CHER O2MAY 31 AMIN: 13 BEFORE THE COMMISSIONER OF AGRICULTURE vision OF oTWES! iz OF STATE OF FLORIDA Ate WSTRATIVE He ARENGS RE: Owen Conner, III, Petitioner, $ f y VS. Case No. 3284.66 Orange Bend Harvesting, Inc., a licensed Citrus Fruit Dealer during the 2000 - 2001 citrus shipping season, Respondent, and Great American Insurance Co., Co-Respondent. FINAL ORDER THIS CAUSE, arising under "the Florida Citrus Code" (Chapter 601, Florida Statutes), came before the Commissioner of Agriculture of the State of Florida for consideration and final agency action. On October 18, 2001, Petitioner, Owen Conner, III, a citrus grower, filed a written complaint against Respondent, Orange Bend Harvesting, Inc., a licensed citrus fruit dealer with the Department pursuant to Section 601.66, Florida Statutes. The complaint alleged Respondent's indebtedness to Petitioner in the amount of $5,250.00 for citrus fruit purchased from Petitioner. Respondent's license for the subject shipping season is supported by a surety bond written by Great American Insurance Co., pursuant to Section 601.66, Florida Statutes, Respondent filed an answer to the complaint denying the claim as valid and requested a hearing. Co-Respondent did not file an answer to the complaint nor requested a hearing. The Division of Administrative Hearings held a hearing on February 13, 2002. The Hearing Officer rendered his Recommended Order on April 8, 2002, copy of which is attached hereto as "Exhibit A". No exceptions were filed. Upon review of the record and being otherwise fully advised in the premises, it is: ORDERED AND ADJUDGED: 1. The Hearing Officers recommendation that the claim be dismissed by the Department is hereby adopted. 2. This file is closed without further action. This Final Order is effective on the date filed with the Clerk of the Department. NOTICE OF RIGHTS 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, and Rule 9.110, Florida Rules of Appellate Procedures. Review proceedings must be instituted by filing a petition or notice of appeal with the Agency Clerk in the Legal Office, Room 515, Mayo Building, Tallahassee, Florida 32399-0800, and a copy, accompanied by filing fees as prescribed by law, with the appropriate District Court of Appeal within thirty (30) days of rendition of this Final Order. th DONE AND ORDERED at Tallahassee, Leon County, Florida, this hs day of Ms vf 2002. TERRY L. RHODES Assistant Commissioner of Agriculture 4 ; . Filed this QY day of J , 2002 with |_| aad i) DOO Agendy Clerk cc: Ms. Joyce Caldwell, Registered Agent, Orange Bend Harvesting, Inc., 35335 Gala Dr., Leesburg, Florida, 34788 Karen Horrell, Registered Agent, Great American Insurance Co., 580 Walnut St., Cincinnati, OH 45202 Owen Conner, III, 2405 Croat St., Mount Dora, Florida 32757 Ms. Joyce Caldwell, President, Orange Bend Harvesting, Inc., Post Office Box 490197, Leesburg, Florida, 34749-0197 Judge Stephen Dean, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060 Department of Citrus STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OWEN CONNER, III, Petitioner, ) vs. ) Case No. 01-4794 ORANGE BEND HARVESTING, ) INC. AND GREAT AMERICAN ) INSURANCE COMPANY, Respondents. ) RECOMMENDED ORDER OF DISMISSAL This cause came on for hearing pursuant to notice on February 13, 2002, in Eustis, Florida, before Stephen F. Dean, Administrative Law Judge of the Division of Administrative Hearings. The hearing was noticed to be heard at 9:30 a.m. at the City Hall, 10 North Grove Street, Eustis, Florida. Notice was provided to all the parties by a notice of hearing dated January 15, 2002. None of the notices were returned as undeliverable. The Petitioner was not present. The Respondents were present with witnesses and ready to proceed. The Petitioner did not contact the Administrative Law Judge or the Division of Administrative Hearings prior to the entry of this order to explain his failure to appear. RECEIVED & FLED, WINTER HAVEN, FL Cas: ND. Decket No. ae , “TAGR, APR 4 i CARY The Petitioner has the burden of proof. The Petitioner did not appear and presented no evidence in support of his Petition. RECOMMENDATION Based upon the foregoing failure to present any evidence in support of his Petition, it is RECOMMENDED : That the Department of Agriculture and Consumer Services enter its order dismissing this case. DONE AND ENTERED this gH aay of April, 2002, in Tallahassee, Leon County, Florida. a Sota. STRPHEN F. DEAN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division gf Administrative Hearings this 8 day of April, 2002. COPIES FURNISHED: Joyce Caldwell Orange Bend Harvesting, Inc. 35335 Gala Drive Leesburg, Florida 34788 Owen Conner, III 2405 Croat Street Mount Dora, Florida 32757 Karen Horrell Great American Insurance Company 580 Walnut Street Cincinnati, Ohio 45020 Brenda Hyatt, Chief Department of Agriculture and Consumer Services 500 Third Street, Northwest Post Office Box 1072 Winter Haven, Florida 33882-1072 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: 01-004794