The Issue The issue for disposition is whether Respondent violated Article II, Section 8(e), Florida Constitution, by personally representing his private employer for compensation before the Orlando-Orange County Expressway Authority while serving as a State Senator. After admissions and stipulation of the parties, the single issue of law and fact is whether the Orlando-Orange County Expressway Authority is a "state agency" for purposes of Article II, Section 8(e), Florida Constitution.
Findings Of Fact Respondent, George Stuart, served as State Senator from District 14, the Orlando area, from 1978 until November 1990. On September 22, 1986, Respondent was hired by the brokerage firm, Drexel Burnham Lambert, to serve in the company's municipal bond finance division. He served as vice president of the division until December 29, 1989. Respondent was compensated for his services, which services included calling on clients to explain how Drexel Burnham could assist in their bond issues and to urge the issuer to select Drexel Burnham as an underwriter. The Orlando-Orange County Expressway Authority (OOCEA, or Authority) was created in 1983 by section 348.753, F.S. It has five members, three of whom are appointed by the Governor; the fourth member is chair of the Orange County Board of County Commissioners, and the fifth member is the district secretary for the Department of Transportation for the district which includes Orange County. OOCEA is limited in its operation to Orange County. Its budget has no legislative oversight and it is not operated with state funds appropriated to meet its budget. Tolls collected by the Authority are used for construction, financing and operation of its expressway system. Once built, the roads are operated and maintained by the Department of Transportation. OOCEA members are required to file financial disclosure statements. OOCEA participates in the Florida Retirement System. Bonds issued by the OOCEA are tax exempt. The Authority's General Counsel, J. Fennimore Cooper, advised that the Florida Constitution requires legislative approval for revenue bond issues; and in 1986, he sent a letter to Respondent seeking assistance in obtaining the necessary appropriations proviso language to approve various projects of the Authority. In 1988 when OOCEA decided to issue bonds to finance its Central Connector Project, legislative approval was again required and the necessary language was provided by its General Counsel to its registered lobbyist, Bobby Hartnett. The OOCEA received the legislative approval for the project during the Special Session on June 8, 1988. Chapter 88-557, Laws of Florida, containing appropriations act proviso language, includes this section: Section 59. The Orlando-Orange County Ex- pressway Authority is hereby authorized to construct the Central Connector and the Southern Connector of the Expressway System as part of the authority's 20-year capital projects plan. These extensions shall each be financed with revenue bonds issued by the Division of Bond Finance of the Department of General Services on behalf of the author- ity pursuant to s. 11, Art. VII of the State Constitution and the State Bond Act, ss. 2156.57-215.83, Florida Statutes. Respondent met with the chairman of the OOCEA to express Drexel Burnham's interest in serving as a co-managing underwriter for the issue and to ask for a request for proposal to which Drexel Burnham could respond. Respondent made a similar visit to the executive director of the Authority. A September 23, 1988 contact by Respondent was specifically regarding the Central Connector bond issue. On August 12, 1988, Respondent, as vice president of the Municipal Bond Finance Division and Ander Crenshaw, as first vice president, submitted Drexel Burnham's "Proposal to Serve as Co-Managing Underwriter for the Central Connector Project" to the Authority. Respondent received compensation for all representations he made for Drexel Burnham, including this one. The Authority received twenty-two proposals and ultimately selected nine co-managers, one of which was Drexel Burnham. Drexel Burnham co-managed a small percent of the issue and received $59,940 total compensation. The total amount of the bond issue was $140,600,000.00. The Department of General Services, Division of Bond Finance, served as agent for the OOCEA's 1988 bond issue. In his contacts with OOCEA, Respondent did not consider there was any ethical proscription. He avoided Cabinet-level bond issues and called on cities, hospital districts, or airport authorities. He considered OOCEA a similar local agency.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Commission on Ethics issue its Final Order and Public Report finding that Respondent, George Stuart, violated Article II, Section 8(e), Florida Constitution, by representing Drexel Burnham Lambert before the Orlando-Orange County Expressway Authority for compensation while serving as State Senator. DONE AND ENTERED this 10th day of August, 1993, in Tallahassee, Florida. MARY CLARK 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 10th day of August, 1993. COPIES FURNISHED: COPIES FURNISHED: Virlindia Doss, Esquire Department of Legal Affairs The Capitol, PL-01 Tallahassee, Florida 32399-1050 Dexter Douglass, Esquire Post Office Box 1674 Tallahassee, Florida 32302-1674 Bonnie Williams, Executive Director Ethics Commission Post Office Box 6 Tallahassee, Florida 32302-0006 Phil Claypool, General Counsel Ethics Commission Post Office Box 6 Tallahassee, Florida 32302-0006
The Issue This case arises from a complaint filed by Hel-Bent Tree Farms, in which it is asserted that Staghorn Nurseries, Inc., is indebted to the Complainant in the amount of $1,980.00 for agricultural products sold to the Respondent. Mr. Thomas Joseph Helmly testified as a witness for the Complainant and also offered several documents and photographs as exhibits. The exhibits were numbered 1 through 13 and were all received in evidence.
