le-9 -O4 ae op STATE OF FLORIDA on @, ORS DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, “> * Ne Va Bent Oak Farm, Inc. _ we Ar [KW -t Los DOAH CASE NO. 04-0432 vs LB CASE NO. 04-0018 FINAL ORDER Petitioner, Above All Lawn Care & Landscaping, Inc., and Hartford Fire Insurance Company, Respondents. / 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 October 27, 2003, the Petitioner, Bent Oak Farm, Inc., 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 $6,507.68 for trees they 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 Hartford Fire Insurance Company in the amount of $4,999. Subsequent to the Department’s entry of its Order, the Respondent filed an ANSWER OF RESPONDENT to the complaint wherein they denied the claim as valid and admitted to an indebtedness of zero. 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 for an administrative hearing in accordance with the provisions of Section 120.57(1), Florida Statutes. An administrative hearing was held in this matter on April 14, 2004. During the hearing, a settlement agreement was reached by the parties. On April 15, 2004, the Judge issued an ORDER PLACING CASE IN ABEYANCE, and on May 18, 2004, the Judge issued a second NOTICE OF HEARING, An Administrative Hearing was held in this matter on June 3, 2004. The Administrative Law Judge (“Judge”) rendered his Recommended Order on June 9, 2004, a copy of which is attached hereto as Exhibit A, to which neither party filed written exceptions with this Department. The record consists of this Department’s file in this matter. 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 that the Respondent, Above All Lawn Care & Landscaping, Inc. pay Petitioner $6,494.90 is hereby adopted. For purposes of this Final Order consistent with the requirements of Sections 604.21(7) and (8), Florida Statutes, payments shall be made within fifteen (15) days after this Final Order is adopted. In the event Respondent fails to pay Petitioner $6,494.90 within fifteen (15) days of the Final Order, Hartford Fire Insurance Company, as Surety for Respondent, is hereby ordered to provide payment under the conditions and provisions of the Bond to CHARLES H, BRONSON, COMMISSIONER OF AGRICULTURE AND CONSUMER SERVICES, as Obligee on the Bond. The Department will notify the Surety in the event it (the Surety) is required to pay. This Order is final and effective on the date filed with the Clerk of the Department. Any party to these proceedings adversely affected by this Final Order is entitled to seek review of this Final Order pursuant to Section 120.68, Florida Statutes (2002) and Rule 9.110, Florida Rules of Appellate Procedure (2003). 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. A copy of the petition for review or notice of appeal, accompanied by the filing fees prescribed by law must also be filed with the appropriate District Court of Appeal within thirty (30) days of the date this Order was filed with the Agency Clerk. +h DONE AND ORDERED this) day of.) «) \ , ___, 2004. CHARLES H. BRONSON COMMJSSIONER AGRICUL ODE Assistant Commissioner of Agriculture +h Filed with Agency Clerk this 96 day of __,) v , 2004. Onn 4 r ——————e y Clerk COPIES FURNISHED TO: Judge T. Kent Wetherell, IT Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Mr. Daniel I. Lawrence, Registered Agent Above All Lawn Care & Landscaping, Inc. 3444 SE 13" Street Ocala, FL 34471 (Certified No. 7160 3901 9848 4846 3856) Mr. Scott Cochrane, Assistant Vice President Hartford Fire Insurance Company Hartford Plaza, T-4 Hartford, CT 06115 (Certified No. 7160 3901 9848 4846 3849) Ms. Mary Ann Feldman, President Bent Oak Farm, Inc. 13301 S. Hwy. 475 Ocala, FL 34480 (Certified No. 7160 3901 9848 4846 3832) Mr. Daniel I. Lawrence, President Above All Lawn Care & Landscaping, Inc. P. O. Box 2772 Ocala, FL 34478 (Certified No. 7160 3901 9848 4846 3795) Mr. Jim Niemann Bent Oak Farm, Inc. 13301 S. Hwy. 475 Ocala, FL 34480 (Certified No. 7160 3901 9848 4846 3818) Mr. Robert K. Grennan, Fidelity and Surety Claim Department Hartford Fire Insurance Company Hartford Plaza, T-4 Hartford, CT 06115 (Certified No. 7160 3901 9848 4846 3825) Mr. Jim Brooks, Field Representative

Docket for Case No: 04-000432

Orders for Case No: 04-000432