STATE OF FLORIDA . DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, O5- Id Petitioner, Vv. CASE NO.: CD2005-0541 D 2225475 BARRY C. ROGERS, 2501469 Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Department of Agriculture and Consumer Services, Division of Licensing, pursuant to Section 493.6121, Florida Statutes, and states that it is the licensing authority as defined therein, that it has statutory jurisdiction over the Respondent, and alleges: The name and last known address of the Respondent is: Barry C. Rogers 1065 Benedictine Street Palm Bay, Florida 32907 Respondent holds license number D 2225475, effective August 3, 2004, and license number G 2400358, effective April 1, 2004, issued pursuant to Chapter 493, Florida Statutes. As set forth below, an investigation of Respondent by Petitioner has revealed facts that justify action provided for in Section 493.6118(2), Florida Statutes. Count I On or about January 20, 2005, in Brevard County, Florida, Respondent committed fraud, deceit, negligence or misconduct in the practice of regulated activities under Chapter 493, Florida Statutes, in that Respondent was performing the duties of an armed security officer while under the influence of alcohol. Respondent is in violation of Section 493.6118(1)(f), Florida Statutes. Wherefore, Petitioner intends to take disciplinary action against the above referenced licenses pursuant to Section 493.6118(2), Florida Statutes. Ja ap Gene Bryan, Director Division of Licensing Dated this 20" day of May 2005. NOTICE OF RIGHTS In accordance with Sections 120.569 and 120.57, Florida Statutes, you the Respondent may request a formal hearing or informal hearing, or may enter into a stipulation and settlement. In order to request a hearing, you must complete the enclosed Election of Rights form and file it to the Division of Licensing within 21 days of receipt of this complaint. If you request a formal hearing, you must also send a statement of the material facts alleged in this complaint that you dispute. To enter into a stipulation and settlement, sign and return the attached Stipulation and Settlement, which is an agreement to accept the suggested penalty without proceeding to a hearing. Failure to file the Election of Rights form with the Division of Licensing within 21 days of receipt of this administrative complaint shall be considered a waiver of your right to a hearing and shall result in the issuance of a final order without the benefit of a hearing. The final order will notify you of the right to appeal the final order pursuant to Section 120.68, Florida Statutes. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by return receipt mail on this 20" day of May 2005 to Barry C. Rogers, 1065 Benedictine Street, Palm Bay, Florida 32907. Steve Bensko Assistant General Counsel Department of Agriculture and Consumer Services, Division of Licensing Post Office Box 3168 Tallahassee, FL 32315-3168 (850) 245-5506 ACS8

Docket for Case No: 05-002646