STATE OF FLORIDA LARRY KRAVITSKY Petitioner, vs. DOAH CASE NOS.: 04-4061, 06-0132 AGENCY CASE NOS.: A33313, 440252 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Respondent. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Petitioner, vs. DOAH CASE NO.: 06-0414 AGENCY CASE NO.: A40253 LARRY KRAVITSKY ; Respondent. / FINAL ORDER THIS CAUSE, arising under the Structural Pest Control Act, Chapter 482, Florida Statutes, came before the Commissioner of Agriculture of the State of Florida for consideration and final agency action after entry of a Recommended Order following a formal hearing by The Honorable Patricia M. Hart, Administrative Law Judge (ALJ). The Commissioner of Agriculture, as head of the Department of Agriculture and Consumer Services (Department) has jurisdiction over the subject matter and the parties thereto. I. BACKGROUND The Recommended Order relates in pertinent part: In a Notice of Intent to Deny Renewal Application for Certified Pest Control Operator Certificate JF 9079 ("Notice") dated September 28, 2004, the Department of Agriculture and Consumer Services ("Department") advised Larry Kravitsky that it intended to deny his application to renew his pest control operator license for 2004. The Notice provided in pertinent part: The Department of Agriculture and Consumer Services ("Department") conducted an investigation and found the following evidence of violation(s): The applicant offered a bribe, on one or more occasions, to a Department inspector to delay sending the results of his investigation, regarding the applicant, to the investigator's superiors. The applicant admitted to a Department inspector that on one or more occasions, while allegedly performing fumigation treatments, he omitted the introduction of the fumigant (Vikane®) into the structure that was to be fumigated and failed or refused to advise the consumer of this. In accordance with Section 482.161(1), Florida Statutes, the renewal application for your certified pest control operator certificate, JF 9079, is DENIED. Mr, Kravitsky timely requested an administrative hearing, and the Department transmitted the matter to the Division of Administrative Hearings for assignment of an administrative law judge. The case was assigned DOAH Case No. 04-4061. In April 13, 2005, the Department filed a Motion to Amend and Supplement Notice of Intent to Deny Renewal Application for Certified Pest Control Operator Certificate JF 9079, to which it attached the proposed Amendment and Supplement to Notice of Intent to Deny Renewal Application for Certified Pest Control Operator Certificate JF 9079 ("Amended Notice I"). The Amended Notice incorporated the original Notice and charged Mr. Kravitsky with: a) having violated Section 482.161(1)(e), Florida Statutes (2004), by making “false or fraudulent claims with respect to pest control," knowingly misrepresenting "the effects of materials or methods used in pest control," or knowingly failing "to use materials suitable for the pest control undertaken" with respect to a fumigation at 279 Southeast 8th Terrace in Deerfield Beach, Florida, on April 20, 2004; b) having violated Section 482.161(1)(e), Florida Statutes (2004), by making a “false or fraudulent claim with respect to pest control" c) having violated Section 482.161(1)(g), Florida Statutes (2004) by "[flailing to give the Department inspector true information" with respect to a fumigation at 16745 Southwest 300th Street in Homestead, Florida, on April 17, 2004; d) having pleaded guilty to the crime of income tax evasion in the United States District Court for the Eastern District of New York on May 14, 2001, with a sentence of four months of home confinement and five years’ probation, which is a ground for denying a license renewal pursuant to Section 482.161(1)(d), Florida Statutes (2004); e) having pleaded guilty on January 11, 2005, in the United States District Court for the Southern District of Florida, to the offense of."'failing to refrain from the violation of the law,'" in a proceeding to revoke his probation, where the underlying offense was "unlawful compensation contrary to Florida Statutes 838.016(1)."" Mr. Kravitsky subsequently applied for renewal of his pest control operator certificate for 2005. In a Notice of Denial of Application for Renewal of Certified Operator Certificate Number JF 9079 ("Notice II") dated December 9, 2005, the Department advised Mr. Kravitsky that it was denying his renewal application. The grounds for denial stated in Notice II were identical to the grounds stated in Amended Notice I. Mr. Kravitsky timely filed a request for an administrative hearing, and the Department transmitted the matter to the Division of Administrative Hearings for assignment of an administrative law judge. The case was assigned DOAH Case No. 06-0132. On or about November 8, 2005, Mr. Kravitsky's employer, Ship Shape Pest Control, applied for a pest control employee identification card for Mr. Kravitsky. In a Notice of Denial of Application for Pest Control Employee- Identification Card for Larry Kravitsky ("Notice HI") dated December 9, 2005, the Department advised Mr. Kravitsky that it was denying Ship Shape’'s application. The grounds for denial stated in