FILED JUN 2 6 2009 4 Chief Financial Officer Docketed by: : REPRESENTING ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: REDCO CONSTRUCTION, INC. Case Number: 08-206-D5-09-WC FINAL ORDER THIS PROCEEDING came on for final agency action and Alex Sink, Chief Financial Officer of the State of Florida, or her designee, having considered the record in this case, including the Stop- Work Order and Order of Penalty Assessment and the Amended Order of Penalty Assessment served in Division of Workers’ Compensation Case No. 08-206-D5, and being otherwise fully advised in the premises, hereby finds that: 1. On June 25, 2008, the Department of Financial Services, Division of Workers’ Compensation (hereinafter “Department”) issued a Stop-Work Order and Order of Penalty Assessment in Division of Workers’ Compensation Case No. 08-206-D5 to REDCO CONSTRUCTION, INC. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein REDCO CONSTRUCTION, INC. was advised that any request for an administrative proceeding to challenge or contest the Stop-Work Order and Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Stop- Work Order and Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes. 2. On June 25, 2008, the Stop- Work Order and Order of Penalty Assessment was served by personal service on REDCO CONSTRUCTION, INC. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as “Exhibit A” and incorporated herein by reference. 3. REDCO CONSTRUCTION, INC. failed to answer the Stop- Work Order and Order of Penalty Assessment or request a proceeding in accordance with Sections 120.569 and 120.57, Florida Statutes. 4. On October 31, 2008, the Department issued an Amended Order of Penalty Assessment in Case No. 08-206-D5 to REDCO CONSTRUCTION, INC. The Amended Order of Penalty Assessment assessed a total penalty of $1,326,7 B .10 against REDCO CONSTRUCTION, INC. The Amended Order of Penalty Assessment included a Notice of Rights wherein REDCO CONSTRUCTION, INC. was advised that any request for an administrative proceeding to challenge or contest the Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes. 5. On December 17, 2008, the Amended Order of Penalty Assessment was served on REDCO CONSTRUCTION, INC. by personal service. A copy of the Amended Order of Penalty Assessment is attached hereto as “Exhibit B” and incorporated herein by reference. 6. On January 7, 2009, REDCO CONSTRUCTION, INC. served a petition for hearing on the Department. The petition for hearing was forwarded to the Division of Administrative Hearings on January 22, 2009 and was assigned Division of Administrative Hearings Case No. 09- 0362. A final hearing on the matter was scheduled for March 26, 2009. 7. On February 16, 2009, the Department served its first written discovery request on REDCO CONSTRUCTION, INC. Responses or objections to the discovery were required to be served on the Department within thirty (30) days. 8. On February 24, 2009, the Administrative Law Judge issued an Order Granting Leave to Withdraw, permitting counsel for REDCO CONSTRUCTION, INC. to withdraw from representation in this matter. On March 2, 2009, Anton Rettenwander filed a Notice of Appearance Pro Se, indicating that he, as president of REDCO CONSTRUCTION, INC., would represent REDCO CONSTRUCTION, INC. in this matter. 9. On March 6, 2009, the Administrative Law Judge issued an Order Granting Extension of Time, allowing REDCO CONSTRUCTION, INC. until April 2, 2009, to respond to Department’s discovery. 1 0. On March 9, 2009, the Administrative Law Judge issued an Order Granting Continuance and Re-Scheduling Hearing, rescheduling the hearing on this matter for May 7, 2009. 11. REDCO CONSTRUCTION, INC. failed to respond to discovery within thirty days. On April 7, 2009, the Department filed a Motion to Compel Discovery. 12. On April 8, 2009, in response to the Department’s Motion to Compel Discovery, the Administrative Law Judge issued an Order Directing Response, ordering REDCO CONSTRUCTION, INC., to file a written response to Petitioner’s Motion to Compel no later than April 16, 2009. 13. REDCO CONSTRUCTION, INC. failed to respond to discovery by April 16, 2009. On April 21, 2009, the Department filed a Motion to Deem Matters Admitted and to Relinquish Jurisdiction Pursuant to S. 120.57(i), Florida Statutes. — 14. On April 21, 2009, the Administrative Law Judge issued an Order Directing Response, directing REDCO CONSTRUCTION, INC. to file a written response to the Department’s Motion to Deem Matters Admitted and to Relinquish Jurisdiction Pursuant to S. 120.57(i), Florida Statutes no later than April 28, 2009. Failure to comply with the Order Directing Response would result in the Administrative Law Judge issuing an order granting the relief requested by the Department. 15. On April 30, 2009, the Administrative Law Judge issued an Order Relinquishing Jurisdiction and Closing File, deeming the facts elicited by the unanswered admissions contained in — the discovery admitted and the admissions contained therein conclusively established; and relinquishing jurisdiction to the Department for final agency action. A copy of the Order Granting Motion to Deem Matters Admitted is attached hereto as “Exhibit C” and incorporated herein by reference. 16. | On May 5, 2009, the Department mailed a letter to REDCO CONSTRUCTION, INC., informing REDCO CONSTRUCTION, INC. that it would be granted an informal proceeding if a request for such was received by the Department within twenty-one (21) days. A copy of the letter mailed on May 5, 2009, is attached hereto as “Exhibit Db” and incorporated herein by reference. 17. REDCO CONSTRUCTION, INC. failed to submit a written petition for an informal proceeding. FINDINGS OF FACT 18. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on June 25, 2008, and the Amended Order of Penalty Assessment issued on October 31, 2008, which are fully incorporated herein by reference, are hereby adopted as the Department’s Findings of Fact in this case. CONCLUSIONS OF LAW 19. Based upon the Findings of Fact adopted herein, the Department concludes that REDCO CONSTRUCTION, INC. violated the specific statutes and rules alleged in the Stop-Work Order and Order of Penalty Assessment and the Amended Order of Penalty Assessment and hereby adopts the violation(s) charged in the Stop-Work Order and Order of Penalty Assessment and the Amended Order of Penalty Assessment as the Conclusions of Law in this case. PENALTY IMPOSED 20. The dismissal of the petition for hearing submitted in reference to the Stop-Work Order and Order of Penalty Assessment and the Amended Order of Penalty Assessment, taken together with the Findings of Fact and Conclusions of Law adopted herein, constitute grounds for the Chief Financial Officer to impose the penalty and order the cessation of business operations as set forth herein. IT IS THEREFORE ORDERED that: a. REDCO CONSTRUCTION, INC. shall immediately pay the total penalty of $1,326,773.10 in full to the Department of Financial Services for deposit into the Workers’ Compensation Administration Trust Fund; and b. REDCO CONSTRUCTION, INC. shall immediately cease all business operations in the State of Florida until such time as the Department issues an order releasing the Stop-Work Order and Order of Penalty Assessment. The Department shall not issue an order releasing the Stop- Work Order and Order of Penalty Assessment until REDCO CONSTRUCTION, INC. has come into compliance with the coverage requirements of Chapter 440, Florida Statutes, and has paid the total penalty of $1,326,773.10 to the Department. BRIA DEPUTY CHIEF FINANCIAL OFFICER NOTICE OF RIGHTS Any party to these proceedings adversely affected by this Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Florida Rules of Appellate Procedure. Review proceedings must be instituted by filing a Notice of Appeal with Tracey Beal, Department of Financial Services Agency Clerk, at 612 Larson Building, 200 E. Gaines Street, Tallahassee, Florida 32399-0390, and a copy of the same and filing fee with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order. COPIES FURNISHED TO: WILLIAM OROZCO INVESTIGATIVE SUPERVISOR FLORIDA DEPARTMENT OF FINANCIAL SERVICES BUREAU OF COMPLIANCE 401 NW SECOND AVENUE SUITE # S 321, SOUTH TOWER MIAMI, FLORIDA 33128 REDCO CONSTRUCTION, INC 613 SIMONTON STREET KEY WEST, FLORIDA 33040 DOUGLAS DOLAN FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES 200 EAST GAINES STREET TALLAHASSEE, FLORIDA 32399-4229 STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS: COMPENSATION EMPLOYER NAME: STOP-WORK ORGER No.: Redco Construction, Inc. . 08-206-D5 FEIN: - , ISSUANCE DATE: 59-3458034 8/25/2008 EMPLOYER ADDRESS: 613 Simonton Street - ( STATE: FL ZIP: 33140 CITY: Key West . ‘ WORKSITE POSTING ADDRESS: 816 Duval Street : CITY: Key West . STATE: FL ZIP 33140 INDUSTRY OF EMPLOYER: [ml Construction oO Non-construction Agriculture STOP-WORK ORDER Pursuant to section 440.107, F.S., the above-referenced Employer is hereby ORDERED TO CEASE ALL BUSINESS OPERATIONS FOR ALL WORKSITES IN THE STATE based on the following violation(s): [=] Failure to secure the payment of workers’ comipensation in violation of sections 440.10(1), 440.38(1), and 440.107(2) F.S., by: [®] failing to obtain coverage that meets the requirements of Chapter 440, F. S., and the Insurance Code; CJ materially understating or concealing payroll; (] materially misrepresenting or concealing employee duties so as to avoid proper classification for premium calculations; CJ materially misrepresenting or concealing information pertinent to the computation and application of an experience rating modification factor. = Failure to produce required business records within 5 business days in violation of section 440.107(7)(a), F.S. Failure to produce required documents within 3 business days in violation of section 440.05(11}, F.S. THIS STOP-WORK ORDER MAY BE AMENDED TO INCLUDE ADDITIONAL VIOLATIONS AND SHALL REMAIN IN EFFECT UNTIL THE DIVISION ISSUES AN ORDER RELEASING THE STOP-WORK ORDER FOR ALL WORKSITES IF THE EMPLOYER CONDUCTS ANY BUSINESS OPERATIONS IN VIOLATION OF THIS STOP-WORK ORDER, A PENALTY OF $1,000.00 PER DAY FOR EACH DAY OF VIOLATION SHALL BE ASSESSED. ORDER OF PENALTY ASSESSMENT: A penalty against the Employer is hereby ORDERED in an amount: [=] Equal to 1.5 times the amount the employer would have paid-in premium when applying approved manual rates to the employer's payroll during periods for which it failed to secure thé*payment of workers’ compensation requi. ed by this chapter within the preceding 3-year period, or $1,000, whichever is greater. Section 440.107(7)(d), F.S. ( Up to $5,000 