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
The Issue Whether Respondent violated Sections 475.42(1)(a), and (b), and 475.25(1)(a), (b), and (e), Florida Statutes, and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, Florida Department of Business and Professional Regulation, Division of Real Estate (Department), is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165, Florida Statutes, Chapters 120, 455, and 475, Florida Statutes, and the rules promulgated thereto. Respondent, Joan R. Marino (Marino), is now and was at all times material to this proceeding a licensed real estate broker in the State of Florida having been issued license number 0462547 in accordance with Chapter 475, Florida Statutes. On or about 1985 Marino became licensed by the Department as a real estate salesperson. Since late 1985, Marino has continuously been employed to sell real estate by real estate broker, Hal Simkaitis, and Prestige Property Investments, Inc. (Prestige). Some time in 1988 Marino became licensed by the Department as a real estate broker. Since September 30, 1989, Respondent has been employed by Prestige as a real estate broker-salesperson. Unbeknownst to Marino, her license expired on September 30, 1989. It is not clear from the evidence presented the reason for the expiration of the license. In December, 1991, Marino notified the Department of a change in her address by sending in Form 400.5. The form indicates that when a licensee is completing the form to notify the Department of a change of residence address that sections C and D2 are not required to be filled out. Those sections deal with information concerning the employer. Mr. Simkaitis correctly filled out the form for Marino and she signed it. However, the Department inadvertently put Marino's license on inactive status because section C was not completed. At or about the same time that Marino was advising the Department of her change of address, she was notified by the Department that she needed to pay her fees and complete an additional 28 hours of continuing education. The Department's records indicate that the fees paid included the fees for biennium 1989-1990 and 1991-1992. Ms. Marino completed the additional continuing education requirement. While with Prestige, Marino listed several of her own properties for sale. She owned a property located at 704-D Springdale Circle, Palm Springs, Florida, which she desired to sell; however she did not list the property with Prestige. On January 6, 1993, Marino in her own capacity as seller, negotiated a sales contract entered into by Joseph and Terri Marie Napolitano (Buyers) for the property on Springdale Circle. The Buyers gave Marino a $500 earnest money deposit. The contract required the deposit to be held in escrow by Marino. She placed the money in her personal checking account. The property was subject to the rules and regulations of the Springdale Homeowners Association, Inc. (Homeowner's Association). On February 20, 1993, the Buyers met with the Homeowner's Association's screening committee for a screening interview. During the meeting the Buyers were given a copy of the rules and regulations of the homeowner's association. Buyers had requested a copy of the rules and regulations from Marino but she had failed to provide them a copy. At the time of the interview, the Buyers owned three cats, one dog, and three vehicles. The rules allowed either one cat or one dog as a residential pet and only two vehicles per unit to be parked on the Springdale premises. Because the Buyers did not meet the homeowner's association's rules, the interview was terminated and a certificate of approval was not issued by the homeowner's association. Within three weeks of the interview, the Buyers gave away three of the four pets, sold one of the vehicles and purchased another home in the Springdale development, where Marino's property was located. The Buyers executed two releases of deposit receipt, one which would release the deposit to Marino and the other which would release the deposit to the Buyers. Marino felt the Buyers had breached the contract, did not accept either release, and kept the deposit. On February 24, 1993, Albert J. Gamot, Jr., attorney on behalf of the buyers, made a demand upon Marino for the return of the $500 earnest money deposit. Subsequent to February 24, 1993, the Buyers filed a complaint against Respondent in the civil division of Palm Beach County Court. Marino counterclaimed for lost rents and expenses incurred to ready the property for closing. On June 18, 1993, Judge Jeffrey J. Colbath issued a Final Judgement for the Buyers in the sum of $500 plus court costs in the amount of $97.30. In March, 1994, Marino paid the judgement.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered dismissing Counts I and III of the Administrative Complaint, finding the Respondent guilty of violating Section 475.42(1)(a), Florida Statutes, as alleged in Count II of the Administrative Complaint and imposing an administrative fine of $250. DONE AND ENTERED this 15th day of June, 1994, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 15th day of June, 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-771 To comply with the requirements of Section 120.59(2), Florida Statutes (1993), the following rulings are made on the Petitioner's proposed findings of fact: Petitioner's Proposed Findings of Fact Paragraphs 1-2: Accepted. Paragraphs 3-4: Accepted in substance. Paragraph 5: Accepted. Paragraphs 6-10: Accepted in substance. Paragraphs 11-14: Accepted. Paragraphs 15-19: Accepted in substance. COPIES FURNISHED: Theodore R. Gay Senior Attorney Department of Business and Professional Regulation 401 Northwest 2nd Avenue, Suite N-607 Miami, Florida 33128 William M. Winkel, Esquire 2628 Forrest Hill Blvd. West Palm Beach, Florida 33406 Jack McRay Acting General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399 Darlene F. Keller Division of Real Estate Divison Director 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802-1900
The Issue Whether Respondent committed the offenses described in the Administrative Complaint issued against him by Petitioner? If so, what penalty should imposed?
