Findings Of Fact The Respondent, Ralph Woodson, requested a formal administrative hearing on or about March 6, 1987, with respect to civil penalties which the Petitioner proposed to levy on the Respondent. P. Ex. 5. A formal administrative hearing was initially set for June 23, 1987, by notice of hearing mailed to the Respondent at his address at Route 1, Box 410B, Groveland, Florida 32236. This was the address that was recorded for Ralph Woods on the Farm Labor Contractor Registration Complaint which was forwarded to the Division of Administrative Hearings by the Department of Labor and Employment Security as pertaining to the request for hearing by the Respondent. That same document is P. Ex. 1. On May 26, 2987, a continuance was granted in the case, and an amended notice of hearing was sent to the Respondent, Ralph Woodson, at the same address. The amended notice of hearing scheduled the case for 9:00 A.M., December 4, 1987, room 532, Curtis Petersen Building, 200 N. Kentucky, Lakeland, Florida. The Hearing Officer was in the above hearing room until after 10:00 A.M. on December 4, 1987, but the Respondent did not attend the hearing. The Respondent had adequate notice of the formal hearing. On May 13, 1986, Mr. Woodson was observed by the compliance officer, William R. Brooks, driving a Ford van carrying three workers. When he arrived, Mr. Woodson gave directions to the workers as to where to go in the grove and what to pick. Mr. Woodson admitted to Mr. Brooks that he was the crew leader for those workers as well as other workers in the grove at that time. On May 13, 1986, the Respondent was working as a labor crew leader or farm labor contractor in an orange grove in Indian River County. The Ford van had numerous safety defects. There were rust holes in the floor boards, the tires were slick (no tread) so as to be likely to cause failure, and the benches upon which the workers were sitting as they rode into the grove were not secured to the floor properly. The Ford van had been used by Mr. Woodson to transport workers 120 miles one-way on the day in question. Mr. Woodson had an expired state registration with him but was not registered with the State of Florida as a farm labor contractor on May 13, 1986. Mr. Woodson had a State of Florida registration application in his possession stating that he intended to be a farm labor contractor and not transport workers. Notwithstanding that fact, he was transporting workers. The van in which Mr. Woodson was transporting workers was not covered by any motor vehicle insurance. Mr. Woodson was aware that he was supposed to have postings in his vehicle and at the work site, but did not.
Recommendation It is therefore recommended that the Department of Labor and Employment Security enter its final Order finding that the Respondent, Ralph Woodson, has violated the above enumerated statutes and assessing a civil penalty of $2,600. DONE and RECOMMENDED this 14th day of December, 1987, in Tallahassee, Florida. WILLIAM C. SHERRILL, JR. 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 14th day of December, 1987. 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 Ralph Woodson Route 1, Box 410B Groveland, Florida 32236 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 32399-2152
Findings Of Fact On September 17, 1987, the Petitioner entered a nolo contendere plea to two felonies: possession of cocaine and possession of marijuana. The plea was entered in Case No. 86-342-CF, in the Circuit Court of DeSoto County, Florida, and the Petitioner was adjudged guilty of the offenses. In the Court's judgment of guilt, it was found to the Court's satisfaction that the Petitioner was not likely again to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that RICHARD EPPS should suffer the penalty authorized by law. As a result of the Court's findings, the Petitioner, RICHARD EPPS, was sentenced to three years probation. He was ordered to serve five months in the county jail as a condition of that probation. On January 25, 1988, the Petitioner completed an application for a Florida Farm Labor Contractor Certificate of Registration. The purpose of the application was to obtain a new certificate as he was no longer eligible for a renewal of his prior certificate. On March 16, 1988, the Respondent notified the Petitioner of its intent to refuse to issue the certificate of registration. The reasons given were: 1) The U.S. Department of Labor recommended against it due to the felony convictions. 2) By rule, the Respondent is required to cooperate with any federal agency. 3) Once a certificate is obtained, each contractor must comply with all applicable statutes, rules, and regulations for the protection or benefit of labor. The Petitioner has used marijuana in the past. He has never used it during working hours, and his work crew was unaware that he has ever used marijuana. He has never allowed drugs in the work place and he no longer uses marijuana. The Petitioner has never used cocaine or other illegal drugs, except for the marijuana. The Petitioner's arrest on November 6, 1986, for the possession of cocaine and marijuana was a result of his location in the wrong place at the wrong time. When he went to his marijuana supplier's home to purchase marijuana for his personal use, the house was raided by the Arcadia Police Department. Originally, all of the people within the house where individually charged with possession of all of the drugs stored there. The Petitioner's plea of nolo contendere was a result of a plea bargain agreement. The Petitioner is aware that his former drug activity was criminal in nature, and he has stopped his marijuana use with the help of voluntary counseling, his family, the fact that he is on probation, and the fact that his habit got him into serious trouble. The Petitioner will not endanger the safety of a work crew as a result of his past use of marijuana. There is no evidence that the safety of the work crew was ever endangered as a result of the Petitioner's past habit or that his presence in the fields will be harmful to farm workers. The Petitioner has never engaged in transporting farm workers beyond state lines. His crew leader activities are confined to less than twenty workers and he works for one farmer, Mr. Bobby Williams in Arcadia, Florida.
