FILED

SEP2620t8

Chief Finan ' l ffic r

_ticketed by

J T - CHIEF FINANCIAL OFFICER

JIMMY PATRONIS

STATE OF FLORIDA

DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION,

DOAH CASE NO.: 17-6447

Petitioner, DFS CASE NO.: 17-210-1A-WC

V.

GREGG CONSTRUCTION "LLC",

Respondent.

FINAL ORDER

THIS CAUSE came on for consideration of and for final agency action on a Recommended Order.

After reviewing the record, including all testimony and admitted exhibits, considering applicable law, and otherwise being fully apprised in all material premises, the Recommended Order is hereby adopted, except as modified below.

1. "LLC" is added to the caption to correctly identify Respondent in accordance with the,evidence presented at hearing. The omission of "LLC" is not based upon competent substantial evidence. See, e.g., Petitioner' s Ex. 3.

2. Findings of Fact paragraph 3 is modified to replace "corporation" with "limited liability company" to conform with the evidence presented at hearing. The use of the word " corporation" is not based upon competent substantial evidence. See, e.g., id.

   
   

   Filed September 27, 2018 8:45 AM Division of Administrative Hearings

   
   

   
   

3. Findings of Fact paragraph 4 is modified to replace "June 15, 2017" with May 10, 2017". The date replaced is not based upon competent substantial evidence. See Hearing Transcript at p. 28,11.6-9; Petitioner's Ex. 6.

4. Findings of Fact paragraph 9 is modified to replace "May 10, 2015, through May 11, 2017" with "May 11, 2015, through May 10, 2017". The dates replaced are not based upon competent substantial evidence. See Petitioner's Ex. 7.

5. Findings of Fact paragraph 14 is modified to replace "December 31, 2017" with December 31, 2015" and "June 10, 2017" with May 10, 2017". The dates replaced are not based upon competent substantial evidence. See Petitioner's Ex. 15.

6. Conclusions of Law paragraph 22 is modified by deleting the following: "Strict compliance with the Workers' Compensation Law is required. See C&L Trucking

v. Corbitt, 546 So. 2d 1185, 1186 (Fla. 5th DCA 1989)." The deletion is as or more reasonable than the language deleted because the deleted case citation does not support the deleted proposition, and the deleted proposition is not necessary to the Recommended Order.

Accordingly, Gregg Construction "LLC" is assessed a penalty of $9,785.50 for failing to secure and maintain required workers' compensation insurance.

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:

Gregg Construction, LLC Leon Melnicoff

c/o William Gregg, Manager Senior Attorney

166 Big White Oak Lane Department of Financial Services

Crawfordville, Florida 32327 Tallahassee, Florida 32399-0333

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Docket for Case No: 17-006447

Orders for Case No: 17-006447