Py STATE OF FLORIDA EN GE AB DEPARTMENT OF AGRICULTURE AND CONS SEBYICES aneltlsioy “05 £ CNIS TS OF Sanzone Brokerage, Inc., Petitioner, DOAH CASE NO.: 01-4392 vs LB CASE NO.: 02-0017 FINAL ORDER y Caloosa Marketing, Inc., and ll? Old Republic Surety Company, Respondents, qi / FINAL ORDER THIS CAUSE, arising under Florida’s “Agricultural License and Bond Law” (Sections 604.15-604.31), Florida Statutes, came before the Commissioner of Agriculture of the State of Florida for consideration and final agency action. On August 20, 2001, the Petitioner, Sanzone Brokerage, Inc., as an Agent for producers of agricultural products, timely filed an administrative compiaint pursuant to Section 604.21, Florida Statutes, to collect $29,528.90 for tomatoes 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 Old Republic Surety Company in the amount of $20,000. The Respondent’s answer denied the claim as valid, admitted no indebtedness and alleged the Complainant was not an Agent for Florida Producers and acted as a buying broker, which cannot file a complaint under the License and Bond Law. A hearing was not requested by the Respondent, but was requested by the Department due to disputed issues of fact. Prior to the scheduling of a hearing, the attorney for the Petitioner and the Respondent filed a STIPULATION AND CONSENT JUDGEMENT (Stipulation) wherein the Respondent stipulates that they are justly indebted to the Petitioner as alleged in the complaint. Accordingly, based on the Stipulation, DOAH issued an ORDER CLOSING FILE and relinquished jurisdiction to this Department for the entry of a Final Order. Upon the consideration of the foregoing and being otherwise fully advised in the premises, it is ORDERED: That Respondent, Caloosa Marketing, Inc., pay Petitioner $29,528.90 for the 2000/2001 License and Bond year 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 $29,528.90 within fifteen (15) days of the Final Order, Old Republic 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 responsibility for payment evolve to the Surety, Old Republic 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- 0800, and a copy of same with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order. 4h DONE AND ORDERED this dy day of Ay yt | , 2002. TERRY L. RHODES Assistant Commissioner of Agriculture th Filed with Agency Clerk this Qy day of A 4) ve | , 2002. / 4 -| O2mn ency Clerk COPIES FURNISHED TO: Mr. Frank Sanzone, Registered Agent, Sanzone Brokerage, Inc., 3704 US Hwy 301, Ste. 7, Ellenton, FL 34222 Mr. Mark W. Risher, President, Caloosa Marketing, Inc., P.O. Box 2812, Immokalee, FL 34143 Mr. Michael A. Jankowski, Senior V.P. - Claims, Old Republic Surety Company, P.O. Box'1635, Milwaukee, WI 53201 Thomas B. Bacon, Esquire, Attorney-At-Law, 1515 Grant Street, Hollywood, FL 33020 Judge William R. Cave, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060 Messrs. David Bokan & Mark Moritz, Field Representatives

Docket for Case No: 01-004392