Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol » Tallahassee, Fhebe39 0800 www.doacs.state.fl.us Pe November 1, 2006 prrvery via urs 1 DUBE PL, 2 BL 27 tts Qh TEER cn 1203 Governors Square Boulevard, Suite 300 Tallahassee, Florida 32301-2961 PHILLIP J. LASSITER, JE140879 A : 2 A Fy c ‘@: 850/921-4177 | B: 850/921-4176 1825 14th Avenue, Apt. #12 . www:flaes.org Vero Beach, Florida 32960 RE: ADMINISTRATIVE COMPLAINT AND SETTLEMENT AGREEMENT BEPC CASE NUMBER 06-653 ADMINISTRATIVE COMPLAINT NUMBER A45281 INVESTIGATIVE RESULTS The Department of Agriculture and Consumer Services (“Department”) conducted an investigation and found the following violation(s): On March 29, 2006, the Department's inspectors observed and videotaped a pretreatment application conducted by Phillip J. Lassiter, an employee of Diligent Environmental Services (Diligent) of Boca Raton. Mr. Lassiter did not mix the product on site and he did not wear a respirator as required by the label, Probuild TC. The applicator was observed and videotaped spraying the site with his arm upraised and the wand.extended upwards. They timed the application at 5 minutes. They waited until Mr. Lassiter rewound his hose and then asked him if he was finished and he said yes, They presented their credentials and requested Mr. Lassiter's pest control identification card. He told the inspectors he had been employed at Diligent-since December 2005, but that he did not have an identification card. Mr. Lassiter contacted his office and was advised not to talk to the Department's inspectors or to sign anything. The site measured 2990 square feet. According to the inspector's notes, Mr. Lassiter declined to state how many gallons he applied to the site. Mr. Lassiter said the product used was Probuild TC at .5%. A hose end sample was taken and sent to the Pesticide Laboratory for analysis. The lab reported a concentration of .05%, a tenth of the label's recommended concentration rate. The pump was calibrated, and based on the 5 minute timed application, the estimated output was 100 gallons; approximately a 66% deficiency of the required volume necessary to treat the site. Count 1. Phillip Lassiter’s pretreatment application was deficient in volume and concentration which is a violation of Section SE-14.106 (1) and (6), Florida Administrative Code (F.A.C.). Florida Agriculture and Forest Products $87 Billion for Florida’s Economy PHILLIP J. LASSITER, JE140879 BEPC CASE NUMBER 06-653 PAGE TWO Count 2. Mr. Lassiter failed to mix the termiticide on site as required by the label which is a violation of Section 5E-14.106 (7), F.A.C. Count 3. Mr. Lassiter did not wear the personal protective equipment required by the label, which is a violation of Section 5E-14.106 (1), F.A.C. No fine assessed. SETTLEMENT At this time the Department is willing to settle this matter as follows: i. An admission of violations of Section 5E-14.106 (1), (6), and (7), F.S.; and 2. Payment of an administrative fine in the amount of EIGHT HUNDRED DOLLARS ($800) in the form of a check or money order made payable to the “Department of Agriculture and Consumer Services”; and 3. Your signature affixed on this Settlement Agreement; and - 4. Receipt by the Department of the settlement documents within 21 days of your receipt of this letter. If this settlement is acceptable, please indicate your acceptance by signing the attached Settlement Agreement and returning the original of this letter along with all other documents required for settlement in the enclosed envelope within twenty-one (21) days of receipt of this letter. Acceptance of this settlement and the timely return to the Department of all settlement documents will conclude this matter subject to final approval by the Commissioner’s office. ADMINISTRATIVE HEARING AVAILABLE If you wish to contest the department’s findings, you have the right to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a hearing is requested. Your request for hearing must contain your name and address for purposes of service, a statement requesting either a hearing involving disputed issues of material fact or a hearing not involving disputed issues of material fact, and a reference to this administrative complaint. If you request a hearing, the offer of settlement is 3 withdrawn and you may receive a more severe penalty. DEADLINE TO REQUEST AN ADMINISTRATIVE HEARING Your request for a hearing must be received within twenty-one (21) days of receipt of this letter. PHILLIP J. LASSITER, JE140879 BEPC CASE NUMBER 06-653 PAGE THREE FAILURE TO SETTLE OR REQUEST AN ADMINISTRATIVE HEARING. If you fail to settle or fail to request an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the department may enter a Final Order imposing up to the maximum penalties as authorized by Florida law. FURTHER INFORMATION If you wish to discuss this matter, please contact the Enforcement Section at (850) 921-4177. Sincerely, CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE f Chael J. Page, Chief Bureau of Entomology and Pest Control MJP/ems ce: Inspectors Barron and Higby Attachments: Return Envelope Filed with the Agency Clerk "Make check payable to and remit form to: FL Department of Agriculture and . . Consumer Services Florida Department of