The Issue Does Respondent Consolidated Services, Inc. (CSI) owe Petitioner Richard Sapp Farms, Inc. (Sapp Farms) $24,677.66 as alleged in the Amended Complaint filed herein by Sapp Farms?
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: At times pertinent to this proceeding, Sapp Farms was a "producer," as defined in Section 604.15(5), Florida Statutes, of agricultural products in the State of Florida. Squash and eggplant come within the definition of "agricultural products" as defined in Section 604.15(3), Florida Statutes. CSI is a Florida Corporation, owned entirely by Robert "Bo" Allen, and located in Pompano Beach, Florida. At times pertinent to this proceeding, CSI was licensed as a "dealer in agricultural products" as defined in Section 604.15(1), Florida Statutes. CSI was issued License Number 8873 by the Department, which is supported by Bond Number L&P 66186 in the amount of $25,000.00 written by Respondent New York Surety Company, as Surety, with an Inception Date of November 18, 1997, and an Expiration Date of November 17, 1998. Sometime in early April or May 1998, Sapp Farms entered into a verbal contract with CSI, through its agents, to furnish CSI with fresh vegetables during the spring and summer of 1998. From early May 1998 through July 1998, Sapp Farms furnished CSI with eggplant and squash. From June 1, 1998 through August 8, 1998, CSI paid Sapp Farms a total of $51,300.00 for eggplant and squash furnished to CSI. The Complaint was timely filed by Sapp Farms in accordance with Section 604.21(1), Florida Statutes. Sapp Farms alleges in its Complaint that CSI owes Sapp Farms $24,677.06 for eggplant and squash furnished to CSI from early May 1998 through July 1998, for which CSI has not made any payment or has only made partial payment. Sapp Farms failed to present sufficient evidence to establish facts to show an accurate or reliable market price for eggplant or squash during the period in question. Michelle Sapp, the person who gathered the information concerning the market prices, testified that she: (a) did not view the market reports for each day in question; (b) did not remember what geographic area the market reports she viewed pertained to; (c) did not know whether the market prices she viewed were "shipping point" or "terminal point" prices; (d) did not know what the range was for market price each day; and (e) did not know where in the range she chose to establish the market price. Sapp Farms contends that CSI agreed to pay a minimum price of $4.00 for squash and $5.00 for eggplant. Richard Sapp testified that CSI agreed to pay Sapp Farms a minimum price of $4.00 for squash and $5.00 for eggplant. However, I find that Richard Sapp's testimony lacks credibility in this regard due to the fact that this alleged "minimum price" applied regardless of the grade, which is highly unlikely. There is insufficient evidence to establish facts to show that CSI agreed to pay Sapp Farms a minimum price for eggplant and squash. The following is a listing of the eggplant and squash delivered to CSI by Sapp Farms for which CSI has failed to pay Sapp Farms: Date Product Grade Quantity *Price Amount Owed Ticket 6/10/98 Eggplant Fancy 208 $ 4.75 $ 988.00 422 6/10/98 Squash (CN) No. 2 4 $ 6.75 $ 27.00 425 6/15/98 Eggplant Fancy 160 $ 4.40 $ 704.00 443 6/16/98 Squash (SN) Fancy 80 $ 6.25 $ 500.00 447 6/16/98 Squash (SN) Medium 80 $ 4.25 $ 340.00 447 6/16/98 Squash (CN) No. 1 10 $ 8.50 $ 85.00 447 6/20/98 Squash (SN) Medium 47 $ 4.50 $ 211.50 466 6/27/98 Squash (CN) No. 1 126 $ 4.90 $ 617.40 497 6/27/98 Squash (CN) No. 2 59 $ 3.75 $ 221.25 497 6/29/98 Squash (CN) No. 1 113 $10.00 $1,130.00 502 6/29/98 Squash (SN) Fancy 154 $ 2.00 $ 308.00 502 7/07/98 Squash (CN) No. 2 20 $ 5.25 $ 105.00 509 7/08/98 Squash (CN) No. 1 13 $ 9.50 $ 123.50 515 7/08/98 Squash (CN) No. 2 20 $ 5.75 $ 115.00 515 Total $5,475.65 *Prices used in this calculation are the same as the price paid by CSI to Sapp Farms for the same product, with the same grade, on the same day or the nearest day to that day.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law and the mitigating circumstances, it is recommended that the Department enter a final order granting Sapp Farms relief by ordering CSI to pay Sapp Farms the sum of $5,475.65. DONE AND ENTERED this 27th day of August, 1999, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6947 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1999. COPIES FURNISHED: Honorable Bob Crawford Commissioner of Agriculture The Capitol, Plaza Level 10 Tallahassee, Florida 32399-0810 Richard Tritschler, General Counsel Department of Agriculture and Consumer Services The Capitol, Plaza Level 10 Tallahassee, Florida 32399-0810 Brenda Hyatt, Chief Bureau of Licensing and Bond Department of Agriculture and Consumer Services 508 Mayo Building Tallahassee, Florida 32399-0800 David H. Galloway, P.A. Attorney at Law 506 North Alexander Street Post Office Box 848 Plant City, Florida 33564-0848 Robert E. Goldman, Esquire 1543 Seventh Street, Suite 202 Santa Monica, California 90401 Joseph Monahan New York Surety Company 123 William Street New York, New York 10038-3804
The Issue The ultimate issue for determination at formal hearing was whether Lester Towell Distributors, Inc., is indebted to Carol Vreeland for produce, i.e., squash, sold to Lester Towell Distributors by Carol Vreeland's son, Kurt Vreeland, as grower.
