STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Woerner Development, Inc., d/b/a Gulf Kist Sod, Petitioner, C it eae of DOAH CASE NO. 03-3806 LB CASE NO. 04-0012 FINAL ORDER National Sod Service Corporation, and Auto Owners 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 February 3, 2003, the Petitioner, Woerner Development, Inc., d/b/a Gulf Kist Sod, 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 $41,150 for sod 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 Auto Owners Insurance Company in the amount of $31,000. The Respondent filed an ANSWER OF RESPONDENT to the complaint and stated the complaint was satisfied, admitted an indebtedness of $37,650 and indicated the parties had agreed to a payment plan. 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 on November 20, 2003. On November 14, 2003, DOAH issued an ORDER GRANTING CONTINUANCE AND RE-SCHEDULING HEARING wherein the hearing was re- scheduled for January 16, 2004. On January 12, 2004, the Respondent, through their attorney filed a motion captioned NATIONAL SOD’S MOTION TO DISMISS AND/OR FOR SUMMARY FINAL ORDER (Motion). In response to the Respondent’s Motion, the Petitioner field a PETITIONER’S RESPONSE TO RESPONDENT, NATIONAL SOD’S MOTION TO DISMISS AND/OR FOR SUMMARY FINAL ORDER AND PETITIONER’S MOTION FOR PARTIAL SUMMARY JUDGMENT (Response) through their counsel on January 14, 2004. On January 16, 2004, DOAH issued an ORDER CANCELING HEARING AND PLACING CASE IN ABEYANCE (Order) based on “the parties’ stipulation of settlement filed January 15, 2004”, and accordingly, the January 16, 2004 hearing was cancelled. The parties were to confer and advise the Administrative Law Judge no later than January 23, 2004 as to the status of the matter. Due to the failure of the parties to respond to DOAH’s above-mentioned Order, DOAH issued an ORDER CLOSING FILE on February 6, 2004 thereby closing their file. Where the case was returned by DOAH to the Department, the Department obtained statements from the parties that reconciled the amount in dispute to be $38,213.23. The record consists of this Department’s file in this matter. In that there is no longer any disputed fact in this case, the Department finds that National Sod Service Corporation owes Woerner Development, Inc., d/b/a Gulf Kist Sod $38,213.23. Upon the consideration of the foregoing and being otherwise fully advised in the premises, it is ORDERED: Based on the reconciliation statements filed by the parties on March 11, 2004 and March 12, 2004, the Department hereby orders the Respondent, National Sod Service Corporation pay Petitioner $38,213.23. For purposes of mailing this Final Order consistent with the requirements of Sections 604.21(7) and (8), Florida Statutes, payment shall be made within fifteen (15) days after this Order becomes final. In the event Respondent fails to pay Petitioner $38,213.23 within fifteen (15) days of the Final Order, Auto Owners 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. th DONE AND ORDERED this 30 day of Whe ve h , 2004. + u - Filed with Agency Clerk this RA ) day of Vo. VC h , 2004. Scone 7 2 Agency Clerk COPIES FURNISHED TO: Judge Claude B. Arrington Mr. Andres Diaz, Sr., President/Registered Agent Administrative Law Judge National Sod Service Corporation Division of Administrative Hearings 15002 N. Nebraska Avenue The DeSoto Building Tampa, FL 33613 1230 Apalachee Parkway (Certified No. 7160 3901 9842 6988 7118) Tallahassee, FL 32399-3060 Lynne S. K. Ventry, Esquire Auto Owners Insurance Company LYNNE S. K. VENTRY, P.A. P. O. Box 30660 Kim Financial Center - Suite 290 Lansing, MI 48909-8160 185 Northwest Spanish River Blvd. (Certified No. 7160 3901 9842 6988 7101) Boca Raton, FL 33431 (Certified No!7160 3901 9842 6988 7125) Mr. Norm Moore, CFO Woerner Development, Inc., d/b/a Wendy V. Schreck, Esquire Gulf Kist Sod 6100 Glades Road, Suite 201 “Sebring FL BSRI6- Boca Raton, FL 33434 (Certified No. 7160 3901 9842 6988 6920) (Certified No. 7160 3901 9842 6988 6999) Mr. Chris Staffeld, Sr. Field Claims Representative Auto Owners Insurance Company Branch Claim Office 3001 Executive Drive, Suite 375 P. O. Box 17500 Clearwater, FL 33762-0500 (Certified No. 7160 3901 9842 6988 7002/Claim No.: 30-1555-03) Mr. Andres Diaz, Sr., President & Registered Agent National Sod Service Corporation 8410 N. Lois Avenue Tampa, FL 33614 (Certified No. 7160 3901 9842 6988 6913) Messrs. Mark Moritz and David Bokan, Field Representatives

Docket for Case No: 03-003806