Department of Agriculture and Consumer Services, Division of Fruit and Vegetables

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Fruit and Vegetables

NOTICE OF INTENT TO GRANT CERTIFICATES OF EXEMPTION

FROM THE PEANUT MARKETING ORDER

The Florida Department of Agriculture and Consumer Services gives notice of its intent to grant Certificates of Exemption from the Peanut Marketing Order pursuant to Section 573.1201, Florida Statutes, to the following petitioners:

	Petitioner	Address
	Tillis Farms, LLC	P.O Box 1669	Chiefland, FL	32644
	Karen Tillis	P.O Box 1669	Chiefland, FL	32644
	Murray Tillis	P.O Box 1669	Chiefland, FL	32644
	Harold Tillis	P.O Box 1669	Chiefland, FL	32644
	Sanchez Farms, LLC	479 NE 446th Street	Old Town, FL	32680
	Herman Sanchez, Jr.	479 NE 446th Street	Old Town, FL	32680
	Virginia Sanchez	479 NE 446th Street	Old Town, FL	32680
	Herman Sanchez, III	479 NE 446th Street	Old Town, FL	32680
	Kelby Sanchez	479 NE 446th Street	Old Town, FL	32680
	Jason Raulerson	23748 NW 142nd Ave.	High Springs, FL	32643
	Townsend Brothers Ag. Enterprises, LLC	5608 County Road 249	Live Oak, FL	32060
	Harold Land II Farm	13038 161st Road	Live Oak, FL	32060
	S + K Barrington Farms	606 SW Freedom Road	Mayo, FL	32066
	R Moore Farms, Inc	15869 SR 51	Live Oak, FL	32060
	Shaw Farms Partnership	P.O Box 357	Mayo, FL	32066
	Erwin Stansel	5553 164th Street	Wellborn, FL	32094
	Dwight Stansel	5553 164th Street	Wellborn, FL	32094
	Gwinn Bros Farm LLC	17233 99th Dr	Mcalpin, FL	32062
	83 Farms LLC	6510 N US Hwy 129	Bell, FL	32619
	Rachelle Philman	6510 N US Hwy 129	Bell, FL	32619
	Keith Philman	6510 N US Hwy 129	Bell, FL	32619
	Rodney Watson	3952 SW CR 18	Ft White, FL	32038
	Rhett Watson	3952 SW CR 18	Ft White, FL	32038
	Keri VanAernam	PO Box 54	Bell, FL	32619
	Frankie VanAernam	PO Box 54	Bell, FL	32619
	Heath Carlisle	7200 SE 30th St	Trenton, FL	32693
	Trent Pridgeon	7220 NW 22nd Ct	Bell, FL	32619
	David Mikell	3219 SW CR 232	Bell, FL	32619
	Kelly Philman	6510 N US Hwy 129	Bell, FL	32619

 

The above petitioners applied for a Certificate of Exemption from the Peanut Marketing Order pursuant to Section 573.1201, Florida Statutes, for the 2016 peanut harvest season, and alleged funds from the marketing order had been used in a manner detrimental to their interests as Florida peanut growers. Based on the allegations made and supporting documentation submitted by the petitioners, the Department has found that the petitioners have been adversely affected by reason of the Peanut Marketing Order. The certificates exempt the petitioners from paying two of the three dollars assessed and is only valid for the 2016 peanut harvest season.

To obtain a copy of the proposed Final Order Granting a Certificate of Exemption from the Peanut Marketing Order, please contact: LaSharonte Williams-Potts, 407 S. Calhoun St., Ste. 520, Tallahassee, Florida 32399, [phone], [e-mail].

A person whose substantial interests are affected by the Department’s proposed action may petition for an administrative proceeding (hearing request) under Sections 120.569 and 120.57, F.S., and may be represented by counsel or other qualified representative. Pursuant to Rule 28-106.201, F.A.C., a request for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b)The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.

The hearing request must be filed (received by the Department) with the Department at 407 South Calhoun Street, Tallahassee, Florida, 32399-0800 within 21 days of publication of this notice (February 22, 2017). Also, a copy of the hearing request shall be mailed to the petitioners at the addresses indicated above at the time of filing.

Mediation is not available as an alternative remedy. Failure to file a hearing request within 21 days of publication of this notice will constitute a waiver of your right to an administrative hearing, and a Certificate of Exemption will be issued to the applicants listed above.