STATE OF FLORIDA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Richard Sapp, d/b/a Richard Sapp Farms,

Petitioner,

vs. DOAH CASE NO: 99-5375A

LB CASE NO. 00-0026

Horizon Produce Sales, Inc., and Gulf Insurance Company,

Respondents.

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FINAL ORDER

THIS CAUSE, arising under Florida's "Agricultural License and Bond Law" (Sections 604.15-604.34), Florida Statutes, came before the Commissioner of Agriculture of the State of Florida for consideration and final agency action. On October 4, 1999, the Petitioner, Richard Sapp, d/b/a Sapp Farms, a producer of agricultural products as defined by Section 604.15 (5), Florida Statutes, timely filed an administrative complaint pursuant to Section 604.21, Florida Statutes, to collect $5,484.50 for tomatoes he sold to Respondent, a licensed dealer in agricultural products. Respondent's license for the time in question was supported by a bond required by Section 604.20, Florida Statutes, written by Gulf Insurance Company in the amount of $16,000. The Respondent filed an answer to the complaint and requested a hearing. Therefore, this matter was referred to the Division of Administrative Hearings (DOAH) for an administrative hearing in accordance with the provisions of Section 120.57 (1), Florida Statutes. An administrative hearing was held in this matter on February 16, 2000. The Administrative Law Judge (Judge) rendered his Recommended Order on May 24, 2000, a copy of which is attached hereto as Exhibit A, to which neither party filed written exceptions with this Department.

Upon the consideration of the foregoing and being otherwise fully advised in the premises, it is

ORDERED:

1. The Judge's findings of fact are adopted In tote as this agency's findings of fact.

2. The Judge's conclusions of law are adopted In tote as this agency's conclusions of law.

   
   

3. The Judge's Recommendation is modified to reflect that Respondent, Horizon Produce Sales, Inc., pay Petitioner $5,484.50 within fifteen (15) days after this Order becomes final. This Order is final and effective on the date filed with the Clerk of the Department. The Judge's Recommendation is further modified to stipulate that in the event Respondent fails to pay Petitioner

$5,484.50 within fifteen (15) days of the Final Order, Gulf Insurance Company, as Surety for Respondent is hereby ordered to provide payment under the conditions and provisions of the bond to BOB CRAWFORD, COMMISSIONER OF AGRICULTURE AND CONSUMER

SERVICES, as Obligee on the Bond. Should responsibility for payment evolve to the Surety, Gulf Insurance Company will be notified by this office.

Any party to these proceedings adversely affected by this Final Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Florida Rules of Appellate Procedure. Review proceedings must be instituted by filing a petition or notice of appeal with the Agency Clerk, 5th Floor, Mayo Building, Tallahassee, FL 32399-0800, and a copy of same with the appropriate District Court of Appeal within thirty

(30) days of rendition of this Order.

DONE AND ORDERED this 30th day of June, 2000.

BOB CRAWFORD

COMMISSIONER OF AGRICULTURE

TERRY L. RHODES

Assistant Commissioner of Agriculture Filed with Agency Clerk this 30th day of June, 2000.

Agency Clerk

COPIES FURNISHED:

Mr. Richard Sapp

Richard Sapp, dtbta Sapp Farms 4720 Gallagher Road

Plant City, FL 33565

Mr. Donald Hinton, President Horizon Produce Sales, Inc.

P.O. Box 70 Sydney, FL 33587

Judge William R. Cave, Administrative Law Judge Division of Administrative Hearings

The DeSoto Bldg., 1230 Apalachee Parkway Tallahassee, FL 32399-3060

Mr. Michael E. Riley, Esquire RUMBERGER, KIRK & CALDWELL

301 South Bronough Street, Suite 600

P.O. Box 10507 Tallahassee, FL 32302

Gulf Insurance Company Legal Department

P.O. Box 1771

Dallas, TX 75221-1771

Mr. Mark Moritz Field Representative

Docket for Case No: 99-005375

Orders for Case No: 99-005375