STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAY NELSON and ERNEST LECLERCQ, ) d/b/a SUN COAST FARMS, )

)

Complainant, )

)

vs. ) CASE NO. 85-0640A

)

1. M. SHIELD, INC., )

   )

   Respondent, )

   and )

   )

   HARTFORD INSURANCE COMPANY )

   OF THE SOUTHEAST, )

   )

   Surety/Co-Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, a formal hearing was conducted in this case on June 3 1985, at Florida City, Florida, before Michael M. Parrish, a duly designated Hearing officer of the Division of Administrative Hearings. The Complainant was represented at the hearing by Ms. Phyllis Ernst. There was no appearance by either the Respondent or the

   Surety/Co-Respondent.

   
   

   INTRODUCTION

   
   

   By notice of hearing issued on April 11, 1985, all parties were notified that the formal hearing in this case would commence at 9:00 a.m. on Monday, June 3, 1985, at the Commission Chambers, Florida City Courthouse, 404 W. Palm Drive, Florida City, Florida. The Hearing Officer arrived at the hearing location at approximately 8:55 a.m. and remained at the hearing location awaiting the arrival of the parties. The representative for the Complainant arrived at approximately 9:00 a.m. The Hearing officer waited until 9:25 a.m. to commence the hearing. The hearing lasted until approximately 9:45 a.m. Following the

   hearing the Hearing Officer remained at the hearing location until approximately 10:30 a.m. At no time between 8:55 a.m. and 10:30 a.m. did any representative of the Respondent or the Surety/Co-Respondent make any appearance.

   ISSUES

   
   

   This case arises from a complaint filed by Jay Nelson and Ernest Leclercq, d/b/a Sun Coast Farms, in which it is asserted that H. M. Shield, Inc., is indebted to the Complainants in the amount of $7,266.20 for agricultural products sold to the Respondent. At the hearing the representative for the Complainant stated that most of the matters asserted in the complaint had been resolved by settlement, but that six items remained in dispute and that the total amount remaining in dispute was $1,041.20. Ms.

   Ernst testified as a witness for the Complainant and also offered several documents as exhibits, which documents were marked as a composite exhibit and received in evidence.

   
   

   FINDINGS OF FACT

   
   

   Based on the testimony of the witness and on the exhibits offered and received in evidence, I make the following findings of fact:

   
   

   1. On February 23, 1984, the Complainant sold agricultural products consisting of Snap Beans, Wax Beans, and Zukes (Lot No. 1116) to the Respondent. At the time of the hearing there was still unpaid and owing the amount of

      $327.00 on this sale.

      
      

   2. On March 8, 1984, the Complainant sold agricultural products consisting of Snap Beans and Wax Beans (Lot No. 1294) to the Respondent. At the time of the hearing there was still unpaid and owing the amount of

      $184.20 on this sale.

      
      

   3. On March 8, 1984, the Complainant sold agricultural products consisting of Wax Beans (Lot No. 1295) to the Respondent. At the time of the hearing there was still unpaid and owing the amount of $184.20 on this sale.

      
      

   4. On March 19, 1984, the Complainant sold agricultural products consisting of Snap Beans and Zukes (Lot No. 1453) to the Respondent. At the time of the hearing there was still unpaid and owing the amount of

      $202.50 on this sale.

      
      

   5. On March 19, 1984, the Complainant sold agricultural products consisting of Snap Beans and Zukes

      (Lot No. 1454) to the Respondent. At the time of the hearing there was still unpaid and owing the amount of

      $110.00 on this sale.

      
      

   6. On March 19, 1984, the Complainant sold agricultural products consisting of Snap Beans and Zukes (Lot No. 1457) to the Respondent. At the time of the hearing there was still unpaid and owing the amount of

      $202.50.

      
      

   7. The total amount owed for agricultural products by the Respondent to the Complainant, which amount was unpaid as of the time of the hearing, is $1,401.20.

      
      

      CONCLUSIONS OF LAW

      
      

      Based on the foregoing findings of fact and on the applicable statutes, rules, and court decisions, I make the following conclusions of law:

      
      

   8. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings. Section 120.57, Florida Statutes.

      
      

   9. Chapter 604, Florida Statutes, provides for the licensing of bonded dealers in agricultural products in this state and a procedure whereby, following the completion of an administrative process which may include a hearing before a Hearing Officer of the Division of Administrative Hearings, the Commissioner of Agriculture may issue a Final Order directing the dealer to pay the sums found due. Upon a failure of the dealer to make such payment, the surety on the bond may be called upon to make good on the bond.

      
      

   10. The competent substantial evidence at hearing establishes that the Respondent is indebted to the Complainant in the amount of $1,401.20 for agricultural products sold to the Respondent.

RECOMMENDATION

On the basis of all of the foregoing, it is recommended that a Final Order be entered directing H. M. Shield, Inc., to pay Jay Nelson and Ernest Leclercq, d/b/a Sun Coast Farms, the amount of $1,401.20 for the agricultural products described in the findings of fact,

above. In the event the Respondent fails to make such payment within 15 days of the Final Order, it is recommended that the surety be required to pay pursuant to the bond.

DONE and ORDERED this 6th day of June, 1985, at Tallahassee, Florida.

Hearings

Hearings

MICHAEL M. PARRISH

Hearing Officer

Division of Administrative

The Oakland Building 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative

this 6th day of June, 1985.

COPIES FURNISHED:

Jay Nelson & Ernest Leclercq d/b/a Sun Coast Farms

P.O. Box 3064

Florida City, Florida 33034

H. M. Shield, Inc. Room 82

State Farmer's Market Pompano Beach, Florida 33060

Hartford Insurance Company of the Southeast

200 East Robinson Street Orlando, Florida 32801

Robert A. Chastain, Esquire Department of Agriculture and

Consumer Services Mayo Building

Tallahassee, Florida 32301

Joe W. Kight, Chief

Bureau of License and Bond Department of Agriculture and

Consumer Services Mayo Building

Tallahassee, Florida 32301

The Honorable Doyle Conner Commissioner of Agriculture The Capitol

Tallahassee, Florida 32301

Docket for Case No: 85-000640

Orders for Case No: 85-000640