Findings Of Fact Respondent is a registered farm labor contractor with social security number 264-86-0916 and certificate number 4-3266-K 86 I. On or about February 11, 1986 and October 28, 1986, Respondent recruited, transported and hired farmworkers for a fee and directed, controlled and supervised their work. Specifically, he hired and supervised Stanley Hawthorne and Zephrin Augustine as crewleaders, neither of whom had valid and current certificates of registration at that time. Respondent contracted for the employment of farmworkers with farm labor contractors in February and October, 1986 before said contractors displayed to him a current certificate of registration issued by Petitioner.
Recommendation Based upon the foregoing, it is recommended that Petitioner issue a Final Order assessing an administrative penalty of $1000.00 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 Williams, Esquire Department of Labor and Employment Security Montgomery Building, Suite 117 2562 Executive Center Circle, East Tallahassee, Florida 32399-0658 Isaac Hawthorne Highlands Harvest Corp. Post Office Box 2094 Lake Placid, Florida 33852 Hugo Menendez, Secretary Department of Labor and Employment Security Berkeley Building, Suite 206 2590 Executive Center Circle, East Tallahassee, Florida 32399-2152 Kenneth Hart, Esquire Department of Labor and Employment Security General Counsel Montgomery Building, Suite 131 2562 Executive Center Circle, East Tallahassee, Florida 32399-0658
Findings Of Fact Herbert W. Mize is a compliance officer for the Petitioner, the Department of Labor and Employment Security. On January 14, 1986, Mr. Mize was performing field checks in Hillsborough County. He arrived at a citrus grove, staying on the outside due to the canker problem. Ten to fifteen workers were up on ladders among the citrus trees. The Petitioner, Marvin James, was driving a vehicle loading up citrus. Mr. Mize asked Mr. James who was crew leader on the job at that time. Mr. James stated that he was the crew leader. A 1977 Dodge van was parked nearby. Mr. James told Mr. Mize that it was his van and that he drove workers to work that day in his van. The same 1977 Dodge van had previously been insured by Mr. James by the U.S. Fire Insurance Company, but Mr. James did not have insurance on the 1977 Dodge van on January 14, 1986. P. Ex. 4, 5, and 6. Mr. Mize gave a notice of noncompliance to Mr. James, and Mr. James acknowledged that he had seen it by signing it at the bottom. P. Ex. 3. Relevant to this case, Mr. James was informed by Mr. Mize that he was in noncompliance with state law by failure to carry and exhibit proper certificate of registration as a farm labor contractor and by failure to obtain adequate vehicle insurance. Id. Mr. James testified that he was very familiar with the law requiring farm labor contractor registration and vehicle insurance to transport workers since he had been a crew leader since 1978. Mr. James testified that on January 14, 1987, he was working for Carl Junior Mears, but only to load citrus, and that he did not transport workers in his van and did not supervise workers in the grove. His testimony is rejected as not credible for the following reasons: Mr. James testified that he was "under his van working" when Mr. Mize came up. He gave no explanation why he was working on his van instead of loading citrus as he testified at another point. Mr. Mears admitted that Mr. James did direct and supervise workers in the grove from time to time, and also admitted that Mr. James "sent" workers to him. Both of the worker witnesses presented by Mr. James testified that they had known James for a number of years, which indicates that they have had some sort of formal working relationship with him. If Mr. James in fact had told Mr. Mize that he was not the crew leader, it would have been logical for Mr. Mize to have then asked "well, who is the crew leader?" But Mr. James insisted that he did not tell Mr. Mize where the crew leader was because Mr. James said Mr. Mize did not ask. This is not believable. Mr. James testified that Mr. Mears was the crew leader, and that he was available in the grove on January 14, 1986. Considering the fact that Mr. James was familiar with the requirements of the law, if it were true that Mr. Mears was present in the grove, it would logically be expected that Mr. James would have tried to be helpful and would have voluntarily told Mr. Mize who Mr. Mears was and where he was even if Mr. Mize had somehow failed to ask. It is particularly unbelievable that Mr. James would not have, on his own, told Mr. Mize where Mr. Mears was located since Mr. James admitted that Mr. Mize that day cited him for crew leader violations, and Mr. James signed the citation. P. Ex. 3. The demeanor of Mr. Mize indicated credibility, while the demeanor of Mr. James indicated a lack of credibility. Mr. Mears paid Mr. James for his services as a crew leader. On January 14, 1986, Mr. James drove workers to the citrus groves in his 1977 Dodge van and he was supervising them as a crew leader, both for pay from Mr. Mears. Mr. James was not registered on January 14, 1986 as a crew leader, and did not have insurance on the 1977 Dodge van he used to transport workers.
