TALLAHASSEE - Florida Agriculture and Consumer Services Commissioner Charles Bronson is taking legal action against a Birmingham, Ala-based business that has been providing unlicensed and improper pest control in health care facilities serving the elderly in northern Florida.
Bronson’s Division of Agricultural Environmental Services, which licenses and regulates pest control operations in Florida, has ordered Bio-Tech Management and its president, Steven Murray to halt all pest control operations in Florida, is seeking a $30,000 fine for violations of the state’s pest control law and has denied the company’s application for a Pest Control Business License.
An investigation by Bronson’s AES Division after the application was filed found that over the past two years, Bio-Tech Management has been operating across the North Florida area without being licensed by the department as required by law. The employees who performed the pest control service also did not have the required licenses. The company specializes in providing pest control services in health care operations such as nursing homes and assisted living facilities.
Initial indications are that pesticides registered for outside use only were applied inside various health care facilities, including patient’s rooms. One of the pesticides is considered a Restricted Use Pesticide, meaning it has a greater potential for causing harm to persons or the environment.
Several other states, including Georgia, South Carolina, North Carolina, Alabama and Tennessee also have been investigating allegations of improper pesticide use by Bio-Tech Management.
Commissioner Bronson cautions the public and particularly any health care facilities in Florida currently doing business with Bio-Tech Management to be aware that the company is not state licensed and may be improperly applying pesticides.
Bio-Tech Management has 21 days from receipt of the notification to request an administrative hearing to contest the department’s findings or to sign the Settlement Agreement.
“We will aggressively pursue the action here against this business which appears to put profits ahead of safety,” Bronson said. “Unfortunately, this case points out a weakness in Florida law. Had this business been based in Florida, even if it was properly licensed, we would likely not have been able to take action against the business, only the employees actually applying the pesticide.”
The law as currently written prevents administrative action against companies that do not ensure that employees perform pest control in a manner that is safe and provides consumer protection. The department must have clear and convincing evidence the company knew about or directed an employee to commit a violation. This has resulted in the department being unable to charge companies that have taken dangerous shortcuts or diluted pest control solutions in order to enhance their profits. The department has been working with lawmakers to address the issues. After proposed legislation to make businesses more accountable for employees did not make it through the 2008 legislative session, the Senate Agriculture Committee requested a study of Florida’s pest control regulations. The study’s findings will be discussed at legislative hearings in October.
Under the existing law, consumers are also unable to determine which companies have been problematic because only the name of the employee who violated the law is published in the list of disciplinary actions that is released quarterly. Bronson says the existing law creates not only safety concerns, but also gives businesses that are cutting corners an unfair advantage over those that follow the rules..
For more information about pest control regulations, log onto the Department’s website at http://www.doacs.state.fl.us and choose the Division of Agricultural Environmental Services under the Select a Division link.