Elawyers Elawyers
Washington| Change

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs 911 HOME HELPS, LLC, 21-000190 (2021)

Court: Division of Administrative Hearings, Florida Number: 21-000190 Visitors: 37
Petitioner: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: 911 HOME HELPS, LLC
Judges: JUNE C. MCKINNEY
Agency: Department of Agriculture and Consumer Services
Locations: Cutler Bay, Florida
Filed: Jan. 20, 2021
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 24, 2021.

Latest Update: Dec. 25, 2024
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, v. Agency Clerk #B28493 BLE Case #320-536-6005 RS 911 Home Helps, LLC, JB292674 Respondent. / ADMINISTRATIVE COMPLAINT The Department of Agriculture and Consumer Services (“Department”) conducted an investigation and found the following violations(s): On December 04, 2020, a department inspector visited a property located at 10920 SW 79 CT, Miami, FIL 33156 under the aeration clearance phase of fumigation by Time’s Up Fumigation, subcontracted by 911 Home Helps, LLC, JB292674 with no violations noted. While the department inspector was reviewing the Notice of Fumigation submitted by Time’s Up Fumigation, he observed that the contractor for this fumigation was a company under the name of 911 Home Helps, LLC, JB292674, located at 19831 SW 81 CT, Cutler Bay, FL 33189 owned by Mr. George Campos, JF280015 who is also the Certified Operator in Charge (COIC) who is certified in the categories of Fumigation and General Household Pest Control but not in Termite and other Wood Destroying Organisms Control which was corroborated by the Bureau of Licensing and Enforcement. On December 08, 2020, the department inspector contacted Mr. George Campos, to request copies of the fumigation contract for the structure subcontracted to Time’s Up Fumigation. Mr. Campos emailed the department inspector his affidavit stating that he is the owner and C.P.O.1.C. of 911 Home Helps, LLC and is certified in FUME and G.H.P. along with a copy of the fumigation contract including Consumer Notice Form and Fumigation Preparations form. Section 482.161(] {h), F.S., states: (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 certificateholder, 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: (h) Fraudulent or Agency Clerk #B28493 BLE Case #320-536-6005 RS misleading advertising relative to pest control or advertising in an unauthorized category of pest control. Count 1- 911 Home Helps, LLC, JB292674, is in violation of Section 482.161(1)(h), F.S., for issuing Termite and other Wood Destroying Organisms Fumigation contracts when it is not licensed in the Termite and Other and other Wood Destroying Organisms category of pest control. NOTICE TO CEASE AND DESIST You are hereby notified and directed to cease and desist from any and all pest control operations in the Termite and Other Wood Destroying Organisms category you are engaged in until such time as you are duly licensed under the Florida Structural Pest Control Act, Chapter 482, Florida Statutes, Section 482.071 in the category. Failure to do so may result in further legal action against you by the Department. Wherefore, Petitioner intends to take action pursuant to Section 482.161, Florida Statutes, including, not limited to a notice of noncompliance, probation, administrative fine, suspension or revocation of license. Dated this _/ Zz Zin of December 2020 \ NOTICE OF RIGHTS In accordance with Sections 120.569 and 120.57, Florida Statutes, you have the right to request a formal or informal hearing and to be represented by counsel or other qualified representative. To request a hearing, you must complete the enclosed Election of Rights form and file it with the Division of Agricultural Environmental Services within 21 days of receipt of this complaint. NOTE: If request a formal hearing, you must also provide a statement of the material facts alleged in this complai that you dispute. Alternatively, you may waive your right to a hearing and settle this matter by signing and returning the attached Stipulation and Settlement. Failure to timely file the Election of Rights form with the Division of Agricultural Environment Services within 21 days of receipt of this complaint shall be considered a waiver of your right to a hearing and may result in the issuance of a Final Order without any further notice that may impose up to the maximum penalties as authorized by law. SETTLEMENT OFFER At this time, the Department is willing to settle this matter as follows: 2 Agency Clerk #B28493 BLE Case #320-536-6005 RS (a) An admission of violation of Section 482.161(1)(h), Florida Statutes; and (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 () 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 t settlement and the timely return to the Department of all settlement documents will conclude this matter subject ito final approval by the Commissioner’s 0! FURTHER INFORMATION If you wish to discuss this matter, please contact me at 850-617-7880 or Gary.Stanford@FDACS.gov CERTIFICATE OF SERVICE th ify that a copy of this Administratiye Complaint has been furnished by certified | mail 7 D/ 1-273) 960F, on this oe of December, 2020 to: 911 Home Helps, LLC, JB292674, 19831 SW 81 CT., Cutler Bay, FL 33 culture and Consumer Services Division of Agricultural Environmental Services The Conner Building, No. 8 3125 Conner Boulevard Tallahassee, FL 32399-1650

Docket for Case No: 21-000190
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer