STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, Vv. Agency Clerk # B10998 BLE Case # 317-428-6010 MS Sears Pest Control, Inc. A Florida Profit Corporation d/b/a Ship Shape Pest Controi, JB123241, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Agriculture and Consumer Services (“Department”) conducted an investigation and found the following violations(s): On September 19, 2017, the Department received a complaint from the homeowner of 9821 SW 16” Street, Pembroke Pines, FL 33025 regarding a Wood Destroying Organism Inspection Report (FDACS form 13645) issued by Ship Shape Pest Control, JB123241. The complainant alleged Ship Shape Pest Control issued a Wood Destroying Organism Inspection Report (FDACS form 13645) noting evidence of wood destroying organisms without performing a wood destroying organism inspection of the home. On September 20, 2017, inspectors from the Bureau of Inspection and Incident Response met with the complainant at his home. The complainant stated he was in the process of selling his home. The buyer hired Alliance Home inspections to conduct a home inspection that was performed on July 27, 2017. The home inspection report issued by Alliance Home Inspections noted evidence of termites. The complainant stated he then demanded a wood destroying organism inspection report and a report dated August 02, 2017, was sent to his real estate agent by Ship Shape Pest Control. The complainant further stated no one ever did an inspection of his home on August 02, 2017, his wife was home al! day, and she was the only person at the home on August 02, 2017. The complainant stated he and his wife called four other termite companies and were given verbal clearance from Terminix, Orkin, and Truly Nolen, but Hulett Environmental! Services, Inc. (JB253676) did an inspection on August 11, 2017, and issued a clear Wood Destroying Organism Inspection Report (FDACS form 13645). The compiainant went on to explain that the Ship Shape Pest Control wood destroying organism inspection report mestioned termite damage to the front fascia, but that he had the front fascia replaced four months prior to the inspection by A&S Roofing. The complainant also pointed out that Ship Shape Pest Control noted on the inspection report that a Notice of Inspection was placed on the water heater, but that he has a tankless water heater and there was not a notice posted. The complainant concluded by statin; prior to the buyer hiring Alliance Home Inspections to perform a home inspection, he hired Adjustin, & Inspection Services to do a home inspection and there were no issues. The complainant stated he anc his wife had not seen any evidence of termites such as droppings, wings, or body parts; the fascia is intact, there has never been any defacing of the fascia, and it was last painted in 2014. The inspectors did not observe any type of wood destroying organism evidence in the fascia boards of the complainant’s home. The complainant submitted copies of both home inspection reports as well as both Wood Destroying Organism Inspection Reports (FDACS form 13645). On October 05, 2017, the inspectors met with Larry Kravitsky (Dispatcher) of Ship Shape Pest Control. Mr. Kravitsky identified himself in an affidavit as the General Manager and Dispatcher of the firm. Mr. Kravitsky went on to state the wood destroying organism inspection of 9821 SW 16" Street, Pembroke Pines, FL 33025 wes performed by Nikolae “Nik” Vasquez (JE186079) who has been an employee of Ship Shape Pest Control for 5-6 years. Mr. Kravitsky went on to state the inspection was performed on August 02, 2017, Mr. Vasquez was trained by Eugene (Agafonov), and the reason he recalled that address was because Mr. Vasquez called him while he was there. Mr. Kravitsky stated Mr. Vasquez spoke to the home inspector who said the inside was clear, but that Mr. Vasquez noticed termite damage on the outside front fascia near the front door. Mr. Kravitsky further stated Wilbur Winters, who is the Certified Operator in Charge, is only there once a month and was not eware of the inspection that day. Mr. Kravitsky went on to explain Mr. Vasquez does not personally fill out the Wood Destroying Inspection Reports (FDACS form 13645) because of his limited English, so Mr. Kravitsky fills them out for him and Mr. Vasquez then signs them. Mr. Kravitsky concluded by stating he is able to communicate with Mr. Vasquez because he speaks a little Spanish. Mr. Kravitsky indicated that A!liance Home Inspections referred the job to Ship Shape Pest Control. Mr. Kravitsky acknowledged Mr. Vasquez did not have a