DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Fruit and Vegetables
NOTICE OF INTENT TO GRANT A CERTIFICATE OF EXEMPTION FROM THE PEANUT MARKETING ORDER
The Florida Department of Agriculture and Consumer Services gives notice of its intent to grant a Certificate of Exemption from the Peanut Marketing Order pursuant to Section 573.1201, Florida Statutes, to the following petitioner:
Adams MD Farm, Inc.
6834 NW 44th Street
Jennings, FL 32053
The above petitioner 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 its interest as a Florida peanut grower. Based on the allegations made and supporting documentation submitted by the petitioner, the Department has found that the petitioner has been adversely affected by reason of the Peanut Marketing Order. The certificate exempts the petitioner 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, (850)245-1000, Lasha.Williams@FreshFromFlorida.com.
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 (March 22, 2017). Also, a copy of the hearing request shall be mailed to the petitioner at the address 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 petitioner listed above.