Recommendation For these reasons it is recommended that the Department of Labor and Employment Security enter its final order finding that the Respondent, Marvin James, on January 14, 1986, violated section 450.30(1), Fla. Stat., by failing to have a certificate of registration in full force and effect and in his possession and violated section 450.33(5), Fla. Stat., by failing to have a policy of insurance on his 1977 Dodge van used to transport farmworkers, and assessing a civil penalty of two thousand dollars ($2,000). DONE and ENTERED this 13th day of July, 1987. 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 13th day of July, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-1704 The following are rulings upon findings of fact by number or paragraph number as proposed by the parties which have been rejected. Findings of fact proposed by the Petitioner: None. Findings of fact proposed by the Respondent: Paragraph 2: Rejected for the reasons stated in finding of fact 7. Paragraph 3: Rejected for the reasons stated in fending of fact 7. Paragraph 4: Mr. Mize had no need to talk to workers in the grove since Mr. James admitted he was the crew leader, and did not tell Mr. Mize then that Mr. Mears was the crew leader. Paragraph 5: Mr. Mize testified that he saw workers on ladders, and made it clear that his number was only an estimate. Paragraph 6: Rejected for the reasons stated in finding of fact 7. Paragraph 7: Rejected for lack of testimony in the record as to these facts. Paragraph 8: Rejected in the conclusions of law. COPIES FURNISHED: 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 Marvin James 1501 Island Avenue Dade City, Florida 33525 Moses E. Williams, Esquire Department of Labor and Employment Security Montgomery Building, Room 117 2562 Executive Center Circle, East Tallahassee, Florida 32399-2152
Findings Of Fact Respondent is currently a registered farm labor contractor with Social Security Number 248-92-9496 and certificate number 4-92-9496-G87R. 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. 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. 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. 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. 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. 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.
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
Findings Of Fact The Petitioner Farm Workers Rights Organization is an educational and charitable nonprofit corporation which has been organized under the provisions of Chapter 617, Florida Statutes. The purposes of the organization as provided in its Articles of Incorporation are as follows: To raise the economic, educational, and social levels of migrant and seasonal farm workers . . . who are seasonally unemployed, underemployed, or whose income is below federal poverty guidelines and to foster and promote community wide interest and concern for the problems of said farm workers to the end that (a) educational and economic opportunities may be expanded; (b) sickness, poverty, crime, and environmental degradation may be lessened; and (c) racial tensions, prejudice, and discrimination, economic and otherwise, may be eliminated. The organization is authorized under its Articles of Incorporation to do all lawful activities for the furtherance of its purposes. The Farm Workers Rights Organization is an active organization which has more than one thousand members. About three thousand persons are loosely associated with the organization. Many members of the organization reside in or around Immokalee, Florida, but members come from all over the state. Approximately ninety percent of the members are nonwhite, and most earn low or irregular incomes. Health problems are both a symptom and a cause of many of the problems that migrant farm workers face. The Farm Workers Rights Organization is active in promoting improved health care services for its members. The organization has actively opposed the issuance of Certificates of Need by the Department of Health and Rehabilitative Services to health care providers which the organization contends do not adequately address the health care needs of poor and minority persons. A substantial number of the organization's members have experienced difficulty in