wood destroying organism inspector endorsement on his pest control icentification card. On October 05, 2017, the inspectors also met with Nikolae Vasquez. Mr. Vasquez speaks limited English and provided an affidavit in Spanish that was later translated by the inspector. Mr. Vasquez stated he has worked for Ship Shape Pest Control approximately seven years and when he started with the firm he was trained by Kirk. Mr. Vasquez went on to state his job entails performing pest control and wood destroying organism inspections, but that he had not done any wood destroying organism inspections in months. Mr. Vasquez explained that when he does do wood destroying organism inspections he calls Larry Kravitsky and tells him what was found. Mr. Vasquez stated everything goes through Larry Kravitsky. Mr. Vasquez further elaborated that when he performs a wood destroying organism inspection, he writes everything on a service ticket and Larry Kravitsky writes up the Wood Destroying Organism Inspection Report (FDACS form 13645). Mr. Vasquez stated he does not fill out the Wood Destroying Organism Inspection Report (FDACS form 13645), but he does post a Notice of Inspection on the water heater. Regarding the complaint, Mr. Vasquez stated he did not perform that wood destroying organism inspection and he did not cal! Larry Kravitsky from 9821 SW 16" Street, Pembroke Pines, FL 33025 on August 02, 2017 because he was not there. Mr. Vasquez went on to state he did not sign the Wood Destroying Organism Inspection Report (FDACS form 13645) issued to the complainant for the inspection on August 02, 2017. Mr. V ez explained that is not his signature on the complainant’s Wood Destroying Organis: » Report (FDACS form 13645) and that when he signs a document he uses his complete name. not hi me. Mr. Vasquez concluded by stating he was not doing wood destroying organism inspections at that time because all his time was taken up doing pest control and carpentry/repair. On October 12, 2017, the inspectors retumed to Ship Shape Pest Control and met with the Certified Operator in Charge, Wilbur Winters (JF 1464), and President of Sears Pest Control, Inc, d/b/a Ship Shape Pest Control, Alan Kravitsky. Mr. Winters stated in an affidavit that Ship Shape Pest Control does a lot of wood destroying organism inspection reports and a lot of times they are rushed. Mr. Winters went on to state that to his knowledge, Nikolae Vasquez was late on the day of the inspection, missed the home inspector, only looked around outside, and did not post a Notice of Inspection on the water heater. Mr. Winters further stated per the Alliance home inspection, termite evidence was observed, treatment was recommended, and that Alliance Home Inspections provided pictures of a window they said showed evidence of termites. Mr. Winters then stated he is not ok with the technician writing up service tickets, giving the tickets to Larry Kravitsky to write up the inspection report, and then signing the report. Mr. Winters concluded by stating Larry Kravitsky is the General Manager/Dispatcher and when he has been in the office, technicians call in, Larry Kravitsky writes up the wood destroying organism inspection report while they are on the phone, and, at times, Larry Kravitsky gives them another address for wood destroying organism inspection if they are in the area. Mr. Winters was unsure whether the technician meets the home inspectors every time or if the service tickets are kept. Alan Kravitsky identified himself as the owner of Ship Shape Pest Control. Mr. Kravitsky stated in an affidavit that he was aware that his brother, Larry Kravitsky, transcribes information from service ticket notes onto Wood Destroying Organism Inspection Reports (FDACS form 13645) and then the technician is signing the report. Mr. Kravitsly went on to state that he is aware Mr. Winters is coming to the office to do annual training in December and he is also coming to the office as needed because he recently had surgery. The inspectors issued Mr. Winters a Request for Information on October 12, 2017, requesting i ism Inspection Reports (PDACS form 13645) completed by Mr. Vasquez during ets from which the inspection reports were transcribed, and, if any of those written statement explaining why the documents were unavailable. documents were unavailable, » On October 12, 2017, Larry Kravitsky provided the inspectors with a second affidavit in which he stated he only keers the service tickets from technicians if there is something unusual on the inspection report. Otherwise. he throws the notes/service tickets