FILED 5 b, SEP 23 2009 Chief Financial Officer ALEX SINK 21/9 SEP 2y Dp 1: Bgereted by: CHIEF FINANCIAL OFFICER STATE OF FLORIDA runt IN THE MATTER OF: BEBEE ROOFING, INC. Case Number: 09-047-D7-09-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. 09-047-D7-09-WC, and being otherwise fully advised in the premises, hereby finds that: 1. On February 23, 2009, 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. 09-047-D7-09-WC to BEBEE ROOFING, INC. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein BEBEE ROOFING, 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 February 23, 2009, the Stop-Work Order and Order of Penalty Assessment was served by personal service on BEBEE ROOFING, 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. On February 25, 2009, the Department issued an Amended Order of Penalty Assessment in Case No. 09-047-D7-09-WC to BEBEE ROOFING, INC. The Amended Order of Penalty Assessment assessed a total penalty of $86,762.54 against BEBEE ROOFING, INC. The Amended Order of Penalty Assessment included a Notice of Rights wherein BEBEE ROOFING, 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. 4. On February 25, 2009, the Amended Order of Penalty Assessment was served by personal service to BEBEE ROOFING, INC. A copy of the Amended Order of Penalty Assessment is attached hereto as “Exhibit B” and incorporated herein by reference. 5. On March 12, 2009, BEBEE ROOFING, INC. filed a petition for administrative review with the Department. The petition for administrative review was forwarded to the Division of Administrative Hearings on March 27, 2009, and the matter was assigned DOAH Case No. 09-1604. 6. On August 25, 2009, BEBEE ROOFING, INC. filed a motion with the Division of Administrative Hearings requesting cancellation of the hearing. 7. On August 26, 2009, the Administrative Law Judge issued an Order Relinquishing Jurisdiction and Closing File which relinquished jurisdiction to the Department for final agency action. A copy of the Order Relinquishing Jurisdiction and Closing File is attached hereto as “Exhibit C” and incorporated herein by reference. FINDINGS OF FACT 8. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on February 23, 2009, and the Amended Order of Penalty Assessment issued on February 25, 2009, which are fully incorporated herein by reference, are hereby adopted as the Department’s Findings of Fact in this case. CONCLUSIONS OF LAW 9. Based upon the Findings of Fact adopted herein, the Department concludes that BEBEE ROOFING, 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 10. 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 as set forth herein. IT IS THEREFORE ORDERED that: a. BEBEE ROOFING, INC. shall immediately pay the total penalty of $86,762.54 in full to the Department of Financial Services for deposit into the Workers’ Compensation Administration Trust Fund and; b. BEBEE ROOFING, INC. shall immediately cease all business operations in the State of Florida unti! 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 BEBEE ROOFING, INC. has come into compliance with the coverage requirements of Chapter 440, Florida Statues and has paid a total penalty of $86,762.54 to the Department. DONE and ORDERED this_22°™ day of _Szsemnbouc 2009. BRIAN LO 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 Florida Rule of Appellate Procedure 9.110. Review proceedings must be instituted by filing a Notice of Appeal with Tracey Beal, DFS Agency Clerk, Department of Financial Services, Room 612 Larson Buildin; rf 200 East Gaines Street, Tallahassee, Florida, 32399-0390 and a copy of the Notice of Appeal, a copy of this Order and filing fee with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order. COPIES FURNISHED TO: MARIA SEIDLER FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS’ COMPENSATION BUREAU OF COMPLIANCE 2295 VICTORIA AVENUE, SUITE 163 FORT MYERS, FLORIDA 33901 BEBEE ROOFING, INC. C/O JOHN MIDDLETON, ESQ. 303 STATE ROAD 26 MELROSE, FLORIDA 32666 PAIGE SHOEMAKER FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES 200 EAST GAINES STREET | TALLAHASSEE, FLORIDA 32399-4229

Docket for Case No: 09-001604

Orders for Case No: 09-001604