for each employee the Employer misclassified as an independent contractor. Sections 440.10(1)(f) and 440.107(7)(f), F. S. : The penalty may be amended until a Final Order or an Order of Conditional Release from Stop-Work Order is issued. Pursuant to section 440.107(11), F.S., the Department may initiate lien proceedings to collect any penalty due that has not been paid. In addition, the Department may refer any unpaid penalty that is due to a collection agency for the initiation -of proceedings to collect the unpaid penalty. Please see the Notice of Rights on the reserve side that pertains to your rights regarding this action. CERTIFICATE OF SERVICE Pursuant to section 440.107(4), F.S., Arturo Vega, Compliance Investigator (prt name and tle of server) served a true copy of this Stop-Work Order: ll] By posting at the Worksite: Date. 6/25/2008; Time: 12:20:31PM Server: A. Vega [a] By hand delivery: Date: 6/25/2008» Time: 12:30:31 PM_,_- Server: A. Vega (J By certified mail: Date: _ , Time: : Article: January 3, 2006 EXHIBIT A NOTICE OF RIGHTS You have a right to administrative review of this action by the Department under Sections 120.569 and 120.57, Florida Statutes. To obtain review, you must file a written petition requesting review. if you dispute a material fact contained in thi, action, you are entitled to a hearing under Section 420.569 and 120.57(1), Florida Statutes, at which you may be represented by counsel, present evidence and argument on the issue(s), examine witnesses, submit a proposed recommended order, and file exceptions to the recommended order of the Administrative Law Judge. If you do not dispute a material fact contained in this action, you are entitled to a hearing under section 120.57(2), Florida Statutes, at which you may be represented by counsel, present documentary avidence, and present a written statement in opposition to this action. 0.569 and 120.57, Florida Statutes, must conform to rules 28-106.2015, Florida Administrative Code. The petition shall contain a) the name, address, and telephone number, and facsimile number (if any) of the petitioner; b) the name, address, and telephone number, and facsimile number of the attorney or qualified representative of the petitioner (if any) upon whom service of pleadings and other papers shall be made; c) a statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate; d) a statement of when the petitioner received notice of the agency action; and e) a statement including the file number to the agency action, A petition for a hearing under Section 12 You must file the petition for hearing so that it is received by the Department within twenty-one (21) days of your receipt of this agency action. The petition must be filed with the General Counsel acting as the Agency Clerk, Department of Financial Service, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-8333. FAILURE TO FILE A PETITION FOR HEARING WITHIN THE TWENTY-ONE (21) DAYS CONSTITUTES A WAIVER OF YOUR RIGHT TO ADMINISTRATIVE REVIEW OF THE AGENCY ACTION. Mediation under section 420,573, Florida Statutes, is not available: ISSUING AGENCY NAME AND ADDRESS Division of Workers’ Compensation, Bureau of Compliance: aed 401 NW 2nd Avenue Ste 321-5 Attn: Arturo Vega, Compliance Investigator Telephone; 305-536-0306 January 3, 2006 STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS’ COMPENSATION EMPLOYER NAME: STOP-WORK ORDER No.: REDCO CONSTRUCTION, INC. . 08-206-D5 FEIN: . ISSUANCE DATE: 593458034 . 10/31/2008 EMPLOYER ADDRESS: 613 SIMONTON STREET . . | CITY: KEY WEST STATE: FL ZIP: 33040 AMENDED ORDER OF PENALTY ASSESSMENT 6/25/2008 . The Stop- The Division of Workers' Compensation issued a Stop-Work Order in this case on Work Order included an Order of Penalty Assessment that identified the penalties assessable under sections 440.10 and 440.107, F.S. The Division hereby amends the Order of Penalty Assessment based on the following penalties: i Failure to secure the payment of workers’ compensation within the meaning of section 440.107(2), F.S., by: failing to obtain coverage that meets the requirements of Chapter 440, F.S., and the Insurance Code, materially understating or concealing payrol!; Oo materialy misrepresenting or concealing employee duties so as to avoid proper classification for premium calcutations; (1 materially misrepresenting or concealing information pertinent to the computation and application of an experience rating modification factor. For such violation(s) the Employer is assessed a penaity of $ 1,326,773.10 (section 440.107(7)(d), F.S.) as detailed in the attached PENALTY WORKSHEET, which is incorporated herein by reference; -Work Order as detailed in the attached PENALTY Conducting business operations in violation of the Stop for which the Employer is assessed a penalty of WORKSHEET, which is incorporated herein by reference, $ (section 440.107(7)(c), F.S.); dent contractor(s), as detailed on the attached (] Misrepresenting the status of the employee(s) as an indepen e Employer is assessed a penalty of PENALTY WORKSHEET, which is incorporated herein by reference, for which th $ (section 440.10(1)(f), F.S..). It is hereby ORDERED that the Employer is assessed a TOTAL PENALTY of $.1,326,773.10 The penalties assessed herein supersede any penalties previously assessed in this case. The Employer