away. Mr. Winters and Ship Shape Pest Control did not submit the requested information to the Bureau of Inspection and Incident Response. On Deceraber 22, 2017 2 Request for Information was delivered to Ship Shape Pest Control via United States Postal Service Certified Mail No. 7016 0910 0001 6358 4797 requesting all Wood Destroying Organism Inspection Reports, including reports completed on FDACS form 13645 as well as annual re- inspection reports for wood destroying organism contract renewals, for all wood destroying organism inspections performed by Nikalae Vasquez (JE186079) in the last three years, all service tickets and inspector notes used to transcribe wood destroying organism inspection reports in the last three years, and all training records docurn any and all raining provided to Nikolae Vasquez (JE186079) by Ship Shape Pest Control, Wilbur Winters (JF1464), or any other employee of Ship Shape Pest Control including training to obtain troying organism inspector endorsement. Ship Shape was supposed to provide the requestec information within 14 business days and, as of the date of this letter, the Department has yet to receive a response from Ship Shape Pest Control. On December 29, 2017, an inspector from the Bureau of Inspection and Incident Response met with Stephan Generevx (Managing Member) and Jarad Wah! (Home Inspector) of American Alliance LLC d/b/a Alliance Home Inspections. Mr. Genereux identified himself as the owner of Alliance Home Inspections and stated he works with several local pest contro! companies to do wood destroying organism inspections. Mr. Genereux further stated he tries to encourage his customers to hire their own pest control companies to perform wood destroying organism inspections, but often they want him to include a wood destroying organism inspection report, so he refers the information to a pest control company. Mr. Genereux stated most of the time his clients pay the pest contro! company directly for the wood destroying organism inspections, but if the client pays Alliance Home Inspections he forwards the payment to the pest control company. Mr. Genereux went on to state none of his employees have pest contro! identification cards, none of his employees perform wood destroying organism inspections, and they have no preference for doing business with Ship Shape Pest Control over any other company. Mr. Wah! stated he performed the home inspection of the structure located at 9821 SW 16" Street, Pembroke Pines, FL 33025 which is dated July 27, 2017. Mr. Wahl stated he has never seen or met any wood destroying organism inspector from any pest control company while performing a home inspection. Mr. Wahi further stated he did not inform Mr. Vasquez or any other Ship Shape Pest Control employee that he observed termite damage. Mr. Wahl concluded by stating he observed what he believed to be evidence of termites, possibly galleries. in the fascia board and treatment was recommended. On January 10, 201% another inspector from the Bureau of Inspection and Incident Response met with Wilbur Winters (JF 1464) at his home in Lake Worth, FL. Mr. Winters described his duties as Certified Operato: by stating he calls the office every morning to see if he is needed and if there is a problem that arises Larry Kravitsky will call him. Mr. Winters stated he holds training sessions annually with the most recent one in December 2017 and Larry Kravitsky mails him a paycheck. Mr. Winters further stated he does not go into the Ship Shape Pest Control office on a weekly basis and that he generally gets to the office about three times per month depending on issues/problems. Mr. Winters went on to state Nikolas Vasquez was not present at the annual training session he held t > provided Mr. Vasquez with his initial training in June 2011, but couldn’t om or field training. Mr. Winters explained that he is aware Eugene (Agafonov) takes technicians cut for field training during the initial five days. Mr. Winters stated he does not speak Spanish and does not know if Mr. Agafonov speaks Spanish or not. Mr. Winters told the inspector he would have Larry Kravitsky email the photograph from Alliance Home Inspections that shows a window with evidence of termites at the compiainant’s home. On January 11, 2018, the inspector met with Nikolae Vasquez (JE186079) a second time. Mr. Vasquez stated in an affidavit that he has no contact with Wilbur Winters and the dates of June 07-11, 2011 i 1 ined him from 9-Spm every day, he never went out with him to do field Mr. Winters sometimes gave training in the office, but never a whole