doors were locked. This is in violation of 482.051(1), 482.161(1)(e)and (£), Florida Statutes, and Rule SE-14.1 12(6)(a)(b), Florida Administrative Code. PROPOSED AGENCY ACTION ' WHEREFORE, The Respondent's, VINSON EXTERMINATING, McCAUSLAND, and VARGAS, are hereby notified that the Commissioner of Agriculture pursuant to Florida _ Statutes, Chapter 482, Sections 482.161, and 482.165 intends to request and/or enter a Final ; Order against VINSON EXTERMINATING, McCAUSLAND and VARGAS for the following: (A) Cease and Desist from any and all pest control activities and/or operations — immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent’s licenses. (C) An administrative fine in an amount not to exceed $5,000.00 pers iolatic nt each Respondent. 17° ie L Er E i : COUNT. 7 FAILURE TO PROVIDE A FACT SHEET TO THE HOMEOWNER ~~ (5861 S.W. 14 Street, Miami, Florida) 43. The Department re-alleges paragraphs 1 through 42 above as though each were fully set forth herein and incorporates the same by reference. 44, | VINSON EXTERMINATING, McCAUSLAND and VARGAS failed to provide a Vikane or Brom-O-Gas fact sheet to the homeowner. This is in violation of Chapter 482 and Rule 5E-14.106, Florida Administrative Code, and the requirements of the label of the fumigant. PROPOSED AGENCY ACTION WHEREFORE, The Respondent’s, VINSON EXTERMINATING, McCAUSLAND, and VARGAS, are hereby notified that the Commissioner of Agriculture pursuant to Florida Statutes, Chapter 482, Sections 482.161, and 482.165 intends to request and/or enter a Final _ Order against VINSON EXTERMINATING, McCAUSLAND and VARGAS for the following: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent’s licenses. (C) Anadministrative fine in an amount not to exceed $5,000.00 ie each Respondent. 18 COUNT 8 VIOLATION OF PROBATION | (806 31° Road, Hollywood, Florida) 45. The Department re-alleges paragraphs j through 44 above as though each were fully set forth herein and incorporates the same by reference. 46. McCAUSLAND entered into a Joint Settlement Stipulation for Consent Order and Order of Probation on March 1, 2000 for a period of one (1) year. MecCAUSLAND is in violation of his probation in that he has violated the settlement terms and Chapter 482, Florida Statutes, and rules adopted pursuant to Chapter 482, Florida Statutes, as well as being in violation of the provisions of the Joint Settlement Stipulation. PROPOSED AGENCY ACTION WHEREFORE, The Respondent’s, VINSON EXTERMINATING and McCAUSLAND, are hereby notified that the Commissioner of Agriculture pursuant to Florida _ _ Statutes, Chapter 482, Sections 482.161, and 482.165 intends to request and/or enter a Final Order against McCAUSLAND and for the following: (A) Cease and Desist from any and all pest control activities and/or operations immediately. (B) Revocation, Suspension and/or Denial of each of the Respondent’s licenses. (C) An administrative fine in an amount not to exceed $5, each Respondent. 19 ? rrr eR ETT + Se eR pepe crapper cnt A NOTICE OF REGHHS 31 PN iy ADMINISTRATIVE COMPLAINT. PLEASE REFER TO THE ATTACHED NOTICE OF RIGHTS. YOU HAVE THE RIGHT TO ASK FOR A HEARING IMMEDIATELY AND NOT WAIT 21 DAYS TO REQUEST THE HEARING. Dated this Be. day Of tts — 2002. CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE Luaabs ACK W. CROOKS SENIOR ATTORNEY FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BY: 20 er ETE OR Tr RT re Ree Raa CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this BA day of 2000, a true and correct copy of the foregoing Administrative Complaint has been furnished by U.S. Certified Mail, return receipt requested and/or by service of process to the following: VINSON EXTERMINATING & ROOFING CO., c/o Guillermo McCausland, Registered Agent, 200 Dunad Avenue, Opa Locka, FL 33054; GUILLERMO McCAUSLAND, P. O. Box 893, Opa Locka, Florida 33054 and KEVIN VARGAS, 5020 NW 199" Street, Miami, FL 33055. Jack W. Crooks, Senior Attorney Florida Bar # 155231 Department of Agriculture and Consumer Services Fifth Floor, Mayo Building Tallahassee, Florida 32399-0800 (850) 245-1000 (850) 245-1001 - Fax ATTORNEY FOR PETITIONER FORMET TREE TEE RTE RT SERIE TS PEF PT TOE PRRs Fewer COMPLETE THIS SECTION ON DELIVERY ssed to: inson Exterminating & Roofing Co. c/o Guillermo McCausland, Registered Agent é 200 Dunad Avenue ; Opa Locka, FL 33054 Oren mee TOPTREMRRT T RFE RRR TTT

Docket for Case No: 02-000388