11-004504 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. L And G Framing, Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 1, 2012.

FILED

MAR 15 2012 0003 06

Chief Financial Officer

Docketed by: \\.iJrffl

CHIEF FINANCIAL REPRESENTING OFFICER

JEFF ATWATER

STATE OF FLORIDA

IN THE MATTER OF:

Case No.: 11-11O-1A-WC

L YNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC.,

A DISSOLVED FLORIDA CORPORATION AND LA

FRAMING CONTRACTOR, INC

___________ --:1

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 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 April 1, 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. 11-11O-1A to LYNDA AGUAYO,

DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION

AND LA FRAMING CONTRACTOR, INC. The Stop-Work Order and Order of Penalty

Assessment included a Notice of Rights wherein L YNDA AGUAYO, DBA, LA FRAMING

CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING

CONTRACTOR, INC 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 Section 120.569 and 120.57, Florida Statutes.

2. On April 1, 2011, the Stop-Work Order and Order of Penalty Assessment was

personally served on LYNDA AGUA YO, DBA, LA FRAMING CONTRACTOR, INC., A

DIS SOL VED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC. 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 April 19, 2011, the Department issued an Amended Order of Penalty

Assessment in Division of Workers' Compensation Case No. 11-11 0-IA to L YNDA AGUAYO,

DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION

AND LA FRAMING CONTRACTOR, INC. The Amended Order of Penalty Assessment

assessed a total penalty of $12,985.36 against LYNDA AGUAYO, DBA, LA FRAMING

CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND LA FRAMING

CONTRACTOR, INC.

4. On April 29, 2011, the Amended Order of Penalty Assessment was personally

served on L YNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED

FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC. A copy of the

Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein

by reference.

5. LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A

DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC failed

to answer the Stop-Work Order and Order of Penalty Assessment and the Amended Order of

Penalty Assessment or request a proceeding in accordance with Sections 120.569 and 120.57,

Florida Statutes.

FINDINGS OF FACT

The factual allegations contained in the Stop-Work Order and Order of Penalty

Assessment issued on April 1, 2011, and the Amended Order of Penalty Assessment issued on

April 19, 2011, which are fully incorporated herein by reference, are hereby adopted as the

Department's Findings of Fact in this case.

CONCLUSIONS OF LAW

Based upon the Findings of Fact adopted herein, the Department concludes that LYNDA

AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA

CORPORATION AND LA FRAMING CONTRACTOR, INC 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

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:

a. L YNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC., A

DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC

shall immediately pay the total penalty of $12,985.36, in full, to the Department of

Financial Services for deposit into the Workers' Compensation Administration Trust

Fund; and

b. LYNDA AGUA YO, DBA, LA FRAMING CONTRACTOR, INC., A

DISSOLVED FLORIDA CORPORATION AND LA FRAMING CONTRACTOR, INC

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 Amended Order of

Penalty Assessment. The Department shall not issue an Order releasing the Stop-Work

Order and Amended Order of Penalty Assessment until LYNDA AGUA YO, DBA, LA

FRAMING CONTRACTOR, INC., A DISSOLVED FLORIDA CORPORATION AND

LA FRAMING CONTRACTOR, INC has come into compliance with the coverage

requirements of Chapter 440, Florida Statutes and has paid a total penalty of $12,985.36

to the Department.

DONE AND ORDERED on this of L(\\rb.AC\
J ,2012.

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, DFS 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 Lynda Aguayo; dba, LA Framing Contractor, Inc., a dissolved Florida Corporation and LA

Framing Contractor, Inc, 4942 County Highway 181-C,Ponce De Leon, Florida 32455, on this

\\.s-- day of '=-fY)CJ\\ctv ,2012.

Florida Bar No. 143022

Assistant General Counsel

Department of Financial Services

Division of Legal Services

200 E. Gaines Street

Tallahassee, FL 32399-4229

850413-1606

850413-1978 (fax)

COPIES FURNISHED TO:

Lynda Aguayo, dba, LA Framing Contractor, Inc., a dissolved Florida Corporation and LA

Framing Contractor, Inc

4942 County Highway 181-C

Ponce De Leon, Florida 32455

Robert Borden

103-A Lewis Street

Fort Walton Beach, Florida 32547

Paige Shoemaker

Department of Financial Services

Division of Legal Services

200 East Gaines Street

Tallahassee, Florida 32399-4229

STATE Or FLORIDA, DEPARTMENT OF FINANCIAL SERVICES

DIVISION OF WORKERS' COMPENSATION

EMPLOYER NAME: LYNDA AGUAYO, DBA, LA FRAMING CONTRACTOR, INC, a Dissolved STOP-WORK ORDER No.:

Florida Corporation and LA FRAMING CONTRACTOR, INC

FEIN: 271162735 . !ISSUANCE DATE: 04/19/2011

EMPLOYER ADDRESS: 4942 COUNTY HIGHWAY 181C

CITY: PONCE DE LEON STATE: FL ZIP: 324552952

AMENDED ORDER OF PENAL TV ASSESSMENT

The Division of Workers' Compensation issued a Stop-Work Order in this case on 04/01/2011. The Stop-Work Order included an Order

of Penalty Assessment that identified the penalties assessable under sections 440.10 and 440.107, F .5. The Division hereby amends

the Order of Penalty Assessment based on the following penalties:

8'ailure to secure the payment of workers' within the meaning of section 440.1 07(2), F .8., by:

0failing to obtain coverage that meets the requirements of Chapter 440, F. S., and the Insurance Code;

materlall Y understating or concealing payroll;

materially misrapresenting or concealing employee duties so as to avoid proper classification for premium calculations;

§ materially misrepresenting or concealing information pertinent to the computation anc! application of an experience rating

modification factor. .

