FILED

MAR 3 1 2011 0 0 0 5 2 4

Chief Financial Officer Docketed by:_

CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

IN THE MATTER OF:

LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP

;/

Case No.: 09-049-D7-WC

FINAL ORDER

THIS PROCEEDING came on for final agency action and Jeff Atwater, Chief Financial Officer of the State of Florida, or his designee, having considered the record in this case, including the request for administrative hearing received from LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION

AND MAY I HELP YOU HANDYMAN SERVICE, CORP, the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the 2nd Amended Order of Penalty Assessment, the 3rd Amended Order of Penalty Assessment, and the 4th Amended Order of Penalty Assessment, and being otherwise fully advised in the premises, hereby finds that:

1. On February 25, 2009, 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. 09-049-D? to LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein LUIS

   
   

   AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP 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, and must conform to Rule 28-106.2015, Florida Administrative Code.

2. On February 25, 2009, the Stop-Work Order and Order of Penalty Assessment was served by personal service on LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as "Exhibit A" and incorporated herein by reference.

3. On March 2, 2009, the Department issued an Amended Order of Penalty Assessment to LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP. The Amended Order of Penalty Assessment assessed a total penalty of

   $249,479.80 against LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

   SERVICE, CORP. The Amended Order of Penalty Assessment included a Notice of Rights wherein LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

   SERVICE, CORP was advised that any request for an administrative proceeding to challenge or contest the Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes, and must conform to Rule 28-106.2015, Florida Administrative Code.

4. On March 2, 2009, the Amended Order of Penalty Assessment was served by personal service on LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP. A copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.

5. On March 6, 2009, the Department issued a 2nd Amended Order of Penalty Assessment to LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP. The 2nd Amended Order of Penalty Assessment assessed a total penalty of

   $235,409.69 against LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

   SERVICE, CORP. The 2nd Amended Order of Penalty Assessment included a Notice of Rights wherein LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

   SERVICE, CORP was advised that any request for an administrative proceeding to challenge or contest the 2nd Amended Order of Penalty Assessment must be filed within twenty-one (21) days ofreceipt of the 2nd Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes, and must conform to Rule 28-106.2015, Florida Administrative

   Code.

   
   

6. On March 6, 2009, the 2nd Amended Order of Penalty Assessment was served by

   
   

   personal service on LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

   SERVICE, CORP. A copy of the 2nd Amended Order of Penalty Assessment is attached hereto as "Exhibit C" and incorporated herein by reference.

   
   

7. On April 20, 2009, the Department issued a 3rd Amended Order of Penalty Assessment to LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP. The 3rd Amended Order of Penalty Assessment assessed a total penalty of

   $52;334.24 against LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

   SERVICE, CORP. The 3rd Amended Order of Penalty Assessment included a Notice of Rights wherein LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

   SERVICE, CORP was advised that any request for an administrative proceeding to challenge or contest the 3rd Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the 3rd Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes, and must conform to Rule 28-106.2015, Florida Administrative

   Code.

   
   

8. On April 20, 2009, the 3rd Amended Order of Penalty Assessment was served by

   
   

   personal service on LUIS AMAYA, D/8/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

   SERVICE, CORP. A copy of the 3rd Amended Order of Penalty Assessment is attached hereto as "Exhibit D" and incorporated herein by reference.

9. On May 1, 2009, LUIS AMAYA, D/8/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP filed a petition for administrative review with the Department. The petition for administrative review was forwarded to the Division of Administrative Hearings

   
   

   
   

   on May 19, 2009, and the matter was assigned DOAH Case No. 09-2763. A copy of the petition is attached hereto as "Exhibit E" and incorporated herein by reference.

10. On September 21, 2009, the Department issued a 4th Amended Order of Penalty Assessment to LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP. The 4th Amended Order of Penalty Assessment assessed a total penalty of

    $30,869.44 against LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

    SERVICE, CORP. The 4th Amended Order of Penalty Assessment included a Notice of Rights wherein LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

    SERVICE, CORP was advised that any request for an administrative proceeding to challenge or contest the 4th Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the 4th Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes, and must conform to Rule 28-106.2015, Florida Administrative

    Code.

    
    

11. On September 21, 2009, the 4th Amended Order of Penalty Assessment was

    
    

    served by personal service on LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU

    HANDYMAN SERVICE, CORP. A copy of the 4th Amended Order of Penalty Assessment is attached hereto as "Exhibit F" and incorporated herein by reference.

