Tue Conner Buitpine, No. 8 3125 CONNER BOULEVARD TALLAHASSEE, FLORIDA 32399-1650 Division OF AGRICULTURAL ENVIRONMENTAL SERVICES BUREAU OF LICENSING AND ENFORCEMENT (850) 617-7997 (850) 617-7850 (850) 617-7967 Fax FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER NICOLE “Nikki” Friep DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, v. Agency Clerk # B25081 BLE Case 320-193-6022 JH Diligent Services Inc (JB228623), Respondent / ADMINISTRATIVE COMPLAINT The Department of Agriculture and Consumer Services (“Department”) conducted an investigation and found the following violations(s): Inspector Zuclich documented a website maintained by Diligent Services, Inc. (JB228623) that advertised for pest control services at an unlicensed office location (2222 Ponce De Leon Blvd., Miami, FL 33134) on May 11th, 2020. Inspector Zuclich contacted Mr. Hugo Carbajal (JF247520) who confirmed an interview for June 18th, 2020. On June 15th, Inspector Zuclich received a call from a representative of the firm, Mr. Howard Hochman, who stated that he didn’t think an interview was necessary since he believed the firm had not committed any violations. The same day, Inspector Zuclich received an email from Mr. Carbajal that explained that he had hired a developer to create a website, which had unintentionally included advertising for pest control services. He further explained that the advertising was removed and no actual pest control services had been performed. Section 482.071 Florida Statutes (1) The department may issue licenses to qualified businesses to engage in the business of pest control in this state. It is unlawful for any person to operate a pest control business that is not licensed by the department. (3)A licensee shall display its current license at each of its business locations. Each business location of a licensee must be licensed. Section 482.161 Florida Statutes (F.S.), (1) The department may issue a written warning to or impose a fine against, or deny the application for licensure or licensure renewal of, a licensee, certified operator, limited certificate holder, identification cardholder, or special identification cardholder or any other person, or may suspend, revoke, or deny the issuance or renewal of any license, certificate, limited certificate, identification card, or special identification card that is within the scope of this chapter, in accordance with chapter 120, upon any of the following grounds: (b) Payment of an Administrative Fine in the form of a check or money order made payable to the “Department of Agriculture and Consumer Services” in the amount of ONE THOUSAND DOLLARS ($1,000.00) to resolve this matter; and (c) Your signature affixed on the attached Settlement Agreement; and (d) 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 this letter below under 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. FURTHER INFORMATION If you wish to discuss this matter, please contact me at 850-617-7880. CERTIFICATE OF SERVICE I hereby certify that a Ke of this Administrative Complaint has been furnished by certified mail #"10| | lb 1 O00 LIS] Ag on this _-7~day of July, 2020 to Diligent Services Inc 3500 NW Boca Raton Blvd #714 Boca Raton FL, 33431 ry Gary M. Stanford/Cavironmental Manager Bureau of Licensing and Enforcement Department of Agriculture and Consumer Services Division of Agricultural Environmental Services The Conner Building, No. 8 3125 Conner Boulevard Tallahassee, FL 32399-1650 Division OF AGRICULTURAL ENVIRONMENTAL SERVICES Bureau OF LICENSING AND ENFORCEMENT (850) 617-7997 (850) 617-7850 De RES (850) 617-7967 Fax vee FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER NICOLE “Nikki” FrieD Tue Conner Buiipinc, No. 8 3125 CONNER BOULEVARD TALLAHASSEE, FLORIDA 32399-1650 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, v. Agency Clerk No. B25081 BLE Case No. 320-193-6022 JH Diligent Services Inc (JB228623), Respondent. / STIPULATION AND SETTLEMENT The Department of Agriculture and Consumer Services, Division of Agricultural Environmental Services, and Respondent, Diligent Services Inc, do hereby stipulate and agree to settle this proceeding as follows: 1. The Department has regulatory authority over the parties and this proceeding. 2. Each party shall be responsible for its own costs and attorneys’ fees. na Respondent will abide by the conditions imposed by this stipulation and settlement. 4. The parties hereby waive all rights to appeal and further review of this Stipulation and Settlement and these proceedings. 5. Upon the filing with the Agency Clerk, this Stipulation and Settlement shall become the final agency action in this proceeding. 