FDACS Office of Agricultural Law Enforcement Investigation Results in Arrest of Individual Conducting Fraudulent Pest Control Activity / 2021 Press Releases / Press Releases / News & Events / Home - Florida Department of Agriculture & Consumer Ser...

Tallahassee, Fla. — In August, law enforcement investigators with the Florida Department of Agriculture and Consumer Services (FDACS) Office of Agricultural Law Enforcement (OALE) initiated an investigation into an alleged scheme to defraud Florida consumers involving Kenneth Wayne Smith that was referred by the FDACS Division of Agricultural Environmental Services (AES).

Acting on information obtained during the investigation, OALE investigators obtained two separate arrest warrants for Kenneth Wayne Smith from the Fifth Judicial Circuit Court for a total of two felony and seven misdemeanor charges. On December 8, 2021, the Lake County Sheriff’s Office arrested Smith on the first outstanding warrant, and he was booked into the Lake County Jail on one felony and two misdemeanor charges with bond set at $7,000. On December 21, 2021, the Ocala Police Department arrested Smith on the second outstanding warrant, and he was booked into the Marion County Jail on one felony and five misdemeanor charges with bond set at $9,000.

“Thanks to the vigilance of our Agricultural Environmental Services and Agricultural Law Enforcement teams, this scheme was brought to light and this fraudster has been arrested. It should serve as a warning to others attempting to target Florida consumers with fraudulent schemes that we take these crimes seriously and there will be consequences for such illegal activity,” Commissioner Nikki Fried said. “Before hiring a pest control operator or any other service provider, we encourage consumers to research the entity for reported complaints or violations. Know we are here to enforce the law and protect Floridians from fraud and pest control violations, and you can immediately report any concerns to our Department as the state’s lead consumer protection agency.”

Timeline and background information:

On August 16, 2021, law enforcement investigators with FDACS OALE initiated an investigation into an alleged scheme to defraud Florida consumers that was referred by FDACS AES.

Results: The investigation revealed that Kenneth Wayne Smith entered into agreements with consumers for landscaping and pest control services and received advance payments from several residents of The Villages community and several Sumter County residents. Smith then frequently failed to perform the services at all or at the contractually required frequency. When Smith’s clients called to inquire, Smith was unresponsive. Investigators determined that Smith often changed his business name and location without notifying customers, refunding prepayments, or making arrangements to complete the promised services. Acting on information obtained during the investigation, OALE investigators obtained two separate arrest warrants for Smith from the Fifth Judicial Circuit Court for a total of two felony and seven misdemeanor charges.

Charges: On December 8, 2021, the Lake County Sheriff’s Office arrested Smith on the first outstanding warrant. Smith was booked into the Lake County Jail on the following charges: Violation of Section 817.034 (4)(a)(3), F.S., Organized Scheme to Defraud, Third-Degree Felony, 1 count; Violation of Section 482.071, F.S., Operating an Unlicensed Pest Control Business, Second-Degree Misdemeanor, 1 count; and Violation of Section 482.091, F.S., Failure to Obtain an Employee Pest Control Identification Card, Second-Degree Misdemeanor, 1 count. Bond was set at $7,000, and Smith’s court appearance date will be set by the Lake Circuit Court.

On December 21, 2021, the Ocala Police Department arrested Smith on the second outstanding warrant. Smith was booked into the Marion County Jail on the following charges: Violation of Section 817.034 (4)(a)(3), F.S., Organized Scheme to Defraud, Third-Degree Felony, 1 count; Violation of Section 482.091, F.S., Failure to Obtain an Employee Pest Control Identification Card, Second-Degree Misdemeanor, 2 counts; Violation of Section 482.191 (1), F.S., Unlawfully Soliciting, Performing, or Advertising in pest control, Second-Degree misdemeanor, 1 count; and Violation of Section 501.022 (1)(a) F.S., Home Solicitation without a Permit, First-Degree, 2 counts. Bond was set at $9,000, and Smith’s court appearance date will be set by the Sumter Circuit Court.

Arrestee:
Kenneth Wayne Smith
DOB: 07/11/1960
Ocala, Florida

Consumer Tips: The Florida Department of Agriculture and Consumer Services (FDACS) is responsible for enforcing pesticide regulations and laws in Florida. If a consumer suspects an entity or individual is conducting illegal or unlicensed pest control operations, we urge Floridians to file a complaint by calling 1-850-617-7996 or filing an online report[ ].

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source: https://www.fdacs.gov/News-Events/Press-Releases/2021-Press-Releases/FDACS-Office-of-Agricultural-Law-Enforcement-Investigation-Results-in-Arrest-of-Individual-Conducting-Fraudulent-Pest-Control-Activity

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