STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HENDRY CORPORATION, )

)

Petitioner, )

)

vs. ) CASE NO. 87-5056

) DEPARTMENT OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by and through its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above-styled cause on February 19, 1988, at Tampa, Florida.

APPEARANCES

For Petitioner: John Campbell, Esquire

Post Office Box 1531 Tampa, Florida 33601

For Respondent: Kent L. Weissinger, Senior Attorney

Department of Transportation

4950 West Kennedy Boulevard, Suite 500

Tampa, Florida 33609

By letter dated November 2, 1987, the Hendry Corporation, Petitioner, requested an administrative hearing to contest action proposed by the Department of Transportation (DOT), Respondent, to revoke Hendry Corporation's Certification of Qualification with DOT. As grounds for revocation, DOT cited a violation of the Sherman Antitrust Act by Petitioner.

At the commencement of the hearing, response to Requests for Admission were admitted into evidence as Exhibit 1, and Petitioner stipulated that the offense to which it pled guilty was with respect to a public contract. Thereafter, both parties rested, and the hearing was adjourned. There is no factual dispute.

FINDINGS OF FACT

1. At all times relevant hereto Hendry Corporation held a Certificate of Qualification with DOT.

   
   

2. Subsequent to January 1, 1978, Hendry Corporation pled guilty to an Information charging it with one count of violating 15 U.S.C. 1 in the United States District Court for the Southern District of Florida.

   
   

3. This charge involved bid rigging with respect to a public contract.

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

5. Section 337.165, Florida Statutes, provides in pertinent part: (1)(c) The term "contract crime" means

   any violation of state or federal

   antitrust laws with respect to a public contract . . . .

   (2)(A) No contractor or his affiliate shall be qualified to bid on work let by the department when it is determined that he had subsequent to January 1, 1978, been convicted of a contract crime within the jurisdiction of any state or federal court.

   * * * (b)1. . . . If the department

   determines that the contractor has been convicted of a contract crime, it shall deny or revoke the certificate of the contractor or affiliate for a period of

   36 months.

   
   

6. The offense to which Petitioner pled guilty is a contract crime as defined by statute above quoted. Further, this statute provides a mandatory revocation of a Certificate of Qualification held by any contractor so convicted. It is

RECOMMENDED a Final Order be entered revoking the Certificate of Qualification with DOT of Hendry Corporation for the reason that Hendry Corporation has been convicted of a contract crime with respect to a public contract.

ENTERED this 1st day of March, 1988, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 1st day of March, 1988.

COPIES FURNISHED:

John Campbell, Esquire Post Office Box 1531 Tampa, Florida 33601

Kent L. Weissinger, Esquire Department of Transportation 4950 West Kennedy Boulevard Suite 500

Tampa, Florida 33609

Kaye N. Henderson Secretary

Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399-0450 Atten: Eleanor F. Turner

Thomas H. Bateman III General Counsel

562 Haydon Burns Building Tallahassee, Florida 32399-0450

Docket for Case No: 87-005056

Orders for Case No: 87-005056