Findings Of Fact Richard Vreeland and Carol Vreeland (Petitioner) are husband and wife. Kurt Vreeland is their adult son. Kurt Vreeland did not appear at the hearing. In prior years before the incident in this case, Richard Vreeland had grown and sold produce. However, for the 1992 season, because of a neck injury, he had decided not to grow and sell produce. Kurt Vreeland who had no experience in the growing of produce convinced his parents to allow him to grow and sell the produce, i.e., squash. Petitioner and her husband agreed but placed certain conditions on their son. The conditions were that Kurt Vreeland would rent the land from his parents and that from the proceeds of the sale of the squash, he would reimburse his parents for the expenses they incurred in growing the produce and that Kurt Vreeland would receive the balance of the proceeds from the sale of the squash. The squash was grown on land owned by Petitioner and her husband. Supervision for the crop of squash was performed by Rodney Willis. Willis had an oral agreement with Kurt Vreeland to supervise the growing of the crop of squash, and in return Kurt Vreeland would pay him for his services and labor expenses that he, Willis, incurred. Willis was aware that the squash would be transported to Lester Towell Distributors, Inc. (Respondent) for sale. Willis has never received any payment from Kurt Vreeland for his services or the labor expenses that he incurred. Respondent is a company in the business of selling produce for growers at a commission plus expenses. On or about April 1, 1992, an individual who identified himself as Kurt Vreeland, offered to sell squash to Respondent. Respondent had no reason to doubt that the individual was Kurt Vreeland. No evidence was presented that the individual was not Kurt Vreeland. On April 14, 1992, a "Packing and Sales Agreement" (Agreement) was entered into by Kurt Vreeland and Respondent, represented by Fred Towell who is Respondent's President. On April 16, 1992, the Agreement was executed by them. In the Agreement, Kurt Vreeland was specifically referred to as "Grower," and Respondent, at times, as "Grower's Agent." The Agreement states in pertinent part: [W]hereas, Grower desires to retain LESTER TOWELL DISTRIBUTORS, INC. as its agent for the purpose of sale of the Grower's produce and for the performance of such other services in connection therewith as may be specifically set forth, and whereas, * * * Now, therefore, it is agreed as follows: FIRST: Grower hereby retains Grower's Agent during 1992 farm year and entrust him from time to time for the purpose of sale, with the possession and control of Grower's produce. SECOND: Prior to delivering any produce to the Grower's Agent, Grower will apprise Grower's Agent whether Grower has pledged any of the crop proceeds or granted a security interest therein to any third party and if so the name and address of such third party. Grower will, at all times during the term of this agreement, apprise Grower's Agent of any such additional liens placed on his crops as soon as such has occurred. Grower shall indemnify Grower's Agent from all losses and expenses, including reasonable attorney fees incurred by Grower's Agent caused by (1) failure of Grower to promptly furnish such information and (2) any misstatements with regard to the information provided. THIRD: Grower's Agent shall receive at LESTER TOWELL DISTRIBUTORS, INC. located at 900 Lester Towell Blvd., in Belle Glade, Florida 33430, Growers, produce for the purpose of shipping and selling the same at the ten percent (10 percent) of sales charge established between the Grower and Grower's Agent which shall only be changed by mutual agreement. Grower's Agent shall be respon- sible for the INVOICING AND ACCOUNTING of all Grower's produce received by and or sold by Grower's Agent. * * * SIXTH: Accounting and/or payment shall be made to Grower within sixty (60) business days from the date Grower's produce is deliv- ered and sold on the terms accepted, but only on the basis of the actual final selling price. By the execution of this agreement, Grower permits that there may be deducted from the actual selling price all actual ex- penses as described in paragraphs Fourth and Fifth, and the agreed upon charges set forth in paragraph Third. * * * GENERAL CONDITIONS AND STATEMENTS UNDER THE PERISHABLES AGRICULTURAL COMMODI- TIES ACT, 7 U.S.C. S499 (a)et seq AND REGU- LATIONS OF THE AGRICULTURAL MARKETING SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICUL- TURE, IT IS REQUIRED THAT THERE BE MADE A STATEMENT OF THE TERMS AND CONDITIONS UNDER WHICH THE GROWER'S AGENT WILL HANDLE PRODUCE FOR THE GROWER. THE FOLLOWING IS THAT AGREE- MENT BETWEEN THE GROWER AND THE GROWER'S AGENT, TOGETHER WITH THE CONTRACT TERMS OF THIS DOCUMENT. * * * 2. Grower shall haul and deliver all produce to Grower's Agent packing house at Grower's expense. Produce must be delivered either in crates, Grower's pallet box or such other containers as have been agreed to by the Grower's Agent. * * * Grower's Agent shall issue receipts to Grower for all produce received. A lot num- ber or other positive means of identification shall be assigned by Grower's Agent to each lot in order to segregate the various lots of produce received from different Growers for similar produce being handled at the same time, and each lot shall be so identified and segregated throughout all operations con- ducted by Grower's Agent. At the end of April 1992 or first of May 1992, Petitioner telephoned Respondent notifying Respondent that checks for the sale of the produce should be made payable to Petitioner and Kurt Vreeland. Petitioner spoke with Margaret Jeanne "Jeannie" Woodward. Petitioner was assured by Ms. Woodward that the checks would be made payable to Petitioner and her son. What Ms. Woodward had agreed to do was contrary to Respondent's standard operating procedure which was to issue checks for the sale of produce only to persons with whom Respondent had entered into a contract. In April 1992, Respondent sold squash supplied to it by Kurt Vreeland. On or about May 4, 1992, a check for squash sold was issued by Respondent and made payable to Petitioner and Kurt Vreeland and was mailed to an address other than Petitioner's address. The check was prepared and signed by Ms. Woodward. On or about May 19, 1992, Kurt Vreeland and another person appeared at Respondent's place of business, requesting another check, indicating that he had never received the original check. Ms. Woodward attempted to issue the check payable to Petitioner and Kurt Vreeland, but he objected, insisting that the check be made payable only to him, since the contract was with him and no one else. Ms. Woodward complied with the demand and issued another check payable only to Kurt Vreeland. Ms. Woodward complied with Kurt Vreeland's demand because: 1) The contract was