17-005293 Amir Ahmad vs. Citra-Life, Inc., And Platt River Insurance Company, As Surety Status: Closed Recommended Order on Friday, December 1, 2017.

Summary: Petitioner did not appear at the final hearing. Consequently, Petitioner failed to meet his burden of proving that Respondent was indebted to him for the purchase of citrus products.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMIR AHMAD,

Petitioner,

vs. Case No. 17 - 5293

CITRA - LIFE, INC., AND PLATT

RIVER INSURANCE COMPANY, AS

SURETY,

Respondents.

_______________________________/

RECOMMENDED ORDER OF DI SMISSAL

The final hearing in this matter was conducted before

J. 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

Tallaha ssee, 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

ÐDepartmentÑ) asserting that he was not fully compensated for his

sale of citrus fruit to Respondent, Citra - Li fe, Inc. (ÐCitra -

LifeÑ).

The Department referred this matter to the Division of

Administrative Hearings (ÐDOAHÑ) on September 14, 2017, and

requested assignment of an Administrative Law Judge to conduct a

chapter 120 evidentiary hearing.

On October 13, 20 17, 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.

FINDING S 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 ei ther 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 p arties 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. DepÓt of ProfÓ l Reg. ,

522 So. 2d 1056 (Fla. 5th DCA 1988); Balino v. DepÓ 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.; DepÓ 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 Departmen t.

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 De partment of Agriculture and

Consumer Services enter a final order dismissing PetitionerÓs

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.sta te.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

B ureau 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 Co mpany

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 Cap ital, 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.