Findings Of Fact At all times material hereto, Respondent has held a farm labor contractor certificate of registration issued by Petitioner. Prior to November 13, 1990, his certificate did not authorize him to arrange or provide transportation for farmworkers. On November 13, 1990, his certificate was amended to reflect that he was henceforth "transportation authorized." Carleen Willis has been a Crew Chief Compliance Officer with Petitioner for the past five years. In her capacity as a Crew Chief Compliance Officer, she monitors the activities and operations of farm labor contractors in the field to ascertain whether they are in compliance with the various statutory and rule provisions regulating their conduct. Events of October 25, 1989 On October 25, 1989, while making a routine visit to the field, Willis encountered Respondent supervising approximately 30 farmworkers who were planting cane for United States Sugar Corporation (USSC). Respondent had recruited these workers for USSC. He also had provided them with transportation in his 1979 International Bus, notwithstanding that he was not, at the time, "transportation authorized" inasmuch as he had submitted to Petitioner neither proof that this vehicle was properly insured, nor proof that it had been inspected and found in compliance with applicable safety standards. For his services, Respondent was paid $100.00 a day by USSC. The bus used to transport the farmworkers under Respondent's supervision was driven by Jean Baptiste Pierre. Pierre, who received compensation from Respondent for transporting the workers, did not then hold a current farm labor contractor certificate of registration issued by Petitioner. Respondent did not have with him his certificate of registration and therefore was unable to produce it when Willis asked him to show it to her during her field inspection. Following her inspection, Willis gave Respondent a citation charging him with violating Florida law by, among other things, "[f]ail[ing] to exhibit certificate," "[f]ail[ing] to assure safety of transportation vehicles," "[f]ail[ing] to obtain prescribed vehicle insurance," and "[u]tilization of unregistered crewleader." Events of January 30, 1990 On January 30, 1990, Willis again encountered Respondent in the field. Respondent was working as an independent contractor for USSC, as he had been at the time of their earlier meeting on October 25, 1989. On this occasion, he was en route to Clewiston with a group of farmworkers who had been recruited to plant cane. They were travelling in Respondent's 1979 International Bus. Respondent had yet to submit proof that the vehicle was properly insured or that it had passed the necessary safety inspection. Accordingly, on this date, he still was not "transportation authorized." Following her inspection, Willis gave Respondent a citation charging him with violating Florida law by "[f]ail[ing] to assure safety of transportation vehicles," and "[f]ail[ing] to obtain prescribed vehicle insurance." Events of March 15, 1990 On March 15, 1990, Respondent, for a fee, again used his 1979 International Bus to provide transportation to a group of farmworkers. As of March 15, 1990, Respondent still had not submitted adequate proof that his vehicle met the applicable safety requirements. He therefore remained "transportation unauthorized." Consequently, he was again cited by Willis, who on this date had paid him another visit in the field, for "[f]ail[ing] to assure safety of transportation vehicles." Record of Prior Violations In 1986, Respondent was cited by Petitioner for acting as a farm labor contractor without being registered to do so. He recived a letter of warning for this violation. On April 3, 1989, Respondent received a citation from Petitioner for failing to post and exhibit his certificate of registration, failing to assure the safety of the vehicle he was using to transport farmworkers, and failing to obtain the prescribed insurance for this vehicle. For these violations, he also received a letter of warning.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that Petitioner enter a final order finding Respondent guilty of the violations alleged in the Administrative Complaint and imposing a civil penalty in the amount of $2,250.00 for these violations. RECOMMENDED in Tallahassee, Leon County, Florida, this 13th day of March, 1991. STUART M. LERNER 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 13th day of March, 1991.
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
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
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
The Issue The issues are whether (a) respondent, Medardo G. Soto, should have a $1,500 civil penalty imposed for allegedly violating Sections 450.33(5) and and 450.35, Florida Statutes (1989), and (b) whether respondent, Martin G. Soto, should have a $250 civil penalty imposed for allegedly violating Section 450.30, Florida Statutes (1989).