day. not present at the annual training held by Mr. Winters in December 2017, here would be a training session held, Mr. Vasquez stated it has been about Mr. Vasquez explained he w: because he was nor two years since he h a Mr. 7 Larry Kravitsky in ‘ in the morning, no one is there in the afternoon when he returns, and he leaves his paperwork on ‘lan Kravitsky’ s office. Mr. Vasquez explained he was trained in English and he und le, but it’s not perfect and when he has a problem he prefers to be spoken to in Spanish so he can understand everything. On January 18, 2018, the inspector met with Eugene Aganofov (JE128316). Mr. Aganofov stated he was not Nikolae \/asquez’s trainer, but that he did take him out several times. Mr. Aganofov further stated he is not the + ws more than all the other pest control identification card holders as he is a Certified Op neral Household Pest and Rodent Control and Fumigation pest control categories. Mr. Aganofov v went on to state he sometimes meets Mr. Vasquez or other technicians in the 4 field and he has worked with Mr. Vasquez several times, but he never trained Mr. Vasquez from 9-Spm for five days nor did he go out with Mr. Vasquez for a certain amount of time. Mr. Aganofov stated he is familiar with Wilbur Winters and stated he sees him twice a year and he was only present for the last 45 minutes of the annual training held by Mr. Winters in December 2017 because he was late. Mr. Aganofov concluded by stating he can communicate with Mr. Vasquez because they both learned English. Upon review of this case, the Bureau of Licensing and Enforcement has determined Sears Pest Control, Inc. d/c/a Ship Sha Pest Contrel issued a fraudulent Wood Destroying Organism Inspection — Report for the structure lo of the Bureau of Licensing aad | Baforoemient that Nikolae Vasquez, in fact, did not perform the wood destroying organism inspection in question and Ship Shape Pest Control issued a Wood Destroying Organism Inspection Report (FDACS form 13645) that indicates evidence of drywood termite and wood rot that did not exist. R ‘our different reports produced by four different inspectors employed by four different companies were r wo home inspection reports and two Wood Destroying Organism Inspection Reports (FDACS fo form 1364 5) ting & Inspection Services, Inc. performed a home inspection of the structure Pembroke Pines, FL 33025 on July 18, 2017, and did not note or photograph ure’s eaves, soffits, or fascia. located at 9821 $ any type of dame Jarad Wahi of Alliance Home Inspections performed a second home inspection on July 27, 2017, of the structure located at 9821 SW 16" Street, Pembroke Pines, FL 33025. Mr. Wahl indicated in his report the structure’s eaves anc fascia exhibited evidence of wood rot and termites. ed as August 02, 2017 that indicated evidence of and damage from cal pellets and galleries as well as wood rot in areas of the front fascia. ection 5-Comments and Financial Disclosure of the Wood Destroying ACS form 13645) that they advised drywood termite treatment for $290 Organism Inspection Report ( and also advised repairing the wood rot damage. Organism Inspection \ACS form 13645) that indicated no evidence of wood destroying organisms. Mr. Wint Xravitsky both stated Mr. Vasquez was at 9281 SW 16" Street, Pembroke Pines, FL 33025 y as the Alliance Home Inspections inspector. Mr. Winters stated Mr. Vasquez was running late so he missed the home inspector. Larry Kravitsky stated Mr. Vasquez called him from 9821 SW 16" Sireet, Pembroke Pines, FL 33025 on the day of the inspection and spoke with the home inspector. If Mr. Vasquez really performed the wood destroying organism inspection on August 02, 2017, as the Wood Destroying Grganism Inspection Report (FDACS form 13645) states, he could not have possibly spoken to use his inspection was conducted on July 27, 2017. Additionally, Mr. Vasquez stated he «i ‘m the wood destroying organism inspection in question, Mr. Wahl r. Vasquez or anyone else from Ship Shape Pest Control regarding the Pembroke Pines, FL 33025 nor did he see anyone from Ship Shape Pest 1cting his inspection, and the complainant stated no one from Ship Shape me. Pest Control ever in un Additionally, if there was, in fact, evidence of drywood termites and wood rot present in the front fascia of the structure located at 9821 SW 16" Street, Pembroke Pines, FL 33025, when Mr. Roseberry performed the wood destroying organism inspection on August 11, 2017, he would’ve observed it. Mr. Wahl’s home inspection report for the inspection he performed on July 27, 2017, approximately