Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION
Respondent: NORTHLAKE MOBILE ENTERPRISES, INC. (15-136-D2); MB FOOD AND BEVERAGE, INC. (15-137-D2); CONGRESS VALERO, INC. (15-138-D2); HENA ENTERPRISES, INC. (15-139-D2); HAYMA ENTERPRISES, INC. (15-140-D2); AND BLUE HERON BP, INC. (15-141-D2), ET AL.
Judges: MARY LI CREASY
Agency: Department of Financial Services
Locations: West Palm Beach, Florida
Filed: Jan. 22, 2016
Status: Closed
Recommended Order on Thursday, June 16, 2016.
Latest Update: Jun. 06, 2017
Summary: Whether Respondents violated the provisions of chapter 440, Florida Statutes, by failing to secure the payment of workers' compensation coverage, as alleged in the Stop-Work Orders, and, if so, what penalty is appropriate.Respondents violated the requirement in chapter 440 to secure workers' compensation coverage. Recommend penalty assessments in the total amount of $53,503.44.
KM BH C364e in 319-20160921120455
FILED
SEP 2 1 2016
Chief Fin.:,f2W:
Docketed by: - CHIEF FINANCIAL OFFICER
JEFF ATWATER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION,
vs.
Petitioner, DOAH CASE NOS.
16-0355
16-0361
16-0362
16-0364
NORTHLAKE MOBILE ENTERPRISES, INC. (15-136-D2); MB FOOD AND BEVERAGE, INC. (15-137-D2); CONGRESS VALERO, INC. (15-138-D2); HENA ENTERPRISES, INC. (15-139-D2); HAYMA ENTERPRISES, LLC. (15-140-D2);
AND BLUE HERON BP, LLC. (15-141-D2), ET AL.,
16-0365
16-0367
Respondents.
- - - - - - - - - - - - - - - - I
FINAL ORDER
THIS CAUSE came on for entry of a final order. The Recommended Order finds Respondents failed to secure workers' compensation insurance as required by law, and concludes the Department should impose a penalty on each Respondent as calculated by the Department in the respective Amended Order of Penalty Assessment, issued pursuant to section 440.107, Florida Statutes, in January 2016. None of the parties filed exceptions to the Recommended Order.
The Recommended Order is adopted in full.
Accordingly, Northlake Mobile Enterprises, Inc., is assessed a penalty of $1, 367.06; MB Food and Beverage, Inc., is assessed a penalty of $9,687.00; Congress
Filed September 22, 2016 8:00 AM Division of Administrative Hearings
Valero, Inc., is assessed a penalty of $12,651.42; Hena Enterprises, Inc., is assessed a penalty of $18,508.88; Hayma Enterprises, LLC, is assessed a penalty of $7,257.48; and Blue Heron BP, LLC, is assessed a penalty of $4,031.60. Each Respondent must, within
30 days, remit payment of the penalty to the Department, or execute a payment agreement with the Department to pay the penalty by installments.
DONE and ORDERED this §Jsf day of ,3ep 16.
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 9.1 lO(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:
Frank J. Blarney, Counsel for Respondents Bull and Blarney, LLP
Suite 101-B
4524 Gun Club Road
West Palm Beach, Florida 33415
Tabitha Harnage for the Department 200 East Gaines Street
Tallahassee, Florida, 32399-4229
Mary Li Creasy, Administrative Law Judge 1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Docket for Case No: 16-000355
Issue Date |
Proceedings |
Jun. 06, 2017 |
BY ORDER OF THE COURT: the above-styled case is dismissed for lack of prosecution.
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May 17, 2017 |
BY ORDER OF THE COURT: appellant to show cause whey the case should not be dismissed for lack of timely procecution.
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Apr. 06, 2017 |
BY ORDER OF THE COURT: appellant's motion for enlargment of time is granted.
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Mar. 31, 2017 |
Appellant's Motion for Enlargement of Time to File Initial Brief filed.
