06-004937 Carlton Reid vs. Department Of Financial Services, Division Of Workers' Compensation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, February 9, 2007.

FILED

JUL 25 2011 003 1 09

Chief Financial Officer

Docketed _ CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

IN THE MATTER OF:

CARLTON REID

________ --:1 Case Number: 06-283-DI-WC

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 2 nd Amended Order of

Penalty Assessment served in Division of Workers' Compensation Case No. 06-283-Dl, and

being otherwise fully advised in the premises, hereby finds that:

1. On August 14, 2006, 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. 06-283-Dl to CARLTON REID

(REID). The Stop-Work Order and Order of Penalty Assessment included a Notice of rights

wherein REID 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 Sections 120.569 and 120.57, Florida Statutes.

2. On August 15,2006, the Stop-Work Order and Order of Penalty Assessment was

served via personal service on REID. 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 September 6, 2006, the Department issued an Amended Order of Penalty

Assessment to REID in Case No. 06-283-Dl. The Amended Order of Penalty Assessment

assessed a total penalty of$183,710.84 against REID. The Amended Order of Penalty

Assessment included a Notice of Rights wherein REID was advised that any request for an

administrative proceeding to challenge or contest the Amended Order of Penalty Assessment

must be filed within twenty-one (21) days of receipt of the Amended Order of Penalty

Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes.

4. The Amended Order of Penalty Assessment was served on REID by personal

service on October 26,2006. A copy of the Amended Order of Penalty Assessment is attached

hereto as "Exhibit B" and incorporated herein by reference.

5. On November 17,2006, REID timely filed a Petition requesting a formal

administrative hearing. The matter was referred to the Division of Administrative Hearings,

where it was assigned Case No. 06-4937.

6. On February 8, 2007, the Department filed a Stipulated Joint Motion to Close

DOAH Case File With Leave to Re-Open, and on February 9, 2007, Administrative Law Judge

Barbara J. Staros entered an Order Closing File, relinquishing jurisdiction to the Department.

7. On July 3, 2008, the Department and REID entered into a Settlement Agreement,

pursuant to which the Department agreed to issue a2 nd Amended Order of Penalty Assessment in

the amount of $14,817.78, and REID agreed to pay a penalty in the amount of $14,817.78 in

order to resolve Case No. 06-283-Dl.

8. On June 30, 2008, the Department issued a2 nd Amended Order of Penalty

Assessment to REID in Case No. 06-283-Dl. The 2 nd Amended Order of Penalty Assessment

assessed a total penalty of$14,817.75 against REID. The 2 nd Amended Order of Penalty

Assessment contained a Notice of Rights wherein REID was advised that any request for an

administrative proceeding to challenge or contest the 2 nd Amended Order of Penalty Assessment

must be filed within twenty-one (21) days of receipt of the 2 nd Amended Order of Penalty

Assessment pursuant to Sections 120.569 and 120.57, Florida Statutes.

9. The 2 nd Amended Order of Penalty Assessment was served on REID's counsel by

certified mail on July 7, 2008. A copy of the 2 nd Amended Order of Penalty Assessment is

attached hereto as "Exhibit C" and is incorporated herein by reference.

1 O. REID did not file a Petition requesting an administrative proceeding to challenge

or contest the 2 nd Amended Order of Penalty Assessment.

FINDINGS OF FACT

11. The factual allegations in the Stop- Work Order and Order of Penalty Assessment

issued on August 14,2006, and the 2nd Amended Order of Penalty Assessment issued on June

30,2008, which are fully incorporated herein by reference, are hereby adopted as the

Department's Findings of Fact in this case.

CONCLUSIONS OF LAW

12. Based on theFindings of Fact adopted herein, the Department concludes that

REID violated the specific statues and rules alleged in the Stop-Work Order and Order of

Penalty Assessment and the 2nd Amended Order of Penalty Assessment and hereby adopts the

violations charged in the Stop-Work Order and Order of Penalty Assessment and the 2 nd

Amended Order of Penalty Assessment as the Conclusions of Law in this case.

PENALTY IMPOSED

13. The Stipulated Joint Motion to Close DOAH Case File and resulting Order

Closing File, wherein REID no longer contested the Amended Order of Penalty Assessment

pursuant to Sections 120.569 and 120.57, Florida Statutes, and REID's failure to file a Petition

requesting an administrative proceeding to challenge or contest the 2 nd Amended Order of

Penalty Assessment, taken together with the Findings of Fact and Conclusions of Law adopted

herein, constitute grounds for the Chief Financial Officer to impose the penalty and order the

cessation of business operations as set forth herein.

IT IS THEREFORE ORDERED that:

a) REID shall immediately pay the total penalty of$14,817.75 in full to the

Department of Financial Services for deposit into the Workers' Compensation Administration

Trust Fund;

b) REID 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 Order of

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

and Order or Penalty Assessment until REID has come into compliance with the coverage

requirements of Chapter 440, Florida Statutes, and has paid a total penalty of $14,817.75 to the

Department.

DONE AND ORDERED this day of ,2011.

'1

E. Tanner Holloman

Director, Division of 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 the

Agency Clerk at Room 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida,

32399-0333 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.

Copies furnished to:

Carlton Reid

242 West 10 th Street

Jacksonville, Florida 32206

Timothy L. Newhall

Assistant General Counsel

Department of Financial Services

200 E. Gaines Street

Tallahassee, FL 32399-4229