obtaining access to needed health care services. The Petitioner Carmen Torres is a member of the Farm Workers Rights Organization. She is a low income person of Hispanic background who resides near Immokalee, Florida. She participates in the Medicaid Program. She has experienced some difficulty in obtaining adequate medical assistance for illnesses that she has suffered because many physicians and health care facilities do not accept Medicaid patients. Petitioner would like to have better access to hospital facilities such as those at Lehigh General Hospital. She has never applied for services at Lehigh General Hospital. Friends have advised her that Lehigh General Hospital would not accept her as a patient. No competent evidence was offered as to the identity or status of the other persons who are named as Petitioners in this proceeding. The Department of Health and Rehabilitative Services is responsible for administering Florida's Certificate of Need program under the provisions of Section 381.494, Florida Statutes. The Department is Florida's state health planning and development agency designated pursuant to the provisions of federal law. 42 U.S.C. s3000M. The Department has adopted rules setting criteria to apply to applications for Certificates of Need. These criteria are set out in Rule 10- 5.11, Florida Administrative Code. The rule does not specifically require that the Department consider the extent to which an applicant's proposed service would meet the needs of low income or minority persons, neither does the rule deem those needs irrelevant. Rule 10- 5.11(3) provides that the Department will evaluate "the need that the population served or to be served has for such pro posed health or hospice services." Rule 10-5.12(8) provides for hearing procedures to be conducted by the Division of Administrative Hearings under the provisions of Chapter 120, Florida Statutes. The rule provides at Paragraph (8): The only decisions of the Department which may be reversed or revised by the Hearing Officer are decisions as to the consistency or inconsistency of the application with standards, criteria, and plans described in Rule 10-5.11 herein. Rules that have been adopted by the United States Department of Health and Human Services under the provisions of 42 U.S.C. s3000M provide that state Certificate of Need review agencies consider the degree to which medically underserved persons have access to services under review. See: 42 C.F.R ss123.409(a), 123.412(a), and 123.413. States are required to administer their programs in harmony with the rules of the federal agency. Failure to do so can cause a state to lose federal funding assistance. The Department's rules do not have the effect of removing consideration of how a proposed medical facility or service would impact the needs of low income or minority persons. The Department has obtained input regarding such needs in Certificate of Need proceedings and has considered them. There have been proceedings in which the Department has not specifically addressed the needs of low income and minority persons. The Petitioners have had a special interest in a Certificate of Need application that was filed with the Department by Lehigh General Hospital. Lehigh General Hospital is seeking to build a new hospital facility which would completely replace a present facility. The Department determined in that matter that the application would not impact minority or low income persons because the same basic services would be provided at the new facility as had been provided at the old facility. The service area of Lehigh General Hospital includes the area around Immokalee, Florida. The Department has approved Lehigh General Hospital's Certificate of Need application. The Petitioner Farm Workers Rights Organization is now pursuing judicial action to set aside the approval of that application. It appears that the Department has failed to specifically address the needs of low income and minority persons in other Certificate of Need proceedings. It does not appear, however, that the Department has any policy of not addressing those needs.
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 Whether the Petitioner is eligible to receive a certificate to contract with farm laborers pursuant to Chapter 450, Florida Statutes.
