STATE OF FLORIDA ag ed DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICE, J MN, MM Ody °$ / FER / ~ La a. s Wey James G. Young, OS He Petitioner, STO - Lezed] DOAH CASE NO. 01-4902 vs LB CASE NO. 04-0007 FINAL ORDER Melons & Potatoes, 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 26, 2001, the Petitioner, James G. Young, 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 $22,676.02 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 Hartford Fire Insurance Company in the amount of $50,000. The Respondent filed a response to the complaint wherein they disputed the claim as being 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 March 8, 2002. On March 8, 2002, the Administrative Law Judge (Judge) issued an ORDER GRANTING CONTINUANCE AND PLACING CASE IN ABEYANCE (Order) based on the Respondent’s unopposed request for a continuance due to an illness in the family. The March 8, 2002 hearing was cancelled and the parties were directed by the Judge to confer and advise him of the status of this matter in writing no later than April 30, 2002. The Judge further stated that if the parties failed to timely advise him of the status of this cause by the April 30, 2002 date, he would conclude that the matter has been amicably resolved, and the file with DOAH would be closed. On October 23, 2002, DOAH issued an ORDER CLOSING FILE due to the failure of the parties to file a status report by April 30, 2002. On November 5, 2002, this office contacted the Petitioner and he advised that he had not received any type of settlement from the Respondent. The Department determined that disputed issues of material facts remained between the parties. Therefore, on February 24, 2003, the Department filed a MOTION TO RE-OPEN (Motion) in the subject complaint with DOAH. In response to the Department’s Motion, DOAH issued an ORDER TO SHOW CAUSE on March 14, 2003 wherein the parties were given until April 2, 2003, to show good cause why they didn’t respond to the Order issued by DOAH of March 8, 2002 which continued the scheduled hearing and required the parties to respond to the Order no later than April 30, 2002. Further, the ORDER TO SHOW CAUSE stated that failure of the parties to show good cause would result in an Order closing DOAH’s file and returning the matter to the Department for a Final Order. Having received no response from the parties to the ORDER TO SHOW CAUSE, DOAH entered an ORDER DENYING MOTION TO RE-OPEN in this cause on January 16, 2004, thereby returning the case to the Department for Final Agency Action. 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: Based on the non compliance by the parties to respond to DOAH’s Orders, the Department hereby dismisses the complaint and the file is closed without further action. 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 teview 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. #) DONE AND ORDERED this g day of Feb yoay ¥ , 2004. CHARLES H. BRONSON col 7 OF AGRICULTURE be RHODES Assistant Commissioner of Agriculture th Filed with Agency Clerk this | 9 day of ce L fuer ae , 2004. {eeney Clerk COPIES FURNISHED TO: Judge Stephen F, Dean Mr. Charles Minor, Registered Agent Administrative Law Judge Hartford Fire Insurance Company Division of Administrative Hearings Hartford Plaza The DeSoto Building Hartford, CT 06115 1230 Apalachee Parkway (Certified No. 7160 3901 9842 6066 7610) Tallahassee, FL 32399-3060 Ms. Juanita Miller, President/Registered Agent Mr. James G. Young Melons & Potatoes, Inc. 5560 CR 132 P. O. Box 335 Wildwood, FL 34785 East Bernstadt, KY 40729 (Certified No. 7160 3901 9842 6066 7627) (Certified No., 7160 3901 9842 6066 7801) Mr. Eric E. Thompson, Bond Claim Department Hartford Fire Insurance Company Hartford Plaza Hartford, CT 06115 (Certified No. 7160 3901 9842 6066 7818/Claim No.: 564 S 03265) All Field Representatives

Docket for Case No: 01-004902