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DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs G AND F RENOVATIONS, INC., 16-003216 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003216 Visitors: 27
Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION
Respondent: G AND F RENOVATIONS, INC.
Judges: J. D. PARRISH
Agency: Department of Financial Services
Locations: Ormond Beach, Florida
Filed: Jun. 10, 2016
Status: Closed
Recommended Order on Tuesday, December 6, 2016.

Latest Update: Dec. 15, 2017
Summary: Whether Respondent, G and F Renovations, Inc. (Respondent), timely challenged Petitioner's proposed agency action; and, if not, whether pursuant to the doctrine of equitable tolling Respondent is entitled to an administrative hearing to challenge the proposed agency action.Respondent did not timely submit a request for an administrative review of the Stop-Work Order. Respondent's claim of equitable tolling is unmerited.
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FILED

MAR0320 .

Chief Flnanclal

Docketed by:


CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA


DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION


Petitioner,


V.


DOAH CASE NO.: 16-3216 DWC CASE NO.: 14-166-D1-WC


G AND F RENOVATIONS, INC.,


Respondent.


FINAL ORDER


THIS CAUSE came for consideration and final agency action on the Recommended Order issued on December 6, 2016. The Recommended Order finds the request for hearing was not timely filed, and that there are no facts which support equitable tolling. No exceptions were filed. After review of the record, including testimony and admitted exhibits, and being otherwise fully apprised in all material premises, the administrative law judge ' s findings of fact, conclusions of law, and recommendation are adopted in full.

Accordingly, a $353, 106.42 penalty is imposed against G and F Renovations, Inc., for its failure to secure workers' compensation coverage as provided in the Amended Order of Penalty


Filed December 15, 2017 9:31 AM Division of Administrative Hearings


Assessment. Respondent must 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 3 r d day of f i i , 2017.


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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 9.110(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:


G and F Renovations, Inc., Respondent G and F Renovations, Inc., Respondent c/o Stephen E. Hall c/o Stephen E. Hall

1572 Shadow Moss Cir. 312 North Star Ct

Lake Mary, FL 32746 Sanford, FL 32771


Pedro Malaret, Esq. Kelli B. Hastings, Esq.

Attorney for Respondent Attorney for Respondent

Malaret Law Firm, PLC Law Office of Kelli B. Hastings, PLLC

732 N. Thornton Ave. 4005 N. Orange Blossom Tr.

Orlando, FL 32803 Orlando, FL 32804


Michael Joseph Gordon, Esq. Attorney for the Department Department of Financial Services 200 E. Gaines St.

Tallahassee, FL 32399-4229


Docket for Case No: 16-003216
Issue Date Proceedings
Dec. 15, 2017 Agency Final Order filed.
Dec. 06, 2016 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 06, 2016 Recommended Order (hearing held August 29, 2016). CASE CLOSED.
Oct. 21, 2016 Petitioner's Proposed Recommended Order filed.
Oct. 21, 2016 (Respondent's proposed) Final Order filed.
Oct. 11, 2016 Notice of Filing Transcript.
Oct. 11, 2016 Transcript of Proceedings (not available for viewing) filed.
Aug. 29, 2016 CASE STATUS: Hearing Held.
Aug. 22, 2016 Joint Pre-Hearing Stipulation filed.
Aug. 17, 2016 Objection to Deposition filed.
Aug. 10, 2016 Department's Amended Notice of Taking Telephonic Deposition (of Pedro Malaret) filed.
Aug. 02, 2016 Department's Notice of Taking Telephonic Deposition (Pedro Malaret) filed.
Jul. 13, 2016 Department's Notice of Telephonic Deposition (of Pedro Malaret) filed.
Jul. 08, 2016 Amended Notice of Hearing (hearing set for August 29, 2016; 9:00 a.m.; Orlando, FL; amended as to date ).
Jul. 07, 2016 Amended Notice of Hearing by Video Teleconference (hearing set for August 29, 2016; 9:00 a.m.; Orlando and Tallahassee, FL; amended as to ).
Jul. 06, 2016 Order of Pre-hearing Instructions.
Jul. 06, 2016 Notice of Hearing by Video Teleconference (hearing set for August 18, 2016; 9:00 a.m.; Orlando and Tallahassee, FL).
Jun. 22, 2016 Department's Agreed Response to Initial Order filed.
Jun. 14, 2016 Initial Order.
Jun. 10, 2016 Amended Order of Penalty Assessment filed.
Jun. 10, 2016 Stop-work Order filed.
Jun. 10, 2016 Motion for Rehearing and/or Relief from Judgment filed.
Jun. 10, 2016 Appellants' Initial Brief filed.
Jun. 10, 2016 Agency referral filed.

Orders for Case No: 16-003216
Issue Date Document Summary
Mar. 03, 2017 Agency Final Order
Dec. 06, 2016 Recommended Order Respondent did not timely submit a request for an administrative review of the Stop-Work Order. Respondent's claim of equitable tolling is unmerited.
Source:  Florida - Division of Administrative Hearings

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