STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LABOR AND )

EMPLOYMENT SECURITY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-1068

)

MARY WHITE, )

)

Respondent. )

)

RECOMMENDED ORDER

A final hearing was held on June 2, 1987 in Wauchula, Florida, before DONALD D. CONN, a duly designated Hearing Officer of the Division of Administrative Hearings, to determine whether Mary White (Respondent) has violated provisions of the Farm Labor Contractor Act Chapter 450, Part III, Florida Statutes, as alleged by the Department of Labor and Employment Security (Petitioner). Moses E. Williams, Esquire, represented Petitioner, but Respondent did not appear and was not represented.

At the hearing, Petitioner introduced six exhibits and called Larry Coker, compliance officer, to testify. No transcript has been filed and Petitioner has waived the filing of proposed findings of fact and conclusions of law.

FINDINGS OF FACT

1. Respondent is currently a registered farm labor contractor with Social Security Number 248-92-9496 and certificate number 4-92-9496-G87R.

   
   

2. On or about February 11, 1986, Respondent acted as a farm labor contractor without a certificate of registration which was in full force and effect, and in her possession.

   
   

3. While acting as a farm labor contractor in February, 1986, she failed to display prominently at the site where work was to be performed, and also failed to display on all vehicles she used to transport employees, a written statement in the workers' language showing the rate of compensation she received from the grower, and the rate of compensation she was paying her employees.

   
   

4. In connection therewith, Respondent also failed to submit evidence to Petitioner that each vehicle she used to transport employees complied with the requirements of Chapters 316 or 320, Florida Statutes, prior to transporting farmworkers, or in lieu thereof, bore a valid inspection sticker showing the vehicle had passed the inspection in the state in which it was registered.

   
   

5. She also failed to submit proof that she had taken out a policy of insurance to insure against liability for damage to persons or property arising out of the operation or ownership of a vehicle she used in February, 1986, to transport workers in connection with her acting as a farm labor contractor.

6. Respondent failed to prominently display a copy of her application for a certificate of registration at the site where work was being performed in February, 1986 and also on all vehicles she used to transport employees.

   
   

7. Prior to contracting for the employment of farmworkers, Respondent did not insure that the farm labor contractor displayed to her a current certificate of registration issued by Petitioner.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this case. Section 120.57(1), Florida Statutes. The Petitioner is seeking to impose an administrative fine against Respondent. Therefore, Petitioner has the burden of proof in this case, and must establish the alleged violations by clear and convincing evidence. Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977); Bowling v. Department of Insurance, 394 So.2d 165 (Fla. 1st DCA 1981); Florida Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981).

   
   

9. Section 316.620, Florida Statutes, requires carriers of migrant farm workers to insure that their vehicles adhere to standards set forth therein, or in lieu thereof, display a valid inspection sticker showing that the vehicle has passed inspection in the state in which it is registered, as stated in Section 450.33(9), Florida Statutes, and Rule 33B-4.004(5), Florida Administrative Code.

   
   

10. Section 450.33(5), Florida Statutes, requires farm labor contractors to take out an insurance policy which insures against liability for damage to persons or property arising out of the operation of any vehicle used to transport individuals in connection with their farm labor business. See also Rule 38B- 4.005(1), Florida Administrative Code.

    
    

11. The evidence is unrefutted that Respondent totally failed to comply with the above-cited requirements. It has clearly and convincingly been established that she transported migrant farm workers in connection with her farm labor contractor business, in a vehicle which did not have the required inspection sticker or liability insurance.

    
    

12. Respondent also violated Section 450.30, Florida Statutes, by acting as a farm labor contractor without being registered with Petitioner. See Rule 385-4.003, Florida Administrative Code. It has been shown, in addition, that she violated Section 450.33(4), Florida Statutes, by failing to display a copy of her application for a certificate of registration and a written statement showing the rate of compensation received from the grower and paid to her workers. See Rule 335-4.008, Florida Administrative Code. Finally, she violated Section 450.35, Florida Statutes, by employing farm labor workers from a farm labor contractor without insuring or requiring that contractor to display a current certificate of registration.

    
    

13. Petitioner is authorized to impose an administrative fine of up to

$1000 for each violation of Chapter 450, Part III, Florida Statutes. See Section 450.38(2), Florida Statutes, as created by Chapter 85-243, Laws of Florida. In this case, Petitioner has clearly established that Respondent's actions in February, 1986, constitute five violations for which administrative penalties may be assessed.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order assessing an administrative penalty of $2600.00 against Respondent.

DONE AND ENTERED this 8th day of June, 1987, in Tallahassee, Leon County, Florida.

DONALD CONN

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550 904/488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of June, 1987.

COPIES FURNISHED:

Moses E. Williams, Esquire Department of Labor and

Employment Security

2562 Executive Center Circle East Montgomery Building

Tallahassee, Florida 32399-2152

Mary L. White

13 Garvey Lane Frostproof, Florida 33843

Hugo Menendez, Secretary Department of Labor and

Employment Security

206 Berkeley Building

2590 Executive Center Circle East Tallahassee, Florida 32399-2152

Kenneth Hart, Esquire General Counsel Department of Labor and

Employment Security

131 Montgomery Building

2562 Executive Center Circle East Tallahassee, Florida 32399-2151

Docket for Case No: 87-001068

Orders for Case No: 87-001068