shall pay the TOTAL PENALTY by money order or cashier's check, made payable fo the DFS-Workers’ Compensation Administration Trust Fund. The Stop-Work Order issued in this case shall remain in effect until either (a) The Division issues an order releasing the Stop-Work Order upon finding that the employer has come into compliance with the coverage requirements of the workers’ compensation law and pays the total penaity in full, or (b) The Division issues an Order of Conditional Release From Stop-Work Order pursuant to the employer coming into compliance with the coverage requirements of the workers’ compensation law and entering into a Payment Agreement Schedule For Periodic Payment of Penalty. Pursuant to section 440.107(1 1), F.S, the Department may initiate lien proceedings to collect any penalty due that has not been paid. In addition, the Department may refer any unpaid penaily that is due to a collection agency for the initiation of proceedings to collect the unpaid penalty. Please see the Notice of Rights on the reserve side that pertains to your rights regarding this action. /7* CERTIFICATE OF SERVICE Pursuant to section 440.107(4), F.S., = served a true copy of this Amended Order of Penalty Assessmel | [iBy hand delivery: Date: {2° (7 e4S_; Time: __| Cipy certified maik Date: ___5 Time: . > Article: Server. —_—<—<——— January 3, 2006 EXHIBIT B [ | NOTIGE OF RIGHTS You have a right to administrative review of this action by the Department under Sections 120.569 and 120.57, Florida Statutes. To obtain review, you must file a written petition requesting review. If you dispute a material fact contained in this action, you are entitled to @ hearing under Section 120.569 and 120.57(1), Florida Statutes, at which you may be Tepresented by counsel, present evidence and argument on the issue(s), examine witnesses, submit a proposed recommended order, and file exceptions to the recommended order of the Administrative Law Judge. If you do not dispute a material fact contained in this action, you are entitled to a hearing under section 120.57(2), Florida Statutes, at which you may be represented by counsel, present documentary evidence, and present a written statement in opposition to this action. A petition for a hearing under Section 120.589 and 420.57, Florida Statutes, must conform to rules 28-106.2015, Florida Administrative Code, The petition shall contain a) the name, address, and telephone number, and facsimile number (if any) of the petitioner; b) the name, address, and telephone number, and facsimile number of the attorney or qualified representative of the petitioner (if any) upon whom service of pleadings and other papers shall be made; c) a statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must se.indicate; d) a statement of when the petitioner received notice of the agency action; and e) a statement including the file number to the agency action; You must file the petition for hearing so that it is received by the Department within twenty-one {21) days of your receipt of this agency action. The petition must be filed with the General Counsel acting as the Agency Clerk, Department of Financial Service, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. FAILURE TO FILE A PETITION FOR HEARING WITHIN THE TWENTY-ONE (21) DAYS CONSTITUTES A WAIVER OF YOUR RIGHT TO ADMINISTRATIVE REVIEW OF THE AGENCY ACTION. Mediation under section 120.573, Florida Statutes, is not available. ISSUING AGENCY NAME AND ADDRESS Division of Workers' Compensation, Bureau of Compliance: . 401 NW 2ND AVE SUITE S-321 vax Attn: +o¢. Telephone: 305-536-0308 January 3, 2006 State of Florida, Department of Financial Services Division of Workers' Compe. _.ion, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION INC ie. andthe Insurance Cod ag ( Premium Penalty** (d) x (e) {fx 1.5 Period of Non-Compliance BBAS MUKHITDINOV 5610 06/26/20.5 12/31/2005 , 1,761.00 fantnony Granam | 1 | save [osraero00s | varsir2oes | 20.321.00] NTHONY STERLING |) | 5610 | 06/26/2005 [rarst2008 [15,902.11 [BRYANT WATSON T3645 96/26/2008 | 12/31/2005 3,510.00} (CARLOS R MENDEZ 7219 oa/2er2005 | 12/31/2005 | 860.00 {CHARLES BROCKNER [TTT sara Tosraerzocs | 12/31/2008 [9526.0 [COREY KOONCE —Tseas Posi26r20c8 | 7273112005 | 20,701.00 [coREYORR i [ate [os26r2005- 42/31/2008 | 18,722.71 [PAN LIVINGSTON [6645 | 06/26/2005 [v2rs12005 [1,020.00 [DANY MIRANDA | J [5645 [osr6/2005° [7273172005 | 1,096.00 [DAVIDDEYOUNG “[se08~[osra6r2005 [12/81/2005 [7738.02 fmiTRiLeBEDEV | 5610 “Tosreiz008 | 12/31/2005 | 13,832.00 [DONALD B GIBSON PTT seas Posr2sr200s | 12/31/2005 [3,627.00 EDDY CRUZ [TTP se10 — [osr2srz00s [72/1/2005 | 11,970.00 {GEORGE ADAMS PTT seas Posr2er200s | 12/31/2005 1 13,800.00). [GEORGE CZEK [TTT Seto [osr2672005 [iarstz005 [~ 5.439.00 JGREGORY HALE [TTT seas”[osr26r200 | 12/31/2005 | 22,405.20 HUGH OBRIANFENTON |. | 8610 | 06/26/2005 | 12/31/2005 [74;868-00 GiaiMe CARDOZA SCOT [seas [osrzer2008 [12/31/2008 [ 5,272.00 JAROSLAV NECAS5437 “Tsar [osrzer2008 [12/31/2005 [1,431.00], JOHN SIMPSON eed { 7219 [06/26/2005 | 12/31/2005 | 220.00 force LARREA ia] | 5645 | 06/26/2005 | 42/31/2005 | 1,221.00 pose ALEJO 06/26/2005 | 12/31/2005 | 3,060.00 * Ifthe employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shall be imputed to be the statewide average weekly wage as defined in