FILED
JUN O 6 2011
Chief Financial Officer Docketed by: '::l\·:d':A
001084
CHIEF FINANCIAL OFFICER
JEFF ATWATER
STATE OF FLORIDA
In the Matter of:
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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 Stop-Work Order and Order of Penalty Assessment and the 2nd Amended Order of Penalty Assessment served in Division of Workers' Compensation Case No. 10-423-D3, and being otherwise fully advised in the premises, hereby finds that:
On September 24, 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. 10-423-D3 to Hal's Floor Covering, Inc. (hereinafter Hal's). The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein Hal's 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 ofreceipt of the Stop-Work Order and Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes.
On September 24, 2010, the Stop-Work Order and Order of Penalty Assessment was served on Hal's by personal service. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as "Exhibit A" and incorporated herein by reference.
On October 25, 2010, the Department issued an Amended Order of Penalty Assessment to Hal's in Case No. 10-423-D3. The Amended Order of Penalty Assessment assessed a total penalty of $9,049.83 against Hal's. The Amended Order of Penalty Assessment included a Notice of Rights wherein Hal's 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.
The Amended Order of Penalty Assessment was served on Hal's by personal service on February 18, 2011. A copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.
On November 12, 2010, Hal's filed a timely Petition for formal administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statutes. The Petition was forwarded to the Division of Administrative Hearings and assigned Case No. 10-10613.
On May 5, 2011, the Department issued a 2nd Amended Order of Penalty Assessment to Hal's in Case No. 10-423-D3. The 2nd Amended Order of Penalty Assessment assessed a total penalty of $1,502.86 against Hal's. The 2nd Amended Order of Penalty Assessment was served on Hal's on May 12, 2011 through the Division of Administrative Hearings. A copy of the 2nd Amended Order of Penalty Assessment is attached hereto as "Exhibit C" and is incorporated herein by reference.
On May 16, 2011, the Department filed a Notice of Settlement in DOAH Case No. 10-10613. A copy of the Notice of Settlement filed by the Department is attached hereto as "Exhibit D."
On May 16, 2011, Administrative Law Judge Elizabeth W. McArthur entered an Order Closing File, relinquishing jurisdiction to the Department. A copy of the May 16, 2011 Order Closing File is attached hereto as "Exhibit E."
FINDINGS OF FACT
The factual allegations in the Stop-Work Order and Order of Penalty Assessment issued on September 24, 2010, and the 2nd Amended Order of Penalty Assessment issued on May 5, 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 on the Findings of Fact adopted herein, the Department concludes that Hal's violated the specific statues and rules alleged in the Stop-Work Order and Order of Penalty Assessment and the 2nd Amended Order of Penalty Assessment, and hereby adopts the violations charged in the Stop-Work Order and Order of Penalty Assessment and the 2nd Amended Order of Penalty Assessment as the Conclusions of Law in this case.
PENALTY IMPOSED
The Notice of Settlement and resulting Order Closing File, wherein Hal's no longer contested the 2nd Amended Order of Penalty Assessment pursuant to Sections 120.569 and 120.57, Florida Statutes, taken together with 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:
Hal's is assessed the total penalty of $1,502.86 for deposit into the Workers' Compensation Administration Trust Fund, based upon its violation of the workers' compensation coverage requirements contained in Chapter 440, Florida
Statutes, Hal's is further ordered to demonstrate compliance with the coverage requirements of Chapter 440, Florida Statutes.
Hal's 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 Hal's has paid the total penalty of $1,502.86 for deposit into the Workers' Compensation Administration Trust Fund and has come into compliance with the coverage requirements of Chapter 440, Florida Statutes.
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DONE AND ORDERED this day of_--;ff~'-1q1_1., ---' 2011.
E. Tanner Holloman
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, at Room 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida, 32399-0333 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.
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I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U.S. Mail to Harold T. Hartshorn of HAL'S FLOOR COVERING, INC., at 5219 42nd Street Court
u
East, Bradenton, Florida 34203, on this w day of , 2011.
Assistant General Counsel . Fla. Bar No. 391255 Department Financial Services, Division of Legal Services, Workers' Compensation Section 200 East Gaines Street Tallahassee, FL 32399-4229
850-413-1606 (Phone)
850-922-7270 (Fax)
| Issue Date | Document | Summary |
|---|---|---|
| Jun. 06, 2011 | Agency Final Order |
