Judges: WILLIAM B. THOMAS
Agency: Department of Agriculture and Consumer Services
Latest Update: Apr. 30, 1981
Summary: Petitioner's request for return of confiscated bond denied because gas was allowed to be sold as regular unleaded.
81-0316.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
WILLIAM J. OBI, d/b/a )
NORMANDY TEXACO, )
)
Petitioner, )
)
vs. ) CASE NO. 81-316
)
DEPARTMENT OF AGRICULTURE )
AND CONSUMER SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
PURSUANT TO NOTICE, the Division of Administrative Hearings, by its duly designated Hearing Officer, WILLIAM B. THOMAS, held a public hearing in this case on March 16, 1981, in Jacksonville, Florida. The parties were represented by:
APPEARANCES
For Petitioner: William John Obi, in pro per
1766 Jones Road
Jacksonville, Florida 32220
For Respondent: Robert A. Chastain, Esquire
General Counsel
Department of Agriculture and Consumer Services
Room 513, Mayo Building Tallahassee, Florida 32301
On January 23, 1981, the Respondent issued its stop-sale notice to Normandy Texaco in Jacksonville, for gasoline which did not test up to its registered octane level. Mr. William J. Obi, owner of Normandy Texaco, posted a bond in the amount of $1,000.00 for release of the gasoline, and by request dated February 7, 1981, he petitioned for a hearing to determine if he is entitled to a return of the $1,000.00 bond. The Petitioner testified in his own behalf, after electing to proceed without legal counsel. The Respondent presented the chief of its Petroleum Inspections Bureau as a witness, and introduced one exhibit which was received in evidence.
FINDINGS OF FACT
On January 14, 1981, Normandy Texaco received a load of product consisting of 4,900 gallons of regular, 1,500 gallons of hi-test unleaded, and 2,350 gallons of regular unleaded gasolines. Samples were taken on January 16, and by report issued on January 23 the hi-test unleaded tested at 88.4 octane. This is 2.6 octane less than the registered octane level of 91.0. A stop-sale Notice was issued on January 23.
After posting a bond in the amount of $1,000.00, the hi-test gasoline was released to Normandy Texaco, and pumped into the regular unleaded tank on January 27. Mr. Obi made a claim with Texaco, Inc., whose tanker delivered the gasoline, for mis-delivery by cross pumping the product into his tanks. This claim was settled by payment of $36.16 to Obi by Texaco. These facts are not disputed by the parties.
CONCLUSIONS OF LAW
Pursuant to Section 525.06, Florida Statutes, gasoline that tests below the standard fixed by the Respondent agency is illegal, and subject to confiscation and sale by the Department. Section 525.14, Florida Statutes, authorizes the Department to promulgate rules and regulations for the enforcement of Chapter 525.
Accordingly, Section 5F-2.03, Florida Administrative Code, requires registration of the octane levels of brand name gasolines, and Section 5F-2.02 (1)(d), Florida Administrative Code, provides penalties for gasoline found below standard because of an insufficient octane rating. The prescribed penalties are confiscation and sale by the Department when the antiknock index is found to be more than 2.0 below specification.
Instead, the petitioner was allowed to repump the offending product into the regular unleaded tank where it could be sold. Thus, 1,500 gallons which were subject to confiscation were released to the Petitioner and, presumably, sold at an appropriate profit. In these circumstances, return of the bond is not appropriate.
RECOMMENDATION
Based upon the foregoing findings of fact and Conclusions of Law, it is RECOMMENDED that the Petition of William J. Obi for return of the $1,000.00
bond posted in lieu of confiscation of substandard unleaded gasoline, be denied.
THIS RECOMMENDED ORDER entered on this 2nd day of April, 1981.
WILLIAM B. THOMAS
Hearing Officer
Division of Administrative Hearings Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
Filed with the Clerk of the Division of Administrative Hearings this 2nd day of April, 1981.
COPIES FURNISHED:
Mr. William John Obi 1766 Jones Road
Jacksonville, Florida 32220
Robert A. Chastain, Esquire General Counsel
Department of Agriculture and Consumer Services
Room 513, Mayo Building Tallahassee, Florida 32301
Docket for Case No: 81-000316
Orders for Case No: 81-000316
| Issue Date |
Document |
Summary |
|
Apr. 28, 1981 |
Agency Final Order
|
|
|
Apr. 02, 1981 |
Recommended Order
|
Petitioner's request for return of confiscated bond denied because gas was allowed to be sold as regular unleaded.
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