 |
FLORIDA LEGAL SERVICES, INC, a Florida Corporation,
and AROLDO LOPEZ, Plantiffs,
vs.
FARMOP, INC., a Florida Corporation, and DAVID GARCIA,
Individually, Defendants
ORDER ON PLANTIFFS' APPLICATION/MOTION FOR TEMPORARY
INJUNCTION
THIS MATTER having come on to be heard before this
Court upon the Plaintiff's Application/Motion for Temporary
Injunction, and this Court having heard argument of
counsel and the evidence presented by Plantiffs, and
otherwise being duly advised in the premises, it is
hereby
ORDERED AND ADJUDGED as follows:
I. Section 381.00897, Florida Statutes, provides
that a resident of a migrant labor camp or residential
migrant housing may decide who may decide who may visit
him or her in the resident's private living quarters.
The Defandant FARM OP, INC., may not prohibit or
attempt to prohibit an invited guest access to or egress
from the private living quarters of the resident who
invited the guest by the erection or maintenance of
any physical barrier, by physical force or violence,
by threat of force or violence, or by any verbal order
or notice given in any manner, except as provided under
that statute section.
2. An "invited guest" includes any person
who is invited by a resident to a migrant labor camp
or residential migrant housing to visit that resident.
Pursuant to Section 381.00897, Florida Statutes, other
authorized visitors also have a right of access to or
egress from the common areas of a migrant labor camp
or residential migrant housing. The Defendant, FARM
OP, INC., may not prohibit or attempt to prohibit such
visitors access to or egress from the common areas of
a migrant labor camp or residential migrant housing
by the erection or maintenance of any physical barrier,
by physical force or violence, by threat of force or
violence, or by any verbal order or notice given any
manner, except as provided under that statute section.
4. Such "authorized visitors" include representatives
of non-profit legal services corporations, such as the
Plantiff, FLORIDA RURAL LEGAL SERVICES, INC., who must
comply with the Code of Professional Conduct of Professional
Conduct of the Florida Bar. The term also includes a
representative of a bona fide religious organization
who, during the visit, is engages in the voaction or
occupation of a religious professional or worker such
as a minister, priest, or nun.
5. The Defendant, FARM OP, INC., has improperly
restricted and denied access to "invited guests"
and "other authorized visitors" in violation
of Section 381.00897, Florida Statutes.
6. The Plantiff's Application/Motion for Temporary
Injunction is hereby GRANTED. The plantiffs have met
their burden of establishing the requisite elements
for the issuance in a temporary injunction by showing
the inadequacy of a remedy of law, the likelihood or
irreparable injury if an order of injunction is not
issued, and the probability of success in the action.
7. The Defendant, FARM OP, INC. shall be enjoined
from conduct that operates to deprive "invited
guests" and other "authorized visitors,"
as those terms are defined under Section 381.008(3)
and (6), Florida Statutes, of their rights guaranteed
by Section 381.00897, Florida Statutes.
8. Pursuant to Rule 1.610, Florida Rules of Civil Procedure,
a bond in the amount of Five Hundred and No/100 ($500.00)
Dollars shall be posted, conditioned for the payment
of costs and damages sustained by the adverse parties
if the adverse parties are wrongly enjoined. Defendadnt,
FARM OP, INC., shall be afforded the opportunity to
file a motion to request the Court to increase the amount
of the bond. This Order shall become effective when
the bond is approved by the clerk of court.
9. The Defendant's, FARM OP, INC.'s, Motion for COntinuance
is DENIED. That Defendant, however, shall be afforded
the opportunity to file a motion to dissolve this Order,
if it shoudl so choose.
DONE and ORDERED in Chambers in Fort Myers, Lee
County, Florida this 16 day of May, 2002.
|
|