in fact with Kurt Vreeland and no one else; 2) Respondent's standard operating procedure was to issue checks only to persons with whom Respondent had entered into a contract; and 3) Kurt Vreeland was demanding that Respondent comply with the contract that he, and only he, receive payment. On the same day the new check was issued, it was cashed at Respondent's bank, showing an endorsement by Kurt Vreeland. Subsequently, after not receiving any money from Respondent, Petitioner telephoned Respondent. Ms. Woodward notified Petitioner that the checks could only be made payable to Kurt Vreeland because the contract for sale of the squash was with him only. Further, Petitioner was informed by Ms. Woodward that she must present proof to Respondent that she, not Kurt Vreeland, owns the produce. This was the first time that Ms. Woodward had experienced this type of situation and was not sure what kind of evidence or proof Petitioner would need to submit. Petitioner and her husband telephoned Respondent several times attempting to convince Respondent that they, not their son, Kurt Vreeland, owned the produce and that checks should be made payable to Petitioner and her son. However, their efforts were to no avail. On May 9, 1992, Petitioner mailed a letter to Respondent, by certified mail, reiterating that the produce was owned by her and checks should be made payable to her and her son. Respondent received the certified letter on May 21, 1992. On May 19, 1992, prior to receiving Petitioner's certified letter, Respondent issued to Kurt Vreeland another check in the amount of $3,346.20 for the sale of additional squash delivered by Kurt Vreeland to Respondent. The check was prepared and signed on behalf of Respondent by Ms. Woodward. That same day, the check was cashed at Respondent's bank, showing an endorsement by Kurt Vreeland. After mailing the certified letter, Petitioner and her husband believed that the matter, regarding the checks, had been resolved, but shortly discovered that they were mistaken. Merchants to whom their son had written checks and with whom Petitioner and her husband did business, were complaining to Petitioner and her husband that their son's checks had been returned for insufficient funds. This new development caused Petitioner and her husband to again contact Respondent by telephone. At that time, Respondent informed Petitioner and her husband of the check issued on May 19, 1992, made payable only to Kurt Vreeland, reiterating that the contract was only with their son. Further, Respondent informed them that Florida Department of Health and Rehabilitative Services (HRS) had verbally made a claim on the proceeds from the squash on behalf of Kurt Vreeland's ex-wife for his children and that Respondent was not complying with HRS' request either because it had shown no proof that the ex-wife was entitled to the proceeds. On June 19, 1992, Ms. Woodward issued to Kurt Vreeland a check in the amount of $1,774.35 for more squash that it had sold in May 1992 on behalf of Kurt Vreeland. That same day, the check was cashed at Respondent's bank, showing an endorsement by Kurt Vreeland. Before the June 19, 1992 check was issued, Petitioner and her husband made numerous telephone calls to Respondent attempting to convince Respondent to make the checks payable to Petitioner and her son, Kurt Vreeland. Again, all to no avail. After the June 19, 1992 check, Kurt Vreeland did not provide Respondent with any more squash for it to sell. Consequently, no further checks were issued. At one point in time, out of frustration, Respondent requested Petitioner and her husband to remove some remaining squash that had been brought to Respondent by Kurt Vreeland. However, the squash was not removed. At all times material hereto, Petitioner and her husband were aware of the different periods that their son removed squash from the land to take to Respondent for sale. At all times material hereto, at no time did Kurt Vreeland inform Respondent that either Petitioner or her husband had ownership in the squash. Neither Petitioner nor her husband have received any money from their son, Kurt Vreeland, for the expenses they incurred with the 1992 crop of squash, nor for rent of their land to grow the produce.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Agriculture and Consumer Services issue a final order dismissing Petitioner's complaint. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 17th day of August 1993. ERROLL H. POWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of August, 1993.
The Issue Whether, under the provisions of sections 604.15 - 604.34, Florida Statutes, Lester Towell Distributors, Inc., is entitled to recover $2,098 for agricultural products ordered by and delivered to VBJ Packing, Inc
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made. Lester Towell is a dealer in Florida-grown agricultural products. VBJ is a dealer in Florida-grown agricultural products. On May 22, 1995, VBJ placed an order with Lester Towell to purchase a quantity of extra-large green bell peppers. Lester Towell delivered 200 boxes of such peppers to VBJ on May 23, 1995. To fill this order, Lester Towell purchased 63 boxes of peppers from producer Ott Farms, Inc., in Estero, Florida, and 137 boxes from producer Thomas Produce, in Boca Raton, Florida. Lester Towell did not act as agent for these producers; it purchased the products outright. On May 22, 1995, VBJ placed an order with Lester Towell to purchase a quantity of yellow corn. Lester Towell delivered 100 boxes of such corn to VBJ on May 24, 1995. To fill this order, Lester Towell purchased 100 boxes of corn from producer Wilkinson-Cooper, in Belle Glade, Florida. Lester Towell did not act as agent for this producer; it purchased the products outright. On May 24, 1995, VBJ placed an order with Lester Towell to purchase a quantity of jalapeno peppers, white corn, and red radishes. Lester Towell delivered two boxes of jalapeno peppers, 26 boxes of white corn, and 20 boxes of red radishes to VBJ on May 25, 1995. To fill this order, Lester Towell purchased 2 boxes of jalapeno peppers from producer Ott Farms, Inc., in Estero, Florida, and 26 boxes of white corn and 20 boxes of red radishes from producer American Growers in Belle Glade, Florida. Lester Towell did not act as agent for these producers; it purchased the products outright. Lester Towell filed its complaint with the Department of Agriculture and Consumer Services ("Department") pursuant to the provisions of section 604.21(1), Florida Statutes, because VBJ did not pay for the products identified above. There is, however, no evidence to establish that Lester Towell was a producer or the agent or representative of a producer with respect to the products for which it seeks payment. It is, therefore, not a "person" entitled to file a complaint with the Department against VBJ and its surety.