Findings Of Fact Based on the testimony of the witness and on the exhibits offered and received in evidence, I make the following findings of fact: On March 29, 1984, the Complainant sold agricultural products consisting of 80 Bottle Brush Trees and 5 Dalbergia Trees to the Respondent. The agreed upon price for the trees totaled $2,825.00. On March 29, 1984, when Respondent's truck driver picked up the trees, Respondent paid a deposit of $650.00 towards the total amount due. On May 19, 1984, the Respondent made an additional payment of $195.00. The Respondent has not made any further payments on this debt. At the time of this hearing there remained due and owning a balance of $1,980.00. At the time the subject trees were loaded on Respondent's truck the trees were in good condition. The trees were loaded in a proper manner.
Recommendation On the basis of all of the foregoing, it is recommended that a Final Order be entered directing Staghorn Nurseries, Inc., to pay Hel-Bent Tree Farms, Inc., the amount of $1,980.00 for the agricultural products described in the findings of fact, above. In the event the Respondent fails to make such payment within 15 days of the Final Order, it is recommended that the surety be required to pay pursuant to the bond. DONE and ORDERED this 6th day of June, 1985, at Tallahassee, Florida. Hearings Hearings MICHAEL M. PARRISH Hearing Officer Division of Administrative The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative this 6th day of June, 1985. COPIES FURNISHED: Robert A. Chastain, Esquire Department of Agriculture and Consumer Services Mayo Building Tallahassee, Florida 32301 Mr. Joe W. Kight Bureau of License and Bond Department of Agriculture and Consumer Services Mayo Building Tallahassee, Florida 32301 The Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, Florida 32301 Hel-Bent Tree Farms, Inc. 12850 N. Calusa Club Drive Miami, Florida 33186 Staghorn Nurseries, Inc. 8000-118 Avenue, North Largo, Florida Peerless Insurance Company Attn: Mr. William Klausner 62 Maple Avenue Keene, NH 03431
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission revoke the registration of Ronald W. Hoffman as a registered real estate salesman. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 15th day of August, 1977. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of August, 1977. COPIES FURNISHED: Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Ronald W. Hoffman 722 Lithia Road Brandon, Florida 33511 ================================================================= AGENCY FINAL ORDER ================================================================= FLORIDA REAL ESTATE COMMISSION FLORIDA REAL ESTATE COMMISSION, An Agency of the State of Florida, Petitioner, PROGRESS DOCKET NO. 3140 HILLSBOROUGH COUNTY vs. CASE NO. 77-679 RONALD W. HOFFMAN, Respondent. /
The Issue Whether the Respondent, Florida Housing Finance Corporation, properly rejected the application filed by the Petitioner, Miami Sunset Bay Apartments, Limited Partnership, for State Apartment Incentive Loan (SAIL) funds during the 2001 Combined Cycle. In rejecting the application the Respondent concluded that the bond closing of December 15, 2000, constituted "permanent financing" such that the Petitioner was not entitled to participate in the allocation of SAIL funds.