For such violation(s) the Employer is assessed a penalty of $12,985.36 (section 440.107(7)(d), F.S.) as detailed in the attached

PENALTY WORKSHEET, which is incorporated herein by reference; . .

Il::onducting business in violation of the Stop-Work Order as'detalled In the attached PENAL TV WORKSHEET, which is

Yncorporated herein by reference, for which the Employer Is assessed a penalty of $.00 (section 440.107(7)(c), F.S.);

IMlsrepresenting the status of the employee(s) as an Independent contractor(s), as delailed on the attached PENAL TV WORKSHEET,

4hich is incorporated herein by reference, for which the Employer Is assessed a penalty of $.00 (section 440.10(1 )(f), F.S.,).

It is hereby ORDERED that the Employer is assessed a TOTAL PENAL TV of $12,985.36.

The penalties 8ueBsed herein supersede any penalties previously assessed In this case. The Emp'OY8F shall pay the TOTAL

PENAL TV by money order or cashier', check, made payable to the DFS·Workers' C()mpensatlon Administration Trust Fund.

The Stop-Work Order issued in this case shall remain in effect until either (a) The DivisioB issues an order releasing the Stop-Work

Order upon finding that the employer has ccime into compliance with the coverage of the workers' compensation law and

pays the total penalty in full, or (b) The Division Issues an Order of Conditional Release From Stop-Work Order pursuant to the

employer coming into compliance with the coverage requirements of the workers' compensation law and entering into a Payment

Agreement Schedule For Periodic Payment of Penalty.

Pursuant to Rule 69l-6.028, Florida Administrative Code, if the Division Imputes the employer's payroll, the employer shall have twenty

business days after service of the order assessing the penalty to provide business records sufficient for the Divisi9n to determine the

employer'spayroll for the period requested In the business records request for the calculation of the penalty. If sufficient business

records are not provided within twenty business days after service of the order assessing the penalty, the calculation of the penalty

imputing the employer's payroll will remain in effect.

LIEN NOTICE

Pursuant to Section 440.107(11), F.S., the Department may Initiate lien proceedings to collect any penalty due that has not

been paid. In addition, theDepartment may refer any unpaid penalty that Is due to a collection agency for the Initiation of

proceedings to collect the unpaid penalty. '

Please s.e the Notice of Rights on the reserve side that partalns to your rtghts regarding this action.

CERTIFICATE OF SERVICE

Pursuant to section 440.107(4), F.S., ROBERT BORDEN

served a true copy of this Amended Order of Penalty Assessment:

By hand delivery: TIME: SERVER: .......

By certified mail: DATE: TIME: ARTICLE:

-

October 2009 EXHIBIT

20 I B

•

NOTICE' UF RIGHTS

You have a right to administrative review of this action by the Department under sections 120.569 and 120.57, Florida

Statutes.

To obtain review, you must file a written petition requesting review. If you dispute a material fact contained in this

action. you are entitled to a hearing under Sections 120.569 and 120.57(1), Florida Statutes, at which you may be

represented by counsel, present evidence and argument on the issue(s), examine witnesses, submit a proposed

recommended order, and file exceptions to the recommended oreler of the Administrative Law JUdge. If you do not

dispute a material fact contained in this action, you are el:Jtitled to a hearing under section 120.57(2), Florida Statutes,

at which you may be represented by counsel, present dociJmentary evidence, and present a written statement in

to this action. .

A petition for a hearing under sections 120.569 and 120.61, florida statutes. must conform to Rule 28-106.2015,

Fl0r,ida Administrative Code. The petition shall contain a) name. address."md telephone number, and facsimile

number (if any) of the petitioner; b) the name, address, and telephone number, and facsimile number of the attorney

or qualified1epresentative of the petitioner (if any) upon Whom service of pleadings and other papers shall be made;

c) a statement requesting an administrative hearing idertf.ifying those material facts that are in dispute. If there are

none, the petition must, so indicate; d) a statement of the petitioner received notice of the agency action; and e)

a statement including the file number to the agency action.