Notice III were identical to the grounds stated in Amended Notice I and Notice II. Mr. Kravitsky timely filed a request for an administrative hearing, and the Department transmitted the matter to the Division of Administrative Hearings for assignment of an administrative law judge. The case was assigned DOAH Case No. 06-0414. Upon the Department's motion, an Order was entered on April 21, 2005, consolidating DOAH Case Nos. 04-4061, 06-0132, and 06-0414. Pursuant to notice, and after a number of continuances and abatements, the final hearing was convened:on November 14, 2007, and continued through November 15, 2007. Because the hearing was not completed on November 15, 2007, the hearing was re-scheduled for February 21 and 22, 2008. On Mr. Kravitsky's motions, the continuation of the final hearing was continued several times. The final hearing was ultimately re-scheduled for September 17, 2008, and was concluded on that date. During the final hearing, Mr. Kravitsky presented the testimony of Captain Glenn Kramer, Lieutenant Robin Walk, and Diane Brito. Petitioner's Exhibits A through E, G through L, Q, T, U, BB, and CC were offered and received into 3 evidence; Petitioner's Exhibit F was offered into evidence but rejected and not proffered. Petitioner's Exhibit G is the transcript of the deposition of Eric Reiss taken December 20, 2006. The Department presented the testimony of Lieutenant Robin Walk, Eric Reiss, Michael Page, Mr. Kravitsky, and Kenneth Glassman. Respondent's Exhibits A through K and P were offered and received into evidence, Respondent's Exhibits M and N were offered into evidence but rejected; these exhibits were proffered. Respondent's Exhibit P is the transcript of the deposition of Mr. Kravitsky taken September 11, 2007. At the conclusion of the final hearing, the Department was given leave to renew its request that Respondent's Exhibits M and N be received into evidence. The Department filed its Motion to Reconsider Admission into Evidence of Respondent's Composite Exhibit M and N; the Petitioner subsequently filed its response in opposition to the Department's motion. An order denying the motion to reconsider the evidentiary ruling was entered April 10, 2009. RK K Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Agriculture and Consumer Services enter a final order in DOAH Case No. 04-4061 denying Larry Kravitsky's application for renewal of his pest control operator certificate JF 9079 for 2004; in DOAH Case No. 06-0132 denying Larry Kravitsky's application for renewal of his pest control operator certificate JF 9079 for 2005; and in DOAH Case No. 06- 0414 denying the application of Sears Pest Control d/b/a Ship Shape Pest Control for a pest control employee-identification card for Larry Kravitsky. The three volume transcript of this proceeding was filed on October 14, 2008. The ALJ entered the Recommended Order on July 30, 2009. On August 14, 2009, the time to file written exceptions to the Recommended Order expired. No exceptions were filed. The record consists of all notices, pleadings, motions, intermediate rulings, evidence admitted and matters officially recognized, the transcript of the proceedings, proposed findings and exceptions, stipulations of the parties, and the Recommended Order of the ALJ. The Recommended Order is attached and incorporated herein, as Exhibit 1. I. FINDINGS OF FACT 1. The Commissioner of Agriculture adopts the findings of fact made by the ALJ in her Recommended Order, attached hereto. Il. CONCLUSIONS OF LAW 2. The Commissioner of Agriculture adopts the conclusions of law made by the ALJ in her Recommended Order, attached hereto. Accordingly, it is thereupon ORDERED AND ADJUDGED: A. The Commissioner of Agriculture adopts the recommendations of the ALJ set forth in her Recommended Order, attached hereto. B. In DOAH Case No. 04-4061, Petitioner, LARRY KRAVITSKY’s application for renewal of his pest control operator certificate JF 9079 for 2004 is denied. C. In DOAH Case No. 06-0132, Petitioner, LARRY KRAVITSKY’s application for renewal of his pest control operator certificate JF9079 for 2005 is denied. D. In DOAH Case No. 06-0414, the application of Sears Pest Control d/b/a Ship Shape Pest Control for a pest control employee identification card for Respondent, LARRY KRAVITSKY, is denied. NOTICE OF RIGHT TO APPEAL Any party to these proceedings adversely affected by this Final Order is entitled to seek review of this Final Order pursuant to Section 120.68, Florida Statutes (2004) and Rule 9.110, Florida Rules of Appellate Procedure. Review proceedings must be initiated by filing a petition or notice of appeal with the Agency Clerk, Room 509, Mayo Building, Tallahassee, Florida 32399-0800, and a copy of the same with the appropriate District Court of Appeal within thirty (30) days of the filing of this Final Order with the Agency Clerk. DONE AND ORDERED this yh day x Aeginbwe , 2009. CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE des, Assistant Commissioner ent of Agriculture and Consumer Services th Filed with the Agency Clerk this ' 1 day of 1. pH 20. Agency Clerk Copies to: LARRY KRAVITSKY by certified mail. Return receipt requested.

Docket for Case No: 06-000414

Orders for Case No: 06-000414