Findings Of Fact At all times pertinent to this proceeding, Respondent was a registered farm labor contractor as that term is defined in Section 450.28(1), Florida Statutes with Social Security number 426-98-6045 and certificate number 06506 with an expiration date of March 31, 1987. On November 20, 1986, at 8:30 a.m. at a road block north of Zolfo Springs, Florida at the intersection of State Highway number 64 and U.S. Highway number 17 in Hardee County, Florida a 1978 Ford pickup truck registered to Edgar T. Coleman, Post Office Box 5, Umatilla, Florida, license number 778 ETK, Vehicle Identification Number F15HKACA8834, driven by Joe Carl Stephens, was found to be transporting seven (7) farm workers. There was no application for certification for either Joe Carl Stephens or Edgar T. Coleman posted in the 1978 Ford pickup truck referred to in paragraph 2 and the truck at that time was not registered with Petitioner under Chapter 450, Florida Statutes. Although Joe Carl Stephens later obtained certification as a farm labor contractor, he was not a certified farm labor contract as that term is defined in Section 450.28(1), Florida Statutes at the time he was stopped in the road block. At the time Larry Coker, Compliance Officer, prepared the complaint against Joe Carl Stephens, approximately 8:30 a.m., November 20, 1986, there was no evidence filed with Petitioner showing the 1978 Ford pick-up being covered by the liability insurance policy of Respondent or Joe Carl Stephens. Additionally, the Petitioner had no evidence that the truck had been inspected for compliance with the requirements and specifications established in Section 316.620, Florida Statutes and there was no valid inspection sticker displayed on the truck. An inspection of the truck at the road block revealed that: (a) the seats for the passenger in the back of the truck were not secured; (b) the camper top covering the bed of the truck was less than 60 inches above the floor; (c) the tailgate (exit for workers in back) would not close properly and was held closed with a rope and; (d) there was no communication device between the back area of truck and front area of the truck where driver was located. At 1:00 p.m. on November 20, 1986, Edgar T. Coleman arrived at Petitioner's Wauchula, Florida office with an inspection certificate and, although undated, there was credible evidence that it was completed on November 20, 1986 after the complaint was filed, and an insurance binder completed at 11:00 a.m. on November 20, 1986 adding Respondent's 1978 Ford truck identified in paragraph 2 above to his existing vehicle liability insurance policy. At 1:00 p.m. on November 20, 1986, Larry Coker filed a Farm Labor Contractor Registration Complaint on Respondent listing violations under Sections 450.33(4)(a),(5) and (9) and 450.35, Florida Statutes. Although there was evidence that Joe Carl Stephens was employed by Respondent and that Respondent paid the fee of $35.00 to Petitioner for Stephens to obtain his farm labor contractor's certificate, there was credible testimony from Respondent that he was not contracting with Stephens as a farm labor contractor as that term is defined in Section 450.28(1), Florida Statutes on November 20, 1986 but was dealing with Stephens as a farm worker and there was no extra compensation being paid to Stephens for driving the truck. There was insufficient evidence to show that Respondent was contracting with Stephens as a farm labor contractor. There was credible evidence that Respondent at all times material to this proceeding had hired, supervised and transported more than one (1) farm worker and had received compensation for such activities.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, therefore, RECOMMENDED that the Petitioner, enter a Final Order assessing an administrative fine of $750.00 against Respondent for violation of the requirements of Section 450.33(4)(a), (5) and (9), Florida Statutes and dismissing the charges of violating Section 450.35, Florida Statutes. Respectfully submitted and entered this 10th day of July, 1987, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 10th day of July, 1987. COPIES FURNISHED: Moses E. Williams, Esquire Department of Labor and Security Tallahassee, Florida 32301 Mr. Edgar Coleman Post Office Box 5 Umatilla, Florida Hugo Menendez, Secretary Department of Labor and Employment Security 206 Berkeley Building 2590 Executive Center Circle, East Tallahassee, Florida 32399-2152
The Issue Whether petitioner should assess a civil money penalty against respondent for failing to provide wage statements to workers or to keep records of any type in violation of Section 450.38(2), Florida Statutes (1986 Supp.), and Rule 38B- 4.12(1), Florida Administrative Code?
