STATE OF FLORIDA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Terry McCulley,

Petitioner, DOAH CASE NO. 99-4162A LB CASE NO. 00-0016

vs. FINAL ORDER

Growers Marketing Service, Inc., and Preferred National Insurance Company,

Respondents.

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FINAL ORDER

THIS CAUSE, arising under Florida's "Agricultural License and Bond Law" (Sections 604.15-604.34), Florida Statutes, came before the Commissioner of Agriculture of the State of Florida for consideration and final agency action. On August 10, 1999, the Petitioner, Terry McCulley, a producer of agricultural products as defined by Section 604.15 (5), Florida Statutes, timely filed an administrative complaint pursuant to Section 604.21, Florida Statutes, to collect $7,433 for watermelons he sold to Respondent, a licensed dealer in agricultural products. Respondent's license for the time in question was supported by a bond required by Section 604.20, Florida Statutes, written by Preferred National Insurance Company in the amount of $100,000. The Respondent filed a response to the complaint wherein they denied the claim as valid. A hearing was not requested by the Respondent, but was requested by the Department due to disputed issues of fact. Therefore, this matter was referred to the Division of Administrative Hearings (DOAH) for an administrative hearing in accordance with the provisions of Section 120.57(1), Florida Statutes. An administrative hearing was scheduled in this matter for January 21, 2000. The Administrative Law Judge ("Judge") rendered her Recommended Order on April 3, 2000, a copy of which is attached hereto as Exhibit A, to which neither party filed written exceptions with this Department.

Upon the consideration of the foregoing and being otherwise fully advised in the premises, it is

ORDERED:

1. The Judge's findings of fact are adopted In toto as this agency's findings of fact.

2. The Judge's conclusions of law are adopted In toto as this agency's conclusions of law.

   
   

3. The Judge's Recommendation is modified to reflect that Respondent, Growers Marketing Service, Inc., pay Petitioner

$1,269.87 within fifteen (15) days after this Order becomes final. This Order is final and effective on the date filed with the Clerk of the Department. The Department finds exception to the Judge's RECOMMENDATION that the Respondent pay the Petitioner

$1,269.87 plus interest. The Department has no statutory authority to award interest. The Judge's Recommendation is further modified to stipulate that in the event Respondent fails to pay Petitioner $1,269.87 within fifteen (15) days of the Final Order, Preferred National Insurance Company, as Surety for Respondent is hereby ordered to provide payment under the conditions and provisions of the Bond, to, BOB CRAWFORD, COMMISSIONER OF AGRICULTURE AND CONSUMER SERVICES, as Obligee on

the Bond. Should responsibility for payment evolve to the Surety, Preferred National Insurance Company will be notified by this office.

Any party to these proceedings adversely affected by this Final Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Florida Rules of Appellate Procedure. Review proceedings must be instituted by filing a petition or notice of appeal with the Agency Clerk, 5~ Floor, Mayo Building, Tallahassee, FL 32399-0800, and a copy of same with the appropriate District Court of Appeal within thirty

(30) days of rendition of this Order.

DONE AND ORDERED this 2nd day of June, 2000.

BOB CRAWFORD

COMMISSIONER OF AGRICULTURE

TERRY L. RHODES

Assistant Commissioner of Agriculture Filed with Agency Clerk this 2nd day of June, 2000.

COPIES FURNISHED:

Mr. Terry McCully 3245 N.W. 30th Lane

Jennings, FL 33806.

Ella Jane P. Davis Administrative Law Judge

Division of Administrative Hearings

The DeSoto Bldg., 1230 Apalachee Parkway Tallahassee, FL 32399-3060

Mr. Mark Moritz, Field Representative Preferred National Insurance Company

P.O. Box 407003

Fort Lauderdale, FL 33306

Mr. William R. Ward, Jr., President Growers Marketing Service, Inc.

P.O. Box 2595 Lakeland, FL 33806

Tallahassee Field Representative

Docket for Case No: 99-004162

Orders for Case No: 99-004162