FILED NOV - 5 2008 \ Chief Financial Gffiger an Docketed by;,. : REPRESENTING eee oe ALEX SINK ce) % CHIEF FINANCIAL OFFICER > STATE OF FLORIDA e) IN THE MATTER OF: Case Number: Oe at SKYHIGH SIDING AND ROOFING, INC. FINAL ORDER THIS PROCEEDING came on for final agency action and Alex Sink, Chief Financial Officer of the State of Florida, or her designee, having considered the record in this case, including the Stop-Work Order and Order of Penalty Assessment and the Amended Orders of Penalty Assessment served in Division of Workers’ Compensation Case No. 08-082-D2, and being otherwise fully advised in the premises, hereby finds that: 1. On February 22, 2008, 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. 08-082-D2 to SKYHIGH SIDING & ROOFING, INC. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein SK YHIGH SIDING & ROOFING, 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 Sections 120.569 and 120.57, Florida Statutes. 7. On March 10, 2008, the Department entered an Order of Conditional Release From Stop-Work Order for Stop-Work Order 08-082-D2, which released SK YHIGH SIDING & ROOFING, Inc. from the Stop-Work Order contingent upon SKYHIGH SIDING & ROOFING remaining in compliance with the coverage requirements of Chapter 440, Florida Statutes, and continuing to make periodic payments pursuant to the terms and conditions of the Payment Agreement Schedule for Periodic Payment of Penalty. A copy of the Order of Conditional Release From Stop-Work Order is attached hereto as “Exhibit E” and incorporated herein by reference. 8. On April 3, 2008, SK YHIGH SIDING & ROOFING, INC. served an amended petition for hearing on the Department. A copy of the Amended Petition is attached hereto as . “Exhibit F” and incorporated herein by reference. The amended petition for hearing was forwarded to the Division of Administrative Hearings on April 18, 2008. 9. On August 18, 2008, SK YHIGH SIDING & ROOFING, INC. filed a Notice of Voluntary Dismissal at the Division of Administrative Hearings. A copy of the Notice and its accompanying cover letter are attached hereto as “Exhibit G” and incorporated herein by reference. 10. On August 18, 2008, the Administrative Law Judge issued an Order Closing File, relinquishing jurisdiction to the Department for final agency action. A copy of the Order Closing File is attached hereto as “Exhibit H” and incorporated herein by reference. FINDINGS OF FACT 11. The factual allegations contained in the Stop- Work Order and Order of Penalty Assessment issued on February 22, 2008, and the Amended Order of Penalty Assessment issued on March 10, 2008, which are fully incorporated herein by reference, are hereby adopted as the Department’s Findings of Fact in this case. CONCLUSIONS OF LAW 12. Based upon the Findings of Fact adopted herein, the Department concludes that SKYHIGH SIDING & ROOFING, 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 Orders of Penalty Assessment as the Conclusions of Law in this case. PENALTY IMPOSED 13. The dismissal of the petition for hearing submitted in reference to the Stop- Work Order and Order of Penalty Assessment and the Amended Orders of Penalty Assessment, taken together with the Findings of Fact and Conclusions of Law adopted herein, constitute grounds for the Chief Financial Officer to impose the penalty and order the cessation of business operations as set forth herein. IT IS THEREFORE ORDERED that: SKYHIGH SIDING & ROOFING, INC. shall adhere to the terms and conditions set forth in the Payment Agreement Schedule for Periodic Payment of Penalty and the Order of Conditional Release from Stop-Work Order. At such time as the entire penalty is paid in full, and SK YHIGH SIDING & ROOFING, INC. shall demonstrate that it is in compliance with the coverage requirements of Chapter 440, Florida Statutes, the Department shall issue an order releasing SK YHIGH SIDING & ROOFING, INC. from the Stop-Work Order and from the Amended Order of Penalty. Assessment. DONE and ORDERED this day of tlember , 2008. BRIAN LOND DEPUTY CHIEF FINANCIAL OFFICER 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 the General Counsel, acting as the agency clerk, at 612 Larson Building, 200 E. Gaines St., Tallahassee, Florida 32399-0333, and a copy of the same and filing fee with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order. COPIES FURNISHED TO: IRA BENDER FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF COMPLIANCE 4415 METRO PARKWAY SUITE 300 FORT MYERS, FLORIDA 33916 EARL K. MALLORY, ESQ., MALLORY MALLORY LAW GROUP, 1907 COMMERCE LANE, SUITE 104 JUPITER, FL 33468, LEGAL COUNSEL FOR SKYHIGH SIDING & ROOFING, INC.

Docket for Case No: 08-001974