Agriculture and Post Office Box ie Consumer Services Tannese as SO SETTLEMENT AGREEMENT . , CHARLES H. BRONSON ca COMMISSIONER “ November 1, 2006 7 PHILLIP J. LASSITER, JE140879 BEPC Case No. 06-653 1825 14th Avenue, Apt. #12 Administrative Complaint No. A45281 Vero Beach, Florida 32960 I hereby agree to settle the violations stated in the Administrative Complaint and Settlement Agreement dated November 1, 2006, as follows (check one): l agree to pay the fine amount of $800_ and comply with all laws governing the Structural Pest Control Act, Chapter 482, Florida Statutes and/or Chapter 5E-14, Florida Administrative Code in the State of Florida. _ _N/A_ Tagree to pay the fine of _N/A_ and immediately cease doing business as a Structural Pest Control licensee in the State of Florida. I further agree that if I fail to comply with the terms of this settlement the Department will enter a Final Order imposing the maximum penalties authorized by Florida law, and may seek additional remedies in court. APPROVED BY: CHARLES H. BRONSON Name (please print) Legal Name of Business COMMISSIONER OF AGRICULTURE Signature Date Title Telephone Number Terry L. Rhodes Assistant Commissioner FL Department of Agriculture and Consumer Services ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT ce: Inspectors Barron and Higby Org. Code: 42130604006 EO: B7 Object Code: 012052 DACS-01272° 12/01. PHILLIP LASSITER, JE140879 : BEPC Case No, 06-653 Administrative Complaint No. A45281 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES ena ee eee oea* NOTICE OF RIGHTS AND HEARING REQUEST FORM (pursuant to Chapter 120, Florida Statutes) You may request a hearing where you do not dispute the facts (Informal Hearing) or a hearing to dispute the facts (Formal Hearing). Your choice must be made within twenty-one (21) days. Failure to comply with the twenty-one (21) day deadline may result in a default being entered against you. Mediation pursuant to Chapter 120, Florida Statutes is not available. INFORMAL HEARING If you do not dispute or wish to contest the facts in the administrative complaint, but wish to object to the agency action, i.e. the application of the law to the facts or the proposed penalty, you should choose this option. An informal hearing is an informal proceeding before the Department whereby you will have the opportunity to be represented by counsel, to present written or oral evidence in opposition to the Department’s proposed action, or to present a written statement challenging the grounds upon which the Department is justifying its actions. You will have the opportunity to discuss settlement at the informal hearing. FORMAL HEARING If you dispute the facts in the administrative complaint you should choose a formal hearing. Formal hearings are like non-jury trials, and are held before an administrative law judge. Ata formal hearing, you will have the opportunity to be represented by counsel, to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of facts and orders, and to file exceptions to the administrative law judge’s recommended order. If you choose a formal hearing, the Division will refer your file to the Department’s legal staff for handling. Please note that the administrative complaint may be amended to increase the violations or the proposed penalty. Your case will then be forwarded to the Division of Administrative Hearings for assignment of an administrative law judge. You will ordinarily be required to appear in person. HEARING SELECTION Please check whether you want an informal or formal hearing, and fill out the information on the Hearing Request form. [] INFORMAL HEARING REQUESTED. For your informal hearing, please check: [ ] _ I wish to appear in person and submit documents at or before the hearing. [ ] I wish to participate by telephone conference and submit documents prior to the hearing date. . [] I wish only to submit a written statement. [NOTE: Any documents not received prior to the hearing will not be considered] [] FORMAL HEARING REQUESTED. HEARING INFORMATION REQUEST PHILLIP LASSITER, JE140879 BEPC File No. 06-653 Administrative Complaint No. 445281 Please type or print the information requested. Name: Telephone. Address: Business Name: Telephone Business Address: Name of Legal Counsel or Representative: Address: Telephone Please state how your substantial interests will be affected by the Department’s determination. Please state when and how you received your notice of the Department’s administrative complaint or decision. Give a concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the Department’s proposed action. Give a statement of the specific rules or statutes you contend requires reversal or modification of the Department’s proposed actions. Please describe briefly the relief you are seeking and what action you propose to have the Department take with respect to the Department’s proposed action. FOR A FORMAL HEARING— List all disputed issues of material facts and if none so indicate. Signature for Individual Date Signature for Corporation and Title (Le., President, VP, Sec, Treas,) Date RETURN ADDRESS: Florida Department of Agriculture and Consumer Services Agency Clerk : Post Office Box 6710 Tallahassee, FL 32314-6710

Docket for Case No: 07-003488PL