t FILED

MAR 15 2012

Chief Financial Officer

Docketed by: l.O,ffl

00 0 3 0 6

REPRESENTING

CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

IN THE MATTER OF:

Case No.: 11-110-lA-WC

LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA

FRAMING CONTRACTOR, INC

:/

FINAL ORDER

THIS PROCEEDING came on for final agency action and Jeff Atwater, Chief Financial Officer of the State of Florida, or his 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, and being otherwise fully advised in the premises, hereby finds that:

1. On April 1, 2011, 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. 11-110-lA to LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, 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 Section 120.569 and 120.57, Florida Statutes.

2. On April 1, 2011, the Stop-Work Order and Order of Penalty Assessment was personally served on LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, 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 April 19, 2011, the Department issued an Amended Order of Penalty Assessment in Division of Workers' Compensation Case No. 11-110-lA to LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC. The Amended Order of Penalty Assessment assessed a total penalty of $12,985.36 against LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC.

4. On April 29, 2011, the Amended Order of Penalty Assessment was personally served on LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC. A copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.

5. LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC failed to answer the Stop-Work Order and Order of Penalty Assessment and the Amended Order of

Penalty Assessment or request a proceeding in accordance with Sections 120.569 and 120.57, Florida Statutes.

FINDINGS OF FACT

The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on April 1, 2011, and the Amended Order of Penalty Assessment issued on April 19, 2011, which are fully incorporated herein by reference, are hereby adopted as the Department's Findings of Fact in this case.

CONCLUSIONS OF LAW

Based upon the Findings of Fact adopted herein, the Department concludes that LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA

CORPORATION AND LA FRAMING CONTRACTOR, 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

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:

1. LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC

   
   

   shall immediately pay the total penalty of $12,985.36, in full, to the Department of Financial Services for deposit into the Workers' Compensation Administration Trust Fund;and

   
   

2. LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, 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 Amended Order of Penalty Assessment. The Department shall not issue an Order releasing the Stop-Work Order and Amended Order of Penalty Assessment until LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC has come into compliance with the coverage requirements of Chapter 440, Florida Statutes and has paid a total penalty of $12,985.36 to the Department.

DONE AND ORDERED on this day of L{'rb.Ac\11 , 2012.

•

Director, Workers' Compensation

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 Julie Jones, DFS Agency Clerk, Department of Financial Services, Room 612 Larson Building, 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.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U.S. Mail to Lynda Aguayo; dba, LA Framing Contractor, Inc., a dissolved Florida Corporation and LA Framing Contractor, Inc, 4942 County Highway 181-C, Ponce De Leon, Florida 32455, on this

\.S--day of '--f'OCJ\clv , 2012.

·    '6ls,,/V'-l?_

Paige S maker

Florida Bar No. 143022 Assistant General Counsel Department of Financial Services Division of Legal Services

200 E. Gaines Street Tallahassee, FL 32399-4229

850 413-1606

850 413-1978 (fax)

COPIES FURNISHED TO:

Lynda Aguayo, dba, LA Framing Contractor, Inc., a dissolved Florida Corporation and LA Framing Contractor, Inc

4942 County Highway 181-C Ponce De Leon, Florida 32455

Robert Borden

103-A Lewis Street

Fort Walton Beach, Florida 32547

Paige Shoemaker

Department of Financial Services Division of Legal Services

200 East Gaines Street Tallahassee, Florida 32399-4229

I

EMPLOYER NAME: LYNDA AGUAYO, OBA, LA FRAMING CONTRACTOR, INC, a Dissolved STOP-WORK ORDER No.: 11-110-1A

Florida Corporation and LA FRAMING CONTRACTOR, INC

FEIN: 271162735

EMPLOYER ADDRESS: CITY: PONCE DE LEON

.

4942 COUNTY HIGHWAY 181C

STATE:

f ISSUANCE DATE:

04/19/2011

FL

ZIP: 324552952

STATE Or FLORIDA, DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION

AMENDED ORDER OF PENALTY ASSESSMENT

The Division of Workers' Compensation issued a Stop-Work Order in this case on 04/01/2011. The Stop-Work Order included an Order of Penalty Assessment that identified the penalties assessable under sections 440.1o and 440.107, F.S. The Division hereby amends the Order of Penalty Assessment based on the following penalties:

§

ailure to secure the payment of workers' comp s Uon within the meaning of section 440.107(2), F.S., by: 0failing to obtain coverage that meets the requirements of Chapter 440, F. s., and the Insurance Code;

materiallyunderstating or concealing payroll;

materially misrepresenting or concealing employee duties so as to avoid properclassification for premium calculations;

materially misrepresenting or concealing information pertinent to the computation an<I appllcatlon of an experience rating modification factor. ·

For such violation(s) the Employer is assessed a penalty of $12,985.36 (section 44O.1O7(7)(d), F.S.) as detailed in the attached

PENALTY WORKSHEET, which is incorporated herein by reference; . ·

!Conducting business ope tlons in violation of the Stop-Work Order as•detalled In the attached PENALTY WORKSHEET, which is Yncorporated herein by reference, for which the Employer Is assessed a penalty of $.00 (section 440.107(7)(c), F.S.);

!Misrepresenting the status of the employee(s) as an Independent contractor(s), as delailed on lhe attached PENALTY WORKSHEET, 4hichisincorporated herein by reference, for which the Employer Is assessed a penalty of $.00 (section 440.10(1 )(f), F.S.,).