Findings Of Fact When respondent Herbert A. Dockery originally applied for registration as a Florida Farm Labor Contractor, on March 19, 1986, he certified that he had read and understood "the Florida Farm Contractor Rules and Regulations. Petitioner's Exhibit No. 8. On June 25, 1986, Marshall Alexander Carroll and Henry Jefferson Parker, crew chief compliance officers in DLES' employ, discovered that Mr. Dockery was keeping no records of moneys he paid agricultural workers. They told him such recordkeeping was legally required and gave him blank forms, like those that came in as Petitioner's Exhibit No. 6, which he could use, by keeping the originals for himself and giving the workers duplicates. On November 3, 1986, in the course of a scheduled payroll audit, Mr. Parker again asked Mr. Dockery about his recordkeeping, and asked him to produce his social security records, receipts or "anything he had." But Mr. Dockery was unable to produce any records and admitted that he had kept none, saying he had only worked three days 35 as a farm labor contractor in 1986. Petitioner's Exhibit No. 1. Beginning June 1, 1986, Tommy Price worked with Mr. Dockery "a short while" picking and loading watermelons and driving a truck hauling watermelons. Mr. Price worked for the respondent about a month all told but some of that time was in Missouri. During all the time he worked for Mr. Dockery, Mr. Price, who was paid in cash, never received any statements. Mr. Dockery didn't keep track of people's hours and might not even have known, at any one point, who was in the field working for him. The only records he kept were notations of how much he promised to pay different people for truckloads of watermelons.
Recommendation It is, accordingly, RECOMMENDED: That petitioner fine respondent two hundred and fifty dollars ($250.00). DONE and ENTERED this 15th day of June, 19B7, at Tallahassee, Florida. ROBERT T. BENTON, II 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 15th day of June, 1987. COPIES FURNISHED: Hugo Menendez, Secretary Department of Labor and Employment Security 206 Berkeley Building 2590 Executive Center Circle, East Tallahassee, Florida 32399-2152 Moses E. Williams, Esquire Suite 117, Montgomery Building 2562 Executive Center Circle Tallahassee, Florida 32399-0658 Herbert A. Dockery Post Office Box 664 Chiefland, Florida 32626
Findings Of Fact Respondent is a registered farm labor contractor whose Social Security number is 419-50-8742 and who has been issued certificate number 02949. At all times material hereto, Respondent failed to possess, for a period of three years, proof of payment showing the nature and amount of each payment made on behalf of each farmworker for whom he acted as a farm labor contractor. The records which Respondent failed to maintain included payments for social security, income tax withholdings, and payments for transportation and food. When Respondent made payments of wages to farmworkers for whom he acted as a farm labor contractor in June, 1986, he failed to furnish the workers any itemized statement in writing showing in detail each and every deduction made from their wages.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order assessing an administrative penalty of $500.00 against Respondent. DONE AND ENTERED this 8th day of June, 1987, in Tallahassee, Florida. DONALD D. 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 Joe Louis Rivers Route 3, Snell Street Wauchula, Florida 33873 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
The Issue By amended petition for hearing, the Petitioner requested a hearing on the Department's determination that the Petitioner is obligated to refund to the Department the sum of $53,724.00, which the Department asserts is the amount by which the Petitioner was overpaid pursuant to Wagner-Peyser Contract No. SA016. For numerous reasons recited in its Petition and argued in its post-hearing brief, the Petitioner contends that it should not be required to refund the disputed sum. At the formal hearing, both parties presented the testimony of witnesses and both parties offered exhibits in support of their respective positions. Following the hearing, a transcript was prepared and the parties were allowed until November 19, 1988, within which to file their proposed recommended orders. Thereafter, upon joint motion of the parties, the period for filing post-hearing briefs and/or proposed recommended orders was extended until December 6, 1988. Both parties timely filed post-hearing briefs in a format more customary to appellate than to administrative hearing proceedings. The parties' briefs have been carefully considered during the formulation of this recommended order. Specific rulings on the factual assertions of the parties are contained in the appendix to this recommended order.
