STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER snl _ King Ranch, Inc., Petitioner, DOAH CASE NO.: 01-1829A ys LB CASE NO.: 01-0022 FINAL ORDER ~ J.C. & Sons, Iné., and Cumberland Casualty & Surety Company, Respondents, :: THIS CAUSE, arising under Florida’ s * Agriculeral Lic e and Bond Law’ Sections 604.15-604,34), Florida Statutes, came before the Commissioner of Agriculture 0 of: the sue of Florida for consideration and final agency action. On March 29, 2001, the Petitioner, King Ranch, Inc., 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 $87,900 for sod they 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 Cumberland Casualty & Surety Company in the amount of $21,000. The Respondent filed an answer to the complaint wherein they denied the complaint as being valid and requested a hearing. Therefore, this matter Administrative Hearings (DOAH) for an administrative hearing in accordance with the provisions of Section 120.57 (), Florida Statutes. An administrative hearing was scheduled in this matter for August 1, 2001. On June 11, 2001 the Administrative Law Judge (Judge) with TDO-CLos PRO DOAH issued an ORDER wherein she ordered the Respondent to provide specific information regarding the DOAH proceeding. The Respondent failed to respond to the June 11, 2001 ORDER, therefore, the Judge issued a second ORDER dated July 12, 2001 and gave the - -. Respondent until July 18, 2001 to respond. The Judge additionally stated that a failure to Tespond would be deemed a withdrawal of their request for hearing. The Respondent failed to respond to the Judge’s July 12, 2001 ORDER, therefore, on July 27, 2001, the Judge issued an ORDER CLOSING FILE and relinquished the matter to the Department. The Judge recommended the Department issue a Final Order sustaining the Petitioner’s claim for relief. Upon the consideration of the foregoing and being otherwise fully advised in the premises, it is ORDERED: That Respondent, J.C. & Sons, Inc., pay Petitioner $87,900 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. This Order further specifies that in the event Respondent fails to pay _ Petitioner $87,900 within fifteen (15) days of the Final Order, Cumberland Casualty & Surety Company, as Surety for Respondent is hereby ordered to provide payment under the conditions and provisions of the bond to CHARLES H. BRONSON, COMMISSIONER OF AGRICULTURE AND CONSUMER SERVICES, as Obligee on the Bond. Should : “Fesponsibility for: payment éi evolve to othe Surety, Cumberland Casualty & Surety 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, 5" Floor, Mayo Building, Tallahassee, FL 32399- 91 ace SRO 0800, and a copy of same with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order. +h DONE AND ORDERED this /3 day of Avsust , 2001. : _ i “CHARLES H. BRONSON YW AGRICULTURE | Li f, ae Mi) JAA TERRY I. RHODES Assistant/Commissioner of Agriculture . th Filed with Agency Clerk this 13 day of A b 3 }