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Mar. 21, 2017 |
BY ORDER OF THE COURT: appellant is directed to show cause why this case should not be dismissed.
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Feb. 02, 2017 |
Record on Appeal Transcript of Hearing filed.
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Feb. 02, 2017 |
Record on Appeal filed.
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Jan. 17, 2017 |
Receipt of Appeal Fee Payment filed.
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Jan. 17, 2017 |
Notice of Appearance (Tabitha G. Harnage).
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Jan. 05, 2017 |
Acknowledgment of New Case, Fourth DCA Case No. 4D17-0015 filed.
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Jan. 05, 2017 |
BY ORDER OF THE COURT: the $300 filing fee did not accompany the notice as required by the rules.
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Jan. 03, 2017 |
Documents filed with the Fourth District Court of Appeal filed.
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Jan. 03, 2017 |
Documents filed with the Fourth District Court of Appeal filed.
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Dec. 27, 2016 |
Notice of Appeal filed.
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Sep. 22, 2016 |
(Agency) Final Order (filed in Case No. 16-00355).
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Sep. 22, 2016 |
(Agency) Final Order (filed in Case No. 16-000361).
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Sep. 22, 2016 |
(Agency) Final Order (filed in Case No. 16-00362).
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Sep. 22, 2016 |
(Agency) Final Order (filed in Case No. 16-000364).
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Sep. 22, 2016 |
(Agency) Final Order (filed in Case No. 16-000365).
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Sep. 22, 2016 |
(Agency) Final Order (filed in Case No. 16-000367).
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Sep. 22, 2016 |
Agency Final Order (filed in Case No. 16-000367).
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Jul. 13, 2016 |
Notice of Appeal filed.
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Jun. 16, 2016 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Jun. 16, 2016 |
Recommended Order (hearing held April 6, 2016). CASE CLOSED.
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May 25, 2016 |
Notice of Unavailability and Absence from the Jurisdiction for June, 2016, filed.
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May 24, 2016 |
Order Granting Department's Motion to Strike Respondents' Proposed Recommended Order.
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May 20, 2016 |
Department's Motion to Strike Respondents' Proposed Recommended Order filed.
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May 20, 2016 |
Respondents' Proposed Recommended Order filed.
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May 18, 2016 |
Department's Proposed Recommended Order filed.
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Apr. 28, 2016 |
Transcript of Proceedings (not available for viewing) filed. |
Apr. 06, 2016 |
CASE STATUS: Hearing Held. |
Apr. 05, 2016 |
(Respondent's) Motion to Continue Administrative Hearing filed.
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Apr. 01, 2016 |
Department's Proposed Exhibit List filed (exhibits not available for viewing). |
Mar. 31, 2016 |
Joint Pre-hearing Stipulation filed.
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Mar. 31, 2016 |
Department's Witness List filed.
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Mar. 31, 2016 |
Petitioner's Notice of Filing Proposed Exhibit and Witness Lists filed.
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Feb. 09, 2016 |
Department's Notice of Taking Telephonic Deposition (of Nazma Akter) filed.
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Feb. 05, 2016 |
Notice of Hearing by Video Teleconference (hearing set for April 6, 2016; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
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Feb. 05, 2016 |
Order of Pre-hearing Instructions.
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Feb. 01, 2016 |
Department's Agreed Response to Initial Order filed.
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Jan. 27, 2016 |
Order of Consolidation (DOAH Case Nos. 16-0355, 16-0361, 16-0362, 16-0364, 16-0365, 16-0367).
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Jan. 22, 2016 |
Initial Order.
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Jan. 22, 2016 |
Amended Order of Penalty Assessment filed. |
Jan. 22, 2016 |
Request for Production of Business Records for Penalty Assessment Calculation filed.
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Jan. 22, 2016 |
Stop-work Order filed. |
Jan. 22, 2016 |
Request for Administrative Hearing filed.
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Jan. 22, 2016 |
Department's Motion to Consolidate filed.
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Jan. 22, 2016 |
Agency referral filed.
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Orders for Case No: 16-000355