STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

1. "BUSTER" WILLIAMS, )

   )

   Petitioner, )

   )

   vs. ) CASE NO. 93-5869A

   )

   DOUGAL M. BUIE, III, d/b/a ) BLUE STAR CITRUS AND VEGETABLES, ) and FIRST UNION NATIONAL BANK ) OF FLORIDA, )

   )

   Respondents. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, the above-styled matter was heard before the Division of Administrative Hearings by its duly designated Hearing Officer, Daniel M. Kilbride, on March 15, 1994, by telephone conference call to the parties in Taveres, Florida. The following appearances were entered:

   
   

   APPEARANCES

   
   

   For Petitioner: Robert Vason, Esquire

   Potter, Vason and Clements

   308 East Fifth Avenue Mount Dora, Florida 32757

   
   

   For Respondent, Lewis Stone, Esquire Dougal M. Buie: Post Office Box 2048

   Eustis, Florida 43737-2048

   
   

   For Respondent,

   First Union: No appearance

   
   

   STATEMENT OF THE ISSUES

   
   

   Whether Respondent owes Petitioner $14,080 on account for vegetables sold and delivered at the request of Respondent.

   
   

   PRELIMINARY STATEMENT

   
   

   On August 13, 1993, Petitioner filed a complaint with the Florida Department of Agriculture and Consumer Services alleging that Respondent, Buie, owed Petitioner the sum of $14,080 for vegetables sold and delivered.

   Respondent filed an answer. Subsequently, this matter was referred to the Division of Administrative Hearings to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes.

   At the hearing, Respondent, First Union Bank, did not appear after being duly noticed of the hearing. Petitioner and the Respondent stipulated to the essential facts as alleged in the Complaint and both parties waived their right to offer evidence. A transcript of the hearing was not provided by the parties. Both Petitioner and Respondent waived the filing of proposed findings of fact in this matter.

   
   

   Based upon the stipulation of the Petitioner and Respondent, the following findings of fact are determined:

   
   

   FINDINGS OF FACT

   
   

   1. Petitioner, M.O. "Buster" Williams, is an agent for the producers of agricultural products, carrots, red radishes and white corn.

      
      

   2. Respondent, Dougal M. Buie, III, d/b/a Blue Star Citrus and Vegetables, is a dealer of such products in the normal course of its business activity.

      
      

   3. Respondent is licensed by the Department of Agriculture and Consumer Services and is bonded by First Union National Bank of Florida.

      
      

   4. Petitioner sold Respondent carrots, red radishes and white corn by the truck load between the period May 19, 1993 and June 14, 1993, and was given a Bill of Lading therefor. Respondent was sent an Invoice for each shipment and payment was due in full following receipt of the Invoice.

      
      

   5. As of the date of the formal hearing, each invoice for shipments made between May 19 and June 14, 1993 remains due and owing and unpaid.

      
      

   6. The total amount of indebtedness owed by Respondent, Buie, to Petitioner is $14,080.00.

      
      

      CONCLUSIONS OF LAW

      
      

   7. The Division of Administrative Hearings has jurisdiction over the subject matter of this proceeding, and the parties thereto, pursuant to subsection 120.57(1), Florida Statutes.

      
      

   8. Dealers of agricultural products are licensed by the Department of Agriculture and Consumer Services. Section 604.17. Florida Statutes. Dealers must post a bond or other security as a precondition to licensure, insuring payment to producers for all agricultural products purchased. Section 604.19 and 604.20, Florida Statutes. The vegetables in question are agricultural products. Section 604.15(3), Florida Statutes.

      
      

   9. Any person claiming to have been damaged by the breach of the conditions of a bond given by a licensed agricultural dealer, such as Respondent, may file a complaint against the dealer and its surety. Section 604.21, Florida Statutes.

      
      

   10. Respondent stipulates that he received delivery of the vegetables in May and June, 1993; that the invoice is correct; and that the amount claimed by Petitioner is correct. Therefore, the claimed amount is due, owing and unpaid to the Petitioner.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered requiring Respondent to pay to

the Petitioner the sum of $14,080.00

DONE and ENTERED this 16th day of March, 1994, in Tallahassee, Leon County, Florida.

DANIEL M. KILBRIDE

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904)488-9675

Filed with the Clerk of the Division of Administrative Hearings this 16th day of March, 1994.

COPIES FURNISHED:

Honorable Bob Crawford Commissioner of Agriculture The Capitol, PL-10

Tallahassee, Florida 32399-0810

Richard Tritschler General Counsel The Capitol, PL-10

Tallahassee, Florida 32399-0810

Brenda Hyatt, Chief

Bureau of Licensing & Bond Department of Agriculture

508 Mayo Building

Tallahassee, Florida 32399-0800

Robert F. Vason, Jr., Esquire Potter, Vason and Clements

308 East Fifth Avenue Mount Dora, Florida 32757

M.O. Buster Williams 1412 Raintree Lane

Mount Dora, Florida 32757

Lewis Stone, Esquire

P. O. Box 2048

Eustis, Florida 32727-2048

First Union National Bank of Florida

21 North Grove Street Eustis, Florida 32726

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to the Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should consult with the agency that will issue the Final Order in this case concerning their rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 93-005869

Orders for Case No: 93-005869