You must file the petition for hearing so that it is received by the Department within twenty-one (21) days of your

rec!='lpt of this'agency action. The petition must be filed with Julie Jones, DFS Agency Clerk. Department of Financial

Services, 61? larson Building, 200 East Gaines Street,. Tallahassee, Flortda·32399.Q390. FAILURE TO FILE A

PETITION WITHINTHE TWENTY-ONE (21) DAYS CONSTITUTES A WAIVER OF YOUR RIGHT TO

TIVE REVIEW OF THE AGENCY ACTION:

r

Mediation under section 120.573, Florida·Statutes. is not-o"ailable.

ISSUING AGENCY NAME AND ADDRESS

Division of Workers' CQmpensation, Bureau of Compliance: . 103- A Lewis Sf. Fort Walton Beach. Florida 32547

Attn: Robert Borden I Telephone: a'50 8339048

January 3.2006

Notice of Rights updated 4/15/2009

Page 1 of2

State of Florida, Department of Financial Services

Division of Workers' Compensation, Bureau of Compliance ..

1st Amended Order Of Penalty Assessment

BUSINESS NAME: LA FRAMING CONTRACTOR, INC OWC Case No. 11-110-1A

SUCCESSOR: L & G FRAMING LLC TOTAL PENAL TV: $12,985.36

Part 1. Penalty for failure to obtain coverage that meets the requirements of Chapter 440, F.S. and the Insurance Code. I

(a) (b) (c) (d) (e) (f) (g)

Employee Name Calculation Class Period of Gross Column (c) Approved Premium Penalty**

Methodology Code Non-Compliance Payroll * 1100 Manual Rate (d) x (e) (f) x 1.5

RAMIRO HERNANDEZ • Imputed 5645 05/17/2010 06/22/2010 6,200.30 62.00 13.96 865.56; 1,298.34

() AWW

!r) Records

5645 12/03/201012/31/2010 4,859.70; 48.60

5645 01/01/2011 01/20/2011 3,351.51

5645 03/25/2011 04/01/2011 1,340.61 13.41

SALVADOR SANCHEZ 5645 05/17/2010 06/22/2010 6,200.30 62.0C

5645 12/03/2010 12/31/2010 4,859.70 48.6C

5645 01/01/2011 01/20/2011 3,351.51

SALVADOR SANCHEZ • Imputed 5645 03/25/2011 04/01/2011 1,340.61 13.41 13.83 185.41 278.12;

1-:) AWW

Records

PEDRO MORAN Imputed 5645 05/17/2010 06/22/2010 6,200.30 62.00 13.96' 865.56 1,298.341

IAWW

, .. Records ..... . ....

* If the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shall be

imputed to be the statewide average weekly wage as defined in s.440.12(2) F.S.multiplied by 1.5, (440.107(7)(e».

** Premium multiplied by statutory factor of 1.5

*** Greater of penalty under column (g) or $1000. s440.1 07(d)(1)

Page 2 of 2

State of Florida, Department of Financial Services

Division of Workers' Compensation, Bureau of Compliance

1 st Amended Order Of Penalty Assessment

BUSINESS NAME: LA FRAMING CONTRACTOR, INC OWC Case No. 11-110-1A

SUCCESSOR: L&G FRAMING LLC TOTAL PENAL TV: $12,985.36

Part 1. Penalty for failure to obtain coverage that meets the requirements of Chapter 440, F .5. and the Insurance Code.

(a) (b) (c) (d) (e) (f) (g) •

Employee Name Calculation Class Period of Gross Column (c) Approved Premium Penalty**

Methodology Code Non-Compliance Payroll * /100 Manual Rate (d) x (e) (f) x 1.5

PEDRO MORAN • Imputed 5645 12/03/2010 12/31/2010 4,859.7C 48.60 13.37 649.74 974.61

CAWW

-') Records

PEDRO MORAN • Imputed 5645 01/01/2011 01/20/2011 3,351.51 33.52; 13.83 463.51 695.27

,- AWW

('j Records

PEDRO MORAN • Imputed 5645 03/25/201104/01/2011 1,340.61; 13.41 13.83 185.41 278.12:

(,AWW

, Records

MANUEL RAMIREZ • Imputed 5645 05/17/2010 06/22/2010 6,200.30 62.00 13.96 865.56 1,298.34

(- AWW

1-, Records

IJOSE MANUEL RAMIREZ • Imputed 5645 12/03/2010 12/31/2010 4,859.70 48.601 13.37 649.74 974.61

(-'AWW

(. Records

IJOSE MANUEL RAMIREZ • Imputed 5645 01/01/2011 01/20/2011 3,351.511 33.52 13.8 463.51 695.27

AWW

Records

13.41 13.83 185.41 278.12

I.-J.<.o s="" e.m="" anu="" ..="" el="" ..="" ra="" m="" i.re="" z="" part="">

8,656.88 12,985.36

* If the employer has failed to provide business records sufficient to enable the Department to determine the employer's payroll, payroll shall be

imputed to be the statewide average weekly wage as defined in s.440.12(2) F.S.multiplied by 1.5, (440.1 07(7)(e».

** Premium multiplied by statutory factor of 1.5

*** Greater of penalty under column (g) or $1000. s440.1 07(d)(1)

TOTAL PENAL TV for Parts 1, 2, 3, 4, 5: $12,985.36