Rick Scott

Governor

Robert S. Cohen

State of Florida

Division of Administrative Hearings

Charles A. Stampelos Deputy Chief Administrative Law Judge

Director and Chief Judge

Claudia Llad6

Clerk of the Division

David W. Langham

Deputy Chief Judge Judges of Compensation Claims

NOTICE

Case No. 11-1574

Effective July 1, 2011, any document filed with the Division of Administrative Hearings (DOAH) by a party represented by an attorney shall be filed by electronic means through DOAH's website. Ch. 2011-208, § 7, Laws of Fla. Your document, Final Order, was mailed, hand-delivered, delivered by express courier, or faxed to DOAH on July 13, 2011, in a case where the party is represented by an attorney. The document was not filed by electronic means. Accordingly, you bear the risk that the document was not properly filed with the Clerk of DOAH as required by law.

Toe DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060 Administrative Law (850) 488-9675 • Fax Filing (850) 921-6847

Judges of Compensation Claims (850) 487-1911

FILED

JUL 12 2011

Chief Financial Officer

Docketed by:_ -4':<d

003001

CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

ZDH JUL t 3 A II: 2b

IN THE MATTER OF:

CARLOS ALBERTO RODRIGUEZ

/

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 ALBERTO RODRIGUEZ, the Stop-Work Order and Order of Penalty Assessment, and the Amended Order of Penalty Assessment, and being otherwise fully advised in the premises, hereby finds that:

1. On February 8, 2011, 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. 11-047-D5 to CARLOS ALBERTO RODRIGUEZ. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein CARLOS ALBERTO RODRIGUEZ 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 February 8, 2011, the Stop-Work Order and Order of Penalty Assessment was served by personal service on CARLOS ALBERTO RODRIGUEZ. 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 February 23, 2011, the Department issued an Amended Order of Penalty Assessment to CARLOS ALBERTO RODRIGUEZ. The Amended Order of Penalty Assessment assessed a total penalty of $163,791.63 against CARLOS ALBERTO RODRIGUEZ. The Amended Order of Penalty Assessment included a Notice of Rights wherein CARLOS ALBERTO RODRIGUEZ 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 March 7, 2011, the Amended Order of Penalty Assessment was served by personal service on CARLOS ALBERTO RODRIGUEZ. A copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.

5. On February 28, 2011, CARLOS ALBERTO RODRIGUEZ timely filed a request for administrative hearing with the Department. The petition for administrative review was forwarded to the Division of Administrative Hearings on March 28, 2011, and the matter was assigned DOAH Case No. 11-1574. A copy of the petition is attached hereto as "Exhibit C" and incorporated herein by reference.

6. On May 9, 2011, the Department served by U.S. mail its First Interlocking Discovery Request ("discovery requests") which included requests for admissions, interrogatories, and requests for production on Respondent. Respondent was required to serve its answers upon the Department within 30 days pursuant to Rules l.340(a), l.350(b), and l.370(a), Florida Rules of Civil Procedure. However, pursuant to Rule 128-106.103, Florida

   
   

   
   

   Administrative Code, "five days shall be added to the time limits when service has been made by regular U.S. mail." Therefore, Respondent was required to respond to the discovery on or before June 13, 2011.

7. On June 22, 2011, the Department filed a Motion to Deem Matters Admitted and Relinquish Jurisdiction Pursuant to Section 120.57(1)(i), Florida Statutes after having not received any answer from Respondent to the Department's discovery requests.

8. On June 23, 2011, the Administrative Law Judge issued an Order Relinquishing Jurisdiction and Closing File. A copy of the Order Relinquishing Jurisdiction and Closing File is attached hereto as "Exhibit D" and incorporated herein by reference.

   
   

   FINDINGS OF FACT

9. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on February 8, 2011, and the Amended Order of Penalty Assessment issued on Februrary 23, 2011, attached as "Exhibit A" and "Exhibit B" respectively, and fully incorporated herein by reference, are hereby adopted as the Department's Findings of Fact in this case.

   CONCLUSIONS OF LAW

   
   

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

11. Based upon the Findings of Fact adopted herein, the Department concludes that CARLOS ALBERTO RODRIGUEZ violated the specific statutes and rules alleged in the Stop­ Work Order and Order of Penalty Assessment, and the Amended Order of Penalty Assessment, and hereby adopts the violation(s) charged in the Stop-Work Order and Order of Penalty

    
    

    
    

    Assessment and the Amended Order of Penalty Assessment as the Conclusions of Law in this case.

    PENALTY IMPOSED

    
    

12. The Order Relinquishing Jurisdiction and Closing File from the Division of Administrative Hearings, 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:

    
    

    1. CARLOS ALBERTO RODRIGUEZ shall immediately pay the total penalty of

       $163,791.63 in full to the Department of Financial Services for deposit into the Workers' Compensation Administration Trust Fund;

    2. CARLOS ALBERTO RODRIGUEZ 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 ALBERTO RODRIGUEZ has come into compliance with the coverage requirements of Chapter 440, Florida Statues and has paid a total penalty of $163,791.63 to the Department.

DONE AND ORDERED on this;,l"aay of t)4j , 2011.

£?:f ---

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, DPS 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 /9:: day of {Ju.Lt, , 2011.

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:

Mr. Carlos Alberto Rodriguez 920 S.W. 5th St., Apt. #3

Miami, FL 33130

Docket for Case No: 11-001574

Orders for Case No: 11-001574