two weeks prior to Mr. Roseberry’s wood destroying organism inspection, has been reviewed and the photographs included in his report do not show the extent of damage, or really, any discernable evidence of wood destroying organisms ited in the Wood Destroying Organism Inspection Report (FDACS form 13645) issued by Ship S! est Control, Furthermore, the photographs of the eaves, soffits, and fascia in Mr. ‘tion report, which was done on July 18, 2017, approximately nine days prior to Mr. Cohen’s home Wahl’s inspecti approximately three weeks prior to Mr. Roseberry’s inspection do not show damage of any type nor do the photographs obtained by the Bureau of Inspection and Incident Response during its investigation of the complaint. ; nite damage around a window Mr. Winters implied Ship Shape Pest Control nism Inspection Report (FDACS form 13645) on and was allegedly Con‘rol by Alliance Home Inspections was never submitted to the inspectors y does the photograph appear in the Alliance Home Inspections inspection sarding windows noted by Mr. Wahl in his report for the home inspection provided to Ship investigating this co report. In fact, the he performed on : is that resealing to prevent future leaks is recommended. The Buresu of ¢ and Enforcement has further determined Sears pest Control, Inc. d/b/a Ship Shape Pest Contr ) provide the information requested by the Department in the Request for Information date information within 8.2017. Skip Shape Pest Control was supposed to provide the requested 23 of the date of this letter Ship Shape Pest Control has not responded. This complain first two complaints resulted in multi rd complaint of similar circumstances within a period of about a year. The 7-093-6006 and 317-089-6018) were both made in February 2017 and ve Actions. In BLE case# 317-093-6006 the Department received a complaint on February 27, 2017, that a ism Inspection Report (FDACS form 13645) was issued by Ship Shape Pest oncerned Ship Shape Pest Control issued a report for an inspection they did not perform. t's investigation into the complaint uncovered an arrangement between the home inspection cor © was not licensed in pest control, hired to perform a home inspection and Ship Shape Pest C ip Shape Pest Control obtained a pest control identification card with wood destroying inspector perform inspection, and if ‘or endorsement for employees of the home inspection company, a home -stroying organism inspection at the same time he/she performed a home t was sold as a result of the inspection results, Ship Shape Pest Control mpany a percentage of the cost of treatment. The home inspection ey to the home inspector who performed the wood destroying organism inspection. BLE cass: esulied in three Administrative actions. The home inspection company was assessed en / > Pine (Admin. Complaint# B05247) in the amount of $1,000.00 on May 24, 2017, for opera sed pest contro! business by advertising wood destroying organism inspections on its website without the required pest control credentials issued by the Department. The home inspector was assessed an Administrative Fine (Admin. Complaint# B05248) in the amount of $1,000.00 on May 24, 2017, for nerfors licensed pest contro! by conducting wood destroying organism inspections while unlicensed s issuing 2 faulty Wood Destroying Organism Inspection Report (FDACS form oe Pest Contro! was assessed an Administrative Fine (Admin. Complaint# B06057) in the an 0.00 on July 25, 2017, for obtaining pest control identification cards for e Le) individuals that did not meet the definition of employee and were, therefore, ineligible to be identification card holders and failure to provide information requested by the Department. In BLE case# 317-089-6018, the Department received a complaint on February 27, 2017, that a faulty Wood destroying Organism Inspection Report (FDACS form 13645) was issued by Ship Shape Pest Control and the complainant was concerned Ship Shape Pest Control issued a report for an inspection they did not perform. The iz report issued in BLE case# 317-089-6018 was found to indicate evidence of termites that did not exist. The investigation uncovered a similar arrangement between Ship Shape Pest Control and the home inspection company as was discovered in BLE case# 317-093-6006. There were also three Administrative Acti 1ed in BLE case# 317-089-6018. The home inspection company was assessed an Admini \dmin. Complaint# B05882) in the amount of $1,000.00 on July 11, sed pest contro! business by advertising wood destroying organism 1out the required pest control credentials