Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION
Respondent: TARPON LIQUORS LLC
Judges: JOHN D. C. NEWTON, II
Agency: Department of Financial Services
Locations: Tampa, Florida
Filed: Jul. 23, 2019
Status: Closed
Recommended Order on Friday, January 3, 2020.
Latest Update: Jan. 03, 2020
Summary: Did Respondent, Tarpon Liquors LLC (Tarpon Liquors), timely request a hearing to contest the Amended Order of Penalty Assessment issued by Petitioner, Department of Financial Services, Division of Workers' Compensation (Division)?Tarpon Liquors proved its representative did not sign certified mail receipt for Amended Order of Penalty Assessment. Receipt only creates rebuttable presumption. Consequently, hearing request was timely.
SKM_368e21012611331FILED
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JAN 2 6 2021
Chief Fincrncial Officer
Docketed by :
CHIEF FINANCIAL OFFICER
JIMMY PATRONI·S
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION,
Petitioner,
v.
DOAH Case No.: 19-3961
DFS Case No.: 18-272-DJ-WC
TARPON LIQUORS LLC,
Respondent.
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FINALO RDER
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.
Accordingly, Tarpon Liquors LLC's request for a hearing is accepted as timely. DONE and.ORDERED this _Ji day of O,vb }J,lJ(t '\1-j , 20..2,J.
( \
Julie Jons
Deputy Chief Financial Officer
Filed February 3, 2021 2:20 PM 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 9.1lO(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 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
DFSAgenc Cle,rk•, mvfloridacfo.com.
Copies furnished to:
Lena Shea TarponLiquors LLC 4978 Edgewater Lane
Oldsmar, Florida 34677 lenashea75@gmail.com
Ronald Maniscalco Tarpon Liquors LLC 1421 Pine Island Court
Punta Gorda, Florida 33950 keylargoron@gmail.com
Leon Melnicoff Senior Attorney
Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333
Leon.Melnico:ff@myfloridacfo.com
John D. C. Newton, II Administrative Law Judge
Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399•3060
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- MAILED
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Docket for Case No: 19-003961
| Issue Date |
Proceedings |
|
Feb. 03, 2021 |
Final Order filed.
|
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Feb. 03, 2021 |
Agency Final Order filed.
|
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Feb. 03, 2021 |
Notice of Appearance (Keith Humphrey) filed.
|
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Jan. 03, 2020 |
Recommended Order (hearing held November 21, 2019). CASE CLOSED.
|
|
Jan. 03, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
|
Dec. 20, 2019 |
Petitioner's Proposed Recommended Order filed.
|
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Dec. 11, 2019 |
Notice of Filing Transcript.
|
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Dec. 11, 2019 |
Transcript of Proceedings (not available for viewing) filed. |
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Nov. 21, 2019 |
CASE STATUS: Hearing Held. |
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Nov. 19, 2019 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
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Nov. 15, 2019 |
Second Amended Notice of Hearing by Video Teleconference - Amending Statement of Issues (hearing set for November 21, 2019; 9:30 a.m.; Tampa and Tallahassee, FL; amended as to content).
|
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Nov. 15, 2019 |
Order to Provide Exhibits.
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Nov. 15, 2019 |
CASE STATUS: Pre-Hearing Conference Held. |
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Nov. 15, 2019 |
Notice of Appearance (Rean Knopke) filed.
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Nov. 15, 2019 |
Amended Notice of Hearing by Video Teleconference (hearing set for November 21, 2019; 9:30 a.m.; Tampa and Tallahassee, FL; amended as to start time).
|
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Nov. 13, 2019 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
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Nov. 13, 2019 |
Petitioner's Notice of Intent to Rely on Self-Authenticating Documents filed.
|
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Nov. 13, 2019 |
Petitioner's Witness List filed.
|
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Nov. 13, 2019 |
Petitioner's Notice of Filing Proposed Exhibits filed.
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Nov. 08, 2019 |
Notice of Telephonic Pre-hearing Conference (set for November 15, 2019; 9:30 a.m.).
|
|
Sep. 16, 2019 |
Petitioner's Notice of Taking Telephonic Deposition (of Lorraine Maniscalco) filed.
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Sep. 16, 2019 |
Petitioner's Notice of Taking Telephonic Deposition (of Ronald Maniscalco) filed.
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Sep. 16, 2019 |
Petitioner's Notice of Taking Telephonic Deposition (of Lena Marie Shea) filed.
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Sep. 11, 2019 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for November 21, 2019; 9:00 a.m.; Tampa and Tallahassee, FL).
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Sep. 05, 2019 |
Petitioner's Agreed Motion to Continue Final Hearing filed.
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Aug. 02, 2019 |
Order of Pre-hearing Instructions.
|
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Aug. 02, 2019 |
Notice of Hearing by Video Teleconference (hearing set for October 3, 2019; 9:00 a.m.; Tampa and Tallahassee, FL).
|
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Jul. 30, 2019 |
Notice of Service of Department of Financial Services' First Discovery Requests filed.
|
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Jul. 30, 2019 |
Petitioner's Agreed Response to Initial Order filed.
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Jul. 25, 2019 |
Initial Order.
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Jul. 23, 2019 |
Amended Order of Penalty Assessment filed.
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Jul. 23, 2019 |
Stop-Work Order filed.
|
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Jul. 23, 2019 |
Request for Administrative Hearing filed.
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Jul. 23, 2019 |
Agency referral filed.
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Orders for Case No: 19-003961
| Issue Date |
Document |
Summary |
|
Jan. 19, 2021 |
Agency Final Order
|
|
|
Jan. 03, 2020 |
Recommended Order
|
Tarpon Liquors proved its representative did not sign certified mail receipt for Amended Order of Penalty Assessment. Receipt only creates rebuttable presumption. Consequently, hearing request was timely.
|
