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BAKER v. DEPT. OF AGRICULTURE AND CONSUMER

No. 4D05-3922.

937 So.2d 1161 (2006)

Frank C. BAKER, Appellant, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 17, 2006.

Attorney(s) appearing for the Case

Howard J. Hochman of the Law Offices of Howard J. Hochman, Miami, for appellant.

David W. Young, Tallahassee, for appellee.

STONE, J.

We affirm a final disciplinary order issued against Baker by the Department of Agriculture and Consumer Services (Department). Baker, a pest-control technician, is charged with applying a deficient concentration of a pesticide used for the prevention of subterranean termites in violation of sections 482.051(5) and 482.161(1)(e), Florida Statutes, and Florida Administrative Code Rule 5E-14.106(6).

Section 482.051(5) provides that "any pesticide used...

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