issued by the Department. The wood listed on the Wood Destroying Organism Inspection Report (FDACS form 079), was issued a Warning letter (B05875) on July 11, 2017, for issuing a inspections on its website destroying organism i 13645), Nikolae Vasa faulty Wood Destroy: of the structure, which was 9 interior of the siructur 13645). Additionally, \ termites that did not & During the Informal F ble at the time of his inspection, as well as failure to indicate why the ed on the Wood Destroying Organism Inspection Report (FDACS form z was charged with documenting evidence of and damage from drywood quez requested an Informal Hearing in response to the Warning letter. on October 10, 2017, Mr. Vasquez stated he did not perform the inspection in que omplete the Wood Destroying Organism Inspection Report (FDACS form 13645) and in is similar to the ones made to the inspectors investigating the current complaint. Mr. Vasquez a Ship Shape Pest Control was using his name on wood destroying organism inspection reports for e did not complete. As a result of Mr. Vasquez’s statements during the Informal Hearing, the er was dismissed on October 31, 2017. Ship Shape Pest Control was .dmin. Complaint# B05873) in the amount of $2,000.00 on July 11, ntification cards for individuals that did not meet the definition of igible to be identification card holders and failure to provide information tequested by the Depa Section 482.0910 a), Floric stamites, states: cer must be an emplovee of the licensee and work under the direction licensee's certified operator in charge and shall not be an independent cation cardholder shall operate only out of, and for customers assigned ised business location. An identification cardholder shall not perform any of and without the knowledge of the licensee and the licensee's and shall perform pest control only for the licensee's customers. certified op Section 482.091(2(s}, Florik An identification carénolder shall consult regularly with the licensee's certified operator in charge conceming: 1. The selection of proper and correct chemicals for the particular pest control work to be perform 2. The safe of the particular pesticides applied; and 3. The core ns and formulations of pesticides used for the various types of pest contro! werk perform x Section 482.091(9), Florida Statutes, states: For every employee who performs inspections for wood-destroying organisms pursuant to s, 482.226, the licensee or certified operator in charge must apply for an identification card that identifies that employee as having received the special training specified in this subsection in order to perform inspections pursuant to s. 482.226. The application for such identification card must be accompanied by an affidavit, signed by the prospective identification cardholder and by the licensee or certified operator in charge, which states that the prospective identification cardholder has received training in the detection and control of wood-destroying organisms, including but not ! d to training in: (a) The biology, behavior, and identification of wood-destroying organisms with particular emphasis on ones « nm in this state and the damage caused by such organisms; (b) The inspection s to be used to report the finding; and fed tate, and local laws or ordinances. Section 482.121(2: & (3), Florida Statutes, states: (2) A lic: unless the / not use the certificate of any certified operator to secure or keep a license rtificate is in charge of the pest control activities in the category or € covered by the certificate. (3) If a certificate is used in violation of this section, the department may revoke the license of the pest contro! business or 1 ified operator's certificate, or both such license and certificate. Section 482.161(:) or licensure renewal of, a licensee, certified operator, limited jeation cardholder, or special identification cardholder or any other oke, or deny the issuance or renewal of any license, certificate, cation card, or special identification card that is within the scope of this with chapter 120. upon any of the following grounds: certificateho person, or mez limited cer chapter, in accordanc (e) Knowingly making ‘aise or Traudulent claims with respect to pest control; knowingly misrepre: s of materials or methods used in pest control; or knowingly failing to 4 uitable for the pest control undertaken. epartment, or authorized representative thereof, true information upon s and materials used, work performed, or other information essential to apter. Section 5E-14.142(1), Florida Administrative Code, states: Records: