Florida Department of Agriculture & Consumer Services BOB CRAWFORD, Commissioner The Capitol * Tallahassee, FL 32399-0800 _ Please Respond to: Bureau of License and Bond Mayo Building Tallahassee, FL 32399-0800 . September 10, 1998 (850) 922-0153 Johnson Produce Co., Inc. CERTIFIED MAIL P.O. Box 1123 Pompano Beach, FL 33061-1123 Oo-/7 Sift RE: Johnson Produce Co., Inc., Complainant, vs Veg Service, Inc., 150 SW 12 Ave., #370, Pompano Beach, FL 33069, Licensed as a Dealer in Agricultural Products under License Number 9012, Supported by Bond Number 22169581 in the amount of $12,500, written by Western Surety Company, as Surety, Inception Date April 27, 1997, Expiration Date April 26, 1998, Date of Execution January 6, 1997, Respondent. Western Surety Company, 101 South Phillips Avenue, Sioux Falls, SD 57102, as Surety, Co-Respondent. Gentlemen: This is in reference to the above-captioned complaint filed against the Respondent in the amount of $4,373 for the 1997-98 License and Bond Year. We have recently received written communication from the Respondent wherein they have advised that notices of intent to preserve trust benefits under the Perishable Agricultural Commodities Act (PACA) against Veg Service, Inc., have been filed with the Federal Court under PACA, 7 U.S.C. ss499e(c). Please be advised that this Department intends to stay further processing of your complaint filed with this office pending the outcome of the PACA cases. By copy of this letter all interested parties in this matter are hereby notified of the Department’s intentions. Se Se a Florida Agriculture and Forest Products $53 Billion for Florida’s Economy 5 2) Johnson Produce Co., Inc. Page 2 September 10, 1998 - Should you have questions, or if you need further information, please feel free to contact this office. Sincerely, BOB CRAWFORD COMMISSIONER OF AGRICULTURE Birk d Rat Brenda D. Hyatt Chief BDH/D/p ce: Mr. Martin Shield, Veg Service, Inc., 4999 S.W. 7" Court, Margate, FL 33068 Western Surety Company, 101 S. Phillips Avenue, Sioux Falls, ‘BD 57102 Mr. Scott R. Teach, Esquire, MEUERS, DRESSLER & KERR, LLP, 2590 Golden Gate Parkway, : Suite 109, Naples, FL 34105 Mr. Stephen McCarron, Esquire, McCARRON & ASSOCIATES, 455 Connecticut Avenue, N.W., Washington, DC 20008 Ms. Rena Magolnick, Esquire, Hustead & Magolnick, 70 N.W. 8" Street, Homestead, FL 33030 Ms, Amy Shield, Esquire, Italiezer, Pettin & White, P.A., 101 N.E. 3% Ave., Fort Lauderdale, FL 33301 : Mr. Raphael Impellizzeri, Field Representative ¢ ? i U ww) STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES RE: Johnson Produce Co., Inc., P.O. Box 1123, Pompano Beach, FL 33061-1123, Complainant, vs Veg Service, Inc., 150 SW 12 Avenue, #370, Pompano Beach, FL 33069, Licensed as a Dealer in Agricultural Products under License Number 9012, Supported by Bond Number 22169581 in the amount of $12,500, written by Western Surety Company, as Surety, Inception Date April 27, 1997, Expiration Date April 26, 1998, Date of Execution January 6, 1997, Respondent, Western Surety Company, P.O. Box 5077, Sioux Falls, SD 57117-5077, as Surety, Co-Respondent. AMOUNT OF COMPLAINT: $4,373.00 LB CASE NO: 98-0024 TO: Veg Service, Inc., 150 SW 12 Avenue, #370, Pompano Beach, FL 33069 , . Western Surety Company, P.O. Box 5077, Sioux Falls, SD 57117-5077 Johnson Produce Co., Inc., P.O. Box 1123, Pompano Beach, FL 33061-1123 ORDER PRELIMINARY STATEMENT This is a proceeding under the Florida Agricultural Bond and License Law, Sections 604.15-604.34, Florida Statutes. A Notice of Filing of a Complaint and copies of the complaint along with supporting evidence thereto were mailed by the Florida Department of Agriculture and Consumer Services (the "Department") to Respondent and Co-Respondent by United States certified mail on June 12, 1998. Neither the Respondent or Co-Respondent responded to the complaint nor did they request a hearing. UY Nw] EINDINGS OF FACT 1. Complainant, Johnson Produce Co., Inc., is a corporation whose address is P.O. Box 1123, Pompano Beach, FL. 2. Respondent, Veg Service, Inc., is a corporation whose address is 150 SW 12 Avenue, #370, Pompano Beach, FL 33069. At the time of the transactions involved, Respondent was licensed as a dealer in agricultural products supported by Surety Bond Number 22169581 (the "Bond") in the amount of $12,500. 3. Co-Respondent, Western Surety Company, as Surety, provided the Bond for Respondent. The conditions and provisions of the Bond are to assure proper accounting and payment to producers, their agents or representatives for agricultural products purchased by the Respondent. 