It is hereby ORDERED that the Employer is assessed a TOTAL PENALTY of $12,985.36.

The penaltles aueased herein supersede any penalties previously assessed In this case. The Employar shall pay the TOTAL

PENALTY by money order or cashier's check, made payable to the DFS-Workers' C()nipensatlon Administration Trust Fund.

The Stop-Work Order issued in this case shall remain in effect untJ1 either (a) The Divisior. issues an order releasing the Stop-Work Order upon finding that the employer has ccime into compliance with the coverage requiremen'-9 of the wortcers' compensation law and pays the total penalty 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 Rule 69L-6.028, Florida Administrative Code, if the Division imputes the employer's payroll, the employer shall have twenty business days after service of the order assessing the penalty to provide business records sufficient for the Divisi9n to determine the employer's payroll for the period requested In the business records request for the calculation of the penalty. If sufficient business records are not provided within twenty business days after service of the order assessing the penalty, the calculation of the penalty imputing the employer's payroll will remain in effect.

LIEN NOTICE

Pursuant to Section 440.107(11), F.S., the Department may Initiate Hen 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 collectlon agency for the Initiation of proceedings to collect the unpaid penalty. ·

CERTIFICATE OF SERVICE

Pursuant to section 440.107(4), F.S., ROBERT BORDEN served a true copy of this Amended Order of Penalty Assessment:

� By hand delive,y:

By certified mail:

DATE: 1/-o?f--l/

DATE:

TIME: •b" .A.-7

SERVER: L       

ARTICLE:

...,,       

TIME:

October 2009

20

I

EXHIBIT

B        

Please see the Notice of Rights on the reserve side that pertains to your rights regarding this action.

•

NOTICE. UF 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 a hearing under Sections 120.569 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 er:ititled 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 pposition to this action. ·

A petition for a hearing under sections 120.569 and 120.61, florida Statutes, must conform to Rule 28-106.2015, Flor,ida Administrative Code. The petition shall contain a) the name, address,.,7nd 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 idel"'t.ifying those material facts that are in dispute. If there are none, the petition must. so indicate; d) a statement of wn [l the petltionerreceived 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 wifhin twenty-one (21) days of your rec!='iPt of this·agency action. The petition must be filed with Julie Jones, DFS Agency Clerk, Department of Financial Services, 61? Larson Building, 200 East Gaines Street,. Tallahassee, Flortda•32399-0390. FAILURE TO FILE A PETITION WITHIN THE TWENTY-ONE (21) DAYS CONSTITUTES A WAIVER OF YOUR RIGHT TO ADMtNISTRA TIVE REVIEW OF THE AGENCY ACTION;

r

Mediation under section 120.573, Florida·statutes, is not-available.

Division of Workers' Cqmpensation, Bureau of Compliance:· 103- A Lewis St. Fort Walton Beach, Florida 32547

Attn: Robert Borden

, Telephone: a'so 833 9048

ISSUING AGENCY NAME AND ADDRESS

January 3. 2006

Notice of Rights updated 4/15/2009

21

BUSINESS NAME:

SUCCESSOR:

State of Florida, Department of Financial Services Division of Workers' Compensation, Bureau of Compliance

1st Amended Order Of Penalty Assessment

LA FRAMING CONTRACTOR, INC

L & G FRAMING LLC

Page 1 of 2

..

DWC Case No. 11-110-1A

TOTAL PENALTY: $12,985.36

- Imputed

5645 05/17/2010

!. Imputed

::=: AWW

: ; Records

5645 12/03/2010

i.Imputed

i•

,ClAWW

•0 ..Records

- Vll" , h > ""'

5645

'"

Imputed

'''

01/01/2011

ir-1AWW

i '" ,,,

0 Records

•····-'

t1-:l AWW

, ...., ..

5645 03/25/2011

' Imputed

.!(!_-.,,,,,,R.,,,e.,.c..o,,,r. ds .. ,..,

.

, .. - · <.

5645 05/17/2010

; ,--..I AWW

.l,?'\ Records

* 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)

BUSINESS NAME:

Part 1. Penalty for failure to obtain coverage that meets the requirements of Chapter 440, F.S. and the Insurance Code•

(d)

PEDRO MORAN

• Imputed

C,AWW

,-.; Records

5645 12/03/2010 12/31/2010 i 4,859.7(

48.60

13.37'

649.741

974.61

5645 01/01/2011

•...

5645 03/25/2011

...

...

JOSE MANUEL RAMIREZ

Part 1 Penalty Sub-Totals: ***

SUCCESSOR:

State of Florida, Department of Financial Services Division of Workers' Compensation, Bureau of Compliance

1st Amended Order Of Penalty Assessment

LA FRAMING CONTRACTOR, INC L & G FRAMING LLC

Page 2 of 2

DWC Case No. 11-110-1A

TOTAL PENALTY: $12,985.36

* 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)

TOTAL PENALTY for Parts 1, 2, 3, 41 5: $12,985.36

Docket for Case No: 11-004504

Orders for Case No: 11-004504