contracts sie s of the licensee pertaining to pest control activities and including licensed business location or at the exact Florida address specified in s license for inspection by department inspectors. Records kept electronicz st be provided to the department upon request. Licensees operating in the category of fumigation saall record this information along with the individual fumigant cylinder identification number utikzed to fumigate a structure. Section SE-14.1421(1) & (2), Florida Administrative Code, states: (1) The licenses shal! maintain written training records for both the initial five (5) day (40 hour) training required in Section 482.091(3), F.S., and the continuing training required in Section 482.091(16), F.S., on all identification cardholders within their employ and make those records available during routine inspection or upon request of the department. Licensees must maintain the training record for at least a two year period. The training required for Section 482.091(3), F.S., must be conducted by a certified operator or a person under the supervision of the certified operator in charge who has been designated in writing as responsible for training. The 40 hour initial training shall be verified by: ification Record of Initial Employee Training, (FDACS-13665, Rev. incorporated by reference and available online at .asp2No=Ref-07322, or (b) A wrizten record of 40 hours of attendance in a training course with a written course syllabus and copies ofall fraining materials used in the course available for department inspection. (a) Com 10/15), vw! hitos://wo (2) The department will accept either of the following as documentation of verifiable training as required uccer Section 482.091(10), FS.: incorporated by reference and available online at wce.2sp?No=Ref-07323; and provided by the licensee or oe trainer, wi the trainiz: (b) Writie tendance for Continuing Education Units (CEUs), (FDACS-13325, {in Rule 5E-9.029, F.A.C., and provided by the trainer, only if the course ¢ topics as required by Section 482.091(10), F.S. and (1), Florida Administrative Code, states: 1s. Minor violations are all violations other than those classified as major lions are violations where: (3) Categary s violations. Mz are holder, permit holder or applicator deliberately makes false or ect to pest control, deliberately misrepresents the effects of materials ontrol, or deliberately fails to use materials or methods suitable for the te holder, permit holder or applicator fails to give the Department or mation in response to a written request within 14 business days regarding ', work performed, or other information essential to the administration practices. () A licensee or certifi 9 Section SE-14.149(9)(a), Florida Administrative Code, states: Suspension will be imposed when: 1. The violation ete in death of humans or domestic animals or pets, or injury requiring 2 serious harm to an ecological system, or contamination of water or soil in or monitoring to protect human health or the environment. rd of the violator shows two or more prior violations for similar the last three (3) years. feate holder, permit holder or applicator has habitual intemperance or s to the extent that it contributes substantially to the occurrence of violations licensure of any kind under Chapter 482, F.S., and the Department at the person that is the holder of the licensure falls into any of the eraph (6)(c) above that would be cause for denying licensure. te holder has been found by the Department to be in violation of cursuant to Section 482.0815(4) or (6), F.S., meets the conditions therein. Count 1- Sears Pest C 482.161(1)(g), Florida Stay >, d/b/a Ship Shape Pest Control, JB123241, is in violation of Section and Sections $E-14.142(1), 5E-14.1421(1) & (2), SE-14.149(3)(), and 5E-14.149(9ays istrative Code, in that the Respondent failed to provide the information requested by th he written Request for Information dated December 18, 2017. Sears Pest Control, JB123241, failed to provide all wood destroying organism DO inspections performed by Nikolae Vasquez (JE186079) in the last Control, Inc. d/b/a (WDO) inspecti three years, all ser nspector notes used to transcribe WDO inspection reports in the last three years, and 2. documenting any and all training provided to Mr. Vasquez by Sears Pest Control, {nc. . d/b/a Shi ip Shape } Pest Contro!, JB123241, is in violation of Section 482.121(2) & (3) s, and 5E-14.149(9)a)(6), Florida Administrative Code, in that the ficate number JF 1464 issued to Wilbur Winters by using the certifics icenss when Mr. Winters was not