FILED
MAY 2 0 2011 000981
Chief Financial Officer Docketed by: --
CHIEF FINANCIAL OFFICER
JEFF ATWATER
STATE OF FLORIDA
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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 Carlos Diaz Tile Installations, Inc., the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the 2nd Amended Order of Penalty Assessment, and the 3rd Amended Order of Penalty Assessment, and being otherwise fully advised in the premises, hereby finds that:
On June 23, 2009, the Department of Financial Services, Division of Workers' Compensation (hereinafter "Department") issued a Stop-Work Order and Order of Penalty Assessment to Carlos Diaz Tile Installations, Inc. in Case No. 09-148-D3. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein Carlos Diaz Tile Installations, 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, and must conform to Rule 28-106.2015, Florida Administrative Code.
On June 23, 2009, the Stop-Work Order and Order of Penalty Assessment was personally served on Carlos Diaz Tile Installations, Inc. A copy of the Stop-Work Order and
Order of Penalty Assessment is attached hereto as "Exhibit A" and incorporated herein by reference.
On September 30, 2009, the Department issued an Amended Order of Penalty Assessment to Carlos Diaz Tile Installations, Inc. The Amended Order of Penalty Assessment assessed a total penalty of $19,650.40 against Carlos Diaz Tile Installations, Inc. The Amended Order of Penalty Assessment included a Notice of Rights wherein Carlos Diaz Tile Installations, Inc. 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.
On October 2, 2009, the Amended Order of Penalty Assessment was served on Carlos Diaz Tile Installations, Inc. by certified mail. A copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.
On October 20, 2009, Carlos Diaz Tile Installations, Inc. filed with the Department a request for an administrative hearing ("Petition") pursuant to section 120.57(1), Florida Statutes, challenging the Stop-Work Order and Order of Penalty Assessment and the Amended Order of Penalty Assessment. The Petition was forwarded to the Division of Administrative Hearings and assigned DOAH Case No. 09-6148. A copy of the Petition is attached hereto as "Exhibit C".
On November 6, 2009, the Department issued a 2nd Amended Order of Penalty Assessment to Carlos Diaz Tile Installations, Inc. The 2nd Amended Order of Penalty Assessment assessed a total penalty of $79,456.77 against Carlos Diaz Tile Installations, Inc.
On January 12, 2010, the 2nd Amended Order of Penalty Assessment was filed with the Division of Administrative Hearings. A copy of the 2nd Amended Order of Penalty Assessment is attached hereto as "Exhibit D" and incorporated herein by reference.
On December 7, 2010, the Department issued a 3rd Amended Order of Penalty Assessment to Carlos Diaz Tile Installations, Inc. The 3rd Amended Order of Penalty Assessment assessed a total penalty of $9,456.91 against Carlos Diaz Tile Installations, Inc.
On December 20, 2010, the Department and Carlos Diaz Tile Installations, Inc. filed a Joint Status Report with the Division of Administrative Hearings wherein they reported that Carlos Diaz Tile Installations, Inc. did not wish to proceed to an administrative hearing. On December 21, 2010, Administrative Law Judge R. Bruce McKibben entered an Order Closing File, which relinquished jurisdiction of the matter to the Department.
On January 3, 2011, the 3rd Amended Order of Penalty Assessment was served on Carlos Diaz Tile Installations, Inc. by certified mail. A copy of the 3rd Amended Order of Penalty Assessment is attached hereto as "Exhibit E" and incorporated herein by reference.
On January 14, 2011, the Department and Carlos Diaz Tile Installations, Inc. entered into a Settlement Agreement wherein Carlos Diaz Tile Installations, Inc. agreed to pay the penalty assessed in the 3rd Amended Order of Penalty Assessment.
The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the 2nd Amended Order of Penalty Assessment, and the 3rd Amended Order of Penalty Assessment attached hereto as "Exhibit A", "Exhibit B", "Exhibit D", and "Exhibit E", respectively, and fully incorporated herein by reference, are hereby adopted as the Department's Findings of Fact in this case.
CONCLUSIONS OF LAW
Based upon the Findings of Fact adopted herein, the Department concludes that Carlos Diaz Tile Installations, Inc. 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, and the 3rd 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, and the 3rd Amended Order of Penalty Assessment as the Conclusions of Law in this case.
PENALTY IMPOSED
The Settlement Agreement, the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the 2nd Amended Order of Penalty Assessment, and the 3rd Amended Order 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 as set forth herein.
IT IS THEREFORE ORDERED that:
Carlos Diaz Tile Installations, Inc. shall immediately pay the total penalty of
$9,456.91 m full to the Department of Financial Services for deposit into the Workers'
Compensation Administration Trust Fund; and
Carlos Diaz Tile Installations, Inc. shall immediately cease all business operations in the State of Florida until such time as the Department issues an Order releasing the Stop-Work Order and Order of Penalty Assessment. The Department shall not issue an Order releasing the Stop-Work Order and Order of Penalty Assessment until Carlos Diaz Tile Installations, Inc. has
come into compliance with the coverage requirements of Chapter 440, Florida Statutes, and has paid a total penalty of $9,456.91 to the Department.
DONE and ORDERED this da..µ..- day of Vb, C1 , 2011.
E. Tanner Ho oman
Director, Division of Workers' Compensation
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.
COPIES FURNISHED TO:
Carlos Diaz
Carlos Diaz Tile Installations, Inc. 1969 North Olivia Drive
Avon Park, Florida 33825
Andres Oliveros
Andres N. Oliveros P.A. 2825 U.S. Highway 27 North
Sebring, Florida 33870
John Kulha
Department of Financial Services Division of Workers' Compensation Bureau of Compliance
5969 Cattlemen Lane
Sarasota, Florida 34232
Holly Werkema
Department of Financial Services Division of Legal Services
200 East Gaines Street Tallahassee, Florida 32399-4247
| Issue Date | Document | Summary |
|---|---|---|
| May 20, 2011 | Agency Final Order |