Findings Of Fact Based on the stipulations and admissions of the parties, on the exhibits received in evidence, and on the testimony of the witnesses at hearing, I make the following findings of fact. In November of 1984 the Petitioner and the Respondent entered into a contract which has the following title: GOVERNOR'S WAGNER-PEYSER 10% DISCRETIONARY FUNDS FIXED-UNIT PRICE CONTRACT CONTRACT NO. SA016 "STATEWIDE FARMWORKERS JOB PLACEMENT PROJECT" Paragraph 1.A. of the subject contract contains the following description of the project activities: The Florida AFL-CIO United Labor Agency will operate a statewide job placement program to meet the increased employment needs of migrants/farmworkers and related workers in- volved in the processing of agricultural pro- ducts. The Agency will coordinate and work with farmworker advocacy organizations in Apopka and Dade City, Florida, to recruit and identify participants. Unsubsidized employ- ment opportunities will be developed with unions, apprenticeship programs, and private sector employers. The employment resources of the Agency will be coordinated and inte- grated with those of the Job Service and local PICs. Paragraph 2.A. of the subject contract contains a "work activity plan" described as follows: To recruit and provide employability counseling to migrants/farmworkers; To place 230 migrants/farmworkers into unsubsidized, non-agricultural employment with a duration of 30 days or more; To integrate the employment resources of unions and the United Labor Agency with those of the Job Service. Prepare and submit a final narrative report to DLET documenting the success and failures of the project. Paragraph 2.B. of the subject contract contains the following description of the performance units applicable to the contract: The contractor will make up to 230 place- ments in unsubsidized employment over the course of the contract period at $726.00 each, for a total amount not to exceed $166,980.00. A placement will be defined as employment by a participant engaged in work for at least 35 hours per week, in a job paying at least the minimum wage, for a period of at least 30 calendar days. At Paragraph 2.D. of the subject contract, under the subcaption "ACTIVITY/PAYMENT SCHEDULE OF PERFORMANCE UNITS," the contract provides, in pertinent part: The contractor will be advanced $37,062.00. The advance will be repaid monthly by deducting $6,177.00 per month from the amount of deliverables produced over a six month period, beginning with the November 1984 invoice and being completed with the April 1985 invoice. There will be one performance unit for this contract, and it will be for placement at the rate of $726.00 each. Paragraph 14.e. of the subject contract reads as follows: The Contractor is responsible for fulfilling all terms and conditions of this Contract. While the DLET shall monitor the Contrac- tor's performance under the Contract, the Contractor remains solely responsible for its performance. The DLET monitoring of the Contract shall not constitute a waiver or modification of any term or condition. Terms and conditions may only be modified by written contract amendment as specified herein. One of the documents used in the administration of the subject contract was a Form BRI-100, which was designed so that three individuals had to sign the form to certify that a valid job placement had been accomplished. The required signatures were those of the employer, the farmworker/employee, and a representative of the Petitioner. Early in the administration of the contract the Petitioner began to have problems obtaining employer signatures on Form BRI- 100, especially where employment was obtained through union hiring halls. At the behest of the Petitioner, the Respondent deleted the requirement that the employer sign the form and permitted the form to be signed by a representative of the union hiring hall. During the course of the Petitioner's performance of the subject contract, one of the Petitioner's employees submitted fraudulent documentation on numerous occasions. The fraudulent documentation purported to be evidence of successful job placements under the contract. The fraudulent documentation was submitted to the Respondent and the Respondent paid money to the Petitioner on the basis of the fraudulent documentation. A post-performance audit revealed that 74 of the job placements for which the Petitioner was paid were in fact fictitious placements supported by fraudulent documentation. As a result of the fraudulent documentation, the Petitioner was paid $726.00 for each of 74 fictitious job placements, a total of $53,724.00. The $53,724.00 which was paid on the basis of fraudulent documentation was paid to the Petitioner solely because at the time of making the payment the Respondent believed that the Petitioner had made 74 placements which, in fact, were never made. The Respondent's belief that the 74 placements had been made was based on the fact that the Petitioner submitted fraudulent documentation claiming payment for 74 job placements that had not been made. In fairness to the Petitioner it should be noted that at the time the fraudulent documentation was submitted the officers and managing agents of the Petitioner did not know that one of their employees was preparing fraudulent documentation. Further, as soon as the officers and managing agents of the Petitioner discovered that one of their employees had been submitting fraudulent documentation, they candidly reported the problem to the Respondent. The employee who prepared the fraudulent documentation described above did not abscond with the proceeds derived from his fraudulent actions. The $53,724.00 that was paid on the basis of the 74 fictitious job placements was paid to and retained by the Petitioner. The Respondent did very little in the way of monitoring the subject contract. More extensive monitoring might well have resulted in earlier detection of the fraudulent documentation submitted by Petitioner's employee.
