Petitioner: BENT OAK FARM, INC.
Respondent: ABOVE ALL LAWN CARE AND LANDSCAPING, INC.; AND HARTFORD FIRE INSURANCE COMPANY
Judges: T. KENT WETHERELL, II
Agency: Department of Agriculture and Consumer Services
Locations: Ocala, Florida
Filed: Feb. 06, 2004
Status: Closed
Recommended Order on Wednesday, June 9, 2004.
Latest Update: Jul. 30, 2004
Summary: Petitioner is entitled to payment of $6,494.90 from Respondent and/or its surety for trees purchased but not paid for by Respondent.
le-9 -O4
ae
op
STATE OF FLORIDA on @, ORS
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, “> *
Ne Va
Bent Oak Farm, Inc. _ we
Ar [KW -t Los
DOAH CASE NO. 04-0432
vs LB CASE NO. 04-0018
FINAL ORDER
Petitioner,
Above All Lawn Care & Landscaping, Inc., and
Hartford Fire Insurance Company,
Respondents.
/
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 27, 2003, the Petitioner, Bent
Oak Farm, 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 $6,507.68 for trees 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 Hartford Fire Insurance Company in the amount
of $4,999. Subsequent to the Department’s entry of its Order, the Respondent filed an
ANSWER OF RESPONDENT to the complaint wherein they denied the claim as valid and
admitted to an indebtedness of zero. A hearing was not requested by the Respondent, but was
requested by the Department due to disputed issues of fact. Therefore, this matter was
referred to the Division of Administrative Hearings 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 April 14, 2004. During the hearing, a settlement agreement was reached by
the parties. On April 15, 2004, the Judge issued an ORDER PLACING CASE IN
ABEYANCE, and on May 18, 2004, the Judge issued a second NOTICE OF HEARING,
An Administrative Hearing was held in this matter on June 3, 2004. The Administrative Law
Judge (“Judge”) rendered his Recommended Order on June 9, 2004, a copy of which is
attached hereto as Exhibit A, to which neither party filed written exceptions with this
Department.
The record consists of this Department’s file in this matter.
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 toto as this agency’s findings of fact.
2. The Judge’s conclusions of law are adopted in toto as this agency’s conclusions
of law.
3. The Judge’s recommendation that the Respondent, Above All Lawn Care &
Landscaping, Inc. pay Petitioner $6,494.90 is hereby adopted. For purposes of this Final
Order consistent with the requirements of Sections 604.21(7) and (8), Florida Statutes,
payments shall be made within fifteen (15) days after this Final Order is adopted. In the event
Respondent fails to pay Petitioner $6,494.90 within fifteen (15) days of the Final Order,
Hartford Fire Insurance 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. The Department will notify the Surety in the event it (the Surety) is required to
pay. This Order is final and effective on the date filed with the Clerk of the Department.
Any party to these proceedings adversely affected by this Final Order is entitled to seek
review of this Final Order pursuant to Section 120.68, Florida Statutes (2002) and Rule 9.110,
Florida Rules of Appellate Procedure (2003). 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. A copy of the petition for review or notice of appeal, accompanied by the
filing fees prescribed by law must also be filed with the appropriate District Court of Appeal
within thirty (30) days of the date this Order was filed with the Agency Clerk.
+h
DONE AND ORDERED this) day of.) «) \ , ___, 2004.
CHARLES H. BRONSON
COMMJSSIONER AGRICUL
ODE
Assistant Commissioner of Agriculture
+h
Filed with Agency Clerk this 96 day of __,) v , 2004.
Onn 4 r ——————e
y Clerk
COPIES FURNISHED TO:
Judge T. Kent Wetherell, IT
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
Mr. Daniel I. Lawrence, Registered Agent
Above All Lawn Care & Landscaping, Inc.
3444 SE 13" Street
Ocala, FL 34471
(Certified No. 7160 3901 9848 4846 3856)
Mr. Scott Cochrane, Assistant Vice President
Hartford Fire Insurance Company
Hartford Plaza, T-4
Hartford, CT 06115
(Certified No. 7160 3901 9848 4846 3849)
Ms. Mary Ann Feldman, President
Bent Oak Farm, Inc.
13301 S. Hwy. 475
Ocala, FL 34480
(Certified No. 7160 3901 9848 4846 3832)
Mr. Daniel I. Lawrence, President
Above All Lawn Care & Landscaping, Inc.
P. O. Box 2772
Ocala, FL 34478
(Certified No. 7160 3901 9848 4846 3795)
Mr. Jim Niemann
Bent Oak Farm, Inc.
13301 S. Hwy. 475
Ocala, FL 34480
(Certified No. 7160 3901 9848 4846 3818)
Mr. Robert K. Grennan, Fidelity and Surety Claim Department
Hartford Fire Insurance Company
Hartford Plaza, T-4
Hartford, CT 06115
(Certified No. 7160 3901 9848 4846 3825)
Mr. Jim Brooks, Field Representative
Docket for Case No: 04-000432
Issue Date |
Proceedings |
Jul. 30, 2004 |
Final Order filed.
|
Jul. 06, 2004 |
Undeliverable envelope returned from the Post Office.
|
Jun. 09, 2004 |
Recommended Order (hearing held April 14 and June 3, 2004). CASE CLOSED.
|
Jun. 09, 2004 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Jun. 03, 2004 |
CASE STATUS: Hearing Held. |
May 20, 2004 |
Letter to D. Frost from B. Hyatt confirming the request for Court Reporter services filed.
|
May 20, 2004 |
Letter to DOAH from J. Niemann requesting the hearing be reset (filed via facsimile).
|
May 18, 2004 |
Notice of Hearing (hearing set for June 3, 2004; 11:00 a.m.; Ocala, FL).
|
Apr. 15, 2004 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by May 19, 2004).
|
Apr. 14, 2004 |
CASE STATUS: Hearing Held. |
Feb. 20, 2004 |
Letter to D. Montana from B. Hyatt confirming the request for Court Reporter services filed.
|
Feb. 16, 2004 |
Notice of Hearing (hearing set for April 14, 2004; 10:30 a.m.; Ocala, FL).
|
Feb. 11, 2004 |
Initial Order Response (filed by Petitioner via facsimile).
|
Feb. 06, 2004 |
Order filed.
|
Feb. 06, 2004 |
Producer Complaint filed.
|
Feb. 06, 2004 |
Amendment filed.
|
Feb. 06, 2004 |
Notice of Filing of an Amended Complaint filed.
|
Feb. 06, 2004 |
Memo to Jess from R. Grennan acknowledging receipt of complaints filed.
|
Feb. 06, 2004 |
Answer of Respondent filed.
|
Feb. 06, 2004 |
Agency referral filed.
|
Feb. 06, 2004 |
Initial Order.
|
Orders for Case No: 04-000432
Issue Date |
Document |
Summary |
Jul. 28, 2004 |
Agency Final Order
|
|
Jun. 09, 2004 |
Recommended Order
|
Petitioner is entitled to payment of $6,494.90 from Respondent and/or its surety for trees purchased but not paid for by Respondent.
|