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DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs FOREVER FLOORS AND MOORE, INC., 15-003944 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003944 Visitors: 33
Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION
Respondent: FOREVER FLOORS AND MOORE, INC.
Judges: LAWRENCE P. STEVENSON
Agency: Department of Financial Services
Locations: Jacksonville, Florida
Filed: Jul. 15, 2015
Status: Closed
Recommended Order on Wednesday, October 28, 2015.

Latest Update: Jul. 29, 2016
Summary: At issue in this proceeding is whether the Respondent, Forever Floors and More, Inc. ("Forever Floors"), failed to abide by the coverage requirements of the Workers' Compensation Law, chapter 440, Florida Statutes by not obtaining workers' compensation insurance for its employees, and, if so, whether the Petitioner properly assessed a penalty against the Respondent pursuant to section 440.107, Florida Statutes.The Department established by clear and convincing evidence that Respondent, a company
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FI LED

AN 2 2 2016

Docketedby M


CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA


IN THE MATTER OF:


FOREVER FLOORS AND MORE, INC.


CASE NO.: 15-106-D 1- WC


FINAL ORDER


THIS CAUSE came for consideration and final agency action on the Recommended Order issued on October 28, 2015. After review of the record, including testimony and admitted exhibits, and being otherwise fully apprised in all material premises, the administrative law judge's findings of fact, conclusions of law, and recommendation are adopted in full.

Accordingly, a $23,538.34 penalty is imposed against Forever Floors and More, Inc. ("Forever Floors") for its failure to secure workers' compensation coverage as provided in the Amended Order of Penalty Assessment. Forever Floors shall also comply with the Agreed Order of Conditional Release from Stop-Work Order.

DONE and ORDERED this Z t day of , 2016.


C 4 4 J , k

Robert C. Kneip

Chief of Staff


Filed July 29, 2016 9:50 AM Division of Administrative Hearings



NOTICE OF RIGHT TO APPEAL


A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9. 190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d), and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.


Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Julie Jones, DFS Agency Clerk, Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. The facsimile number is (850) 488-0697. The email address is Julie.Jones@myfloridacfo.com.


Copies furnished to:


Christopher Bohren, President, Forever Floors and More, Inc. Trevor S. Suter, Esq., Attorney for the Department



CHIEF FINANCIAL. OFFICER

JEFF ATWATER

STAFF OF FLORIDA


MEMORANDUM


TO: Robert C. Kneip Chief of Staff


FROM : Jeff Atwater

Chief Financial Officer


DATE: June 12, 2014


SUBJECT: Delegation of Authority


I hereby authorize Drew Parker, General Counsel, in your absence or when you're not available, to approve and sign the capitol complex and non-complex access card applications, to sign

contracts, enter Final Orders, including Consent Orders, issue licenses on my behalf in my capacity as Chief Financial Officer, and to sign all documents in all proceedings arising in connection with the activities of the Department of Financial Services, effective June 9, 2014.


This authorization shall be in full force and effect until such time as I revoke it in writing. All previous delegations forPK Jameson are hereby revoked.

Sincerely


cc: Drew Parker John Hale


FLORIDA DEPARTMENT OF FINANCIAL SERVICES

THE CAPITOL, TALLAHASSEE, FLORIDA 32399- 0301 • (850)413-2850 c Fax (850)413-2950


Docket for Case No: 15-003944
Issue Date Proceedings
Jul. 29, 2016 Agency Final Order filed.
Oct. 28, 2015 Recommended Order (hearing held September 18, 2015). CASE CLOSED.
Oct. 28, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 19, 2015 Petitioner's Proposed Recommended Order filed.
Oct. 07, 2015 Transcript of Proceedings (not available for viewing) filed.
Sep. 18, 2015 CASE STATUS: Hearing Held.
Sep. 10, 2015 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 09, 2015 Department's Notice of WItnesses and Exhibits filed.
Jul. 23, 2015 Order of Pre-hearing Instructions.
Jul. 23, 2015 Notice of Hearing by Video Teleconference (hearing set for September 18, 2015; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Jul. 23, 2015 (Petitioner's) Agreed Response to Initial Order filed.
Jul. 16, 2015 Initial Order.
Jul. 15, 2015 Amended Order of Penalty Assessment filed.
Jul. 15, 2015 Stop-work Order filed.
Jul. 15, 2015 Request for Administrative Hearing filed.
Jul. 15, 2015 Agency referral filed.

Orders for Case No: 15-003944
Issue Date Document Summary
Jan. 21, 2016 Agency Final Order
Oct. 28, 2015 Recommended Order The Department established by clear and convincing evidence that Respondent, a company engaged in the construction industry, failed to obtain workers' compensation coverage for its employees during the penalty period.
Source:  Florida - Division of Administrative Hearings

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