STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMIR AHMAD,

vs.

Petitioner,

Case No. 17-5293

CITRA-LIFE, INC., AND PLATT RIVER INSURANCE COMPANY, AS SURETY,

Respondents.

/

RECOMMENDED ORDER OF DISMISSAL

The final hearing in this matter was conducted before

1. Bruce Culpepper, Administrative Law Judge of the Division of Administrative Hearings, pursuant to sections 120.569 and 120.57(1), Florida Statutes (2017),1/ on November 30, 2017, in

   Tallahassee, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: No appearance For Respondent: No appearance

   STATEMENT OF THE ISSUE

   
   

   The issue is whether Respondent, Citra-Life, Inc., LLC, is indebted to Petitioner for the purchase of citrus fruit; and, if so, in what amount.

   
   

   PRELIMINARY STATEMENT

   
   

   On June 7, 2017, Petitioner, Amir Ahmad, filed a complaint with the Department of Agriculture and Consumer Services (the “Department”) asserting that he was not fully compensated for his sale of citrus fruit to Respondent, Citra-Life, Inc. (“Citra- Life”).

   The Department referred this matter to the Division of Administrative Hearings (“DOAH”) on September 14, 2017, and requested assignment of an Administrative Law Judge to conduct a chapter 120 evidentiary hearing.

   On October 13, 2017, the undersigned scheduled a final hearing on this matter on November 30, 2017. A Notice of Hearing was issued notifying the parties of the date, time, and location of the final hearing, and other pertinent procedures. The Notice of Hearing was mailed to Petitioner and Respondents at their respective addresses of record.

   FINDINGS OF FACT

   
   

   1. The final hearing was convened, as duly noticed, on November 30, 2017, at 9:30 a.m. Neither party appeared at the final hearing. No evidence was presented by either party. Prior to the final hearing, neither party filed any correspondence or motions with DOAH requesting a continuance of, or objecting to, the hearing date.

      
      

      CONCLUSIONS OF LAW

      
      

   2. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding pursuant to sections 120.569 and 120.57(1).

   3. Absent specific statutory authority, the burden of proof is on the party asserting the affirmative of an issue in an administrative proceeding. Antel v. Dep’t of Prof’l Reg.,

      522 So. 2d 1056 (Fla. 5th DCA 1988); Balino v. Dep’t of HRS,

      
      

      348 So. 2d 349 (Fla. 1st DCA 1977). The preponderance of the evidence standard is applicable to this case. See § 120.57(1)(j),

      Fla. Stat.; Dep’t of Banking & Fin., Div. of Sec. & Investor Prot. v. Osborne Stern & Co., 670 So. 2d 932 (Fla. 1996).

      Accordingly, Petitioner has the burden of proving, by a preponderance of the evidence, that Citra-Life is indebted to him for certain services described in his complaint to the Department.

   4. By failing to appear at the final hearing, Petitioner failed to present any evidence to meet his burden. Consequently, Petitioner did not prove that he is due to be paid by Citra-Life

in any amount.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Agriculture and Consumer Services enter a final order dismissing Petitioner’s complaint against Citra-Life.

DONE AND ENTERED this 1st day of December, 2017, in Tallahassee, Leon County, Florida.

S

J. BRUCE CULPEPPER Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 1st day of December, 2017.

ENDNOTE

1/ All statutory references are to Florida Statutes (2017), unless otherwise noted.

COPIES FURNISHED:

W. Alan Parkinson, Bureau Chief Bureau of Mediation and Enforcement Department of Agriculture and

Consumer Services Rhodes Building, R-3 2005 Apalachee Parkway

Tallahassee, Florida 32399-6500 (eServed)

Amir Ahmad

4678 San Paulo Court Lakeland, Florida 33813

Platte River Insurance Company Attn: Claims Department

Post Office Box 5900

Madison, Wisconsin 53705-0900

Citra-Life Inc.

176 Highway 630 East Frostproof, Florida 33843

Honorable Adam Putnam Commissioner of Agriculture Department of Agriculture and

Consumer Services

The Capital, Plaza Level 10 Tallahassee, Florida 32399-0810

Lorena Holley, General Counsel Department of Agriculture and

Consumer Services Mayo Building, Room 520

407 South Calhoun Street Tallahassee, Florida 32399-6500 (eServed)

Tina Robinson

Department of Agriculture and Consumer Services

Rhodes Building, R-3 2005 Apalachee Parkway

Tallahassee, Florida 32399-6500 (eServed)

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 17-005293

Orders for Case No: 17-005293