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IN THE CIRCUIT COURT IF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA
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.
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