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 the complaint of Lester Towell Distributors, Inc. DONE AND ENTERED this 3nd day of July 1996 in Tallahassee, Leon County, Florida. PATRICIA HART MALONO Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of July 1996
The Issue Whether Redland Brokers Exchange, Inc., is owed $2,602.60 for agricultural products ordered by and delivered to Mo-Bo Enterprises, Inc.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: Redland Brokers is an agent for producers of Florida-grown agricultural products. Mo-Bo is a dealer in such products in the normal course of its business and is bonded by Armor. During the period from October 28, 1994, until November 11, 1994, Mo-Bo ordered various agricultural products from Redland Brokers. In accordance with the usual practice of Redland Brokers when doing business with Mo-Bo, the orders were accepted by telephone and the items were loaded onto trucks sent by Mo-Bo to Redland Brokers's warehouse. Redland Brokers sent the following invoices to Mo-Bo for agricultural products order by and delivered to Mo-Bo: November19, 1994 Invoice Number 275 $180.00 November5, 1994 Invoice Number 290 756.00 November11, 1994 Invoice Number 319 793.00 November19, 1994 Invoice Number 334 353.60 November19, 1994 Invoice Number 338 520.00 TOTAL $2,602.60 Payment was due twenty-one days from the date each invoice was mailed. Despite repeated demands, Mo-Bo has not paid any of the amounts reflected in these invoices. As of September 6, 1995, the date of the formal hearing, $2,602.60 remained due and owing to Redland Brokers.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Agriculture and Consumer Services enter a final order ordering Mo-Bo Enterprises, Inc., to pay $2,602.60 to Redland Brokers Exchange, Inc., and, if Mo-Bo Enterprises, Inc., does not pay this amount, ordering Armor Insurance Company to pay this amount, up to its maximum liability under its bond. DONE AND ENTERED this 10th day of October 1995, in Tallahassee, Leon County, Florida. PATRICIA HART MALONO Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of October 1995. COPIES FURNISHED: Frank T. Basso, Jr., Owner Amy L. Glasow, Owner Redland Brokers Exchange, Inc. 401 North Redland Road Homestead, Florida 33030 Paul Boris Mo-Bo Enterprises, Inc. Post Office Box 1899 Pompano Beach, Florida 33061 Mark J. Albrechta, Esquire Armor Insurance Company Legal Department Post Office Box 15250 Tampa, Florida 33684-5250 The Honorable Bob Crawford Commissioner of Agriculture The Capitol, PL-10 Tallahassee, Florida 32399-0810 Richard Tritschler, Esquire General Counsel Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810 Brenda Hyatt, Chief Bureau of Licensing and Bond Department of Agriculture and Consumer Services 508 Mayo Building Tallahassee, Florida 32399-0800
The Issue Whether respondents owe petitioner money on account of sales of potatoes?
Findings Of Fact In order to finance his 1991 crops, petitioner Daniel Methvin of Hastings, had to borrow money at the end of the year before. To do that, he was told, he needed to execute contracts for the sale of the potatoes he intended to grow. He had been glad to have future contracts for the 1990 season, when a glut of potatoes pushed the price below three dollars a hundredweight (cwt). Respondent J.P. Mach Agri-Marketing, Inc. (or the company of which it is a subsidiary) had honored those contracts and paid considerably more than the market price for potatoes then. On November 24, 1990, Mr. Methvin executed a contract entitled "Sales Confirmation" agreeing to sell 10,000 cwt of "REPACK REDS", Petitioner's Exhibit No. 1 ("92% US #1 INCH AND 1/2 MIN. AT LEAST 95% SKIN, Id.) to J.P. Mach, Inc. during the period April 28 to May 31, 1991, at $6.50 per cwt. Petitioner's Exhibit No. 1. Consolidating smaller, earlier agreements, Mr. Methvin executed another contract entitled "Sales Confirmation" agreeing to sell 45,000 cwt of Atlantics ("85% U.S. #1") to J.P. Mach, Inc. during the period April 28 to May 31, 1991, at $5.75 per cwt, guaranteeing the potatoes would be suitable for chips. Petitioner's Exhibit No. 2. With these contracts (or, as to the chipping potatoes, their predecessors) as collateral, Mr. Methvin raised the funds necessary to plant. Both contracts between Mr. Methvin and J.P. Mach, Inc. had "act of god clauses" excusing Mr. Methvin's nondelivery of potatoes he failed to harvest on account of, among other things, tornadoes or hail. As it happened, tornadoes and hail prevented Mr. Methvin's reaping all he had sown. Petitioner only harvested 6,300 cwt of red potatoes and approximately 43,000 cwt of Atlantic potatoes. Another result of the bad weather was extremely high market prices, at some times exceeding $20 per cwt. On April 27, 1991, J.P. Mach visited Mr. Methvin's farm and the two men discussed incentives to keep Mr. Methvin from "jumping his contract," i.e., selling his potatoes to others at the market price. In the course of their conversation, Mr. Methvin said he needed to realize $450,000 from that year's potatoes; and Mr. Mach replied, "I will help you out", and "I will keep you in business." There was general talk of incentives and bonuses. Eventually, Mr. Mach said he would pay a premium over the contract price if Mr. Methvin fulfilled the original contracts to the fullest extent possible, by delivering all the potatoes he had; and Mr. Mach began remitting premium prices, as promised. On June 1, 1991, however, Mr. Methvin advised Mr. Mach of his intention to sell what remained of his harvest, some 1100 cwt of Atlantics, on the open market. When he carried through on this, Mr. Methvin realized approximately $200,000. Even at that, he lost $40,000 that season. Meanwhile Mr. Mach and his companies were sued for $550,000 for failure to deliver potatoes; and were not paid another $172,000 for potatoes they shipped to chip plants and others to whom they had promised still more potatoes. (Mr. Methvin was not the only grower who defaulted on contracts to ship potatoes to J.P. Mach, Inc.) As of June 1, 1991, Mr. Mach, his companies or his agents had paid Mr. Methvin "about $200,000," which was more than the contract price of the potatoes Mr. Methvin had loaded. Neither Mr. Mach nor his companies paid Mr. Methvin anything after June 1, 1991. At hearing, Mr. Methvin calculated the value of the loads as to which nothing had been remitted as of June 1, 1991, as "a few hundred more than $36,000," assuming the contract price plus the premium. But Mr. Mach and his companies or employees recalculated the price of the loads he had paid for by eliminating the premium, since Mr. Methvin had not, as promised on his side, delivered all his potatoes. J.P. Mach, Inc. was duly licensed during the 1990 season. After its license lapsed, a new license was issued to J.P. Mach Agri-Marketing, Inc. on April 24, 1991. A $50,000 certificate of deposit was filed with First Performance Bank as a condition of licensure.