s.440.12(2) F.S.multiplied by 1.5, (440.107(7)(e)). ** Premium multiplied by statutory factor of 1.5 *** Greater of penalty under column (g) or $1000. $440.107(d)(1) DWC Case No. cS 08-206-D5 State of Florida, Department of Financial Services Division of Workers’ Comper. «ion, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION INC : ‘iy (g) Employee Name Imputed| Class. Period of Premium Code : Non-Compliance {d) x (e) (f)x4 UUERGEN COLE 5437 06/26/2005 8 | 12/31/2005 BusTIN MW PUGH [KYLE O}HEARN [S608 [osr2e/2005 [12/31/2008 | 8437 | 06/26/2008 | 12/31/2005 JkYLE ORR l [5474 06/26/2008 | 12/31/2005 | [TARRY WOOD 5645 | oa/2e/2005 | 12/31/2008 | 27,295.00| LEMOR RODRIGUEZ 3610 [osra6r2005 [12/31/2008 | 11,914.00 [LUBOS CZERNEK iz 5348 | 06/26/2005 | 12/31/2005 530.00 [MIGUEL CEPERO 3610 | 09/26/2005 | 12/31/2005 [6,924.00 {MILAN JACHYMOVSKY eR onTeT er TaarenyePr errand NATHANIEL J BOWDEN [sara 5610 Foar26r2008 | 12/31/2005 | 12,044.00] 06/26/2008 | 12/31/2005 | 5,310.00 [PAUL BARRETT — 5645 | 0/26/2005 | 12/31/2005 [26,877.54 jPAUL MCALEER 06/26/2005 | 12/31/2005 | 12,729.80 |PETER CANKO 5437 [oor262005 | 12/31/2005 | 17,669.50 [PeTR SEBEK ~ iz 5610 Tos/26/2005 12/31/2005 | 14,017.00 Se JRAUL BARCENAS ga7a” Toas2e/2008 | 12/31/2005 | 2.790.00[, Ri HARD CICERAN 4 | s606 06/26/2005 | 12/31/2005 { 110.00 RICHARD JOHNSON T [e610 [os26/2005 | 12/31/2005 [8244.10 ROBERT SCOTT [5645 [osr26/2005 | 12/31/2005 P11110.00f, JRODGER S MANON TT sa37— [os/26/2005 72/31/2005 | 21,687.50 ROGER CORLISS [S806 [osr262008 | 12/31/2005 [7 32.385.38 JROGER YOUNG | 5437 [osr26r2008 | 12/31/2005 | 21,518.90 [SEAN PEDERSON oarzei2006 | 12/31/2005 | 17,595.00], [SHAABDULLA SHAALLI 06/26/2005 | 12/31/2005 | 5,320.00 * If the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shall be imputed to be the statewide average weekly wage as defined in s.440.12(2) F.S.multiplied by 1.5, (440.107(7){e)). ** Premium multiplied by statutory factor of 1.5 *** Greater of penalty under column (g) or $1000. s440.107(d)(1) ne EE EEEEnEE EE SEEEEAAEEEREENN DWC Case No. 08-206-D5 State of Florida, Department of Financial Services Division of Workers' Compe, _.ion, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION INC Premium | Penalty** (d) x (e) Employee Name imputed} Class. Period of Code Non-Compliance [STAN SHAW [ET [seas [osrasr200s | 12/31/2005 [STEPHEN SWHITTING [645 [06/26/2005 [i2s172008 \VERNON STERLING [ETT seas [osizer2005" [1273172008 “20,064.55 | WILLIAM PORTAL | 8437 [osr26r2005 [rzsi2005 | 14,730.00 BBAS MUKHITDINOV J sto [oroi2005 [2arstr2006 [10,032.00 NTHONY GRAHAM MAWBY S474 [01/01/2008 | 12/31/2006 [40,776.00 [ANTHONY STERLING [6610 | 0170172006 [Tarsti2006 | 25,489. 33 BERCHAN H DEL SOL 5610 | 01/01/2006 | 12/31/2006 | 15,756.50f [BODDAN CHEBERS a 5a74 [01/01/2006 | 12/31/2006 | 3,710.00 BRANDON JOEL CULVER [| | 5045 | d1ow2008 | 12/31/2006 | 2,950.00 [BURTIN D BASSETT co as S645 [OWov/2006 | 12/31/2006 | 15.482.50 IBURTON D BASSETT 5645 | 01/01/2006 [12131/2006 [15,482.50 CALEB LEMASTERS | 5437 | 01/01/2006 | 12/31/2006 5,850.00 CARLOS R MENDEZ PUTT yates” [oro12006 [12/31/2006 [41,370.00 |CASH mmm per ega5 [0170172006 | 12/31/2006 | 281,614.20 [CHANCE BORNMAN gava [owor/2006 | 12/31/2006 | 1,008.00], [CHARLES BOCKNER 5474 [01/01/2006 | 12/31/2006 [ 16,774.96 [onRISRILEY = 5645 J 01/01/2008 | 12/31/2006 | 40,749.00 [CHRISTINE CURRAN [TTP gato Torvo1v2006 [2vs1/2006 [847-50 [CHRISTOPHER D SOWARD TTT 6437 [orror2a06 [12312006 [620.75 |coREYLKOoNcE OE [seas forvot2006 [1213172006 [4,954.60 [eOREVORR 5474 | 01/01/2006 [Tarstiz006 [42,875.62 DANIEL LIVINGSTON [seas Jotrori2036 [4273172006 [73;785.00f/ * if the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shall be imputed to be the statewide average weekly wage as defined ir. s.440.12(2) F.S.multiplied by 1.5, (440.107(7)(e)). ied by statutory factor of 1.5 *** Greater of penalty under column (g) or $1000. s440.107(d)(1) Shen eA lee TU DWC Case No. 08-206-D5 State of Florida, Depart-nt of Financial Services Division of Workers’ Comper. ..ion, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION INC Premium Penalty** (d) x (e) (f) x 1.5 -Period of Non-Compliance 01/01/2008 Pr2isi/z006 12,421.62}, DAVID ANDERSON 5645 | 01/01/2006 | 12/31/2008 | 6,775.00 DAVID DE YOUNG oio12006 | 12/31/2006 | 73,013.55] DAVIS F YATES [FT [7 esto Poror2006 [12rst/2008 | 4,920.00 aha [OMITRI LEBEDEV o1o172006 | 12/31/2006 | 28,449.00 |DON MILLER 5348 { 01/01/2006 | 42/31/2006 400.00 | 5645 | 01/01/2006 [vrsti2006 [2,412.60] [DONALD GIBSON pRawnpeRAL TT lepoy cruz “Taso for/orvz008 [12/31/2006 [12,681.20 [EMILIO FLORES TOS sara Porrotzo0s [12/31/2006 | 720.00 [ERNESTO FUENTES PTT 564s Tov01/2006 [727172006 | 13,980.50 —o GEORGE - CZEK 5610 01/01/2006 } 12/31/2006 j 26,319.00 i [GEORGE ADAMS 5645 | 01/01/2008 | 12/31/2006 | 33.410.00 5437 [owor/2006 | 12/31/2008 | 22,825.00[ [GEORGE KRUZICK i IDANISE D HENRIQUEZ [GRANTDICKEY “T5645 f 01/01 ‘3008 [ais2008 | 6 506.88 {GREGORY HALE [8645 [ororracos [12/31/2006 | 41,663.15 [HUGH O'BRIAN Tse10 [ovoi2006 [1 [i2rsti2006 | 28,670.00 ONL RAZVAN MUSCALU | sei0 [orvora006 [12/31/2006 " [8,060.00 JANUSZ BARANCZYK [JAROSLAV NECAS [ASON RKLATT [ASON REVIS 5610 01/01/2006 | 12/31/2006 [5370.00 [8437 {01/01/2006 [v2sv2008 [~ 16,911.00 01/01/2066 [i2rs12006 [~ 36,162.50) 5645 | 01/01/2006 [zst2006 [1,822.50 [iEFFERY BERMAN [3645 [0101/2006 [12/81/2008 [734.37] * If the employer has failed to provide business records sufficierit to enable the Department to determine the employer's payroll, payroll shall be imputed to be the statewide average weekly wage as defined in $.440.12(2) F.S.multiptied by 1.5, (440.107(7)(e)). ** Premium multiplied by statutory factor of 1.5 *** Greater of penalty under column (g) or $1000. s440.107(d)(1) DWC Case No. 08-206-D5 State of Florida, Departr +t of Financial Services Division of Workers' Compensation, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION INC DWC Case No. Ss 08-206-D5 - Employee Name imputed} Class Period of ross pI Penalty** Code Non-Compliance ayro ) 1 (f) x 1.6 5645 | 01/01/2006 | 12/31/2006 | 7219 | owot/2006 | 12/31/2006 | 43,069.00 [610 [orovaocs [12/31/2006 | 6,805.00], =| s610 [oro12008 [12/31/2006 | 4,852.50) [9645 Foror2o06 [123172006 | 2,550.00 [6645 Towow2006 [12/31/2006 [~20,764.50f [721s [orvor/z006 | 12/31/2006 [tg63.14 9645 | 01/01/2006 | 12/31/2006 [ 952.00] [JOHANNES FROHCICH [JOHN E SIMPSON [IOHN GERKEN —— [lOHN P WOODSON JOHN VANEMBURG [ORGE LARREA [JOSEPH BAIRD ~~ [POSEPH O'CONNELL FxiiBERLV RETTENWANDER in 8810 | 01/01/2006 | 12/31/2006 | 25,626.00] t 8474 | 01/01/2006 | 12/31/2006 | 480.00 {KIRT KANGAS JKYLEOHEARN PUTT $437 Toriot2006 [72/31/2006 [20,740.31] [LARRY GREGORY [| se10 [ ovvorr2o06 | 12/31/2006 [23,443.00] anal [LARRY WOODS a 5645 | 01/01/2006 [ 12/31/2006 | 15,265.00 [LOUIE WELLER i. [~ seas _[owor2008 [12/31/2006 [1,200.00 JMATHEWHLEVINE “ 8437 | o1o1/2006 | 12/31/2006 | 18,722.00 iMATHEW OLK ] [seas [oror2006 [12/31/2006 [450.00 — jp : [MATTHEW DOMENICK [ETT se10 foro2006 [12/31/2006 [24,240.00 MICHAEL C TRADER | 5437 | 01/01/2006 | 12/31/2006 i= 6,925.00 jMICHAEL COX TT 6645 | 01/01/2006 | 12/31/2006 | 48,117.00] MICHAEL PLETENICK [seas [or01/2006 [12/31/2006 [800.00 MILAN JACHYMOVSKY 6474 | 01/01/2006 | 12/31/2006 | 28,928.00[ NATHANIEL J BOWEN [610 [oror2c06 [r2/1/2006 | 17,856.75|7 fowaiRAuRAY COSY or/or/2006 | 12/31/2006 | 4,805.00] * If the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shall be imputed to be the statewide average weekly wage as defined in s.440.12(2) F.S.multiplied by 1.5, (440.107(7)(e)). ** Premium multiplied by statutory factor of 1.5 whe Greater of penalty under column (g) or $1000. s440.107(d)(1) State of Florida, Department of Financial Services Division of Workers' Compe: .iion, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION INC Employee Name Imputed| ‘Class Period of Premium | Code Non-Compliance (d) x (e) [Paut BARRETT [esse 5645 “Fowo1/2006 12/31/2006 JPAULMCALEER Tseas Torvor2006 [t2/st2008 [79,780.40 [PETERCANKO. Por pear oror2008 | 12/31/2006 | 41,235.50 PETERTROESSOS™ [3348 [owor2o06 | 12/s1/2006 | 14,560.00: fPETRSEBEK SS [S610 fowor2008 [12/31/2006 [~ 17,350.00 JRICARDO D RODRIGUEZ | 8810 [owor2006 [1271/2008 [59,880.00 RICHARD GALLO “T sara” Pororzo06 [12/31/2006 | 21,537.50 RICHARD JOHNSON [5610 [otvo1/2008 [izstiz006 | 5,988.00 T se0s foro1/2006 | 12/31/2006 | 51,270.00 [ROBERT HERMAN GAY o1or/2006 | 12/31/2006 | 1,127.00 RODGER S wnvon [Trove [are 72/31/2008 | 11,712.50. JROGERCoRLIsS ——~S~S~sCSCSS« 8808 | 1/01/2006 | 12/31/2006 | 98,993.72 fROGERVOUNG ~~~ )~S«Y 8437 otvorr2ooe | 12/3172006 | 41,170.00 ROMEL RODRIGUEZ PTT Psaa7Torvotiacos [1273112006 | 41,526.00 JROsaporTAL ~*~) «YY 8810“ foworr2006 | 12e12006 | 9,098.75 RUSTAM MUKUMOR [TTT e610 Fowor2008 [12/31/2006 [864.00 ISEAN PEDERSEN [ET [seas Tororiz006 [12/31/2006 [22,712.25 [SHAABDULLA SHAALLIMOV TT aei8 “Porot2008 [12/3172006 | 12,981.00] [STAN SHAW [TT 6645 Potorv2006 [12/31/2006 | 50,805.55 i) [seas Powor200s [1212006 | 31,424.8 STEPHEN WITTINGTON [steve BARNES | 5645 | 01/01/2006 | 12/31/2006 | 2,712.50 STEVEN H PRINE be 01/01/2006 | 42/31/2006 | 7,245.00 |: ISULIEBEL MENDEZ 01/01/2006 = 12/31/2006 | 43,262.00 * If the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shall be imputed to be the statewide average weekly wage as defined in s.440.12(2) F.S.multiplied by 1.5, (440.107(7){e)). ** Premium multi ied by statutory factor of 1.5 *** Greater of penalty under column (g) or $1000. s440.107(d)(1) DWC Case No. XS 08-206-D5 > State of Florida, Department of Financial Services Te Division of Workers' Compe, ion, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION INC DWC Case No. __08-206-D5 le): proved Premium Penalty** Employee Name Imputed| Class Period of Code Non-Compliance aye ual’ FRate) (d) x © (f) x 1.5 I HOMAS BARTAK 5645 01/01/2006 | 12/31/2006 | 9,600.00 HOMAS KOEHCBICHLER | 8645 [01/01/2006 [12/31/2006 [1,060.00 $645 [01/01/2006 | 12/31/2006 { 12,840.23], [5645 {01/01/2006 | 12/31/2006 | 15,060.46 |, 5645 01/01/2006 | 12/31/2006 | 41,902.24 |: 5437 | 01/01/2006 [12/s172006 | [38,070.00 [THOMAS MANN ~ [TONY TRIZARRY [VERNON STERLING a aie IT ZVOLSKY | | [WILLIAM PORTAL Jwitiam STEWART ILUIAN ARNDT froetvys CABRERA : | 5437 ” 01/01/2006 ; 12/31/2006 44,905.35. 