STATE OF FLORIDA DEPARTMENT OF CORRECTIONS THE SHERWIN-WILLIAMS COMPANY DC CASE NO.: DC-06-42 DOAH CASE NO.: 05-3344F Petitioner, V5. STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS, Respondent. / FINAL ORDER This matter comes before the Department of Corrections (“Department”) for consideration and final agency action. On July 14, 2006, Petitioner The Sherwin-Williams Company (“Sherwin-Williams”) and. Respondent Department stipulated to the entry of an Order of the Division of Administrative Hearings relinquishing jurisdiction in this cause to the Department upon the agreement of Sherwin-Williams to pay the Department the sum of $1481.42, in costs and charges incurred by the Department in Case No. 05-1547BID. In return for this payment of such costs and charges, the Department has agreed to release Sherwin- Williams from its liability to pay such costs and discharge and return the bond posted by Sherwin-Williams consistent with section 287.042 (2) (c), Florida Statutes. A copy of the stipulated motion relinquishing jurisdiction is attached hereto as Appendix “A.” Accordingly, it is ORDERED that: Sherwin-Williams shall pay the Department the sum of $1481.42, in costs and charges incurred in Case No. 05-1547BID, and upon payment of such sum the Department shall release Sherwin-Williams from its liability to pay such costs, and discharge and return the bond posted by Sherwin-Williams consistent with section 287.042 (2) (c), Florida Statutes. This order may be appealed within thirty days by filing a notice of appeal with the agency and the district court of appeal. Except in cases of indigence, the court will require a filing fee and the agency will require payment for preparing the record on appeal. For further explanation of the right to appeal, refer to Section 120.68, Florida Statutes, and the Florida Rules of Appellate Procedure DONE AND ORDERED this A/ or day of , 2006, in Tallahassee, Florida. AMES R. McDONOUGH SECRETARY 2006. aN Filed in the official records of the Department of Corrections on this BY “ay of Agency Clerk Copies furnished to: Barbara J. Staros Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee parkway Tallahassee, Florida 32399-3060 nN Michael E. Riley, Esquire Gray, Robinson P.A. Post Office Box 11189 Tallahassee, Florida 32302-3189 Susan P. Stephens, Esquire Richard Joseph Saliba, Esquire Department of Corrections Assistant General Counsel 2601 Blair Stone Road Tallahassee, Florida 32399-2500 Lisa Bassett, Bureau Chief Bureau of Procurement and Supply Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 STATE OF FLORIDA 2004 OS® fhe, Lf DIVISION OF ADMINISTRATIVE HEARINGS My Alp, THE SHERWIN-WILLIAMS COMPANY . aps “si I: 00 : ISP Op Petitioner, CAR iy A yp vs. DOAH Case No. 05-3344F DOC ITB No. 04-DC-7597-DC STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS, Respondent. STIPULATED MOTION TO RELINQUISH JURISDICTION Petitioner The Sherwin-Williams Company (“Sherwin-Williams”) and Respondent State of Florida, Department of Corrections (“Department”) hereby move for an Order relinquishing jurisdiction of the Division of Administrative Hearings in this cause and state in support: 1. This cause was initiated by Department’s Motion to Tax Costs requesting the Order of the Administrative Law Judge to tax costs incurred by the Department in Case No. 05- 1547BID against Sherwin-Williams in the sum of $1481.42, 2. Following the filing of the Petition, the parties reached an agreement that obviates the need for a formal hearing in this proceeding. Sherwin-Williams has agreed to pay the Department, within ten (10) days of the entry of the final order on costs, the swn of $1481.42, in costs and charges incurred in Case No. 05-1547BID, and upon payment of such sum the Department has agreed to release Sherwin-Williams from its liability to pay such costs, and discharge and retum the bond posted by Sherwin-Williams consistent with section 287.042 (2) (c), Florida Statutes. 3. Therefore, Sherwin-Williams and the Department have jointly agreed to move for the return of jurisdiction over this cause to the Department so that the Department can issue a final order consistent with the agreement of the parties. 4... Undersigned counsel for Sherwin-Williams has conferred with counsel for the Department and is authorized to represent that the Department concurs in this Motion. WHEREFORE, Sherwin-Williams and the Department request that the Administrative Law Judge enter an Order relinquishing jurisdiction in this cause to the Department so that the Department can issue a Final Order consistent with the agreement of the parties. Dated this (ada day of July, 2006. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of this document was served on Richard Joseph Saliba, Department of Corrections, 2601 Blair Stone Road, Tallahassee, FL 32399-2500 by Hand Delivery or electronic transmission this (4-day of July, 2006. MICHAEL E. RILEY Florida Bar No. 0794650 GRAYROBINSON, P.A. Post Office Box 11189 Tallahassee, Florida 32302-3189 Telephone: 850-222-7717 Telecopier: 850-222-3494 Attorneys for Petitioner, The Sherwin-Williams Company # 16306 vi Nw

Docket for Case No: 05-003344F