FEB O 2 2011
Chief Financial Officer Docketed by:
CHIEF FINANCIAL OFFICER
JEFF ATWATER
STATE OF FLORIDA
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IN THE MATTER OF:
MIKE CANADY
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Case Number: 10-152-lA-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 Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the Petition for Review, and the Order Cancelling Hearing, Closing File and Relinquishing Jurisdiction served in Division of Workers' Compensation Case No. 10-152-lA, and being otherwise fully advised Order in the premises, hereby finds that:
On April 9, 2010, the Department issued a Stop-Work Order and Order of Penalty Assessment to MIKE CANADY, in case no. 10-152-lA.
On April 9, 2010, the Stop-Work Order and Order of Penalty Assessment was personally served on MIKE CANADY. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as "Exhibit A" and incorporated herein by reference.
On April 26, 2010, the Department issued an Amended Order of Penalty Assessment to MIKE CANADY. The Amended Order of Penalty Assessment assessed a total penalty of $137,562.68 against MIKE CANADY.
On May 27, 2010, the Amended Order of Penalty Assessment was served via Process Server on MIKE CANADY. A copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.
On June 17, 2010, MIKE CANADY filed a request for Administrative Review ("Petition"), requesting review of the Stop-Work Order and Order of Penalty Assessment, and the Amended Order of Penalty Assessment. The petition for administrative review was forwarded to the Division of Administrative Hearings on July 16, 2010, and the matter was assigned DOAH Case No. 10-5819. A copy of the Petition is attached hereto as "Exhibit C" and incorporated herein by reference.
On January 6, 2011, the Administrative Law Judge issued an Order Cancelling Hearing, Closing File and Relinquishing Jurisdiction ruling that, "Accordingly, the facts stated in Petitioner's First Request for Admissions are deemed to be true and the documents which are attached to the discovery requests are deemed to be genuine. That being the case, a dispute of material fact no longer exists." A copy of the Order Cancelling Hearing, Closing File and Relinquishing Jurisdiction is attached hereto as "Exhibit D" and incorporated herein by reference.
FINDINGS OF FACT
The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on April 9, 2010, the Amended Order of Pel}alty Assessment issued on April 26, 2010, and the Order Cancelling Hearing, Closing File and Relinquishing Jurisdiction issued on January 6, 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 MIKE CANADY violated the specific statutes and rules alleged in the Stop-Work Order and Order of Penalty Assessment, and Amended Order of Penalty Assessment and hereby adopts the violation(s) charged in the Stop-Work Order and Order of Penalty Assessment, and Amended Order of Penalty Assessment as the Conclusions of Law in this case.
PENALTY IMPOSED
The Order Cancelling Hearing, Closing File and Relinquishing Jurisdiction submitted in reference to the Stop-Work Order and Order of Penalty Assessment and the 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:
MIKE CANADY shall immediately pay the total penalty of $137,562.68, in full, to the DEPARTMENT OF FINANCIAL SERVICES for deposit into the Workers' Compensation Administration Trust Fund.
MIKE CANADY 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 Amended Order of Penalty Assessment. The Department shall not issue an Order releasing the
Stop-Work Order and Amended Order of Penalty Assessment until MIKE CANADY has come into compliance with the coverage requirements of Chapter 440, Florida Statutes.
DONE and ORDERED this .J"'oJ. day of '-:f-eo bl l<2h<l' , 2011.
ROBE T C. KNEIP CHIEF OF STAFF
I hereby certify that a true and correct copy of the foregoing has been furnished by U.S. mail to Michael Canady, 493 S. Morris Road, .Moultrie, Georgia, 31768, this ard day of
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Paige oemaker -
Florida Bar No. 143022 Assistant General Counsel Department of Financial Services Division of Legal Services
200 E. Gaines Street Tallahassee, FL 32399-4229
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:
MICHAEL CANADY 493 S. MORRIS ROAD
MOULTRIE, GEORGIA 31768
MARK PIAZZA
FLORIDA DEPARTMENT OF FINANCIAL SERVICES BUREAU OF COMPLIANCE
2012 CAPITAL CIRCLE SE, HARTMAN BUILDING TALLAHASSEE, FLORIDA 32399-4229
PAIGE SHOEMAKER
FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES
200 EAST GAINES STREET TALLAHASSEE, FLORIDA 32399-4229
| Issue Date | Document | Summary |
|---|---|---|
| Feb. 03, 2011 | Agency Final Order |