6. Diligent Services Inc understands that it is being charged and is admitting to the violations alleged in the Administrative Complaint. The Respondent was charged with advertising services at an unlicensed location, which is a violation of Sections 482.071(3) and 482.161(1), Florida Statutes. I Diligent Services Inc agrees to pay the fine amount of $1,000 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. 8. Diligent Services Inc further agrees that if it fails 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. Agency Clerk No. B25081 BLE Case No. 320-193-6022 JH APPROVED BY: Name (please print) Legal Name of Business Signature Date Kelly Friend, Division Director Title Telephone Number FL Department of Agriculture and Consumer Services Date ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT Make Check or Money Order payable ito and remit to: Florida Department of Agriculture and Consumer Services P.O. Box 6700 Tallahassee, FL 32314-6700 Florida Department of Agriculture and Consumer Services ELECTION OF RIGHTS We ADMINISTRATIVE COMPLAINT NICOLE "NIKKI" FRIED Case No._320-229-6017 JH COMMISSIONER Sp This form must be received by the Division of Agricultural Environmental Services __ office in Tallahassee _ Florida, within 21 days of receipt of the Administrative Complaint. Failure to do so shall be deemed a waiver of your right to an administrative hearing. Select one of the following options and sign below: Stipulation { have read and understand the enclosed Stipulation and Settlement. By signing the agreement | choose not to litigate the issues or facts alleged, hereby waive my right to a hearing under Sections 120.569 and 120.57, Florida Statutes, and will abide by the conditions imposed. =) Informal Hearing Ido not dispute the facts upon which the agency action is based. | wish to make an explanation of those facts by speaking on my behalf at an informal hearing. The informal hearing will be conducted before a hearing officer of the Department of Agriculture and Consumer Services in accordance with Sections 120.569 and 120.57(2), Florida Statutes, and applicable portions of Chapter 28-106, Florida Administrative Code. Informal Hearing by Written Statement Fdo not dispute the facts upon which the agency action is based. | wish to make an explanation of those facts by submitting a written statement to a hearing officer and | waive my right to appear in person at an informal hearing. The informal hearing will be conducted before a hearing officer of the Department of Agriculture and Consumer Services in accordance with Sections 120.569 and 120.57(2), Florida Statutes, and applicable portions of Chapter 28-106, Florida Administrative Code. Formal Hearing dispute the facts upon which the agency action is based. I have attached to this form a petition or written statement of the disputed issues of material fact and hereby request a formal hearing to be conducted pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and applicable portions of Chapter 28-106, Florida Administrative Code. | realize that failure to state the disputed issues of material fact may result in the denial of my request for a formal hearing. The formal hearing will be held before an Administrative Law Judge of the Division of Administrative Hearings where | may present evidence and argument on the issues. | have read and understand the Election of Rights form and understand that | have the right to be represented by counsel or qualified representative at either an informal or formal hearing. Mediation, pursuant to Section 120.573, Florida Statutes, is not available as an alternative remedy. Respondent's Signature Attormey’s Signature if represented Typeorprintyourname ~—~—~C~—“—COC“‘C‘C:*W Type or print attorney's name Respondents mailingaddress Attorney's mailing address Respondent's city,staleandzp # Attorney’s city, state and zip Respondent's telephone number and email address Attorney's telephone number and email address Upon completion of this form, return it to: Florida Department of Agriculture and Consumer Services Division of Agricultural Environmental 3125 Conner Bivd., Bidg. 8, Rm. 811 Tallahassee » Florida _32399-1650 Note: In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in a hearing should contact the Division no later than seven (7) days prior to the hearing at which such special accommodation is required. The Division may be contacted at (85)617-7880 ; _ . : ___. Hearing and voice impaired persons may call the Florida Relay Service at (800) 955-8771 (TDD) to reach (850) 245-5491. FDACS-16011 Rev. 11/15

Docket for Case No: 20-003512