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DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs NORTHLAKE MOBILE ENTERPRISES, INC. (15-136-D2); MB FOOD AND BEVERAGE, INC. (15-137-D2); CONGRESS VALERO, INC. (15-138-D2); HENA ENTERPRISES, INC. (15-139-D2); HAYMA ENTERPRISES, INC. (15-140-D2); AND BLUE HERON BP, INC. (15-141-D2), ET AL., 16-000365 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-000365 Visitors: 17
Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION
Respondent: NORTHLAKE MOBILE ENTERPRISES, INC. (15-136-D2); MB FOOD AND BEVERAGE, INC. (15-137-D2); CONGRESS VALERO, INC. (15-138-D2); HENA ENTERPRISES, INC. (15-139-D2); HAYMA ENTERPRISES, INC. (15-140-D2); AND BLUE HERON BP, INC. (15-141-D2), ET AL.
Judges: MARY LI CREASY
Agency: Department of Financial Services
Locations: West Palm Beach, Florida
Filed: Jan. 22, 2016
Status: Closed
Recommended Order on Thursday, June 16, 2016.

Latest Update: Jun. 06, 2017
Summary: Whether Respondents violated the provisions of chapter 440, Florida Statutes, by failing to secure the payment of workers' compensation coverage, as alleged in the Stop-Work Orders, and, if so, what penalty is appropriate.Respondents violated the requirement in chapter 440 to secure workers' compensation coverage. Recommend penalty assessments in the total amount of $53,503.44.
KM BH C364e in 319-20160921120455

FILED

SEP 2 1 2016

Chief Fin.:,f2W:

Docketed by: - CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA


DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION,



vs.

Petitioner, DOAH CASE NOS.

16-0355

16-0361

16-0362

16-0364

NORTHLAKE MOBILE ENTERPRISES, INC. (15-136-D2); MB FOOD AND BEVERAGE, INC. (15-137-D2); CONGRESS VALERO, INC. (15-138-D2); HENA ENTERPRISES, INC. (15-139-D2); HAYMA ENTERPRISES, LLC. (15-140-D2);

AND BLUE HERON BP, LLC. (15-141-D2), ET AL.,

16-0365

16-0367


Respondents.

- - - - - - - - - - - - - - - - I

FINAL ORDER


THIS CAUSE came on for entry of a final order. The Recommended Order finds Respondents failed to secure workers' compensation insurance as required by law, and concludes the Department should impose a penalty on each Respondent as calculated by the Department in the respective Amended Order of Penalty Assessment, issued pursuant to section 440.107, Florida Statutes, in January 2016. None of the parties filed exceptions to the Recommended Order.

The Recommended Order is adopted in full.


Accordingly, Northlake Mobile Enterprises, Inc., is assessed a penalty of $1, 367.06; MB Food and Beverage, Inc., is assessed a penalty of $9,687.00; Congress


Filed September 22, 2016 8:00 AM Division of Administrative Hearings

Valero, Inc., is assessed a penalty of $12,651.42; Hena Enterprises, Inc., is assessed a penalty of $18,508.88; Hayma Enterprises, LLC, is assessed a penalty of $7,257.48; and Blue Heron BP, LLC, is assessed a penalty of $4,031.60. Each Respondent must, within

30 days, remit payment of the penalty to the Department, or execute a payment agreement with the Department to pay the penalty by installments.

DONE and ORDERED this §Jsf day of ,3ep                 16.


NOTICE OF RIGHT TO APPEAL

A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.1 lO(d), and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.


Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Julie Jones, DFS Agency Clerk, Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. The facsimile number is (850) 488-0697. The email address is Julie.Jones@myfloridacfo.com.



Copies furnished to:


Frank J. Blarney, Counsel for Respondents Bull and Blarney, LLP

Suite 101-B

4524 Gun Club Road

West Palm Beach, Florida 33415


Tabitha Harnage for the Department 200 East Gaines Street

Tallahassee, Florida, 32399-4229


Mary Li Creasy, Administrative Law Judge 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060



