STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LABOR AND ) EMPLOYMENT SECURITY, DIVISION ) OF LABOR, EMPLOYMENT AND )

TRAINING, )

)

Petitioner, )

)

vs. ) CASE NO. 86-4344

)

NOE FLOREZ, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, W. Matthew Stevenson, held a formal hearing in this cause on March 20, 1987 in Vero Beach, Florida. The following appearances were entered:

FOR PETITIONER: Moses E. Williams, Esquire

Montgomery Building, Suite 117 2562 Executive Center Circle Tallahassee, Florida 32399-0658

FOR RESPONDENT: No appearance

BACKGROUND

By letter dated April 8, 1986, the Department of Labor and Employment Security, Division of Labor, Employment and Training assessed a civil money penalty of $1,000 against Respondent for allegedly contracting to supervise farmworkers without registering as a farm labor contractor, in violation of Chapter 450, Part III, Florida Statutes and Rule 38B-4, F.A.C. The Respondent disputed the factual allegations raised in the letter and requested a formal administrative hearing.

This cause came on for final hearing on March 20, 1987. The Respondent was not present at the formal hearing and did not send a representative. The Petitioner presented the testimony of 2 witnesses. In addition, Petitioner's Exhibits 1 through 9 were duly offered and admitted into the record. The Petitioner submitted post hearing proposed findings of fact. A ruling has been on each proposed finding of fact in the Appendix to this Recommended Order.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, I hereby make the following findings of fact:

1. On January 9, 1986, Ron Brooks, Crew Chief Compliance Officer for the Bureau of Agricultural Programs performed a compliance check in a citrus grove on Lindsey Road, Indian River County, owned by Hamilton Groves of Vero Beach, Florida.

   
   

2. Brooks observed Hector Florez and Juan Florez apparently supervising two crews harvesting crops across the road from one another. When Brooks confronted the two men, neither Hector nor Juan Florez could produce a certificate of registration and there were no "Work Conditions Statement" postings at either worksite.

   
   

3. Both Hector and Juan Florez stated that the Respondent, Noe Florez, was the contractor and that they worked for him. They stated that Respondent was running another crew at a different location.

   
   

4. Later that day, Brooks' investigation revealed that Richard Kirkland was the primary contractor. When Brooks spoke with Kirkland, Kirkland stated that the workers were split up into three crews and that Respondent worked for him and was in charge of all three crews.

   
   

5. On January 9, 1986, the Respondent was not registered as a farm labor contractor with the Department of Labor and Employment Security.

   
   

6. Brooks subsequently issued violation citations to Richard Kirkland for working an unregistered crewleader and to Respondent, for failure to register as a farm labor contractor.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties to, and subject matter of, these proceedings. Section 120.57(1) Florida Statutes.

   
   

8. The Respondent is charged with the responsibility of implementing and enforcing the provisions of the "Farm Labor Registration Law," Chapter 450, Part III, Florida Statutes.

   
   

9. Rule 38B-4.03, F.A.C. prohibits any person from acting as a farm labor contractor until a certificate of registration has been issued to him by the Division of Labor, Employment and Training of the Florida Department of Labor and Employment Security.

   
   

10. A "farm labor contractor" is defined as any person who, for a fee or other valuable consideration, directs, supervises or controls one (1) or more farmworkers. See Section 450.28(1)(b), Florida Statutes and Rule 38B- 4.02(3)(b), F.A.C.

    
    

11. On January 9, 1986, the Respondent was supervising a crew of farm workers on a citrus grove in Vero Beach, Florida. At that time, the Respondent was not registered as a farm labor contractor in the State of Florida.

    
    

12. Pursuant to Rule 38B-4.12(1), F.A.C., a civil penalty of up to $1,000 may be assessed for each violation of the provisions of Chapter 450, Part III, Florida Statutes.

RECOMMENDATIONS

Based on the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a civil penalty of $1,000 be assessed against Respondent. DONE and ORDERED this 17th day of April, 1987 in Tallahassee, Leon County,

Florida.

W. MATTHEW STEVENSON 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 17th day of April, 1987.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-4344M

The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case.

Rulings on Proposed Findings of Fact Submitted by the Petitioner (None submitted)

Rulings on Proposed Findings of Fact Submitted by the Respondent

1. Adopted in Finding of Fact 4.

2. Adopted in Finding of Fact 6.

3. Rejected as unnecessary and/or subordinate.

4. Addressed in Procedural Backgrounds Section.

COPIES FURNISHED:

Moses E. Williams, Esquire. Department of Labor and Employment Security

The Montgomery Bldg., Suite 117 2562 Executive Center, East Tallahassee, Florida 32399-0658

Noe B. Florez 6990 45th Street

Vero Beach, Florida 32960

Kenneth Hart, Esquire General Counsel Department of Labor and Employment Security

131 Montgomery Building

2562 Executive Center Circle, East Tallahassee, Florida 32399-0658

Hugo Menendez Secretary Department of Labor

and Employment Security

206 Berkeley Bldg.

2590 Executive Center Circle, East Tallahassee, Florida 32399-2152

Docket for Case No: 86-004344

Orders for Case No: 86-004344