Recommendation It is, accordingly, RECOMMENDED: That petitioner's complaint be denied. DONE and ENTERED this 3rd day of April, 1992, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of April, 1992. COPIES FURNISHED: Daniel Methvin Route 1, Box 92 Palatka, Florida 32131 Jeffrey P. Mach, President J. P. Mach Agri-Marketing, Inc. P.O. Box 7 Plover, Wisconsin 54467 Brenda Hyatt, Chief Bureau of Licensing & Bond Department of Agricutlure 508 Mayo Building Tallahassee, Florida 32399-0800 Richard Tritschler, General Counsel Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810
The Issue Whether Respondent, Garrison Irrigation, Inc., failed to pay amounts owing to Petitioner resulting from a verbal contract for four pallets of Bahia sod as set forth in the complaint dated July 20, 2004, and, if so, what amount Petitioner is entitled to recover.
Findings Of Fact Based upon observation of the witness and her demeanor while testifying, the documents received into evidence, and the entire record of this proceeding, the following relevant and material findings of fact are determined: At all times material to this proceeding, Petitioner, C.M. Payne and Son, Inc., was a producer of agricultural products as that term is defined in Subsection 604.15(5), Florida Statutes (2004). At all times material to this proceeding, Respondent, Garrison Irrigation, Inc. (Garrison), was licensed as a dealer in agriculture products as that term is defined in Subsection 604.15(1), Florida Statutes (2004). Respondent was licensed under number 13653, supported by Bond No. 929237754 in the amount of $10,000; written by Respondent, Continental Casualty Company, as Surety (Continental); Inception Date: December 4, 2003; Expiration Date: December 3, 2004; and Execution Date: December 4, 2003. At all times material, Continental is the surety which issued Garrison a surety bond. On January 23, 2004, Petitioner sold 16 pallets of Bahia sod to Garrison and, on Invoice 20027, billed Garrison a total of $599.20 for the 16 pallets of sod. On January 26, 2004, Petitioner sold 32 pallets of Bahia sod to Garrison and, on Invoice 20033, billed Garrison a total of $1,198.40 for the 32 pallets of sod. On January 27, 2004, Petitioner sold 16 pallets of Bahia sod to Garrison and, on Invoice 20039, billed Garrison a total of $599.20 for the 16 pallets of sod. On February 2, 2004, Petitioner sold 16 pallets of Bahia sod to Garrison and, on Invoice 20044, billed Garrison a total of $599.20 for the 16 pallets of sod. The terms of the sale between Petitioner and Garrison were for net payment for products sold within 30 days after the invoice date. Garrison did not appear at the hearing to contest or otherwise refute the charges alleged in Petitioner's complaint. Garrison is indebted to Petitioner in the amount of $2,996.00 for Bahia sod purchases from Petitioner on January 23, 26, and 27, 2004, and February 2, 2004. Garrison has failed to pay Petitioner for the sod purchases.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department issue its final order requiring that Respondent, Garrison Irrigation, Inc., pay to Petitioner, C. M. Payne and Son, Inc., the amount of $2,996.00 for the purchases of Bahia sod from Petitioner on January 23, 26, and 27, 2004, and February 2, 2004. It is further RECOMMENDED that if Respondent, Garrison Irrigation, Inc., fails to comply with the order directing payment, the Department shall call upon the surety, Continental Casualty Company, to pay over to the Department from funds out of the surety certificate, the amount needed to satisfy the indebtedness. DONE AND ENTERED this 22nd day of December, 2004, in Tallahassee, Leon County, Florida. S FRED L. BUCKINE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December, 2004.