Findings Of Fact On February 26, 2001, the Petitioner applied to the Respondent for SAIL funding for the 2001 Combined Cycle. The Petitioner seeks funding for the construction of Sunset Bay Apartments, a 308-unit residential housing development, located in Miami-Dade County, Florida. The Petitioner's application for funding was designated Application No. 2001-007S. It is undisputed that the Petitioner's project is the type eligible for SAIL funding. The Respondent determined the Petitioner's application did not meet threshold requirements for consideration. The Petitioner timely challenged the rejection of its application. The Respondent is a public corporation organized to provide and promote funding for decent, safe, and sanitary housing for persons and families of low, moderate, and middle incomes. The Respondent receives its funds for the SAIL program from an allocation of documentary stamp tax revenue. When such funds are available, the Respondent processes applications for entities seeking to participate in the SAIL funds. On December 22, 2000, the Respondent published a Notice of Fund Availability that represented $36,470,000.00 was available for the SAIL 2001 Combined Cycle. In response, the Respondent received requests for SAIL funding that totaled $65,565,926.00. The Respondent is obligated by law to apportion the SAIL funds among counties and to competitively award the funds based upon the statutory and rule criteria. Each applicant for SAIL funds is reviewed to assure compliance with the threshold requirements and to assign a score based upon review criteria. In this instance, the Petitioner was initially approved and scored. Such approval was challenged and a Notice of Possible Scoring Error (NOPSE) was filed. The Respondent was then obligated to investigate the allegations of the NOPSE. Accordingly, the Respondent determined that the Petitioner had failed to meet the threshold requirement found in Rule 67- 48.002(97)(b), Florida Administrative Code. The Petitioner was given an opportunity to explain its apparent non-compliance and to submit additional documentation regarding the issue. All applicants considered for funding had the opportunity to review the information submitted by the Petitioner. Thereafter, any applicant could submit a Notice of Alleged Deficiencies (NOAD) to the Respondent. In fact, the Respondent received NOADs challenging this Petitioner's application. After reviewing the matter further, the Respondent determined that the Petitioner failed to meet threshold requirements because it had closed on its permanent financing prior to the submission of the SAIL application. The Petitioner closed on a $13,335,000.00 Housing Finance Authority of Miami-Dade County, Florida Multifamily Housing Revenue Bond Series 2000-5A, and a $740,000.00 Housing Finance Authority of Miami-Dade County, Florida Taxable Multifamily Housing Revenue Bond Series 2000-5B on December 15, 2000. Thereafter, the Petitioner began construction of the project. The financing described in paragraph 17 constituted a substantial portion of the financing for the construction of this project. It was not, however, the only source of financing for the development. On June 27, 2001, the Petitioner closed on a Surtax Loan from Miami-Dade County that provided financing in the amount of $281,000.00 for the subject development. Additionally, the Petitioner has applied to Miami-Dade County for an additional surtax loan in the amount of $719,000.00 for the 2002 cycle for this development. The Respondent maintains that the bond closing of December 15, 2000, constituted "permanent financing" such that Petitioner is not entitled to participate in the SAIL funds. Unlike conventional financing that may require two closings (one for the construction phase, one for the mortgage phase), the Petitioner sought bond financing that was completed with one closing. Thus, all loan documents (Joint Exhibits 8 through 23) were brought to closing and executed on December 15, 2000. The bond documents recognized the construction phase of the project as well as the permanent terms that would govern the repayment of the monies. The bond documents provided for a draw process during the period of construction similar to conventional financing. A second closing after the construction phase is completed is not necessary as the bond documents have pre-determined how the indebtedness is to be calculated and repaid. The Petitioner fully and accurately disclosed bond financing on its application for SAIL funds. As of the date of its application, the Petitioner had begun construction of its development. Moreover, all SAIL funds sought in this cause were to be used for construction of the project, its various amenities, and were not for the refinancing of the project.