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: This controversy arose on the morning of January 29, 1990, when Larry Coker, a compliance officer with petitioner, Department of Labor and Employment Security, Division of Labor, Employment, and Training (Division), made an inspection of a citrus harvesting crew working in an orange grove on the Black Bay Citrus and Cattle Company on County Road 763 in DeSoto County, Florida. The purpose of the inspection was to determine whether the crew and its supervising contractor were in compliance with state regulations. Upon entering the premises, Coker observed a crew of eighteen workers harvesting fruit in a citrus grove. Respondent, Martin G. Soto (Martin), was operating a high lift at the work site. Coker approached Martin and asked him who was the farm labor contractor for the crew. Martin responded that his brother, Medardo G. Soto (Medardo), who is also a respondent in this cause, was the licensed farm labor contractor but he (Medardo) was in Immokalee. Martin acknowledged that he (Martin) was supervising the crew for his bother and was being paid $50 per day to do so. Division records reflect that Martin is not licensed by the State to perform that activity. Accordingly, it has been established through Martin's admissions and Coker's observations that Martin was acting as a farm labor contractor without a license. Martin was issued a citation that day which he read and signed. At the bottom of the citation Martin acknowledged that the charges contained therein were true. By allowing his brother to supervise a crew without a proper license, Medardo used an unregistered farm labor contractor in contravention of the law. Martin further acknowledged that he had driven the workers to the field that day in Medardo's 1986 Ford van. A search of Division records revealed that the 1986 Ford van did not have the required vehicle inspection or proof of liability insurance on file with Division offices. Agency rules require that evidence of such inspection and insurance be filed with the Division. Accordingly, it is found that Medardo operated a vehicle used to transport workers without furnishing the Division proof of the necessary vehicle inspection and insurance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding that respondent Medardo G. Soto has violated Sections 450.33(5) and (9) and 450.35, Florida Statutes (1989) and that respondent Martin G. Soto has violated Subsection 450.30(1), Florida Statutes (1989). It is further recommended that Medardo and Martin Soto be fined $1,500 and $250, respectively, such fines to be paid within thirty days from date of the final order entered by the Division. DONE and ENTERED this 29th of October, 1990, in Tallahassee, Florida. DONALD ALEXANDER Hearing Officer Division of Administraive 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 29th day of October, 1990. COPIES FURNISHED: Francisco R. Rivera, Esquire 307 Hartman Building 2012 Capital Circle, S. E. Tallahassee, FL 32399-0658 Mr. Medardo G. Soto 1013 North 19th Street Immokalee, FL 33934 Mr. Martin Soto 1013 North 19th Street Immokalee, FL 33934 Hugo Menendez, Secretary Dept. of Labor and Employment Security 307 Hartman Building 2012 Capital Circle, S. E. Tallahassee, FL 32399-0658 Stephen D. Barron, Esquire 307 Hartman Building 2012 Capital Circle, S.E. Tallahassee, FL 32399-0658
Findings Of Fact During late 1987 and early 1988, the Respondent, Javier Melendez, was registered by the Petitioner, the Department of Labor and Employment Security (DLES), as a farm labor contractor with authorization to transport migrant and seasonal farm workers. In March, 1988, Melendez applied to renew his registration as a farm labor contractor. On or about April 5, 1988, the DLES entered a Final Order imposing $1400 of fines on Melendez for two violations: one, a violation of Section 450.33(5), Florida Statutes, and Rule 38B-4.005(1), Florida Administrative Code, for not carrying required liability insurance on the 1979 Ford van in which he was transporting migrant and seasonal farm workers on December 10, 1987; the second, a violation of Section 450.33(9), Florida Statutes, and Rule 38B-4.004(5), Florida Administrative Code, for not having a current valid inspection on the same vehicle on the same day. Melendez did not take steps to bring his 1979 Ford van into compliance with the requirements for using it to transport migrant and seasonal farm workers. On January 11, 1988, another registered farm labor contractor named Emmett Hunter was using a 1975 Ford van that Melendez owned and had loaned to Hunter for a rental charge to transport migrant and seasonal farm workers. The 1975 Ford van did not have required liability insurance for use in transporting migrant and seasonal farm workers. Melendez still has not brought either of the two vans into compliance with the requirements for use in transporting migrant and seasonal farm workers. Melendez has paid no part of the $1400 of fines that were imposed by Final Order in April 1988. Melendez did not appear at the final hearing in this case.
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is recommended that the Petitioner, the Department of Labor and Employment Security, enter a final order denying the application of the Respondent, Javier Melendez, for renewal of his certificate of registration as a farm labor contractor. RECOMMENDED this 3rd day of August, 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 3rd day of August, 1988. COPIES FURNISHED: Moses E. Williams, Esquire Department of Labor and Employment Security Suite 117, Montgomery Building 2590 Executive Center Circle, East Tallahassee, Florida 32399-2152 Mr. Javier Melendez Post Office Box 2052 Haines City, Florida 33844 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 32399-2152
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
