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Thomas Nemecek

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850-413-1606

Bar #83848(FL) License for 14 years

Apalachicola FL

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Florida Administrative Code: 69L-6.028, 69L-6.032, 69L-7.100, 69L-7.710

16-005110 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs AMERICAN ALUMINUM CONCEPTS, INC. (2016)

Division of Administrative Hearings, Florida Filed: Sep. 06, 2016

Whether Respondent violated the provisions of chapter 440, Florida Statutes, by failing to secure payment of workers’ compensation coverage, as alleged in the Second Amended Order of Penalty Assessment; and, if so, the appropriate penalty.Department proved that Respondent failed to secure workers' compensation for its employees. Recommend penalty assessment in the amount of $6,656.85.

16-000711 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs SUNSHINE RENTAL OF CITRUS, LLC (2016)

Division of Administrative Hearings, Florida Filed: Feb. 10, 2016

The issue in this case is whether Respondent, Sunshine Rental of Citrus, LLC (“Sunshine”), should have a penalty assessed against it by Petitioner, Department of Financial Services, Division of Workers’ Compensation (the “Department”), and, if so, the amount of such penalty or assessment.Respondents did not have workers' compensation insurance in place. The Department proved by clear and convincing evidence that Respondents should pay a penalty.

16-000710 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs M. C. JENNINGS, JR. CONSTRUCTION CORP. (2016)

Division of Administrative Hearings, Florida Filed: Feb. 10, 2016

Whether Respondent violated the provisions of chapter 440, Florida Statutes (2016), by failing to secure the payment of workers' compensation coverage, as alleged in the Stop-work Order.1/Respondent was engaged in the construction industry, had three employees, and failed to secure workers' compensation insurance. Recommend upholding penalty assessment in the amount of $8,753.66

15-006008 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs LOPES CARPET CORP. (2015)

Division of Administrative Hearings, Florida Filed: Oct. 22, 2015

The issue is whether Petitioner properly issued a Stop-Work Order and Amended Order of Penalty Assessment against Respondent for failing to obtain workers' compensation insurance that meets the requirements of chapter 440, Florida Statutes.It is recommended that Stop-Work Order be cancelled, Amended Order of Penalty Assessment be dismissed, and penalty be assessed against Respondent for failure to maintain required exemption.

15-005281 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PEREZ CONCRETE, INC. (2015)

Division of Administrative Hearings, Florida Filed: Sep. 18, 2015

The issue in this case is whether Petitioner proved that Respondent violated chapter 440, Florida Statutes (2014),1/ by failing to secure the payment of workers' compensation coverage as alleged in the Stop-Work Order and Amended Order of Penalty Assessment.Petitioner failed to prove that Respondent should be assessed a fine for failing to secure payment of workers' compensation insurance where Respondent, a subcontractor, had secured and maintained insurance through the statutory employer.

14-006147F AMERICAN PRO DIVING CENTER, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2014)

Division of Administrative Hearings, Florida Filed: Dec. 18, 2014

Whether Petitioner is entitled to attorneys’ fees under 57.111, Florida Statutes.The claim under 57.111, Florida Statutes, dismissed for failure to prosecute.

16-000379F AMERICAN PRO DIVING CENTER, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2016)

Division of Administrative Hearings, Florida Filed: Jan. 25, 2016

The claim under 57.111, Florida Statutes, dismissed for failure to prosecute.

15-002464 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs GULF COAST SITE PREP., INC. (2015)

Division of Administrative Hearings, Florida Filed: May 01, 2015

Whether Respondent, Gulf Coast Site Prep, Inc., failed to comply with the coverage requirements of the Workers’ Compensation Law, chapter 440, Florida Statutes, by not obtaining workers’ compensation insurance for its employees, and, if so, what penalty should be assessed against Respondent pursuant to section 440.107, Florida Statutes (2014).1/Department proved by clear and convincing evidence that Respondent failed to secure payment of workers' compensation insurance for its employees.

15-002707 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs D. TECH NETWORKING SERVICES, LLC (2015)

Division of Administrative Hearings, Florida Filed: May 14, 2015

The issue in this case is whether the Stop-Work Order issued by Petitioner for Respondent's failure to comply with a business records request served in connection with Petitioner's workers' compensation coverage audit of Respondent was issued in conformance with section 440.107(7)(a), Florida Statutes (2014).1/Petitioner proved, by clear and convincing evidence, that the Stop-Work issued ordering Respondent to cease all business operations in the state for failing to secure workers' compensation coverage for its employees was correctly issued.

15-002801 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs ALELUYA ROOFING PLUS CONSTRUCTION, INC. (2015)

Division of Administrative Hearings, Florida Filed: May 20, 2015

The issues are whether Petitioner has proved that Respondent failed to secure workers' compensation insurance, as required by section 440.10, Florida Statutes, and, if so, the amount of the penalty, pursuant to section 440.107.Recommend $9864.41 fine for failure to secure workers' compensation insurance for roofing employees.