State of Florida Department of Agriculture and Consumer Services Adam H. Putnam, Commissioner Corruption, arrogance, or incompetence? State of Florida government Tallahassee, Florida

Mr. Putnam,

Just to follow up on this situation, let me first say that I am very disappointed in how this thing has progressed, and the level of arrogance and disrespect I have endured from your office, as well as those under your  direction.

I guess you feel that you are too important to communicate with some lowly citizen. (A taxpayer, and a voter). That is very disturbing to me.

Keep in mind the foundation of our government. “By the people, for the people...etc..” Maybe you should re-evaluate the way you think, and how you do business.

A citizen makes a valid complaint, and in turn gets harassed with attempts of intimidation, etc. Again, very disturbing. It appears that the “Good ‘ol Boy” system is alive and well here in Florida government.

You obviously do not see the root of the problem here, and the basic principles at the foundation of my initial complaint.

If your investigator simply showed up to do a routine inspection of my business, under the provisions of F.S. Chapter 487, I would have had no problem at all with that and would have welcomed such an inspection as I go to great pains to be compliant and do things right.  No problem there.

However, your inspector showed up here and told me that the reason he was here was to follow up on a complaint against me involving wrong doing on my part and suggesting I was in violation of the requirements of my Pesticide Dealer’s License. This unfounded accusation set off an automatic defensive posture on my part as my very existence in business and the ability to make a living was being threatened, in my mind.

When I asked this inspector for specifics on the alleged violation, he could not give me any. This, again, was very disturbing to me. (My question in my mind, was if you don’t really know what it is you are accusing me of, exactly, then why are you here disrupting my business).

I have a State of Florida Compliance Officer standing in front of me, disrupting my legitimate business activities, and he is unable to tell me exactly what the violation was! REALLY???????  Is this the way your agency does business???? Guilty until proven innocent?????  To date, no one in your organization has been able to tell me exactly what the “violation” was.  Why is that??

The inspector stated that he was here to follow up on an ANONYMOUS INTERNET TIP that I “made recommendation of the off label use of a pesticide” (A very serious accusation, in my mind).

But when I asked this investigator to provide me with the specifics of exactly what recommendation was made by me in violation of said label, he COULD NOT provide me with that information! (Again, REALLY?????) I am being accused of wrongdoing, but nobody can tell me EXACTLY what it was that I did wrong!!

***Then, the inspector tells me that he is not even familiar with the product in question, nor does he even know if it is registered for sale or use in Florida, and has never even read the label!!***

***WELL then, my position is that if the inspector was not familiar with the product and has never even read the label, HOW could he be standing in front of me accusing me of making “off label recommendation” in the use of the product??

(Please, explain that to me).. REALLY. I expect an explanation, and I also expect, in writing a determination of EXACTLY what “recommendation” I made that was in violation of the label of said product. Be specific. Please.

Can you see my point??? I certainly hope so. Because, all of this should have been done at your end PRIOR to the disruption of my business, because, if it had been done, we wouldn’t be having this conversation, or having the situation we are currently having.

I am a one man operation here, and very busy in trying to make a living at my small business. Your inspector took up more than 2.5 hours of my time, and in doing so, prevented me from serving my customers, and took money out of my pocket.  All of this done without any real cause.

I had paying repair jobs to get done, and your inspector prevented me from getting that work done, thus costing me real money, and not serving my customers in a timely and professional manner. Then, when I file a complaint, your inspector makes some outlandish accusation that I made some threat against law enforcement? Really??

That never happened. Your inspector either misunderstood what was said, or he flat out lied to save face. Either way, totally unacceptable.

***My question is that if such a statement was actually made by me, and taken serious, WHY did it take ONE FULL WEEK for law enforcement to show up?? Again, REALLY??????

If I had actually made such a threat, WHY did your inspector not  mmediately call local law enforcement for my immediate arrest? (I can answer that....It’s because it never happened).

It simply doesn’t make sense. None of it.  I suggest you put your own house in order before messing with mine.

Thank you for your time.
Steve ****.

From: Southern Chemical & Equipment, LLC.
Sent: Thursday, December 08, 2011 12:25 PM
To: Adam.Putnam@freshfromflorida.com

Subject: Please provide name and address info for formal written complaints, and legal process service.

