FILED

DECO 1 2020

Chief Finan Docketed b·y

_ ,/-

CHIEF FINANCIAL OFFICER

JIMMY PATRONIS

STATE OF FLORIDA

DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION,

Petitioner,

V. Case No. 17-183-IA-WC

ROBERTS FINE WOOD AND METAL WORK,LLC,

Respondent.

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FINAL ORDER CLOSING FILE

The parties have resolved this administrative proceeding through execution of a Settlement Agreement. A true and correct copy of the Settlement Agreement is attached hereto as "Exhibit A." The Settlement Agreement is approved and adopted.

DONE AND ORDERED on this /Sf··-

d;y of , 2020.

r Holloman, Director Division of Workers' Compensation

Filed December 1, 2020 3:42 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 9.1l0(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 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 DFSAgencyClerk@myfloridacfo.com.

COPY FURNISHED TO:

ROBERTS FINE WOOD AND METAL WORK, LLC C/O ADRIAN MIDDLETON, ESQ.

1437 MARKET STREET

TALLAHASSEE, FLORIDA 32312

ROBERTS FINE WOOD AND METAL WORK, LLC 2959 CATHEDRAL DRIVE

TALLAHASSEE, FLORIDA 32310

CHIEF FINANCIAL OFFICER

JIMMY PATRONIS

STATE OF FLORIDA

DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION,

Petitioner,

1. Case No. 17-183-IA-WC

   ROBERTS FINE WOOD AND METAL WORK,LLC

   
   

   Respondent.

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   SETTLEMENT AGREEMENT

   
   

   This agreement is made and entered into by and between the Florida Department of Financial Services, Division of Workers' Compensation ("Department") and Roberts Fine Wood and Metal Work, LLC ("Employer").

   Upon the complete execution of this settlement agreement by both parties, the Department and Employer agree to the following:

   1. The Department reduces the total penalty assessed against Employer in this matter from $24,789.32 to $1,646.52. The remaining balance owed is $1,646.52. The reduced penalty against Employer is deemed served and final.

   2. Within 30 days, Employer shall make an initial payment of $1,000.00 and enter into a payment agreement to pay the remaining balance of $646.52, or pay the penalty in full. Employer may elect to pay the remaining balance over a period ofup to 60 months, interest-free.

      
      

      EXHIBIT A

      
      

   3. Employer's request for administrative review filed in this matter shall be deemed dismissed with prejudice.

   4. For the purposes of this settlement agreement, "execution" refers to the time when both parties have signed the settlement agreement.

   5. Employer expressly waives in this matter the right to any hearing pursuant to sections 120.569 or 120.57, Florida Statutes, and all other proceedings to which there may be entitlement by law or rule of the Department regarding the previously issued stop-work order and/or amended orders of penalty assessment in this matter, this proceeding, and any and all issues arising or that may arise from the action. Employer agrees not to challenge or contest this settlement agreement in any forum that may now or in the future be available to it, including any administrative proceeding, circuit or federal court action, or any appeal. Nothing herein shall be construed to limit any party's right to enforce the terms and conditions of this settlement agreement.

   6. The Department's determination to execute this settlement agreement is based on the specific facts and circumstances of this case, and has no applicability to any other matter arising or that may arise from actions taken by the Department against employers under section 440.107, Florida Statutes.

   7. The Department and Employer agree that this settlement agreement is entered into voluntarily and with full authority of the parties, and with the intent to settle this matter without proceeding to litigation through a formal hearing. By entering into this agreement Employer is not admitting to the violations in the stop-work order and/or the penalty assessment.

   8. Each party agrees that it shall bear its own costs and attorney fees in this matter.

Employer expressly waives any rights to claim attorney fees or costs under sections 57.041,

2

57.061, 57.105, 57.111, and 120.595, Florida Statutes, or any other statute or other authority.

Dated this 12th day of N_o_ve_m_b_e_r 20,20.

Department of Financial Services, Division of Workers' Compensation

ls/Kyle Christopher

Kyle Christopher (FBN: 40853) Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-4229

Roberts Fine Wood and Metal Work, LLC

.,L

Printed name: Adrian S. Middleton, Esq. Roberts Fine Wood and Metal Work, LLC c/o Adrian Middleton, Esq.

1437 Market Street

Tallahassee, Florida 32312

Roberts Fine Wood and Metal Work, LLC 2959 Cathedral Drive

Tallahassee, Florida 32310

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Docket for Case No: 20-004100

Orders for Case No: 20-004100