12. On September 23, 2009, the Department received a letter from LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP, stating that he

    
    

    wished to withdraw his request for administrative hearing. A copy of the letter to withdraw the request for hearing is attached hereto as "Exhibit G" and incorporated herein by reference.

13. On September 23, 2009, the Administrative Law Judge issued an Order Relinquishing Jurisdiction and Closing File. A copy of the Order Relinquishing Jurisdiction and Closing File is attached hereto as "Exhibit H" and incorporated herein by reference.

    FINDINGS OF FACT

14. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on February 25, 2009, the Amended Order of Penalty Assessment issued on March 2, 2009, the 2nd Amended Order of Penalty Assessment issued on March 6, 2009, the 3rd Amended Order of Penalty Assessment issued on April 20, 2009, and the 4th Amended Order of Penalty Assessment issued on September 21, 2009, attached as "Exhibit A," "Exhibit B," "Exhibit C," Exhibit "D," and Exhibit "F," respectively, and fully incorporated herein by reference, are hereby adopted as the Department's Findings of Fact in this case.

    CONCLUSIONS OF LAW

    
    

15. The Department has jurisdiction over the subject matter of and the parties to this matter pursuant to Chapter 440, Florida Statutes.

16. Based upon the Findings of Fact adopted herein, the Department concludes that LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP violated the specific statutes and rules alleged in the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the 2nd Amended Order of Penalty Assessment, the 3rd Amended Order of Penalty Assessment, and the 4th Amended Order of Penalty Assessment and hereby adopts the violation(s) charged in the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the 2nd Amended

    Order of Penalty Assessment, the 3rd Amended Order of Penalty Assessment, and the 4th Amended Order of Penalty Assessment, as the Conclusions of Law in this case.

    IT IS THEREFORE ORDERED that

    
    

    1. LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP's request for administrative proceeding is hereby DISMISSED WITH PREJUDICE; and

    2. The Stop-Work Order and Order of Penalty Assessment issued on February 25, 2009, the Amended Order of Penalty Assessment issued on March 2, 2009, the 2nd Amended Order of Penalty Assessment issued on March 6, 2009, the 3rd Amended Order of Penalty Assessment issued on April 20, 2009, and the 4th Amended Order of Penalty Assessment issued on September 21, 2009, are affirmed.

    3. LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP shall immediately pay the total penalty of $30,869.44, in full or as otherwise arranged with the Department, to the Department of Financial Services for deposit into the Workers' Compensation Administration Trust Fund;

    4. LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN SERVICE, CORP shall immediately cease all business operations until such time as the Department issues an order releasing the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the 2nd Amended Order of Penalty Assessment, the 3rd Amended Order of Penalty Assessment, and the 4th Amended Order of Penalty Assessment. The Department shall not issue an Order releasing the Stop-Work Order and Order of Penalty

Assessment, the Amended Order of Penalty Assessment, the 2nd Amended Order of Penalty Assessment, the 3rd Amended Order of Penalty Assessment, and the 4th Amended Order of Penalty Assessment until LUIS AMAYA, D/B/A MAY I HELP YOU HANDYMAN SERVICE, CORP, A DISSOLVED FLORIDA CORPORATION AND MAY I HELP YOU HANDYMAN

SERVICE, CORP has come into compliance with the coverage requirements of Chapter 440, Florida Statutes, and has paid the total penalty of $30,869.44 to the Department.

DONE and ORDERED this :.:;rs t day of (})v ,2011.

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 Julie Jones, DFS Agency Clerk, Department of Financial Services, Room 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida, 32399-0390 and a copy of the Notice of Appeal, a copy of this Order and filing fee with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by

J

U.S. Mail to the person(s) listed below, on this 3\-st day of l.fh®dv , 2011.

Florida Bar No. 46740 Assistant General Counsel

Department of Financial Services Division of Legal Services

200 E. Gaines Street Tallahassee, FL 32399-4229

850 413-1606

850 413-1978 (fax)

Copies to:

Luis Amaya

Luis Amaya, d/b/a May I Help You Handyman Service, Corp., A Dissolved Florida Corporation and May I Help You Handyman Service, Corp.

882 Bluebird Street

Naples, FL 34104

Docket for Case No: 09-002763

Orders for Case No: 09-002763