STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LABOR AND EMPLOYMENT ) SECURITY, )

)

Petitioner, )

)

vs. ) CASE NO. 88-2581

)

WILLIAM R. DANIELS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on October 27, 1988 in Port St. Lucie, Florida.

APPEARANCES

For Petitioner: Moses E. Williams, Esquire

Department of Labor and Employment Security

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

For Respondent: William R. Daniels, pro se

227 Sterrett Circle

Port St. Lucie, Florida 33395 ISSUE PRESENTED

The issue presented for decision herein is whether or not Petitioner contracted for the employment of farmworkers with a farm labor contractor before the contractor displayed a current certificate of registration issued by Petitioner, and if so, what, if any, administrative penalty is appropriate.

FINDINGS OF FACT

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

1. Respondent, William R. Daniels, has been a farm labor contractor since 1949. Respondent retained the services of Edward J. Smith to assist him in fruit harvesting activities during the 1987 season.

   
   

2. On February 18, 1988, Tommy L. Sumpter, a Compliance Officer employed by Petitioner, performed a compliance check on fruit harvesting activities located off 66th Avenue in Vero Beach, Florida.

3. The compliance check by Sumpter revealed, that Edward J. Smith was supervising citrus workers on behalf of Respondent. Smith transported workers to the citrus field in Vero Beach in van owned by Respondent.

   
   

4. Smith displayed his Federal Certificate of Registration which was valid through December 1988. Smith displayed his State Certificate which expired in December 1987. A confirmation check of Smith's Florida Certificate of Registration reveals that his certificate, in fact, expired on December 31, 1987.

   
   

5. Smith registered at the Petitioner's Fort Pierce Job Service Office on February 23, 1988. Mr. Smith was cited for failing to register as required by section 450.30, Florida Statutes.

   
   

6. Respondent submitted a verification of employment form which indicates that Smith was employed by him on October 15, 1987, and was paid $75.00 minus social security contributions, per truck load of citrus harvested by Smith's workers.

   
   

7. By letter dated May 3, 1988, Respondent was issued the subject Administrative Complaint and notified that a civil money penalty was being assessed against him in the amount of $500.00 on the basis that he contracted for the employment of farm workers with a farm labor contractor before that contractor displayed a current certificate of registration issued by Petitioner.

   
   

8. When Respondent retained the services of Smith, as a farm labor contractor, Smith's Florida Certificate of Registration was expired and he therefore could not have displayed a current certificate of registration to Respondent before he was employed.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this action.

   
   

10. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

11. The authority of the Petitioner is derived from Chapter 450, Florida Statutes.

    
    

12. Chapter 450.30, Florida Statutes, sets forth the requirements for registration as follows:

    
    

    1. No person may act as a farm labor contractor until a certificate of registration has been issued to him by the Division and unless such certificate is in full force and effect and is in his possession.

       
       

13. Section 450.35, Florida Statues, provides in pertinent part that it is unlawful for any person to contract for employment of farm workers with any farm labor contractor until the labor contractor displays to him a current certificate of registration issued by the Division.

14. Competent and substantial evidence was afforded herein to establish that at the time Respondent engaged the services of Edward J. Smith as a farm labor contractor, he failed to display to him a current certificate of registration issued by the Division.

    
    

15. Subsection 450.38(2), Florida Statutes, authorizes the Petitioner to assess a civil penalty of not more than $1,000.00 for each violation of Chapter

450 or any rule adopted thereunder. To implement that requirement, Petitioner promulgated rule 38B-4.12(1), Florida Administrative Code, which authorizes Petitioner to impose a civil penalty of not more thank $1,000.00 for each violation of Chapter 38B-4, Florida Administrative Code or Chapter 450, part 3, Florida Statutes. As such, Petitioner was authorized to impose a civil penalty against Respondent in the amount of $500.00 for contracting for the employment of farm workers with Edward J. Smith as alleged.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that:

Petitioner enter a final order imposing a $500.00 civil penalty against Respondent payable within thirty days of the issuance of its final order, for contracting for the employment of farmworkers with a farm labor contractor before the farm labor contractor displayed to him a current certificate of registration issued by Petitioner.

DONE and ORDERED this 19th day of January, 1989, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The Oakland Building

2900 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 19th day of January, 1989.

COPIES FURNISHED:

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

Suite 117, Montgomery Building

590 Executive Center Circle East Tallahassee, Florida 32399-2152

William R. Daniel

227 Sterrett Circle

Port St. Lucie, Florida 33395

Hugo Menendez, Secretary Department of Labor and Employment Security

206 Berkeley Building 2590 Executive Center Circle, East

Tallahassee, Florida 32399-2152

Kenneth Hart General Counsel

Department of Labor and Employment Security

131 Montgomery Building 2562 Executive Center Circle, East

Tallahassee, Florida 32399-2152

Docket for Case No: 88-002581

Orders for Case No: 88-002581