4. On February 14, 1998 through March 26, 1998, Complainant, Johnson Produce Co., Inc., as Agent for Florida producers sold Respondent peppers and eggplants totaling $4,373. 5. The complaint was filed with this office within six (6) months from the dates of sale. 6. There are no known disputed facts in this matter. CONCLUSIONS OF LAW 7. Section 604.20 (1), Florida Statutes provides: “Before any (agricultural commodity dealers) license is issued, the applicant therefore shall make and deliver to the department a surety bond or certificate of deposit in the amount of at least $3,000 or in such greater amount as the department may determine.... Such bond must be executed by a surety corporation authorized to transact business in the state.... Such bond or any certificate of deposit WU UY assignment or agreement shall be upon a form prescribed or approved by the department and shall be conditioned to secure the faithful accounting for and payment to producers, their agents or representatives, of the proceeds of all agricultural products handled or purchased by such dealer." 8. Section 604.21 (1), Florida Statutes provides: "Any person claiming himself to be damaged by any breach of the conditions of a bond or certificate of deposit assignment or agreement given by a licensed dealer in agricultural products as hereinbefore provided may enter complaint thereof against the dealer and the surety, if any, to the department, which complaint shall be a written statement of the facts constituting the complaint. Such complaint shall be filed within six (6) months from the date of sale in instances involving direct sales or from the date on which the agricultural product was received by the dealer in agricultural products, as agent, to be sold for the producer." CONCLUSIONS Respondent has failed and refused to answer the complaint in writing, and because of Respondent's failure to answer said complaint, the only evidence before the Commissioner of Agriculture is the sworn complaint of the Complainant. Therefore, it must be concluded that the Respondent is indebted to Johnson Produce Co., Inc., in the amount of $4,373. This is in violation of the conditions and provisions of the Bond that Respondent has on file with the Department as provided in Section 604.20 (1), Florida Statutes. IT IS THEREFORE ORDERED AND ADJUDGED that Respondent, Veg Service, Inc., pay Complainant, Johnson Produce Co., Inc., the amount of $4,373 to be paid within fifteen (15) days from the date this Order becomes final. In the event that Respondent does not comply with this Order within fifteen (15) days from the date it becomes final, Western Surety YU Nw] Company, as Surety for the 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, Western Surety Company will be notified by this office. This Order shall become final in fourteen (14) days from the date of mailing as stated herein unless a party having material interest affected by this Order requests a hearing within the fourteen (14) day period. Pursuant to Chapter 120, Florida Statutes, anyone desiring a hearing should make their request to the Florida Department of Agriculture and Consumer Services, Bureau of License and Bond, Mayo Building, Tallahassee, FL 32399- 0800. Such a request should contain the name and address of the party requesting the hearing and a reference to this Order. Otherwise, this Order will be final and appeal may be filed pursuant to Section 120.68, Florida Statutes within thirty (30) days of finality. If you wish to appeal the Final Order, review proceedings must be instituted by filing a petition or notice with the Agency Clerk, Mayo Building, Fifth Floor, Tallahassee, FL 32399-0800, and a copy of same with the appropriate District Court of Appeal. DONE AND ORDERED at Tallahassee, Leon County, Florida, this Ql | day of A YS vst , 1998. ANN H. WAINWRIGHT ‘ Assistant Commissioner of Agriculture Filed this Q| day of \ Yeu st , 1998. Lenmy 2 Agency\€lerk U VU I certify that a copy hereof has been furnished to Veg Service, Inc., 150 SW 12 Avenue, #370, Pompano Beach, FL 33069, Western Surety Company, P.O. Box 5077, Sioux Falls, SD 57117-5077 and Johnson Produce Co., Inc., P.O. Box 1123, Pompano Beach, FL 33061-1123, by United States certified mail with return receipt requested this 2! s day of aust , 1998. . [wa . Brenda D. Hyatt, Chief Bureau of License and Bond cc: ~- Mr. Raphael Impellizzeri, Field Representative

Docket for Case No: 00-001744