Recommendation Based on all of the foregoing, I recommend the entry of a Final Order finding that the Petitioner has received $53,724.00 to which it is not entitled under the subject contract and ordering the Petitioner to repay that amount to the Respondent. DONE AND ENTERED this 20th day of January, 1989, at Tallahassee, Florida. MICHAEL M. PARRISH, 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 20th day of January, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 88-2755 The following are my specific rulings on all proposed findings of fact submitted by all of the parties. Findings proposed by Petitioner: The Brief of Petitioner does not contain any section specifically identified as proposed findings of fact. It does contain a distinct section captioned "STATEMENT OF THE FACTS," which I have treated as the Petitioner's proposed findings. The page numbers below refer to pages of the Brief Of Petitioner. Page 2: All but last four lines are rejected as subordinate and unnecessary background details. The last four lines are accepted in substance. Page 3: All but last five lines are accepted in substance. The last full paragraph on the page is rejected as unnecessary commentary. Page 4: First fourteen lines (plus last line on page 3) accepted in substance, but with most details omitted as unnecessary. The remainder of page 4 and the top four lines of page 5 are rejected as subordinate and unnecessary details, as for the most part irrelevant, and as containing implications contrary to the greater weight of the evidence. Page 5: First full paragraph is rejected as constituting subordinate and unnecessary details; I have found that little was done to monitor the contract performance. The last four lines are rejected as argument or unnecessary commentary rather than findings of fact. Page 6: First twenty lines rejected as irrelevant and as unnecessary details. Paragraph beginning at sixth line from bottom is accepted in substance. Page 7: Top four lines (and last line of page 6) rejected as Irrelevant. Lines five through twenty-two are for the most part rejected as irrelevant or as not supported by persuasive competent substantial evidence, with exception of proposed finding that an employee committed fraud and that Petitioner promptly reported the fraud when it was discovered. Last four lines rejected as irrelevant. Page 8: First full paragraph is rejected as being for the most part irrelevant and as in part contrary to the greater weight of the evidence. Second full paragraph is rejected as argument or unnecessary commentary. Third full paragraph is rejected as Irrelevant. Last four lines accepted in substance with some unnecessary details omitted. Page 9: Top two lines rejected; the greater weight of the evidence is that all "disallowed costs" were caused by the fraud of one employee. First full paragraph rejected as irrelevant. Second full paragraph is rejected as for the most 12 part irrelevant, although some details have been included. Last three lines rejected as irrelevant. Page 10: Rejected as irrelevant. Findings proposed by Respondent: The Brief Of Respondent does not contain any section specifically identified as proposed findings of fact. It does contain a distinct section captioned "STATEMENT OF THE CASE AND FACTS," which I have treated as the Respondent's proposed findings of fact. The page numbers below refer to pages of the Brief Of Respondent. Page 2: Rejected as subordinate and unnecessary background details. Page 3: Rejected as subordinate and unnecessary background details. Page 4: First paragraph accepted in substance. The remainder of this page is accepted in substance with some details and some argumentative passages omitted. Page 5: Accepted as correct statement, but omitted as unnecessary details. Page 6: First paragraph rejected as constituting subordinate and unnecessary details. Second paragraph rejected as constituting subordinate and unnecessary details. Third paragraph rejected as constituting subordinate and unnecessary details. Last paragraph accepted in substance with unnecessary details omitted. Page 7: Rejected as subordinate and unnecessary details. COPIES FURNISHED: Sidney L. Matthew, Esquire Gorman & Matthew, P.A. Post Office Box 1754 Tallahassee, Florida 32302 David J. Busch, Esquire Department of Labor and Employment Security Suite 131, Montgomery Building 2562 Executive Center Circle, East Tallahassee, Florida 32399-0657 Hugo Menendez, Secretary Department of Labor and Employment Security 206 Berkeley Building 2590 Executive Center Circle, East Tallahassee, Florida 32399-2152 Stephen Barron, Esquire General Counsel Department of Labor and Employment Security Suite 131, Montgomery Building 2562 Executive Center Circle, East Tallahassee, Florida 32399-0657 =================================================================
The Issue Whether Respondent, Sanford Housing Authority (Respondent), committed an unlawful employment practice as alleged in the Petition for Relief filed with the Florida Commission on Human Relations (FCHR) and, if so, what relief should Petitioner, Jimitre Smith (Petitioner), be granted.
