APR 2 7 2011
Chief Financial Officer Docketed by:(,/!d:I'>
CHIEF FINANCIAL OFFICER
JEFF ATWATER
STATE OF FLORIDA
Case Number: 10-092-Dl-WC
IN THE MATTER OF:
LEWIS ARMSTRONG, D/B/A
LEWIS ARMSTRONG CONSTRUCTION
I
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 Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the Petition for administrative proceeding, the 2nd Amended Order of Penalty Assessment, and the Order Closing File served in Division of Workers' Compensation Case No. 10-092-Dl, and being otherwise fully advised in the premises, hereby finds that:
On March 25, 2010, the Department issued a Stop-Work Order and Order of Penalty Assessment in Division of Workers' Compensation Case No. 10-092-Dl to LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION.
On May 10, 2010, the Stop-Work Order and Order of Penalty Assessment was served by certified mail on LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as "Exhibit A" and incorporated herein by reference.
On May 24, 2010, the Department issued an Amended Order of Penalty Assessment. The Amended Order of Penalty Assessment assessed a total penalty of $247,379.84
against LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION. The
Amended Order of Penalty Assessment included a Notice of Rights wherein LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION 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.
On May 27, 2010, the Amended Order of Penalty Assessment was served by certified mail on LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION. A copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.
On June 17, 2010, LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION filed a request for Administrative Review ("Petition"), requesting review of the Amended Order of Penalty Assessment. The petition for administrative review was forwarded to the Division of Administrative Hearings on July 9, 2010, and the matter was assigned DOAH Case No. 10-4977. A copy of the Petition is attached hereto as "Exhibit C" and incorporated herein by reference.
On August 6, 2010, the Department issued a 2nd Amended Order of Penalty Assessment. The 2nd Amended Order of Penalty Assessment assessed a total penalty of
$235,761.76 against LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG
CONSTRUCTION. The 2nd Amended Order of Penalty Assessment included a Notice of Rights wherein LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION 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 of receipt of
the 2nd Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes. A copy of the 2nd Amended Order of Penalty Assessment is attached hereto as "Exhibit D" and incorporated herein by reference.
On March 29, 2011, the Administrative Law Judge issued an Order Closing File.
The Order Closing File was issued in response to a Motion to Deem Matters Admitted for failure to answer discovery requests, and a Renewed Motion to Deem Matters Admitted. A copy of the Order Closing File is attached hereto as "Exhibit E" and incorporated herein by reference.
FINDINGS OF FACT
The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on March 25, 2010; the Amended Order of Penalty Assessment issued on May 24, 2010; the 2nd Amended Order of Penalty Assessment issued on August 6, 2010, and the Order Closing File issued on March 29, 2011, which are 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 LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION violated the specific statutes and rules alleged in the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, and the 2nd Amended Order of Penalty Assessment.
PENALTY IMPOSED
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:
LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION shall immediately pay the total penalty of$235,761.76, in full, to the DEPARTMENT OF FINANCIAL SERVICES for deposit into the Workers' Compensation Administration Trust Fund.
LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION 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 2nd Amended Order of Penalty Assessment. The Department shall not issue an Order releasing the Stop-Work Order and 2nd Amended Order of Penalty Assessment until LEWIS ARMSTRONG, D/B/A LEWIS ARMSTRONG CONSTRUCTION has come into compliance with the coverage requirements of Chapter 440, Florida Statutes, and paid the penalty in full.
DONE and ORDERED this QJ-..\1,-, day of _
._Ap"""""N-.-.·.g ,, 2011.
e,
E. Tanner Holloman
Director, 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 ofrendition of this Order.
COPIES FURNISHED TO:
, LEWIS ARMSTRONG 7536 JANA LANE NORTH
JACKSONVILLE, FLORIDA 32210
MICHAEL ROBINSON
921 N. DAVIS ST., BUILDING B, SUITE 250 JACKSONVILLE, FLORIDA 32209
PAIGE SHOEMAKER
FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES
200 EAST GAINES STREET TALLAHASSEE, FLORIDA 32399-4229
| Issue Date | Document | Summary |
|---|---|---|
| Apr. 28, 2011 | Agency Final Order |