Docket for Case No: 16-000365
Issue Date Proceedings
Jun. 06, 2017 BY ORDER OF THE COURT: the above-styled case is dismissed for lack of prosecution.
May 17, 2017 BY ORDER OF THE COURT: appellant to show cause whey the case should not be dismissed for lack of timely procecution.
Apr. 06, 2017 BY ORDER OF THE COURT: appellant's motion for enlargment of time is granted.
Mar. 31, 2017 Appellant's Motion for Enlargement of Time to File Initial Brief filed.
Mar. 21, 2017 BY ORDER OF THE COURT: appellant is directed to show cause why this case should not be dismissed.
Feb. 02, 2017 Record on Appeal Transcript of Hearing filed.
Feb. 02, 2017 Record on Appeal filed.
Jan. 17, 2017 Receipt of Appeal Fee Payment filed.
Jan. 17, 2017 Notice of Appearance (Tabitha G. Harnage).
Jan. 05, 2017 Acknowledgment of New Case, Fourth DCA Case No. 4D17-0015 filed.
Jan. 05, 2017 BY ORDER OF THE COURT: the $300 filing fee did not accompany the notice as required by the rules.
Jan. 03, 2017 Documents filed with the Fourth District Court of Appeal filed.
Jan. 03, 2017 Documents filed with the Fourth District Court of Appeal filed.
Dec. 27, 2016 Notice of Appeal filed.
Sep. 22, 2016 (Agency) Final Order (filed in Case No. 16-00355).
Sep. 22, 2016 (Agency) Final Order (filed in Case No. 16-000361).
Sep. 22, 2016 (Agency) Final Order (filed in Case No. 16-00362).
Sep. 22, 2016 (Agency) Final Order (filed in Case No. 16-000364).
Sep. 22, 2016 (Agency) Final Order (filed in Case No. 16-000365).
Sep. 22, 2016 (Agency) Final Order (filed in Case No. 16-000367).
Jul. 13, 2016 Notice of Appeal filed.
Jun. 16, 2016 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jun. 16, 2016 Recommended Order (hearing held April 6, 2016). CASE CLOSED.
May 25, 2016 Notice of Unavailability and Absence from the Jurisdiction for June, 2016, filed.
May 24, 2016 Order Granting Department's Motion to Strike Respondents' Proposed Recommended Order.
May 20, 2016 Department's Motion to Strike Respondents' Proposed Recommended Order filed.
May 20, 2016 Respondents' Proposed Recommended Order filed.
May 18, 2016 Department's Proposed Recommended Order filed.
Apr. 28, 2016 Transcript of Proceedings (not available for viewing) filed.
Apr. 06, 2016 CASE STATUS: Hearing Held.
Apr. 05, 2016 (Respondent's) Motion to Continue Administrative Hearing filed.
Apr. 01, 2016 Department's Proposed Exhibit List filed (exhibits not available for viewing).
Mar. 31, 2016 Joint Pre-hearing Stipulation filed.
Mar. 31, 2016 Department's Witness List filed.
Mar. 31, 2016 Petitioner's Notice of Filing Proposed Exhibit and Witness Lists filed.
Feb. 09, 2016 Department's Notice of Taking Telephonic Deposition (of Nazma Akter) filed.
Feb. 05, 2016 Notice of Hearing by Video Teleconference (hearing set for April 6, 2016; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Feb. 05, 2016 Order of Pre-hearing Instructions.
Feb. 01, 2016 Department's Agreed Response to Initial Order filed.
Jan. 27, 2016 Order of Consolidation (DOAH Case Nos. 16-0355, 16-0361, 16-0362, 16-0364, 16-0365, 16-0367).
Jan. 22, 2016 Initial Order.
Jan. 22, 2016 Amended Order of Penalty Assessment filed.
Jan. 22, 2016 Request for Production of Business Records filed.
Jan. 22, 2016 Stop-work Order filed.
Jan. 22, 2016 Request for Administrative Hearing filed.
Jan. 22, 2016 Department's Motion to Consolidate filed.
Jan. 22, 2016 Agency referral filed.

Orders for Case No: 16-000365
Issue Date Document Summary
Sep. 21, 2016 Agency Final Order
Sep. 21, 2016 Agency Final Order
Sep. 21, 2016 Agency Final Order
Sep. 21, 2016 Agency Final Order
Sep. 21, 2016 Agency Final Order
Sep. 21, 2016 Agency Final Order
Jun. 16, 2016 Recommended Order Respondents violated the requirement in chapter 440 to secure workers' compensation coverage. Recommend penalty assessments in the total amount of $53,503.44.
Source:  Florida - Division of Administrative Hearings

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