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, I hereby make the following findings of fact: The Petitioner, Sun Coast Farms, is agent for Strano Farms of Florida City, Florida, a producer of agricultural products. The Respondent, South Dade Produce, is a dealer in agricultural products and is located in Naranja, Florida. On April 4, 1985, Mr. George Mason, salesman for Petitioner, received a call from Respondent proposing to buy some squash. An agreement was reached for the sale of 400 crates of crookneck squash (#1 grade) at a price of $10.20 per unit "FOB Florida City, Florida." The agreed upon price for the full amount of the squash was $4,080. The squash in question was grown and packed by Strano Farms in Florida City, Florida. The 400 cases of squash were received by Respondent on April 4, 1985. During an inspection of the squash, Mr. Cope, owner of South Dade Produce, noticed that some of the squash had wind scar. Mr. Cope felt that the wind scar damage was minor and proceeded to dispose of the squash as planned. One hundred cases of the squash were sold and shipped without difficulty and are not a part of this action. On April 4, 1985, the 300 cartons of squash in question were shipped to Texas in a refrigerator truck and delivered April 6, 1986 to Harrington Produce Company of Dallas, Texas, through Reaves Brokerage Company, also of Dallas. Harrington Produce Company planned to sell the squash to consumers through its own retail outlets. Upon examination of the squash at destination, Harrington Produce Company represented to Reaves Brokerage Company that it believed a portion of the squash were spoiled and unmarketable. Reaves Brokerage Company notified the Respondent of this potential problem and requested instruction. That same day, April 6, 1985, having received notice of the problem in Dallas, the Respondent notified George Mason, a salesman for Petitioner. George Mason indicated that a "federal inspection certificate" (an inspection performed upon receipt to verify the condition of produce) was not required. Neither Petitioner nor Respondent requested a federal inspection to verify the condition of the squash. In an accounting statement provided to Respondent on December 30, 1985 Harrington Produce stated that in order to render the squash sellable, it was necessary to run (sort and repack) the squash twice to assure that each carton contained only sound vegetables. Harrington Produce Company further asserted that the cost of sorting and repacking was $1.50 per finished carton per run or $540.00 for the 180 salvageable cartons which were kept and sold. Harrington Produce stated that it did not charge labor costs for unsellable cartons, but that 120 of the 300 cartons delivered were unsellable, which, at $10.35 per carton, meant an additional deduction of $1,242.00. Because of the foregoing, Harrington Produce Company deducted $1,782.00 as an adjustment to Respondent's bill. Because Harrington Produce deducted $1,782 from Respondent's billing, Respondent deducted $1,782 from Petitioner's payment. The parties stipulated that the unpaid amount on the contract for the 400 units of squash was $1,782. No "federal dump certificate" (a certification of spoilage done at the time that unmarketable produce is discarded) was performed on the 120 cartons of squash which were supposedly dumped by Harrington Produce Company. It is standard practice in the industry that an independent, third-party assessment of produce be performed prior to "dumping". Ordinarily, "certification" of the condition of produce by the ultimate purchaser himself is unacceptable. Where a "federal dump certificate" is unavailable, some other independent assessment of the produce is required. It is standard practice in the industry that the buyer receiving the problematic goods request the necessary inspections. It was the understanding of the parties, who had undertaken similar transactions previously, that adjustments to the price of the goods when subsequently resold could be passed back to the producer. However, it is normal and customary practice in the industry to have an independent entity, be it state, federal or private, inspect agricultural products before they are "dumped" or thrown away as unmarketable. On April 5, 1985, Petitioner invoiced Respondent $4,080 for the full amount of the squash. In May 1985, Respondent remitted to Petitioner the sum of $2,298, leaving a balance due of $1,782. On June 21, 1985, Petitioner requested an accounting from Respondent for the sale of the Dallas squash. On August 1, 1985, Petitioner again requested an accounting from Respondent. On January 2, 1986, Respondent submitted a letter from Harrington Produce, dated December 30, 1985, accounting for the disposition of the 300 units of squash. On April 4, 1985, 1,800 units of squash harvested from the same field as the squash in question, were packaged by Strano Farms and sold without any complaints or returns.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be issued finding that Respondent is indebted to, and required to pay, the amount of $1,782.00 to the Petitioner. DONE and ORDERED this 1st day of July, 1986 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of July, 1986. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 86-1029A The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. Rulings on Proposed Findings of Fact Submitted by the Petitioner Adopted in Finding of Fact 1. Adopted in Finding of Fact 3. Adopted in Finding of Fact 6. Adopted in Finding of Fact 13. Adopted in Finding of Fact 7. Adopted in Findings of Fact 13 and 14. Adopted in Finding of Fact 15. Rulings on Proposed Findings of Fact Submitted by the Respondent Partially adopted in Findings of Fact 3, 5 and 12. Matters not contained therein are rejected as subordinate and/or not supported by competent, substantial evidence. Rejected as recitation of testimony. Adopted in Finding of Fact 7. Partially adopted in Finding of Fact 8. Matters not contained therein are rejected as subordinate and/or not supported by competent, substantial evidence. Adopted in Finding of Fact 10. Matters not contained therein are rejected as subordinate. Partially adopted in Finding of Fact 9. Matters not contained therein are rejected as subordinate. Rejected as a recitation of testimony. Partially adopted in Finding of Fact 11. Matters not contained therein are rejected as a recitation of testimony and/or subordinate. Rejected as unnecessary and subordinate. Addressed in procedural background section of R.O. Addressed in procedural background section of R.O. COPIES FURNISHED: Vincent J. Fiorica 5856 West Flagler Street Miami, Florida 33144 Steven F. Brines 48 Northeast 15th Street Homestead, Florida 33133 Hon. Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, Florida 32301 Robert Chastain, Esquire General Counsel Department of Agriculture Mayo Building, Room 513 Tallahassee, Florida 32301 Mr. Joe W. Kight Bureau of Lic. & Bond Department of Agriculture Mayo Building Tallahassee, Florida 32301 F. J. Manuel, Jr., Esquire Welbaum, Zook, Jones & Williams Post Office Box 3626 Orlando, Florida 32802
The Issue The issue is whether the claims of $98,935.20 and $19,147.70, filed by Petitioner under the Agricultural Bond and License Law, are valid. §§ 604.15 - 604.34, Fla. Stat. (2008).