Findings Of Fact Petitioner is a female who was pregnant during a portion of the time events occurred related to her employment with Respondent. At the time of Petitioner’s initial employment with Respondent, the Sanford Housing Authority operated public housing complexes within its geographical area pursuant to a HUD program to provide housing assistant to low income, qualified residents. At some point, the Orlando Housing Authority stepped in to take over the management of Respondent’s properties. Due to the deteriorating condition of Respondent’s properties, residents were provided Section 8 vouchers so that they could obtain private rental opportunities. In the midst of the transition period, Petitioner’s employment with Respondent ended. Petitioner was initially hired by Respondent to replace a receptionist who was out on maternity leave. The assignment was part-time and temporary. It began on or about March 31, 2010. When the receptionist returned to work, Petitioner was offered a second part-time job as leasing clerk. Although the record is not clear when this second job started, it is undisputed that Petitioner sought and was granted maternity leave due to her own pregnancy on September 27, 2010. It was during this time period that the Orlando Housing Authority stepped in to take over Respondent’s responsibilities. Mr. Fleming, an employee of the Orlando Housing Authority, served as the Interim Executive Director for Respondent. In November 2010 residents were advised of the plan to demolish the substandard housing units. Since the units would not be leased, a leasing clerk was no longer required. Although Petitioner had been told she could return to work after her maternity leave, there was no position available for her at that time. Once the Orlando Housing Authority took over management, all of the day-to-day work was assigned to its employees. Respondent kept a handful of maintenance workers, but there is no evidence Petitioner sought and/or was denied that type of job. Petitioner claimed she should have been offered or allowed to apply for a job with the Orlando Housing Authority. There is no evidence that entity was required to hire her or that it refused to hire her because of her gender or pregnancy or that Respondent refused to recommend Petitioner for employment due to her gender or pregnancy. When Petitioner was cleared for return to work in December 2010, there was not a job to return to as Respondent did not have a position for her. There is no evidence that Respondent hired anyone during or after Petitioner’s pregnancy or that Petitioner was refused a job that she was qualified to perform. Had a suitable job been available, it most likely would have come through the Orlando Housing Authority. In January of 2011, Respondent formally eliminated Respondent’s part-time position through a reduction in workforce decision. At that time, Petitioner received a severance payment from Respondent and an offer for other job training opportunities.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order finding no cause for an unlawful employment practice as alleged by Petitioner, and dismissing her employment discrimination complaint. DONE AND ENTERED this 3rd day of January, 2013, in Tallahassee, Leon County, Florida. S J. D. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 3rd day of January, 2013. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations Suite 100 2009 Apalachee Parkway Tallahassee, Florida 32301 Jimitre Rochelle Smith 804 South Bay Avenue Sanford, Florida 32771 Ricardo L. Gilmore, Esquire Saxon, Gilmore, Carraway and Gibbons, P.A. Suite 600 201 East Kennedy Boulevard Tampa, Florida 33602 Cheyanne Costilla, Interim General Counsel Florida Commission on Human Relations Suite 100 2009 Apalachee Parkway Tallahassee, Florida 32301
The Issue Whether Respondent should be assessed a civil money penalty of $1,000.00 for alleged violations of Sections 450.33(10), and 316.620(3) and (4)(d) and (k), Florida Statutes (1993).
