FILED

AUG 2 3 2011 0 0 3 1 4 9

Chief Financial Officer Docketed by:          

IN THE MATTER OF:

LAWTEY SUPERMARKET, LLC

CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

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Case No.: 10-159-Dl-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 LAWTEY SUPERMARKET, LLC, the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, and the 2nd Amended Order of Penalty Assessment, and being otherwise fully advised in the premises, hereby finds that:

1. On May 28, 2010, 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. 10-159-Dl to LAWTEY SUPERMARKET, LLC. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein LAWTEY SUPERMARKET, LLC 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 May 28, 2010, the Stop-Work Order and Order of Penalty Assessment was served by personal service on LAWTEY SUPERMARKET, LLC. 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 August 19, 2010, the Department issued an Amended Order of Penalty Assessment to LAWTEY SUPERMARKET, LLC. The Amended Order of Penalty Assessment assessed a total penalty of $19,344.69 against LAWTEY SUPERMARKET, LLC. The Amended Order of Penalty Assessment included a Notice of Rights wherein LAWTEY SUPERMARKET, LLC 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 August 23, 2010, the Amended Order of Penalty Assessment was served by certified mail on LAWTEY SUPERMARKET, LLC. A copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.

5. Prior to the expiration of the twenty-one (21) day period following the service of the Amended Order of Penalty Service, LAWTEY SUPERMARKET, LLC requested and received an extension of time to file a request for administrative hearing with the Department.

6. On October 8, 2010, LAWTEY SUPERMARKET, LLC timely filed a request for administrative hearing (hereinafter "Petition") with the Department. The Petition was forwarded to the Division of Administrative Hearings on October 28, 2010, and the matter was assigned DOAH Case No. 10-9938. A copy of the petition is attached hereto as "Exhibit C" and incorporated herein by reference.

7. On October 28, 2010, the Department issued a 2nd Amended Order of Penalty Assessment to LAWTEY SUPERMARKET, LLC. The 2nd Amended Order of Penalty Assessment assessed a total penalty of $6,061.46 against LAWTEY SUPERMARKET, LLC.

8. On January 6, 2011, the 2nd Amended Order of Penalty Assessment was served by personal service on LAWTEY SUPERMARKET, LLC. A copy of the 2nd Amended Order of Penalty Assessment is attached hereto as "Exhibit D" and incorporated herein by reference.

9. On January 21, 2011, LAWTEY SUPERMARKET, LLC, through legal counsel, filed a voluntary dismissal of its request for administrative hearing with the Division of Administrative Hearings. A copy of the voluntary dismissal is attached hereto as "Exhibit E" and incorporated herein by reference.

10. On January 21, 2011, the Administrative Law Judge issued an Order Closing File which relinquished jurisdiction of the matter to the Department. A copy of the Order Closing File is attached hereto as "Exhibit F" and incorporated herein by reference.

11. On May 2, 2011, the Department received a check from LAWTEY SUPERMARKET, LLC in the amount of $1000. This reduced the balance of the penalty assessed against LAWTEY SUPERMARKET, LLC to $5061.46.

    
    

    FINDINGS OF FACT

12. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on May 28, 2010, the Amended Order of Penalty Assessment issued on August 19, 2010, and the 2nd Amended Order of Penalty Assessment issued October 28, 2010, and attached as "Exhibit A" "Exhibit B" and "Exhibit D" respectively, and fully incorporated herein by reference, are hereby adopted as the Department's Findings of Fact in this case.

    CONCLUSIONS OF LAW

    
    

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

14. Based upon the Findings of Fact adopted herein, the Department concludes that LAWTEY SUPERMARKET, LLC 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, and hereby adopts the violation(s) charged in the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, and the 2nd Amended Order of Penalty Assessment as the Conclusions of Law in this case.

    PENALTY IMPOSED

    
    

15. The Order Closing File from the Division of Administrative Hearings, the Stop- Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, and the 2nd 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:

    
    

    1. LAWTEY SUPERMARKET, LLC shall immediately pay the remaining penalty balance of $5,061.46 in full to the Department of Financial Services for deposit into the Workers' Compensation Administration Trust Fund;

    2. LAWTEY SUPERMARKET, LLC 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 LAWTEY

SUPERMARKET, LLC has come into compliance with the coverage requirements of Chapter 440, Florida Statues and has paid the remaining penalty balance of $5,061.46 to the Department.

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DONE AND ORDERED on thisro"itay of k.u v 11t , 2011.

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 of rendition of this Order.

CERTIFICATE OF SERVICE

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

U.S. Mail to the person(s) listed below, on this Qs<ol day of      

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, 2011.

amila G. ooden 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:

Michael L. Glass, Esq.

The Glass Law Firm, P.A.

11945 San Jose Blvd., Ste. 301

Jacksonville, FL 32223

Docket for Case No: 10-009938

Orders for Case No: 10-009938