The Issue The issue is whether Respondent Gulf Coast Foodservice, Inc., or its surety, Respondent United Pacific Insurance Company, is liable for funds due to Petitioner Hillandale Farms, Inc. for the sale of agricultural products.
Findings Of Fact Petitioner is a producer of agricultural products as defined by Section 604.15(5), Florida Statutes. Petitioner produces eggs on a farm that it owns in or near Lake City, Florida. Respondent Gulf Coast is a dealer in agricultural products as defined by Section 604.15(1), Florida Statutes. Respondent Gulf Coast operates a food service distributorship in the state of Florida. Eggs are agricultural products as defined in Section 604.15(3), Florida Statutes. Respondent United Pacific is Respondent Gulf Coast's surety. Pursuant to an agreement between Petitioner and Respondent Gulf Coast, Petitioner sold and shipped eggs to Respondent Gulf Coast from Petitioner's Hillandale-Bushnell Division. Respondent Gulf Coast initially paid thousands of dollars on invoices for shipments of eggs it received from Petitioner. On August 25, 1997, Respondent Gulf Coast paid $1,287.00 on its account with Petitioner. This payment created an overpayment in the amount of $247.50 for Invoice No. 21938 dated May 31, 1997. As of October 23, 1997, Respondent Gulf Coast's account with Petitioner included the following unpaid/overpaid invoices: 6/19/97 22144 810.00 7/2/97 22489 1,665.00 7/15/97 22870 1,701.00 7/28/97 23211 2,340.00 8/11/97 23606 2,043.00 8/18/97 23800 1,665.00 8/25/97 24318 1,233.00 Total Balance Due $11,209.50 Invoice Date Invoice No. Balance Due 5/31/97 21938 $ (247.50) Respondent Gulf Coast currently owes Petitioner for unpaid invoices in the amount of $11,209.50.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED: That the Florida Department of Agriculture and Consumer Services enter a Final Order requiring Respondent Gulf Coast, or its surety, Respondent Union Pacific, to pay Petitioner for unpaid invoices in the amount of $11,209.50. DONE AND ENTERED this 1st day of October, 1998, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD 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 Filed with the Clerk of the Division of Administrative Hearings this 1st day of October, 1998. COPIES FURNISHED: Stephen C. Bullock, Esquire Brannon, Brown, Haley, Robinson, and Bullock, P.A. 10 North Columbia Street Lake City, Florida 32056-1029 Saul Zalka, President Gulf Coast Foodservice, Inc. 8402 Lemon Road Port Richey, Florida 34668 United Pacific Insurance Company 4 Penn Center Plaza Philadelphia, Pennsylvania 19103 Phillip H. Hudson, III, Esquire One Biscayne Boulevard, Suite 3400 Miami, Florida 33131 Soneet R. Kapila, Chapter 7 Trustee Suite 2601 1 East Broward Boulevard Fort Lauderdale, Florida 33301 Geoffrey S. Aaronson, Esquire Suite 1050 200 South Biscayne Boulevard Miami, Florida 33131 Steven Turner, Esquire Suite 1204 51 Southwest 1st Avenue Miami, Florida 33131 Brenda Hyatt, Chief Department of Agriculture and Consumer Services 508 Mayo Building Tallahassee, Florida 32399-0800 Richard Tritschler, General Counsel Department of Agriculture and Consumer Services The Capitol, Plaza Level 10 Tallahassee, Florida 32399-0810 Bob Crawford, Commissioner Department of Agriculture and Consumer Services The Capitol, Plaza Leve 10 Tallahassee, Florida 32399-0810
Findings Of Fact Frank M. Murphy, Respondent, on May 26, 1977, filed a voluntary petition of bankruptcy in the U.S. District Court for the Northern District of Florida and was discharged November 4, 1977. At the time of the filing of the Administrative Complaint Respondent's license had lapsed by reason of his failure to renew, but the license was subsequently reinstated and is now current. Since his discharge by the bankruptcy court Respondent has continued doing work under his general contractor's license and no complaints against him have been received by Petitioner. Respondent's creditors whose debts were discharged in the bankruptcy proceedings continue to do business with Respondent on a cash basis. The First City Bank in Gainesville, Florida has, since his discharge in bankruptcy, extended Respondent credit in the amount of $3,000 and the account is current in accordance with the terms of the loan. The billings of the accountant who has done Respondent's account work since his discharge are current. Delores J. Mathys loaned Respondent in excess of $10,000 prior to his charge in bankruptcy and has loaned him additional money subsequent to his discharge. She is currently negotiating with him for the construction of a new home. Keller Building Products has, since Respondent's discharge in bankruptcy, extended Respondent credit to the extent of $5,000 and this account is current. Other suppliers have extended Respondent credit since his discharge and his accounts with them are curent. Subcontractors who have done work on projects for which Respondent is general contractor since his discharge have been paid. Other customers for whom Respondent has done work since his discharge are satisfied with his work and will continue to employ him as their contractor. Exhibit 2, a financial statement dated April 25, 1978 shows Respondent to have a current net worth in excess of $85,000, some $78,000 of which consists of real property owned jointly with his wife. Respondent's reputation in the business community in which he utilizes his certification is good.