5645 [01/01/2006 [12/31/2006 | 46,983.63 9645 [01/01/2006 | 12/31/2006 | 19,693.75 0101/2006 | 12/31/2006 | 19,701.00 5474 [ovor/2007 | 12/31/2007 | 38,658.51 | saza’ [owow2007 | 12/31/2007 | 2,133.00 [ANTHONY MGRAHM BEN K ROBINSON i | se10 [oror/o07 [42rst2007 [ 4.747.50f) IBERCHAN H DEL SOL IBURTON D BASSETT p EP T5648 [owor2007 [12/31/2007 | 13,049.50 f- Lata it ante ae nee ne ICARLOSRMENDEZ |< | 7218 ~| ow/01/2007 | 12/31/2007 | 10,467.00 [CHARLES BROCKNER [8474 | o1o12007 [12/31/2007 | 19,950.26 [8645 [orova007 [1203172007 | 65,176.81], CHRISTOPHER D SOW | 8437. | 01012007 [12/31/2007 | —_455.00f, [COREY ORR Ce 7219 | 0Wo1/2007 | 12/31/2007 | 40,034.61 JDALE E INGALLS TT sava [ororizo07 [1231/2007 [1,799.50 [DAVID DE YOUNG Porota007 [12st72007 | 6,352.00] oro12007 | 12/31/2007 | 32,072.00} ororz007 | 12/31/2007 | 6,184.00 If the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shail be imputed to be the statewide average weekly wage as defined in s.440.12(2) F.S.multiplied by 1.5, (440.107(7)(e)). {CHRIS RILEY IOMITRI LEBEDEV [DREW IMPERIAL * ek Premium muitiplied by statutory factor of 1.5 *** Greater of penalty under column (g) or $1000. s440.107(d)(1) State of Florida, Department of Financial Services Division of Workers' Compe. tion, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION ING DWC Case No. 08-206-D5 jails are it “e) ; Employee Name imputed} Class Period of : s+ Premium Penalty** | Code Non-Compliance ‘Payrol : ye (d) x (e) (f) x 1.5 [7219 fororr2007 | 1z/st2007 [15,487.00 | 8610 fotoweo07 Przsto07 | 2,292.00; [seas owor2007 | 12/31/2007 [39,400.25 FELIX AGUIAR r ml 5645 | 01/01/2007 | 12/31/2007 | 9,860.00 [FREDCJOHNSON = 0101/2007 | 12/31/2007 | 3,128.99 JSEORGE ADAMS ——~—~—~*&YS« 648 ‘Povvorrz007 | 12a1/2007 {3,720.00 [HUGH O'BRIAN FENTON ia ae 01/01/2007 | 12/31/2007 | 32,219.50]. [ASONRKLATT CS 5645 | o1or/2007 | 12/31/2007 | 45,776.91 JOHN E KANE 5610 | 01/01/2007 [12/31/2007 | 5,924.00 [loHNP WOODSON 5610 | 01/01/2007 [42/31/2007 | 15,050.00 PORGELARREA——~—~—~«&)~S~S«Y S648 | 1/01/2007 | t2rst2007 | 52,788.00) [ULIO CESAR CHOJOLAN | | se10 fowot/2007 [a2rsi/2007 | 23,856.00 |KAMIL KSIAZEK [T6610 Poworco7 [123172007 | 9,942.50] KYLE OHEARN ee P5437 fowotzo07 | 12/31/2007 | 33,448.57 [DREW T ALLARD EDWIN MENDEZ ERNESTO FUENTES |ARRYGREGORY =) ~S«Y S810: 0101/2007 | 12/31/2007 | 10,773.75 [LARRY WOOD [ 0) | 8845 | o1owzo07 [1231/2007 [1,155.00 LEONARD JKISLAVAGE =|) | 5845 | 01/01/2007 | 12/31/2007 | 18,228.00 [MALCOM B DRAPER PO saa Torrerz00r [1213172007 | 760.00 [MARCUS FISCHER PTT aes | 12st2007 [5,175.00) |MARIUSGMEINER—s«([ (8437 | 01/01/2007 | 12mai/2007 | 6,375.00 |MATHEWHLEVINE 6437 | 01/01/2007 [ 12/31/2007 | 41,140.00 [MICHAEL C TRADER 8437 | 0101/2007 [12/31/2007 | 425.00], fMIcHAEL COX | 8645 | owot2007 | 12/31/2007 [12,160.00 * — If the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shall be imputed to be the statewide average weekly wage as defined in s.440.12(2) F.S.multiplied by 1.5, (440.107(7)(e)). ** Premium multiplied by statutory factor of 1.5 *** Greater of penalty under column (g) or $1000. s440.107(d)(1) State of Florida, Department of Financial Services Division of Workers' Compe. _ .tion, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION INC erage that:meets:th {b) aye 0) g@) | Employee Name imputed} Class Period of ‘| Column(c)| Approved. | Premium Penalty** Code Non-Compliance -.. |Manual Rate} = = a aa ad 2 sareots snr ROS sou — {viLAN JACHYMOVSKY | i” 5474 01/01/2007 { 12/31/2007 in 29,268.01 | [MIROSLAV CRHAK | 5610 | 01/01/2007 i 12/31/2007 16,357.50 NATHANIEL J BOWDEN [~se10°” [ororzo07 [12/31/2007 | 17,889.01 [OLIVER JACHYMOVSKY | 9610 ,o1/01/2007 | 12/31/2007 [960.00 [PATRICK O WESCOTT save [orvorra0o7 | 12/31/2007 | 1,962.50 |PAUL MCALEER rT seas Poror2007 | 12/1/2007 | 41,764.92 |PETER CANKO i 8437 | o1/01/2007 | 12/31/2007 | 41,300.00 jPETR ZUNT | JRICARDO M MONTEJO ime I 5610 | 01/01/2007 | 12/31/2007 | 23.160.00 7 [8645 [owowa0a7 | 12/31/2007 | 13,634.00 RICARDO RODRIGUEZ | [sai Poroweoo7 [12312007 | 875.00 | RIGHARDGALLOSCOsT 5474 | o1/o1/2007 | 12/31/2007 | 10,488.00, RICHARD JOHNSON [LTT seo Potor2007 [42/1/2007 [13,723.25 JROGER CORLISS [TT e608 Potor2007 [12/31/2007 [40,650.47 tent ntantentanannr Batts ei omen inte pinaster JROGER YOUNG if : 5437 | 01/01/2007 12/31/2007 T 6,657.33 JROMEL RODRIGUEZ [TT set0” Toror2007 [122007 JROSA PORTAL [TTT eai0Poror2007 [12/31/2007 JROTISLAV STRELICKY [FT se10 Tovor2o07 | 12/31/2007 | 4,840.00} [SEAN PEDERSON i 5645 | ovoweo07 | 12/31/2007 | 34,693.00 [STANSHAW 5645 | 01/01/2007 | 12/31/2007 | 45,611.40 5645 | o1/or/2o07 | 12/31/2007 | 11,316.00 Totrovaoo7 [12/31/2007 [~ 9,969.00 o1ow2007 | 12/31/2007 | 47,587.80 [8645 forow2o07 [12/31/2007 | 58,089.64 If the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shall be imputed to be the statewide average weekly wage as defined in s.440.12(2) F.S.multiplied by 1.5, (440.107(7)(e)). \VERNON STERLING SLLIAM K HOLMSTEN jwituiam PORTAL [wiLuiaM STEWART * ee Premium multiplied by statutory factor of 1.5 *** Greater of penalty under column (g) or $1000. s440.107(d){1) DWC Case No. 08-206-D5 “IS State of Florida, Department of Financial Services Division of Workers’ Compe. _.tion, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION INC DWC Case No. “NS 08-206-D5 ‘age that meets. the. req lirements:of Chapte: “440, FS and the-Insurance | Code. (a) {b) ( : @ Employee Name imputed| Class Period of Gross n ved Premium Code Non-Compliance Payre ay (d) x (e) WILLIAM TURNER “5645 [oroweo07 [12312007 , poe coeem || Jaton [aia | ae [aMESPBEYER | [s6i0 | tonaraoo7 [12/31/2007 [~ 18,395.48 [ANTHONY GRAHAM MAWBY ae [sara Tovotrzo08 | o6r2si2008 [14,732.64] CARLOS R MENDEZ [vate [orvor/2008 [oa/252008 | 16,064.93 CHARLES BROCKNER i] sara [ovore0ce (06/25/2008 8,682.00 [CHRIS RILEY a “5645 | 01/01/2008 | 06/25/2008 | 13,466.57 [COREY ORR | 7219 [01/01/2008 [osr2sr2008 [~ 13,815.03 IDAVID DE YOUNG 5606 01/01/2008 | 06/25/2008 5,585.62 i aoe epee a sonnets jPMITRI LEBEDEV = Ty] 5610 | 01/01/2008 | 06/25/2008 i 15,831.00 [DREWT ALLARD ITP zai9 Povorz008" oer25/2008 [ 9,933.00 ERNESTO FUENTES TT seas Totiotzc08 [06/25/2008 | 16,917.37] eee erence fHucH O'BRIAN FENTON | . 