STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF AGRICULTURE AND ) CONSUMER SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1066

)

MUNFORD, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came before this Division for hearing on the charge of the Petitioner that the Respondent, Munford, Inc., at a "Majik Market' retail outlet operated by the Respondent, located on the corner of State Road 581 and 43rd Street, Lutz, Florida, was found to be selling gasoline which fell below the standards fixed by the Department of Agriculture and Consumer Services.

APPEARANCES

For Petitioner: Robert Chastain, General Counsel

Department of Agriculture and Consumer Services

Mayo Building

Tallahassee, Florida 32304

For Respondent: Albert H. Stephens

125 South Gadsden Street Tallahassee, Florida

FINDINGS OF FACT

1. On January 13, 1975, 6500 gallons of gasoline was stop-saled by the Petitioner under the authority of Section 525.06, Florida Statutes. That section gives the Petitioner the right to confiscate and sell substandard gasoline. In lieu of having its gasoline confiscated, the Respondent previously posted a $2700 bond which prevented its retail outlet from being closed while confiscation proceedings would have been held. This hearing was convened to consider whether said bond should be` confiscated. At this hearing it was announced that there were no substantial disputes of material fact and that the Respondent admitted that said gasoline had been substandard. It was agreed among the parties that the Respondent should pay unto the Department of Agriculture and Consumer Services a sum in the amount of $908.54, which represented the amount of substandard gasoline which had been sold by the Respondent before the quality of its gasoline was discovered. It was not alleged that the cause of the substandard product was intentional on the part of the Respondent and it was assumed that negligence or lack of care on the part of the Respondent was the reason for this contamination.

RECOMMENDATION

It is, therefore, recommended that the Petitioner in settlement of this matter retain the amount of .$908.54 from the $2700.00 bond that was posted by the Respondent.

DONE and ORDERED this 20th day of August, 1975, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Albert H. Stephens, Esquire

125 South Gadsden Street Tallahassee, Florida Attorney for Respondent

Robert Chastain, Esquire General Counsel

Florida Department of Agriculture & Consumer Services

Mayo Building

Tallahassee, Florida 32304 Attorney for Petitioner

Docket for Case No: 75-001066

Orders for Case No: 75-001066