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent enter a final order that approves the Petitioner for consideration of SAIL funds as it has demonstrated compliance with the threshold requirements of Rule 67- 48.002(97)(b), Florida Administrative Code. DONE AND ENTERED this 30th day of January, 2002, in Tallahassee, Leon County, Florida. ___________________________________ J. D. PARRISH 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 30th day of January, 2002. COPIES FURNISHED: Margaret-Ray Kemper, Esquire Ruden, McClosky, Smith, Schuster & Russell, P.A. 215 South Monroe Street Suite 815 Tallahassee, Florida 32301 Andrew T. Price, Esquire Florida Housing Finance Corporation 227 North Bronough Street Suite 5000 Tallahassee, Florida 32301-1329 Mark Kaplan, Executive Director Florida Housing Finance Corporation 227 North Bronough Street Suite 5000 Tallahassee, Florida 32301 Steven M. Seibert, Secretary Department of Community Affairs 2555 Shumard Oak Boulevard Suite 100 Tallahassee, Florida 32399-2100 Cari L. Roth, General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard, Suite 325 Tallahassee, Florida 32399-2100
The Issue Whether respondent violated Section 498.023, Florida Statutes, by offering or disposing of an interest in subdivided lands (Pinecrest Estates) without first registering it or delivering a public offering statement to the purchasers and, if so, what penalty should be assessed or affirmative action ordered.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Division enter an order assessing a $10,000 civil penalty against respondent for its violation of Chapter 498 Florida Statutes; requiring respondent to fully disclose the adverse features of the Pinecrest Estates property to each of its prior purchasers, such disclosure to be accomplished in a manner approved by the Division; requiring respondent to offer and make full refunds to its prior purchasers who desire a refund, such refunds to be made in a manner approved by the Division and conditioned only on reconveyance of the land to the respondent or recission of the agreement for deed; and requiring respondent to record in the official records of St. Johns County, Florida, all outstanding agreements for deeds covering lots belonging to prior purchasers who, after disclosure, choose not to request refunds. DONE AND RECOMMENDED this 11th day of January, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. 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 11th day of January, 1983.
The Issue Whether Stanley Fried is guilty of violation of Section 475.25(1)(a) and (2), Florida Statutes.
Findings Of Fact Stanley Fried is a registered real estate salesman. Stanley Fried was employed by International Land Services Chartered, Inc. He was paid by International Land Sales Chartered, Inc.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission take no action against the registration of Stanley Fried as a registered real estate salesman. DONE and ORDERED this 7th day of April, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Manuel E. Oliver, Esquire and Charles Felix, Esquire Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Ronald L. Fried, Esquire 2699 South Bayshore Drive Suite 400C Miami, Florida 33133
The Issue The issues to be resolved in this proceeding are whether Respondent committed the violations alleged in the Amended Administrative Complaint dated February 29, 2013, and, if so, what disciplinary action should be taken against Respondent.
Findings Of Fact Petitioner is the state agency charged with the regulation of real estate licensees pursuant to chapter 475, Florida Statutes. At all times material to this case, Mardy was licensed as a Florida Real Estate Broker. Her license number is 3048239. No prior disciplinary action has been brought against Respondent. Mardy has been actively licensed as a broker in Florida since April 6, 2010. From April 8, 2010, to present, Mardy also served as the registered broker with Mardy’s Premier Properties, Inc., license number CQ1036525. The brokerage company was located at 12180 Southshore Boulevard Suite 101A, Wellington, Florida 33414. Approximately seven years ago, Mardy assisted Alix and Patricia Pasquet (“Pasquets”) with a rental transaction. In 2011, when the Pasquets decided that they wanted to lease a rental residence near their sons’ school, they decided to contact Mardy to assist them in obtaining the rental residence since they had been satisfied with her previous service. The Pasquets decided to lease the rental residence at 11188 Millpond Greens Drive, Boynton Beach, Florida 33473, (“Millpond”). The Pasquets made an