Findings Of Fact In June 1983, the Petitioner Williams recruited migrant farm workers in Florida for the purpose of picking pickle cucumbers and long green cucumbers in Salisbury, Maryland. The information about the wages and working conditions in Maryland were reduced to writing and placed upon the U.S. Department of Labor Form WH-416, as required by the Farm Labor Contractor Registration Act. This form was written in English and Creole on June 24, 1983, and was furnished to each worker at the time of recruitment. According to the written information, the farm workers were to receive the minimum wage of $3.35 an hour. The piece rate for pickle cucumbers was forty-five cents per five eighths basket. The piece rate for long green cucumbers was fifty cents per bushel. Transportation and insurance were to be provided to the farm workers. It was represented that housing was available in the area at the cost of $25.00 per person, per week. Work was to begin on June 30, 1983, and would continue until September 15, 1983. Based upon the representations made within the U.S. Department of Labor Form WH-416, the Petitioner Williams was able to hire a crew of twenty people in Florida for the Maryland contract. A copy of the Form WH-416 was posted in each bus provided by the Petitioner during the trip from Florida to Maryland. The form remained posted in the buses during the term of employment. When the buses reached Salisbury, Maryland, housing was not available. The Petitioner inspected the area prior to contracting with the farm workers, and was surprised to find different conditions upon arrival. The Petitioner Williams remained with the farm workers until they were able to obtain housing after the Fourth of July holiday. The farm workers and the Petitioner lived in the buses for a one week period. When housing became available, the cost of $20.00 per person, per week, was less than the anticipated rate. The workers paid their rent payments directly to their respective landlords. The farm workers received the forty-five cents per basket rate at the Bradford farm for pickle cucumbers during most of the harvest. During the payroll period of July 14, 1983 to July 21, 1983, the farm workers were paid thirty cents per basket at the Bradford farm. The reason for the price reduction during this time period was not made known to the Hearing Officer. However, testimony showed that the workers were aware that this price decrease was a change in contract, and they were given the opportunity to leave the job by the Petitioner. The workers decided to continue work at the farm for the new piece rate. This renegotiation took place in the State of Maryland. The change in the price of the piece work was initiated by the crop owner and not the Petitioner Williams. It is unknown if a Form WH-416 was completed to reflect this change. During the Maryland contract, farm workers received their wages in cash in pay envelopes. It is unknown whether the envelopes contained an itemized statement of deductions in pay or whether any deductions were taken from the pay. The Respondent Williams was legally required to keep the 1983 payroll records for three years. The records were not available at the 1989 hearing.
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: 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. 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. 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. 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. On January 9, 1986, the Respondent was not registered as a farm labor contractor with the Department of Labor and Employment Security. 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.
Recommendation 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 Adopted in Finding of Fact 4. Adopted in Finding of Fact 6. Rejected as unnecessary and/or subordinate. 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
Findings Of Fact At all times material hereto Respondent, Randolph Roundtree (Roundtree), held a Florida farm labor contractor certificate of registration. By complaint filed on behalf of thirteen seasonal agricultural workers in the United States District Court for the Southern District of Florida (District Court), hearing Case No. 84-8235-CIV-JAG, damages were sought against Roundtree for violation of the Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA) under the provisions of 28 USC Sections 1331 and 1337. On November 20, 1985, an order by default was entered against Roundtree which found that he had intentionally violated the MSAWPA in that he had: Failed to post in a conspicuous place at the work site a notice setting forth the rights and protections afforded the workers ... Failed to keep payroll records for each weekly pay period showing as to each Plaintiff his total earnings, all withholding from earnings, net earnings, hours worked, wages per hour, the number of units of work performed and the rate per unit ... Failed to provide each Plaintiff at the end of each weekly pay period with a statement of all sums paid to them on account of the labor of each Plaintiff, an itemized statement of the amount withheld from such payments and the purpose for each withholding * * * Failed to pay the Plaintiffs their wages when due Violated, without justification, the terms of the working agreement made with the Plaintiffs... On November 20, 1985, a final judgment in the sum of 3,000 per plaintiff was entered against Roundtree, and that judgment remains unsatisfied. By certified letter dated April 21, 1987, Petitioner, Department of Labor and Employment Security (Department), advised Roundtree that his failure to comply with the MSAWPA, as demonstrated by the District Court action, likewise constituted a violation of the provisions of Chapter 450, Part III, Florida Statutes, and that the Department intended to revoke his certificate of registration. Roundtree filed a timely request for formal hearing. At hearing, the proof established that, as to the plaintiffs in the District Court action, Roundtree violated the provisions of Chapter 450, Part III, Florida Statutes, by: Failing to display prominently at the site where the work was performed by the farmworkers, and in all vehicles used by him for the transportation of farmworkers, a copy of his application for a certificate of registration, and a written statement showing the rate of compensation he received from the grower and the rate of compensation he was paying the farmworkers. Failing to keep a payroll slip for each weekly pay period showing as to each farmworker his total earnings, all withholdings from earnings, net earnings, hours worked, wages per hour, number of units of work performed, and the rate per unit. Failing to provide each farmworker at the end of each weekly pay period with a statement of all sums paid to them on account of labor of each worker, and an itemized statement of the amount withheld from such payments and the proofs for each withholding. Failing to pay the farmworkers their wages when due. Violating, without justification, the terms of the working agreement he made with the farmworkers.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Roundtree's Florida farm labor contractor certificate of registration be REVOKED. DONE and ENTERED this 26th day of August, 1987, in Tallahassee, Florida. WILLIAM J. KENDRICK 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 26th day of August, 1987. COPIES FURNISHED: Moses E. Williams, Esquire Department of Labor and Employment Security Montgomery Building, Suite 117 2562 Executive Center Circle Tallahassee, Florida 32399-0658 Randolph Roundtree Post Office Box 118 South Bay, Florida 33493 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
The Issue Whether Respondent should be assessed a civil penalty for acting as a farm labor contractor without a certificate of registration?