5610 “T 01/01/2008 3 | 06/25/2008 14,018.75 UncONB LAIR ar reer eaapaa sont NASON R KUATT rt | 5645 01/01/2008 | 06/25/2008 18,110.76 f° ho a ra O19 T pzooe [ oesiz008 | 5 59: JOHN SIMPSON ca J 7219 01/01/2008 } 06/25/2008 } 6,592.88 GORGE LARREA [TI] seas Torvora0ce | 06/25/2008 | 23,685.00 DULIOCESAR CHOJOLAN [= S610 [01/01/2008 [o6r26/2008 | 12,468.75 | [KAMIL KSIAZEK [TTP e610 Toworr2008 fosr2s/2008 [13,170.00 |YLEOHEARN aan 5437 | 01/01/2008 | 06/25/2008 172,691.50 [ARRY Woop 3645 [01/01/2008 [ 06/28/2008 | 4,638.00 MATHEW ATEVINE [|r fovonoos [osresr2008 [12,996.00 WMILAN JACHYMOVSKY o1/01/2008 | 06/25/2008 | 13,766.00 [PETER CANKO | 5437 ].01/01/2008 | 06/25/2008 | 19,869.00 * If the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shall be imputed to be the statewide average weekly wage as defined in s.440. 12(2) F.S.multiptied by 1.5, (440.107(7)(e)). ak Premium multiplied by statutory factor of 1.5 *4* Greater of penalty under column (g) or $1000. s440.107(d)(1) State of Florida, Departr nt of Financial Services Division of Workers' Compe:._ ation, Bureau of Compliance Penalty Worksheet BUSINESS NAME: REDCO CONSTRUCTION INC DWC Case No. 08-206-D5 Period.of Code Non-Compliance Premium (d) x (e) RICHARD JOHNSON JROGER CORLISS ac errant a aneananne ROGER YOUNG T op 5437 | 01/01/2008 | 06/25/2008 | IROMEL RODRIGUEZ IROSA PORTAL ISEAN PEDERSON ss Towore008 | 06/26/2008 [832.00 8810 | 01/01/2008 (caaamoos | Ss071 [3645 Povorz008 [osr2sr2008 [~ 15,120.26 StansHaAW SS T5645 [orvov2008 [osr2sr2008 | 13,937.81 PWILLIAMPORTAL 5437 [01/01/2008 | 06/25/2008 | 16,343.00 [WILLIAM STEWART co 6645 | 01/01/2008 | [ osr2s/ao08 am 595.00 Part: vie * If the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shali be imputed to be the statewide average weekly wage as defined in s.440.12(2) F.S.multiptied by 1.5, (440.107(7)(e)). ** Premium multiplied by statutory factor of 1.5 *** Greater of penalty under column (g) or $1000. s440.107(d)(1) a EEEEEEament Page 11 of 11 i 2: 28: °$1,326,773.10 © REPRESENTING ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA May 5, 2009 Redco Construction, Inc. 613 Simonton Street Key West, Florida 33040 Anton J. Rettenwander 5624 Third Avenue Key West, Florida 33040 Re: DWC Case No. 08-206-D5 Dear Mr. Rettenwander: This is to advise you that the Department of Financial Services (“the Department”) is affording you an opportunity to request a Section 120.57(2), Florida Statutes, proceeding regarding the above-referenced matter. : . On June 25, 2008, a Stop-Work Order of Penalty Assessment was served on Redco Construction, Inc. After the Department calculated the penalty, an Amended Order of Penalty Assessment was served on Redco Development, Inc., on December 17, 2009. Redco Development, Inc., then filed a petition for a formal hearing, which was forwarded to the Division of Administrative Hearings (“DOAH”) on January 22, 2009. Redco Development, Inc., did not respond to the Administrative Law Judge’s Order Directing Response. As a result, the Administrative Law Judge entered an Order Relinquishing Jurisdiction and Closing File, and jurisdiction over this matter was relinquished to the Department. Since the above referenced matter was closed at DOAH before arguments could be made regarding the application of law, the Department is in a posture to offer you an informal proceeding pursuant to Section 120.57, Florida Statutes. However, the sole purpose of an informal proceeding is to permit you to explain why you believe the Division of Workers’ Compensation misapplied the workers’ compensation law. Please note that pursuant to controlling statutes, any arguments regarding the hardship in paying the penalty or other extenuating circumstances cannot be considered in determining the monetary amount of the penalty. FLORIDA DEPARTMENT OF FINANCIAL SERVICES Douglas D. Dolan « Assistant General Counsel Division of Legal Services « Workers' Compensation Section - 200 E. Gaines St. # Tallahassee, FL 32399-4229 e Tel. 850-413-1606 » Fax 850-922-7270 Email © Douglas.Dolan@myfloridacfo.com Affirmative Action « Equal Opportunity Employer EXHIBIT D If, understanding the limitations on what can be considered in an informal proceeding, you still desire such a proceeding, please submit your request within twenty-one (21) days of the date of this letter. If a response is not received within that time, it will be assumed that you do - not want an informal proceeding and a Final Order will be entered based upon the Amended Order of Penalty Assessment served upon you on January 22, 2009. If you have any questions regarding your right to a hearing, please do not hesitate to contact me. Wiarbolol. Douglas D. Dolan Assistant General Counsel Enclosure

Docket for Case No: 09-000362

Orders for Case No: 09-000362