Jul 11 2008 12:25 JUL-11-2868 12:55 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.@3 Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol « Tallahassee, FL 32399-0800 www.doacs.state.fl.us Please Respond to: Division of Standards 3125 Comer Bivd,, Suite B Tallahassee, FL 32399-1650 Telephone: (850) 487-3600 Fax: (850) 922-8971 April 24, 2007 VIA CERTIFIED MAIL #7160 3901 9849 3443 4975 RETURN RECEIPT REQUESTED Mr. Franklin H. Woodford, I d/b/a Bay Gas Installation and Service P.O. Box 1363 Lynn Haven, FL 32444 RE: ADMINISTRATIVE COMPLAINT AND SETTLEMENT AGREEMENT A. C, #447790 INVESTIGATION RESULTS The Department of Agriculture and Consumer Services (hereafter “Department”) conducted an investigation into the February 20, 2007 LP gas activities of Mr. Franklin H. Woodford, III d/b/a Bay Gas Installation and Service (hereafter “Respondent”), P.O. Box 1363, Lynn Haven, Florida, at La Fiesta IL, 1010 West 15" Street, Panama City, Florida. The Department found that Respondent committed the following violations: Violation #1: Conducting liquefied petroleum gas activities without a liquefied petroleum gas license, a violation of Section 527.02, Florida Statutes. Violation #2: Failure to properly plug or cap all container openings after disconnecting, dismantling, or moving a system in violation of Section 5F-11.047(1), Florida Administrative Code. The Department’s investigation revealed Respondent disconnected an Amerigas propane system at La Fiesta Il, 1010 West 15" Street, Panama City, Florida, on February 20, 2007, without an “Tnstaller A” LP Gas license that is required for the type LP gas work Respondent performed. Further, Respondent failed to plug or cap all container openings after disconnecting, dismantling, or moving an LP gas system. SETTLEMENT At this time, the Department is willing to settle this matter as follows: (a) Respondent shall refrain from any further violations of the requirements of Chapter 527, Florida Statutes; and (b) Respondent will make a payment of $900 ($400 for Violation #1; 3500 for Violation #2) in the form ofa check or money order payable to the “Department of Agriculture and Consumer Services”; and ; 3S: Florida Agriculture and Forest Products hog Rly: . pe TT . J os Jul 11 2008 12:25 JUL-11-2868 12:55 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.a4 (c) Respondent will sign, date and complete the Settlement Agreement where indicated; and (d) Respondent will return the above payinent and Settlement Agreement, and any other documents required to be submitted in the enclosed envelope within sufficient time so that the Departnent receives them within 21 days of your receipt of this letter, and () Respondent acknowledges and agrees that this Settlement Agreement is subject to the final review and approval of the Florida Commissioner of Agriculture or his designee; and (f) Respondent further acknowledges and agrees that if it fails to comply with the terms of this Settlement Agreement, the Department may enter a Final Order imposing the maximum penalties authorized by Florida Jaw, and may seek additional remedies in court. If this settlement is acceptable, please indicate your acceptance by signing the attached Settlement Agreement and return 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-exainine witnesses, and to have subpoena and subpoena duces fecum issued on your behalf ifa hearing is requested. Your request for hearing must contain your name and address for purposes of service, a statement requesting either a hearing volving 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 withdrawn and you may receive a more severe penalty. DEADLINE RE Tr HE G Your request for a hearing must be received within twenty-one (21) days of receipt of this letter. FE TOS: EO) ‘TAN 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. EURTHER INFORMATION If you wish to discuss this matter, please contact me at (850) 487-3600. Sincerely, CHARLES H. BRONSON col SIONER OF AGRICULTURE fr Nee Williams Investigator Supervisor Attachments: Return Envelope Settlement Agreement Notice of Rights/Hearing Request Form Jul 11 2008 12:26 JUL-11-2888 12:56 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.@5 Florida Department of Agriculture and ‘Mater check payable to and remit form to: Consumer Services FL Deparment of Agriculure and Consumer Services P.O, Box 6720 Tallehessee, FL 32314-6720 SETTLEMENT AGREEMENT April 24, 2007 Mr, Franklin H. Woodford, II d/b/a Bay Gas Installation and Service P.O. Box 1363 Lynn Haven, FL 32444 Administrative Complaint No. 447790 Thereby agree to settle the violation(s) stated in the Administrative Complaint and Settlement Agreement dated April 24, 2007_, as follows (check one): L agree to pay the fine amount of $.900_., and comply with all laws governing Liquefied Petroleum Gas in the State of Florida. [agree to pay the fine amount of $.900_., and immediately cease conducting Liquefied Petroleum Gas activities in the State of Florida, . I further agree that if] 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 ATIACH ALL ITEMS REQUIRED FOR SETTLEMENT _. Org. Code: — 42-03-05-01-000 ce: Division of Standards EQ: A-2 Object Code: 012052 Jul 11 2008 12:26 JUL-11-2888 12:56 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.@6 Administrative Complaint No: A 4) 740 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 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 ff you do not dispute or wish to contest the facts in the administrative complaint, but wish to object to the agency action, ie. 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. : FO. HE. 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. Ai a.formal hearing, you will have the opportunity to be represented by counsel, to present evidence and argument on ail 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. TO REQUEST A HEARING, COMPLETE THE FORM ON THE REVERSE SIDE AND RETURN TO: Art Williams, Investigator Supervisor . Division of Standards Department of Agriculture & Consumer Services 3125 Conner:Boulevard, Suite E Tallahassee, Florida 32399-1650 Telephone: (850) 487-3600 Jul 11 2008 12:26 858 245 1001 P.ar Administrati Somplaint No: i JUL-11-2888 12:56 DEPT OF AGRICULTURE LEGAL HEARING REQUEST FORM Please check whether you watt an informal or formal hearing and complete all items below. {3 INFORMAL HEARING REQUESTED. For your informal hearing, please check: | wish to appear in person and submit documents at or before the hearing. U1 [] I wish to participate by telephone conference and submit documents priot 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] [] 2ORMAL HEARING REQUESTED. Please type or print the information Tequested. ‘Name: Telephone: Address: Business Name: ‘Telephone: __ Business Address: : Name of Legal Counsel or Representative: Address: Telephone: Flease state how your substantial interests will be affected by the Department's determination. Please state when and how you received your natice 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 whet action you propose to have the Departmant take with respect to the Department's proposed action, FOR A FORMAL HEARING- List all digputed isswes of material facts and ifnone so indicate. Signature. for Individual - Date: Signature for Corporation and Title (ic, President, VP, Sec, Treas.) Date: RETURN THIS FORM TO: Art Williams, Investigator Supervisor Division of Standards Department of Agriculture & Consamer Services . 3125 Conner Boulevard, Suite E Tallahassee, FL 32399-1650 Telephone: (850) 487-3600

Docket for Case No: 08-003350