Findings Of Fact At all material times, Petitioner has been a producer of agricultural products located in Plant City, Florida. At all material times, American Growers has been a dealer in agricultural products. Respondent Lincoln General Insurance Company, as surety, issued a bond to American Growers, as principal. American Growers is licensed by the Department of Agriculture and Consumer Services ("DACS"). Between December 16, 2008, and February 4, 2009, Petitioner sold strawberries to American Growers, each sale being accompanied by a Passing and Bill of Lading. Petitioner sent an Invoice for each shipment, and payment was due in full following receipt of the Invoice. Partial payments have been made on some of the invoices, and as of the date of this Recommended Order, the amount that remains unpaid by American Growers to Petitioner is $117,982.90, comprising: Invoice No. Invoice Date Amount Balance Due 103894 12/16/08 $7,419.00 $1,296.00 103952 12/22/08 $18,370.80 $1,944.00 103953 12/23/08 $3,123.60 $648.00 193955 12/26/08 $8,164.80 $1,728.00 103984 12/28/08 $28,764.40 $28,764.40 104076 12/31/08 $17,236.80 $17,236.80 104077 1/5/09 $17,658.00 $17,658.00 104189 1/5/09 $1,320.90 $1,320.90 104386 1/20/09 $16,480.80 $16,480.80 104517 1/29/09 $17,449.20 $17,449.20 104496 2/4/09 $13,456.80 $13,456.80 TOTAL $117,982.90
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Agriculture and Consumer Services enter a final order requiring Respondent, American Growers, Inc., and/or its surety, Respondent, Lincoln General Insurance Company, to pay Petitioner, Crown Harvest Produce Sales, LLC, the total amount of $117,982.90. DONE AND ENTERED this 18th day of May, 2010, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 18th day of May, 2010. COPIES FURNISHED: Honorable Charles H. Bronson Commissioner of Agriculture and Consumer Services The Capital, Plaza Level 10 Tallahassee, Florida 32399-0810 Richard D. Tritschler, General Counsel Department of Agriculture and Consumer Services 407 South Calhoun Street, Suite 520 Tallahassee, Florida 32399-0800 Christopher E. Green, Esquire Department of Agriculture and Consumer Services Office of Citrus License and Bond Mayo Building, Mail Station 38 Tallahassee, Florida 32399-0800 Glenn Thomason, President American Growers, Inc. 14888 Horseshoe Trace Wellington, Florida 33414 Katy Koestner Esquivel, Esquire Meuers Law Firm, P.L. 5395 Park Central Court Naples, Florida 34109 Renee Herder Surety Bond Claims Lincoln General Insurance Company 4902 Eisenhower Boulevard, Suite 155 Tampa, Florida 33634 Glenn C. Thomason, Registered Agent American Growers, Inc. Post Office Box 1207 Loxahatchee, Florida 33470
The Issue Whether Respondents (“Dobson’s” and “Western Surety”) should be required to pay an outstanding amount owed to Petitioner, Doug Lancaster Farms, Inc. (“Lancaster Farms”).
Findings Of Fact Based on the evidence adduced at the final hearing, the record as a whole, and matters subject to official recognition, the following Findings of Fact are made: Oden Hardy was the general contractor for a project in Apopka, Florida, known as the Space Box project. Dobson’s, a subcontractor on the Space Box project, contracted to purchase 269 trees (including Live Oaks, Crape Myrtles, Elms, and Magnolias) for $53,245.00 from Lancaster Farms. Dobson’s supplied Lancaster Farms with all the information needed to file a “notice to owner” as authorized by section 713.06, Florida Statutes. A truck from Dobson’s picked up the trees and transported them to the site of the Space Box project. Upon arriving with the trees, Dobson’s discovered that there was no means by which the trees could be watered at the site. Rather than attempting to jury rig some manner of watering system as requested by Oden Hardy, Dobson’s transported the trees to its place of business, and the trees remain there. The parties have stipulated that Dobson’s has paid all of the invoices except for Invoice No. 5810, totaling $12,580.00. There is no dispute that the trees at issue are “agricultural products” within the meaning of section 604.15(1). There is also no dispute that Dobson’s is a “dealer in agricultural products” within the meaning of section 604.15(2).
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 approving the claim of Doug Lancaster Farms, Inc., against Dobson’s Woods and Water, Inc., in the amount of $12,630.00. DONE AND ENTERED this 20th day of November, 2020, in Tallahassee, Leon County, Florida. S G. W. CHISENHALL 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 20th day of November, 2020. COPIES FURNISHED: Larry K. Dobson Dobson's Woods and Water, Inc. 851 Maguire Road Ocoee, Florida 34761-2915 Kelly Lancaster Doug Lancaster Farms, Inc. 3364 East County Road 48 Center Hill, Florida 33514 Western Surety Company Post Office Box 5077 Sioux Falls, South Dakota 57117-5077 Kristopher Vanderlaan, Esquire Vanderlaan & Vanderlaan, P.A. 507 Northeast 8th Avenue Ocala, Florida 34470 (eServed) Steven Hall, General Counsel Department of Agriculture and Consumer Services 407 South Calhoun Street, Suite 520 Tallahassee, Florida 32399-0800 (eServed) Honorable Nicole “Nikki” Fried Commissioner of Agriculture Department of Agriculture and Consumer Services The Capitol, Plaza Level 10 Tallahassee, Florida 32399-0810 (eServed)
The Issue Whether Respondents Veg Service, Inc., and Western Surety Company are justly indebted to Dixie Growers, Inc., for Florida- grown agricultural products which Dixie Growers, as the agent for the producers of the products; sold to Veg Service?