Findings Of Fact Respondent, Michelle A. Blount, is a farm labor contractor licensed in Florida. On January 14, 1994, a vehicle transporting members of Respondent's farm labor crew was involved in an accident in St. Lucie County, Florida which resulted in the death of one passenger and serious injury to eight others. Respondent was hired by Willie J. Lampkin to transport, supervise, recruit and provide a crew for harvesting and loading fruit. Elva Ochoa was employed by Respondent to recruit, transport, supervise and provide a crew, in connection with Respondent's contract with Willie J. Lampkin. On January 14, 1994, ten farm workers were being transported to the groves of Lampkin at the direction of Ochoa. The vehicle used to transport the workers was a pickup truck with a cab covering the bed. It did not have secured seating, the tires were worn out and unsafe, and it did not have any means of communication between the passengers and the driver. The vehicle was not approved or insured to transport workers, nor did it have an inspection certificate on record with the Petitioner.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding that Respondent has violated Sections 450.33 and 316.620, Florida Statutes. It is further RECOMMENDED that Respondent be fined $1,000.00 and such fine to paid within thirty days from date of the final order entered by the Division. Should Respondent fail to pay fine, Respondent's license as a farm labor contractor should be suspended until the fine is paid in full. DONE and ENTERED this 19th day of August, 1994, in Tallahassee, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of August, 1994. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties. Petitioner's proposed findings of fact Accepted in substance: paragraphs 1-7. Respondent did not submit proposed findings. COPIES FURNISHED: Shirley Gooding, Secretary Department of Labor and Employment Security 303 Hartman Building 2012 Capital Circle, S.E. Tallahassee, Florida 32399-2152 Edward A. Dion, Esquire Department of Labor and Employment Security 303 Hartman Building 2012 Capital Circle, S.E. Tallahassee, Florida 32399-2152 Francisco R. Rivera, Esquire Department of Labor and Employment Security 2012 Capital Circle, Southeast Suite 307 Hartman Building Tallahassee, Florida 32399-2189 Michelle A. Blount 531 North Dollings Avenue Orlando, Florida 32805
Findings Of Fact Respondent is Santos Samarrippas, Sr., a farm labor contractor and holder of a certificate of registration issued by Petitioner at all times pertinent to these proceedings. Respondent's current certificate of registration was issued April 26, 1988. Respondent has renewed his certificate of registration on an annual basis since 1984. As of January 9, 1989, Respondent was indebted to Petitioner in the amount of $5,195.27. This sum represents unpaid unemployment compensation taxes, along with interest and penalties for nonpayment from 1984 to through 1988. In April of 1985, Respondent was informed of his liability for unpaid unemployment compensation taxes in 1984. He completed, after consultation with Petitioner's representative, requisite forms for tax reporting purposes, but neglected to pay the delinquent taxes. Respondent continued his failure to completely pay the required taxes in 1986 and 1987. He made only "pittance" payments. In 1988, Respondent and Petitioner's representative agreed upon a payment plan whereby Respondent agreed to pay the delinquent taxes, penalties and interest at a rate of $100 per week until the total amount owed by him was paid. Respondent made those payments from February 21, 1988 until April 5, 1988. He then ceased to make further payments. The proof establishes that Respondent, after subtraction of the minor payments he made, owed Petitioner a total sum for delinquent taxes, interest, and filing fees for each of the following years in the amounts shown: AMOUNT YEAR $2039 1984 $ 504 1985 $1468.09 1986 $1183.56 1988 Respondent made two timely quarterly tax reports to Petitioner out of a total of 14 required in the period 1984-88, but never made timely payments of the amounts of unemployment compensation taxes owed to Petitioner Also, Respondent never made full payments of the amount of taxes owed. As a result of Respondent's nonpayment of unemployment compensation taxes, Petitioner notified Respondent by letter dated November 17, 1988, of intent to revoke Respondent's Florida Farm Labor Contractor Certificate of Registration for his failure to comply with applicable rules of the United States or the State of Florida relating to unemployment compensation.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered revoking Respondent's certificate of registration as a farm labor contractor. DONE AND ENTERED this 8th day of March, 1989, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of March, 1989. COPIES FURNISHED: Thomas Joel Chawk, Esquire Post Office Drawer 8209 Lakeland, Florida 33802-8209 Santos Samarrippas, Sr. 3501 Avenue K Northwest Winter Haven, Florida 33881 Moses E. Williams, Esquire Suite 117 Montgomery Building 2562 Executive Center Circle Tallahassee, Florida 32399-0658 Hugo Menendez, Secretary 206 Berkeley Building 2590 Executive Center Circle, East Tallahassee, Florida 32399-2152 Stephen Barron, Esquire 131 Montgomery Building 2563 Executive Center Circle, East Tallahassee, Florida 32399-2152