offer to pay the rent a year in advance to benefit from the reduced rental amount with a full year’s payment. Mardy informed the Pasquets that the rental money needed to be in the U.S. instead of Haiti in order to execute the leasing agreement and then the Millpond owner would accept their offer to lease the property if they showed proof of funds in the U.S. prior to April 6, 2012. On or about April 5, 2012, the Pasquets wired Mardy the total rent for the year in the amount of $33,365.00 to Mardy’s Premier Properties, Inc.’s bank, PNC Bank, at Mardy’s request. Mardy received the monies in the corporation’s operating account ending in 6863. Mardy accepted the Pasquets’ rental funds with the direction to use the monies to secure Millpond as a rental residence for the Pasquets. On or about April 9, 2011, the Pasquets signed a lease addendum, which was predated to April 5, 2011. The addendum indicated the rent payment would be wired to the Millpond owner upon commencement of the lease or prior thereto. After the addendum was signed, Mrs. Pasquet tried to follow-up with Mardy to schedule the Millpond walk through that had been discussed at the previous meeting. She attempted to contact Respondent to no avail for about a week to schedule the Millpond walk through. When Mrs. Pasquet finally reached Mardy, Respondent informed her that her unavailability was because of a death in the family since her grandmother had passed. Around April 25, 2011, Mardy informed Mrs. Pasquet that she no longer had the Pasquets’ $33,365.00. Respondent provided several different reasons for use of the Pasquets’ monies. All explanations given were for both a personal and improper use, and without the Pasquets’ permission. Hence, the undersigned rejects any of Mardy’s excuses as valid or credible. Respondent never delivered the Pasquets’ rental monies to the Millpond owner nor closed the rental deal with the Millpond owner or his agent for the lease of Millpond. At hearing, Respondent admitted that she used the Pasquets’ $33,365.00 without their permission. On or about April 26, 2011, the Pasquets negotiated a lease directly with Millpond owner and leased Millpond for six months. They did the walk through on or about April 29, 2013, and moved into the Millpond property on or about May 8, 2013. After the Pasquets discovered that Mardy had taken their $33,365.00, they contacted an attorney to assist them with the matter to try to get the rental monies back. The police also became involved in the attempt of the Pasquets to get their rental monies back. When the police became involved, Respondent agreed to pay the money back to the Pasquets. On or about July 7, 2011, Respondent paid the Pasquets $10,000.00 with check number 75053315-2. On or about July 8, 2011, Respondent paid the Pasquets $3,365.00 with check number 75115202. On or about October 27, 2011, Respondent paid the Pasquets $5,000.00 with check number 0734873625. At the hearing, Mardy had not made a payment since October 2011. The Pasquets have spent thousands of dollars on legal fees trying to get their rental monies back from Respondent. Respondent owes them approximately $15,000.00. The Pasquets were forced to withdraw unbudgeted funds from their business in order to pay for the six-month lease for Millpond, which has been a financial hardship for the Pasquets. Jonathan Platt ("Investigator Platt") is employed by the Division as a Lead Investigator. Investigator Platt has worked for the Division for approximately 22 years. Investigator Platt was assigned the complaint regarding the Pasquets' missing rental funds. He interviewed Respondent and requested Respondent's corporation bank records as part of his investigation. Mardy failed to deliver the bank records to Investigator Platt. Respondent also failed to maintain an escrow account or accounting of rent deposited into the corporation’s bank account ending in 6863 with PNC Bank. Investigator Platt completed his investigation by obtaining Mardy's requested records directly from PNC Bank with an investigative subpoena duces tecum. Afterwards, the Division issued an Administrative Complaint against Mardy in which it charged violations of sections 475.25(1)(b), 475.42(1)(i), 475.25(1)(d)1, 475.25(1)(e), Florida Statutes (2010); and Florida Administrative Code Rules 61J2-14.012(1) and 61J2- 14.010(1). Respondent challenged the Administrative Complaint and requested a hearing. No dispute exists that the request for hearing was timely filed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Real Estate, enter a final order: Finding Guirlande Mardy violated Counts 1, 3, 4, and 5 of the Amended Administrative Complaint; and Imposing revocation of Guirlande Mardy's license