Findings Of Fact The Parties Dixie Growers, located in Plant City, Florida, is a producer, packer, and seller of Florida-grown agricultural products. It also acts as a sales agent for growers of Florida agricultural products, and in that capacity is a producer of agricultural products. Ms. Linda T. Lawton is the Vice President/Secretary for Dixie Growers, Inc. Mr. George Locklear is a salesman for the company. It is the practice of Dixie Growers, Inc., to pay the growers who provide it with agricultural products to be sold on the open market within 10 to 14 days of shipment unless the broker or purchaser to whom the products are sold notifies Dixie of a problem. This practice was made known to Veg Service before the incidents which led to these proceedings. Whenever Dixie receives notice of a problem with the shipment prior to payment of the grower, Dixie places a "trouble" memorandum on the top of the file. In such a case, Dixie does not usually pay the grower until the problem has been resolved with the broker and then only in an amount that does not exceed what Dixie receives from the broker or purchaser. Veg Services, Inc., is a negotiating broker of Florida agricultural products, some of which it has purchased from Dixie Growers. In this capacity Veg Services is a dealer in agricultural products. The company is located in Pompano Beach, Florida. Western Surety Company is the issuer of bonds to Veg Services, Inc., in amounts sufficient to cover the disputes involved in this proceeding. Case No. 96-3995A On June 1, 1996, Dixie Growers sold 260 boxes, (1 and 1/9th bushels each), of fancy eggplant to Veg Services. The price was $8.00 per box for a price of $2,080 for the entire shipment. On June 5, 1996, the U. S. Department of Agriculture, at a cost of $278, conducted an inspection of the 260 boxes of eggplant in Providence, Rhode Island at the premises of Tourtellot and Company, Inc. Under the section marked "Grade" in the inspection certificate, the eggplant was found to fail "to grade U.S. No. 1." On the same day as the inspection, Dixie Growers received by fax a copy of the inspection, Inspection Certificate K-195345-4. In accord with its customary practice, Dixie Growers placed a "trouble" memorandum in its file so that it would not pay the grower of the eggplant until the trouble was resolved. On June 17, 1996, Dixie Growers received a fax of the invoice from Veg Services marked, "OK." Interpreting the "OK," to mean that payment would be in full, George Locklear called Veg Service to double-check. He talked with Martin Shield and Marcie, a member of the office staff. First Marcie and then Mr. Shield stated that the invoice would be paid in full. Before the growers were paid on the strength of the representations of the two Veg Service employees made June 17, however, Deborah Lawton, Dixie's bookkeeper asked Mr. Locklear to inquire as to whether the cost of the inspection ($278,) would be deducted from the payment. Marcie told Mr. Locklear that payment would be in full with nothing deducted for the inspection. With the understanding that payment would be made in full with nothing deducted for the cost of the inspection, Dixie Growers paid the growers of the eggplant in full. On July 1, 1996, after payment had been made by Dixie Growers to the growers of the eggplant, it received a fax from Veg Services that it would be paid only $1.60 per box instead of the full $8.00 per box. When Mr. Locklear called to inquire about the fax, Marcie told him that Veg Services had made a mistake when it said that payment would be in full. Dixie Growers received payment in the amount of $416.00 leaving $1,664.00 still due. Case No. 96-3996A On April 27, 1996, Dixie Growers sold 65 boxes of medium squash, 200 boxes of select cucumber and 60 boxes of cabbages to Veg Service. No trouble with the produce was ever reported by Veg Service to Dixie Growers. Nor was there ever made a federal inspection of the produce. The total bill for the sale was $2610.00. On May 9, 1996, another sale was made by Dixie Growers to Veg Service: 154 boxes of medium zucchini, 72 boxes of small squash, 72 boxes of medium squash, 50 boxes of choice cucanelle and 120 boxes of large cucumbers. No trouble with any of the produce was ever reported by Veg Service to Dixie Growers. Nor was there a federal inspection conducted. The bill for the sale was $4,360.00. On June 12, 1996, payment was received for the April 27 sale in the amount of $1,280 leaving a balance of $1,330. The same day payment was received for the May 9 sale in the amount of $2,259.50 leaving a balance due of $2,100.50. Invoices showing the balances due for the two sales were mailed by certified mail to Veg Service. Following phone calls by Dixie Growers, at the request of Veg Service staff, the invoices were later faxed twice to Veg Service. The two balances, totalling $3,430.50, had not been paid as of final hearing. Had any trouble with either sale been communicated to Dixie Growers prior to the payment it made to the growers of the produce, then Dixie Growers would not have paid the growers until the problem was resolved. Since Veg Service did not communicate any problem with either sale in any way, Dixie Growers paid the growers. Case No. 4727A On June 6, 1996, Dixie Growers sold Veg Service 500 boxes of fancy eggplant, 200 boxes of choice eggplant, 600 boxes of large bell peppers, 200 boxes of extra large bell peppers and 50 boxes of long hot peppers. The invoice for the sale shows $14,200 due for the produce and a charge of $23.50 listed for "Temp.Recrd," for a total invoiced amount of $14,223.50. On July 17, 1996, Dixie Growers received a check from Veg Services for $10,262.50 for the June 6 sale leaving a balance of $3,961.00. When George Locklear of Dixie Growers inquired of Veg Service as to why the invoiced amount had not been fully paid, he was told that a federal inspection had shown that the peppers were smaller than as represented by Dixie Growers. This was the first time that Dixie Growers had received any notice from Veg Service that there was any trouble with the June 6 sale. The inspection was faxed to Dixie Growers on July 31, 1996, long after Dixie Growers had paid the growers of the produce. The fee for the inspection by the U.S. Department of Agriculture was $111.00. That fee had been deducted by Veg Service when it paid the invoice amount so that the amount claimed due by Dixie Growers in this case ($3,961) is the sum of the inspection fee ($111) and a balance not paid on the produce sold, ($3,850).
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Department of Agriculture and Consumer Services enter a final order adjudicating Veg Service, Inc., to be indebted to Dixie Growers, Inc., in the amount of $9,055.50. DONE AND ENTERED this 31st day of December, 1996, in Tallahassee, Leon County, Florida. DAVID M. MALONEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 31st day of December, 1996. COPIES FURNISHED: Honorable Bob Crawford Commissioner of Agriculture Department of Agriculture The Capitol, PL-10 Tallahassee, Florida 32399-0350 Richard Tritschler General Counsel Department of Agriculture The Capitol, PL-10 Tallahassee, Florida 32399-0810 Brenda Hyatt, Chief Bureau of Licensing & Bond Department of Agriculture 508 Mayo Building Tallahassee, Florida 32399-0800 Charles E. Lawton, President Dixie Growers, Inc. Post Office Box 1686 Plant City, Florida 33564-1686 Herbert Shield, President Veg Service, Inc. 150 SW 12th Avenue, Suite 370 Pompano Beach, Florida 33069 Western Surety Company Legal Department 101 South Phillips Avenue Sioux Falls, South Dakota 57102
