Certified Article Number 7160 3901 9848 1743 9189 SENDERS RECORD STATE OF FLORIDA & DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES *"// , &.. 2 My ge ay RE: Cushman Fruit Company, Inc., My 4 Petitioner, 40, hi Slop a % ei v/, SH; 7 Os CITRUS CASE NO. cup tHE ve FINAL ORDER vs. DOAH CASE NO. 08-1201 AGENCY CLERK #A61335 Carla Dupleich and Brian D. Jerome, d/b/a J & G Citrus Groves, A Licensed Citrus Fruit Dealer during the 2006-2007 citrus shipping season, Respondent, and Great American Insurance Company, 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 12, 2007, Petitioner, Cushman Fruit Company, Inc., (“Cushman Fruit”), a citrus dealer, filed a written complaint against Respondent, Carla Dupleich and Brian D. Jerome, d/b/a J & G Citrus Groves (“I & G Citrus”), 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 $2,339 for mixed citrus fruit purchased from Petitioner. Respondent’s license for the subject shipping season is supported by a surety bond written by Great American Insurance Company (“Great American”) pursuant to Section 601.66, Florida Statutes. J & G Citrus filed a response to the complaint on February 18, 2008 wherein they disputed the claim in its entirety. Great American filed an answer to the claim, but did not dispute the claim or request a hearing. Both answers filed by the Respondent and Co-Respondent were timely filed. Due to the Respondent’s answer, the Department requested a hearing on March 5, 2008. On March 12, 2008, the Division of Administrative Hearings (“DOAH”) issued a NOTICE OF HEARING for a hearing to be held on June 3 and 4 2008. On May 3, 2008, DOAH issued an AMENDED NOTICE OF HEARING BY VIDEO TELECONFERENCE, thus, the hearing date was changed to June 4, 2008. On June 3, 2008, the Complaint notified DOAH of a pending proposed settlement agreement between the parties. Accordingly, DOAH issued an ORDER CLOSING FILE on June 4, 2008 with leave for either party to re-open the case with DOAH. Ina letter dated October 9, 2008, the Complainant notified the Department that they wanted the Department to re-open the complaint based on the Respondent allegedly not fulfilling the settlement between the parties. On October 20, 2008, the Department filed a MOTION TO RE-OPEN with DOAH in the captioned complaint. On November 4, 2008, DOAH issued a NOTICE OF HEARING in this matter and a new hearing date was scheduled for January 30, 2009. On January 28, 2009, DOAH issued an AMENDED NOTICE OF HEARING BY VIDEO TELECONFERENCE where they changed the hearing to a video hearing and the location of the hearing and the hearing date remained the same. The hearing in this case was held on January 30, 2009 and the Administrative Law Judge (“ALJ”) rendered her RECOMMENDED ORDER on February 11, 2009, a copy of which is attached hereto as Exhibit “A”, to which neither party filed written exceptions with this Department. In the ALJ’s RECOMMENDATION, she recommends the Department enter a Final Order directing Respondent, pay Petitioner $2,339 and in accordance with Subsections 601.61 and 601.65, requiring Great American to pay over to the Department any deficiency in payment by the Respondent. Upon the consideration of the foregoing and being otherwise fully advised in the premises, it is: ORDERED AND ADJUDGED: 1. The ALJ’s findings of fact are adopted in toto as this agency’s findings of fact. 2. The ALJ’s conclusions of law are adopted in toto as this agency’s conclusion of law. 3. The ALJ’s recommendation is accordingly modified to reflect that the Respondent, Carla Dupleich and Brian D. Jerome, d/b/a J & G Citrus Groves, pay Petitioner $2,339 within thirty (30) days from the rendition of this Final Order. In the event Respondent does not comply with this Final Order within thirty (30) days, Great American Insurance Company, as Co-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 to be held for distribution pursuant to the Florida Citrus Code. Should responsibility for payment evolve to the Co-Respondent, Great American Insurance Company will be notified by this office. 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. A copy of the petition for review or notice of appeal, accompanied by the filing fees as prescribed by law must also be filed with the appropriate District Court of Appeal within thirty (30) days of rendition of this Final Order. Yer DONE AND ORDERED this _ day of Bp? , 2009. CHARLES H. BRONSON CUL Assistant Commissioner of Agriculture Filed with Agency Clerk this $ day of og , 2009. ( fr kS Abd Agency Clerk Copies provided to Judge June C. McKinney, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060 (Certified Mailing No. 7160 3901 9848 1743 9189) Mr. Rob Brehm, AIC, Bond Claim Representative, Great American Insurance Company, Post Office Box 2119, Cincinnati, OH 45201 (Certified No 7160 3901 9848 1743 9196) Carla Dupleich and Brian D. Jerome, d/b/a J & G Citrus Groves, 5781 Seminole Way, Ft. Lauderdale, FL 33314 (Certified No. 7160 3901 9848 1743 9202) Ms. Elizabeth Alvarez, Vice President/Finance, Cushman Fruit Company, Inc., 3325 Forest Hill Boulevard, West Palm Beach, FL 33406 (Certified No. 7160 3901 9848 1743 9219) Ms. Alice Wiggins, Florida Department of Citrus, Post Office Box 148, Lakeland, FL 33802- 0148 (Certified No. 7160 3901 9848 1743 9226) Mr. Bedford Wilder, General Counsel Staff, Mayo Building, M-11, Tallahassee, FL 32399- 0800 Mr. Jim Ellis, Office of Citrus License and Bond

Docket for Case No: 08-001201