Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION
Respondent: CRAFTMASTER PLASTERING AND STUCCO, INC.
Judges: SUZANNE VAN WYK
Agency: Department of Financial Services
Locations: Panama City, Florida
Filed: Jun. 19, 2017
Status: Closed
Recommended Order on Monday, November 13, 2017.
Latest Update: Dec. 19, 2018
Summary: Whether Respondent, Craftmaster Plastering and Stucco, Inc., failed to comply with the coverage requirements of the Workers’ Compensation Law, chapter 440, Florida Statutes; and, if so, what penalty should be assessed pursuant to section 440.107, Florida Statutes (2016).Petitioner proved that Respondent failed to secure workers' compensation insurance for non-compliance period during which the corporate officers' exemptions had lapsed; Petitoner failed to prove its remaining allegations by clear
Summary: Whether Respondent, Craftmaster Plastering and Stucco, Inc., failed to comply with the coverage requirements of the Workers’ Compensation Law, chapter 440, Florida Statutes; and, if so, what penalty should be assessed pursuant to section 440.107, Florida Statutes (2016).Petitioner proved that Respondent failed to secure workers' compensation insurance for non-compliance period during which the corporate officers' exemptions had lapsed; Petitoner failed to prove its remaining allegations by clear & convincing evidence.
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TempHtmlFILED
SEP 18 2018
Chief Financial Off ic
Docketed by:
CHIEF FINANCIAL OFFICER
JIMMY PATRONIS
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL
SERVICES, DIVISION OF WORKERS' COMPENSATION,
DOAH CASE NO.: 17-3500
Petitioner, DFS CASE NO.: 17-035-1A-WC
V.
CRAFTMASTER PLASTERING AND STUCCO INC.,
Respondent.
FINAL ORDER
THIS CAUSE came on for consideration of and for final agency action on a Recommended Order. After reviewing the record, including all testimony and admitted exhibits, considering applicable law, and otherwise being fully apprised in all material premises, the Recommended Order is hereby adopted.
Accordingly, Craftmaster Plastering and Stucco Inc., is assessed a penalty in the amount of $1,259.64 for failing to secure and maintain required workers' compensation insurance.
DONE and ORDERED this 101% day of 2018.
Filed December 19, 2018 12:57 PM Division of Administrative Hearings
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.Joneslmyfloridacfo.com-
Copies furnished to:
Craftmaster Plastering and Stucco Inc, Respondent c/o Rasheem Kincey (President)
129 Nann Street
Enterprise, Alabama 36330
Dustin Metz, Executive Senior Attorney Department of Financial Services
200 East Gaines Street Tallahassee, Florida 32399-0333
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Docket for Case No: 17-003500
| Issue Date |
Proceedings |
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Dec. 19, 2018 |
Agency Final Order filed.
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Nov. 13, 2017 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Nov. 13, 2017 |
Recommended Order (hearing held October 6, 2017). CASE CLOSED.
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Oct. 26, 2017 |
Department's Proposed Recommended Order filed.
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Oct. 23, 2017 |
Respondent`s Proposed Recommended Order filed.
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Oct. 06, 2017 |
CASE STATUS: Hearing Held. |
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Oct. 03, 2017 |
Departments Motion to Deem Matters Admitted & Relinquish Jurisdiction filed.
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Sep. 29, 2017 |
Department's Proposed Exhibits filed (exhibits not available for viewing). |
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Sep. 29, 2017 |
Department's Proposed Exhibit List filed.
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Sep. 29, 2017 |
Department's Witness List filed.
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Sep. 29, 2017 |
Department's Notice of Filing Proposed Exhibit List filed.
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Sep. 20, 2017 |
Department's Revised Notice of TakingTelephonic Deposition (of Rasheem Kincey) filed.
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Sep. 19, 2017 |
Department's Notice of Taking of Telephonic Deposition (of Rasheem Kincey) filed.
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Sep. 05, 2017 |
Undeliverable envelope returned from the Post Office.
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Aug. 29, 2017 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for October 6, 2017; 10:00 a.m., Central Time; Panama City and Tallahassee, FL).
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Aug. 28, 2017 |
Department's Revised Agreed Motion to Continue Final Hearing filed.
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Aug. 22, 2017 |
Undeliverable envelope returned from the Post Office.
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Aug. 10, 2017 |
Order Denying Continuance of Final Hearing.
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Aug. 09, 2017 |
Department's Notice of Taking Telephonic Deposition (of Rasheem Kincey) filed.
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Aug. 09, 2017 |
Department's Agreed Motion to Continue Final Hearing filed.
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Aug. 02, 2017 |
Department's Notice of Service of Department of Financial Services' First Discovery Requests filed.
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Jul. 18, 2017 |
Undeliverable envelope returned from the Post Office.
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Jun. 30, 2017 |
Order of Pre-hearing Instructions.
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Jun. 30, 2017 |
Notice of Hearing by Video Teleconference (hearing set for September 6, 2017; 10:00 a.m., Central Time; Panama City and Tallahassee, FL).
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Jun. 29, 2017 |
Department's Agreed Response to Initial Order filed. (DUPLICATE)
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Jun. 29, 2017 |
Department's Agreed Response to Initial Order filed.
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Jun. 20, 2017 |
Initial Order.
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Jun. 19, 2017 |
Penalty Audit Summary Report filed.
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Jun. 19, 2017 |
Amended Order of Penatly Assessment filed.
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Jun. 19, 2017 |
Stop-Work Order filed.
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Jun. 19, 2017 |
Request for Administrative Hearing filed.
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Jun. 19, 2017 |
Agency referral filed.
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Orders for Case No: 17-003500
| Issue Date |
Document |
Summary |
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Sep. 18, 2018 |
Agency Final Order
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Nov. 13, 2017 |
Recommended Order
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Petitioner proved that Respondent failed to secure workers' compensation insurance for non-compliance period during which the corporate officers' exemptions had lapsed; Petitoner failed to prove its remaining allegations by clear & convincing evidence.
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