STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LANDSCAPE NURSERY, INC., )

)

Petitioner, )

)

vs. )

) DESIGNING WOMEN LANDSCAPING, ) INC. AND NOVA CASUALTY COMPANY, ) AS SURETY, )

)

Respondents. )

Case No. 09-1602

)

SUMMARY RECOMMENDED ORDER

Pursuant to notice, the above-styled matter was convened before Lawrence P. Stevenson, Administrative Law Judge of the Division of Administrative Hearings, on May 22, 2009, in Orlando, Florida.

APPEARANCES

For Petitioner: Gail Hess, Principal

Landscape Nursery, Inc.

1955 South Apopka Vineland Road Orlando, Florida 32835

For Respondent Designing Women Landscaping, Inc.:

Joseph Shay, Principal

Designing Women Landscaping and Nursery 6275 West State Road 46

Sanford, Florida 32771 For Respondent Nova Casualty Company:

(No appearance)

STATEMENT OF THE ISSUE

Whether Respondent, Designing Women Landscaping, Inc. (Respondent), a dealer in agricultural products, owes Petitioner, Landscape Nursery, Inc. (Petitioner), a producer of Florida agricultural products, a sum of money for plants purchased from Petitioner's nursery.

SUMMARY DISPOSITION

On or about February 27, 2009, Petitioner filed an amended complaint with the Florida Department of Agriculture and Consumer Services (the "Department"), alleging that Respondent owes Petitioner the sum of $4,924.40, for plants delivered from Petitioner's nursery to Respondent's place of business.

Respondent conceded that it owed some amount to the Petitioner, but prior to the hearing the parties could not agree on the amount owed. The Department forwarded the case to the Division of Administrative Hearings on March 27, 2009. The case was assigned to the undersigned and initially set for hearing on May 8, 2009. One continuance was granted, and the hearing was re-scheduled for May 22, 2009.

The hearing was convened as re-scheduled. Prior to the taking of testimony, the parties discussed settlement of the matter. At the conclusion of their discussions, the parties stipulated: that the Division of Administrative Hearings has jurisdiction over this matter and the parties thereto pursuant

to Section 120.569 and Subsection 120.57(1), Florida Statutes (2009); that, at all times relevant to this proceeding, Petitioner was a "producer" pursuant to Subsection 604.15(9), Florida Statutes (2009); that, at all times relevant to this proceeding, Respondent was a "dealer in agricultural products" pursuant to Subsection 604.15(2), Florida Statutes (2009); that Respondent owes Petitioner $3,033.84 for plants delivered by Petitioner to Respondent; and, that no further interest would be sought or assessed against Respondent on the agreed principal amount owed to Petitioner.

Based on the foregoing stipulations, it is

RECOMMENDED that the Florida Department of Agriculture and Consumer Services enter a final order requiring Respondent, Designing Women Landscaping, Inc., to pay Petitioner, Landscape Nursery, Inc., the principal sum of $3,033.84, without interest.

DONE AND ENTERED this 29th day of May, 2009, in Tallahassee, Leon County, Florida.

S

LAWRENCE P. STEVENSON

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 29th day of May, 2009.

COPIES FURNISHED:

Richard D. Tritchler, General Counsel Department of Agriculture and

Consumer Services

407 South Calhoun Street, Suite 520 Tallahassee, Florida 32399-0800

Honorable Charles H. Bronson Commissioner of Agriculture Department of Agriculture and

Consumer Services

The Capitol, Plaza Level 10 Tallahassee, Florida 32399-0810

Susan Hallett

Designing Women Landscaping and Nursery 6275 West State Road 46

Sanford, Florida 32771

Christopher E. Green, Esquire Department of Agriculture and

Consumer Services

Office of Citrus License and Bond Mayo Building, M-38

Tallahassee, Florida 32399-0800

Nova Casualty Company

726 Exchange Street, Suite 1020 Buffalo, New York 14210

Gail Hess

Landscape Nursery, Inc.

1955 South Apopka Vineland Road Orlando, Florida 32835

Joseph Shay

Designing Women Landscaping and Nursery 6275 West State Road 46

Sanford, Florida 32771

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 09-001602

Orders for Case No: 09-001602