Findings Of Fact In years past, the Petitioner, William G. King, was registered by the Respondent, the Department of Labor and Employment Security, Bureau of Agricultural Programs (DLES), as a farm labor contractor. As a farm labor contractor, King can average earning about $8000 a year more than he could earn in an hourly wage job (at legal minimum wage or close to it.) In good years, he can make substantially more; in bad years, he can incur substantial losses. King's crew size averages 40 laborers but can vary from 3 to 200, depending on circumstances. The season for harvesting Florida citrus runs from about November to June. From June to August, King tries to follow the melon harvest from Florida into North Carolina. If conditions are bad for harvesting melons during parts of the summer, he tries to secure contracts to have his crews pick moths out of trees during these months. In August, he drives a crew in his bus to New York to pick apples. All of these activities, until King is outside Florida, require DLES registration as a farm labor contractor. In the early 1980's, King's farm labor contracting business experienced difficulties. While paying his crew per actual box of citrus picked, King was paid per estimated box based on the weight of the citrus he delivered. During lengthier than normal periods of hard freeze, King paid his crew more than he was paid and suffered substantial losses. In this financial condition, King did not pay unemployment compensation tax. By March 1982, King owed about $14,300, with interest and penalties. During the preceding year, King was able to save $10,000, which he applied to the tax bill in March, 1982. He also signed an agreement to pay $4,310.48 in monthly installments of $540. King paid $745 in March and $540 in either April or May, 1982 (or perhaps both). But, as a result of more financial setbacks in 1984 and 1985, the tax indebtedness increased to approximately $20,000 to $24,000, with interest and penalties. When the DLES refused to renew King's registration in 1985, King approached the DLES local office to attempt to make arrangements for payment of the debt. King offered to have the grower with whom he intended to contract pay the DLES $100 a month on the debt. The DLES agent questioned the viability of the arrangement because the DLES usually requires a 20% down payment, but he did not outright decline King's offer. He said the offer had to be in writing. When King went to the party with whom he intended to contract, the party refused to send $100 per month to the DLES but agreed to send the DLES $1200 once a year and reduce King's compensation by $100 per month. Ultimately, in spring, 1986, the DLES refused the repayment arrangement because the DLES insisted on a down payment of approximately $5000, which King did not have. Since 1986, King has not been able to make a 20% down payment on his tax bill and has not made any payments on the debt. His financial ability to make payments is handicapped by his inability to work as a farm labor contractor in Florida. For a full season or two, King was driving a crew in his bus to New York to pick apples. But in 1987, King was advised that it was illegal even to do this without a Florida registration and that the activity exposed him to a $10,000 fine. Instead, he would have to meet his crew in New York. In response, King applied to renew his Florida registration. Not having made any recent payments on his tax bill, King owes the DLES $32,949.02 in unemployment compensation taxes, interest, penalties and filing fees.
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is recommended that the DLES enter a final order: granting the Petitioner's application to renew his farm labor contractor registration, with reservations. issue to the Petitioner a farm labor contractor registration certificate, with the restrictions: that the Petitioner not be permitted to pay, handle or be responsible for payroll; that the Petitioner be required to notity those with whom he contracts--both laborers and growers--of the terms of the restriction on his registration certificate; and that the Petitioner be required to file a quarterly report to the DLES giving the name, address and telephone number of the person responsible for payroll(s), especially unemployment compensation tax, for each laborer in his crew(s) during the preceding quarter. that the Petitioner initially be permitted to make annual $1200 payments on his outstanding unemployment compensation tax bill, with no penalty for making larger payments in accordance with his financial ability. RECOMMENDED this 21st day of March, 1988, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 21st day of March, 1988. COPIES FURNISHED: William G. King 785 Phillips Way (L.H.) Haines City, Florida 33844 Moses E. Williams, Esquire Office of General Counsel Suite 117 Montgomery Building 2562 Executive Center Circle, East Tallahassee, Florida 32399-0658 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 131 Montgomery Building 2562 Executive Center Circle, East Tallahassee, Florida 32399-0658