Findings Of Fact Upon consideration of the oral and documentary evidence addressed at the hearing, the following relevant facts are found: On or about February 26, 1987 the Respondent was charged with failure to register as a farm labor contractor as that term is defined in Section 450.28(1), Florida Statutes. As a result of this charge, Respondent registered as a farm labor contractor on March 2, 1987 and was issued a certificate of registration on March 6, 1987 which expired on October 3, 1987, the day after Respondent's birthdate, for failure to make application for renewal in accordance with Section 450.31, Florida Statutes. On November 30, 1989, during a routine check of farm labor contractors in DeSoto County, Florida, the Respondent was found to be transporting ten farm laborers who he had hired to pick at 18 per box. Respondent was being paid a fee of 75 per box to have the fruit picked. Respondent was responsible for, and supervised, the ten farm laborers referred to in paragraph 2. In addition to being paid for harvesting the fruit, Respondent received $75.00 per trailer to drive the van and load fruit on the trailer and other duties. Another farm labor contractor, Chris Marroquin, owns the van in which Respondent was transporting the farm laborers and was the individual who paid Respondent for picking the fruit, driving the van and loading the trailer. Although Respondent was acting as a farm labor contractor as that term is defined in Section 450.28(1), Florida Statutes, on November 30, 1989, he did possess a certificate of registration as required under Section 450.30, Florida Statutes. The Respondent was charged with: (a) failure to register in violation of Section 450.30, Florida Statutes; (2) failure to put registration in violation of Section 450.33(4), Florida Statutes and; (3) transporting farm laborers without authorization in violation of Rule 38H-11.006(5), Florida Administrative Code. Respondent applied for a certificate of registration on December 1, 1989 and was issued same on December 5, 1989.
Recommendation Having considered the foregoing Findings of Fact and Conclusion of Law, the evidence of record, the candor and demeanor of the witness and the factors set forth in Rule 38H-11.012(2)(a-q), Florida Administrative Code, it is, therefore, RECOMMENDED: That the Petitioner enter a Final Order assessing civil penalty against the Respondent, Leopoldo Cantu, Jr. in the account of $500.00. DONE and ENTERED this 20th day of September, 1990, in Tallahassee, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of September, 1990. COPIES FURNISHED: Hugo Menendez, Secretary Department of Labor and Employment Security 2590 Executive Center Circle, East Berkeley Building, Suite 200 Tallahassee, FL 32399-2152 Stephen Barron, General Counsel 2012 Capitol Circle, S.E. Suite 307, Hartman Building Tallahassee, FL 32399-0658 Leopoldo Cantu, Jr. Route 6, Box 495L Edinburg, TX 78539 Moses Williams, Esquire Department of Labor and Employment Security 2562 Executive Center Circle Suite 117 Tallahassee, FL 32399-0658 Ruth Ann Weaver Bureau of Agricultural Progrms Post Office Box 1698 Tallahassee, FL 32302-1698
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: 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. 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. 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. 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. 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. 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. 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. 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.
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