Mr. Putnam,

Please provide me with FULL name and exact address information that would be required for legal process service. I intend to take this complaint all the way to the Governor if needed, and also to civil court. I am going very public with this thing in the mean time, so it cannot be swept under the rug. People need to know, and they will.

Thank you.
Steve ****, Owner.
Southern Chemical & Equipment, LLC.

>>>>>>>>>>>>>>>>Here is what I just posted on RipOffReport.com>>>>

Today, an "FDACS" Inspector shows up at my place of business to do an inspection based on a "tip" from an internet chat forum on "LinkedIn" regarding bedbug treatment. The inspector was really a decent guy and I had no problem with him Personally as he was just following orders and doing his job.

The basis of the "complaint" that brought the "investigation" was a "tip" from someone on the internet that I "advised the off label use" of a pesticide in that forum. The product mentioned was Nuvan Prostrips.

Keeping in mind that the powers to be in Tallahassee never bothered to actually read the product label in question, or to print one out and/or attach one to this "complaint".

The inspector told me he was not familiar with this product, and did not even know if it was registered for sale or use in Florida. What?? The compliance inspector does not know this?? I guess his boss and/or the director of this agency doesn't know either.

In summary, nobody bothered to actually do even a preliminary investigation of the facts BEFORE wasting taxpayer dollars in sending out an investigator to harass me and disrupt my business activities.

I am a Licensed Pesticide Dealer in the State of Florida under Florida Statute 487, license # DL4359. This license is required for anyone dealing in RESTRICTED USE PESTCIDES, as listed in F.S.487.

(Nuvan Prostrips is NOT a "Restricted Use" Pesticide under the provisions of F.S. 487), THEREFORE the State of Florida REALLY had no legitimate reason under the law to waste taxpayer dollars on this "complaint" or "tip".

This "investigation" was PURE HARRASSMENT or was due to PURE INCOMPETENCE.

Either way, I'm not letting this go. I am going to file complaints on this act of harassment all the way to the Governoor's office, and into civil court to recover damages. I even see a chance that there may be criminal charges to come here as this was clearly an abuse of authority under the law, because they acted outside the scope of authority they have in the enforcement of my license.

I never instructed anyone to use the product "off label". I was simply having conversation with idiots in a public chat forum, AND, those participants were not even in the United States! One is in the UK, and one is in Canada! Jurisdictional issues? Constitutional issues? When this goes to court, and it will, I am going to have fun with the "right to confront my accuser". Let the games begin.

Freedom of speech and expression is a CONSTITUTIONAL RIGHT here in the United States of America, or so at least I thought!

My "comment" was clearly taken out of context, and only a portion of the original comment was provided as the basis for the complaint, and subsequent investigation. I made this clear.

Furthermore, had anyone taken the time to actually read the product label, they would have seen that the comments I made actually fall within the allowable use of the product according to that label.

I have now suffered damage to my business and reputation due to this harassment and/or incompetence, which must now be recovered.

The "Notice of Inspection" File Number is 111-235-3057, executed on 12/8/2011.

I also made it clear that the comments made on that forum were NOT given as a "recommendation" of the use of the product, and the comment was not made in conjustion with the sale or use of said product. There was no misrepresentation. None.

The "Pesticide Enforcement Work Request" Log number is also 111-235-3057. Originated by S. Cotto Febo on 12/5/2011.

The notes given to me on the "case" by this inspector referenced F.S. 487.031 as the subsection I was allegedly in iolation of.

The specifics of the allegation was in reference to my (joking) definition of a "crawl space" as related to bed bug treatment.

Keeping in mind that the label only specifies the handling, storage, and use of the product in relation to the end user of that product, along with manufacturer info, etc.

THEREFORE, my comment about a "crawlspace" has NOTHING to do with the label, so it could not be a "recommendation" to use a product not in accordance with the label! (Common sense here).

In fact, Nuvan Prostrips CAN be used in the manner I described, AS PER THE LABEL (which nobody bothered to read before engaging in harrassment of me and disrupting my business operation, and reputation).

Now, someone must pay. I just need to determine who that someone is.

The inspector told me that it was the bureau chief that gave the order for the inspection even after the inspector and his supervisor argued against it (for the reasons I mentioned, I would assume).

I'll keep you all posted, and if anyone has had a similar experience with this agency, please post it here as I will need it for my lawsuit against the State of Florida, and/or its agents, individually.