identified herein. DONE AND ENTERED this 30th day of April 2013, in Tallahassee, Leon County, Florida. S JUNE C. McKINNEY 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 30th day of April, 2013. COPIES FURNISHED: Christina Ann Arzillo, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399 Guirlande Mardy 14541 Draft Horse Lane Wellington, Florida 33414 Juana Watkins, Director Division of Real Estate 400 W Robinson Street, N801 Orlando, Florida 32801 Darla Furst, Chair Real Estate Commission Department of Business and Professional Regulation 400 W Robinson Street, N801 Orlando, Florida 32801 J. Layne Smith, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearings the following facts are found: At all times pertinent to this proceeding, Petitioner was a producer of agricultural products in the State of Florida as defined in Section 604.15(5), Florida Statutes (1983). However, since the pallets were not an agricultural product produced by Petitioner and were not considered in the price of the bahia sod but were exchanged back and forth between Petitioner and his customer, including Respondent American, they are not considered to be an agricultural product in this case and are excluded from any consideration for payment under Section 604.15-604.30, Florida Statutes. The amount charged Respondent American for these pallets was $1,188.00. At all times pertinent to this proceeding, Respondent American was a licensed dealer in agricultural products as defined by Section 604.15(1), Florida Statutes (1983), issued license No. 3774 by the Department, and bonded by Respondent Peerless Insurance Company (Peerless) in the sum of $15,000 - Bond No. SK-2 87 38. At all times pertinent to this proceeding, Respondent Peerless was authorized to do business in the State of Florida. The complaint filed by Petitioner was timely filed in accordance with Section 604.21(1), Florida Statutes (1983). During the month of January, 1985 Respondent American purchased numerous pallets of bahia grass sod from Petitioner paying $16.00 per pallet but has refused to pay for 240 pallets at $16.00 per flat for a total amount of $3,840.00 picked up by Respondent American's employees and billed by Petitioner between January 16, 1985 and January 26, 1985. Respondent American did not contest having received 204 pallets of bahia grass sod represented by invoice number. 6774- for 18 pallets on 1/16/85; 6783, 6785, and 6788 for 18 pallets each on 1/17/85; 6791, 6793, 6794, 6795, and 6800 for 16 pallets each on 1/18/85 and 6799 for 18 pallets on 1/18/85, 6831 for 18 pallets on 1/28/85; and 6834 for 16 pallets on 1/30/85 but contested invoice numbers 6835 and 6836 for 18 pallets each on 1/26/85. Gary L. Curtis stipulated at the hearing that Respondent American had received the 36 pallets of bahia grass sod represented by invoice numbers 6835 and 6836 which left only the matter of Respondent American's contention that it was owed credit for 20 pallets of bahia sod received in December, 1984 that was of poor quality and fell apart and had to be replaced because it could not be used. The evidence was insufficient to prove that any of the sod purchased by Respondent American from Petitioner fell apart or was of poor quality and as a result could not he utilized by Respondent American.
Recommendation Based upon the Findings of Fact and Conclusions of Law recited herein it is RECOMMENDED that Respondent American be ordered to pay to the Petitioner the sum of $3,840.00. It is further RECOMMENDED that if Respondent American fails to timely pay the Petitioner as ordered then Respondent Peerless be ordered to pay the Department as required by Section 604.21, Florida Statutes (1983) and that the Department reimburse the Petitioner in accordance with Section 604.21, Florida Statutes (1983). Respectfully submitted and entered this 10th day of March, 1986, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 10th day of March, 1986. COPIES FURNISHED: Doyle Conner, Commissioner Department of Agriculture and Consumer Services The Capitol Tallahassee, Florida 32301 Robert Chastain, General Counsel Department of Agriculture and Consumer Services Mayo Building, Room 513 Tallahassee, Florida 32301 Ron Weaver, Esquire Department of Agriculture and Consumer Services Mayo Building Tallahassee, Florida 32301 Joe W. Kight, Chief License and Bond Mayo Building Tallahassee, Florida 32301 Gary L. Curtis, President American Sod Company, Inc. Post Office Box 1370 Longwood, Florida 32750 Mid Florida Sod Company 4141 Canoe Creek Road St. Cloud, Florida 32769 Peerless Insurance Company 611 Aymore Road/Suite 202 Winter Park, Florida 32789 Raymond E. Cramer Esquire Post Office Box 607 St. Cloud, Florida 32769