in charge of the firm’s pest contro e Fl rida Statutes. The pest control identification card hip Shape Pest Control, JB123241, do not regularly ¢ all of the required training from Mr. Winters or work under holders employed consult with Mr. * 10 the direct supervision of Mr. Winters as he is only in the Sears Pest Control, Inc. d/b/a Ship Shape Pest Control, JB12324 |, office once a month and is unaware of the firm’s day to day pest control operations. Count 4- Sears Pest Control, inc. d/b/a Ship Shape Pest Control, JB123241, is in violation of Section 482.091(9), Florid alutes in that the Respondent failed to obtain the wood destroying organism (WDO) endorse ‘o! identification card holder Nikolae Vasquez (JE186079) prior to directing hirs to + roying organism inspections on behalf of the firm. The WDO endorsement was not added to M Vasquez’s pest control identification card until November 07, 2017, and Sears Pest Co hip Shape Pest Control, JB!23241, issued a WDO Inspection Report (FDACS 13645 » performed on August 02, 2017, listing Mr. Vasquez as the technician who performed trot. Ine d/b/a Ship Shape Pest Control, JB123241, is in violation of Section tntes, and Section SE-14.149(3)(1), Florida Administrative Code, in Count 5- Sears Ps: 482.091(2)(2) & ( that the Respond< ers were not working under the direction and supervision of the Respondent’s c: harge, Mr. Wilbur Winters (JF 1464), and the ID cardholders did not consult regularly \ ent’s certified operator in charge concerning: 1. The selection of proper and corre? 2 particular pest contro! work to be performed; 2. The safe and proper use of the partic onlied: and 3. The correct concentrations and formulations of pesticides used for the var'! contro) work performed. . Wherefore, Petiti not limited tor mM aa bP Dated this (7 _ day of Mey 2018 action pursuant to Section 482.161, Florida Statutes, including, but cé, probation, administrative fine, suspension or revocation of license. , ey Lud O L Ye Sarah gz. R. Oglesby, B Burea#/Chief Bureau of Licensing and Enforcement E OF RIGHTS In accords forma! or informa: ions 120.569 and 120.57, Florida Statutes, you have the right to request a to be represented by counsel or other qualified representative. To request < , you must complete the enclosed Election of Rights form and file it with the Division of Agri i ntal Services within 21 days of receipt of this complaint. NOTE: If you also provide a statement of the meterial facts alleged in this complaint request 2 forma’ that you dispute. Alterna’ yo ve your right to s hearing and settle this matter by signing and returning the attached Stipulatic rent. Failure to e the Election of Rights form with the Division of Agricultural Environmental ¢ of this complaint shall be considered a waiver of your right to a hearing a Fina! Order without any further notice that may impose up to the SETTLEMENT OFFER At this time, the Departmen is willing to settle this matter as follows: (a) An admission of violation of Sections 482.091(2)(a),(e), & (9), 482.121(2) & (3), 482.161(1)(c) & (1)(g), Florida Statutes. and Sections SE-14.142(1), SE-14.1421(1) & (2), SE- 14.149(3)(d), (9, (), end (), and SE-14.149(9)(a), Florida Administrative Code; and Control Business License number JB123241, issued to Ship Shape Pest two years and payment of an Administrative Fine in the form of a check 2 able to the “Department of Agriculture and Consumer Services” in TEM THOUSAND DOLLARS ($10,000.00) to resolve this matter; and (b) Suspension of Pe: Control, * or money o7 the amount (c) Your s on the attached Settlement Agreement; and yy the Department of the settlement documents within 21 days of your receipt of If this settlement i» Agreement and retu: the enclosed enve'ox ase indicate vour acceptance by signing this letter below under Settlement ‘ of this letter along with all other documents required for settlement in y-one (22) days of receipt of this letter. Acceptance of this settlement ment of all setilernent documents will conclude this matter subject to final approval by °g office. FURTHER INFORMATION zr, please contact me at 850-617-7880. If you wish to di CERTIFICATE OF SERVICE ypy of this Admi peg rative Complaint has been furnished by USPS Certified 8 on this day of May 2018 to: Sears Pest Control, Inc., A Florida bigs Fast Gant JB123241, Attn: alee Kravitsky, President, 4624 N. Powerline Rd., Pom pens B Depart entef Agriculture and Consumer Services Division of Agricultural Environmental Services The Conner Building, No. 8 3125 Conner Boulevard Tallahassee, FL 32399-1650

Docket for Case No: 18-003391