Legal Question in Credit and Debt Law in Florida

I made a contract with a farmer to grow 50 acres of cucumbers; the contract stated that my obligation was only to provide the funds for the project or crop. The planting and growing of the produce was the farmers responsibility, for a period of 45 days I never stop going to the farm and kept telling the farmer to fertilize the plants to water the plant and to spray but none of this was really done on time.

It takes only 45 days to harvest this type of produce at most 50 days, on September 24 2009 they started planting the crop and on November 19 2009 they stared harvesting that�s 57 days which means that they wore past due by 12 days and for cucumbers to be that late is a total loss.

Part of the land that was used for the cucumber crop has not been paid for to the landlord, which means that in reality the farmer is stealing the landlord.

The contract strictly specified that he was responsible for growing and maintaining the crop. Due to his negligence the crop was a complete failure, but that�s not just been said by me, the person who sold him the fertilizer inspected the land and came to the conclusion that it was a total loss because of him (farmer) not doing his job as how it was stated in the contract. In other words he used the money given by me to grow his tomato crop. To me that�s stealing because he used the money for his own purpose and not for what was agreed in the contract.

Now, since it is obvious that the farmer did not accomplish with the original contract and that he has not returned any of the money invested and subleased a land that he was not suppose to , does this makes it a civil case or a criminal case?

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