STATE OF FLORIDA Turfgrass America, LP, Petitioner, LB CASE NO. 05-0009, ORDER vs AGENCY CLERK# A35560 DOAH CASE NO. 05-1355 LB CASE NO. 05-0017 FINAL ORDER AGENCY CLERK #A39009 Roadscape, Inc., d/b/a Eroadscape and Hartford Fire Insurance Company, Division of Administrative Hearings FILE D | THIS CAUSE, arising under Florida’s “Agricultural License and Bond Law” Respondents. / FINAL ORDER (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 11, 2004, the Petitioner, Turfgrass America, LP, 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 $14,565.69 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 Hartford Fire Insurance Company in the amount of $5,700. On November 10, 2004, a Notice of Filing of an Amended Complaint was mailed to Respondent and Co-Respondent. The Respondent did not file an answer to the complaint or request a hearing. The Co-Respondent acknowledged receipt of the complaint, but did not contest the matter or request a hearing. On March 4, 2005, the Department issued an Order in this matter in which the parties are given 14 days to request a hearing prior to the Order becoming final. The Respondent filed a timely response to the Order wherein they noted alleged inaccuracies in the Complainant’s invoices, thereby disputing the complaint as filed. A hearing was not requested by the Respondent, but was requested by the Department due 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 June 8, 2005. The scheduled hearing convened on June 8, 2005, however, neither party appeared for the hearing. In the NOTICE OF HEARING issued by the Administrative Law Judge (“ALJ”) on May 20, 2005, the ALJ noticed the parties that “Failure to appear at this hearing may be grounds for entry of a recommended order of dismissal”. Accordingly, the ALJ issued a RECOMMENDED ORDER OF DISMISSAL on June 9, 2005 based on the failure of either party to appear at the June 8, 2005 hearing. A copy of the ALJ’s RECOMMENDED ORDER OF DISMISSAL is attached hereto as Exhibit A, to which neither party filed written exceptions with this Department. 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 failure of the parties to appear at the scheduled June 8, 2005 hearing after being forewarned that by doing so may result in the case being dismissed, the Department hereby adopts the ALJ’s RECOMMENDED ORDER OF DISMISSAL. The Department hereby dismisses the complaint and the file is closed without further action. 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. ot DONE AND ORDERED this “7 ~ day of Sephen lon , 2005. Assistani Commissioner of LL. Yo Filed with Agency Clerk this 7 _ day of , 2005. Ce oD Agency Clerk COPIES FURNISHED TO: SEE ATTACHED COPIES FURNISHED TO: Judge William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 (Certified No. 7160 3901 9849 1095 2691) Mr. Scott Cochrane, Assistant Vice President Hartford Fire Insurance Company Hartford Plaza, T-4 Hartford, CT 06115 (Certified No. 7160 3901 9849 1095 3995) Mr. Justin Whittaker, President Roadscape, Inc., d/b/a Eroadscape P. O. Box 2132 Palmetto, FL. 34220 (Certified No. 7160 3901 9849 1095 4008) Mr. Justin Whittaker, President Roadscape, Inc., d/b/a Eroadscape 1310 12" Street, East, Unit #5 Palmetto, FL 34221 (Certified No. 7160 3901 9849 1095 4015) Mr. Justin Whittaker, President Roadscape, Inc., d/b/a Eroadscape 4117" Street W, #6 Palmetto, FL 34221 (Certified No. 7160 3901 9849 1095 4053) Mr. James Mercer, President Turfgrass America, LP 103 Big Bend Road Apollo Beach, FL 33572 (Certified No. 7160 3901 9849 1095 4022) Mr. Justin Whittaker, President Roadscape, Inc., d/b/a Eroadscape 4435 Ascot Circle, South Sarasota, FL 34235 (Certified No. 7160 3901 9849 1095 4039) Mr. Robert K. Grennan, Authorized Representative Hartford Fire Insurance Company Hartford Plaza, T-4 Hartford, CT 06115 (Certified No. 7160 3901 9849 1095 4046) Mr. Bill Graham, Senior Attorney, General Counsel’s Office Mr. Mark Moritz, Field Representative Ft. Myers Field Representative

Docket for Case No: 05-001355