10-001607 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Jr Construction Support Services, Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, October 1, 2010.

fiLED

OCT 26 2011 003382

Chief Financial Officer

Docketed

CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

In the Matter of

Case No.: 1 0-042-1A- WC

JR CONSTRUCTION SUPPORT

SERVICES, LLC.

---------_-.:/

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, the Amended Order of Penalty

Assessment, the 2nd Amended Order of Penalty Assessment, the 3rd Amended Order of Penalty

Assessment, the Petitions received from JR CONSTRUCTION SUPPORT SERVICES, LLC.,

the Motions to Withdraw Petition for a Hearing, and the Orders Closing File, and being

otherwise fully advised in the premises, hereby finds that:

FINDINGS OF FACT

1. On February 2, 2010, the Department issued a Stop-Work Order and Order of

Penalty Assessment to JR CONSTRUCTION SUPPORT SERVICES, LLC.

2. On February 2, 2010, the Stop-Work Order and Order of Penalty Assessment was

personally served on JR CONSTRUCTION SUPPORT SERVICES, LLC. 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 February 18, 2010, the Department issued an Amended Order of Penalty

Assessment in Division of Workers' Compensation Case No. 10-042-1A to JR

CONSTRUCTION SUPPORT SERVICES, LLC. The Amended Order of Penalty Assessment

assessed a total penalty of $58,304.66 against JR CONSTRUCTION SUPPORT SERVICES,

LLC.

4. On February 18,2010, the Amended Order of Penalty Assessment was personally

served on JR CONSTRUCTION SUPPORT SERVICES, LLC. A copy of the Amended Order

of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.

5. On March 10,2010, JR CONSTRUCTION SUPPORT SERVICES, LLC filed a

request for Administrative Review ("Petition"), requesting review of the Amended Order of

Penalty Assessment. The petition for administrative review was forwarded to the Division of

Administrative Hearings on March 25, 2010, and the matter was assigned DOAH Case No. 10­

1607. A copy of the Petition is attached hereto as "Exhibit C" and incorporated herein by

reference.

6. On October 1,2010, JR CONSTRUCTION SUPPORT SERVICES, LLC filed a

Motion to Withdraw Petition for a Hearing. A copy of the Motion to Withdraw Petition is

attached hereto as "Exhibit D" and incorporated herein by reference.

7. On October 1,2010, the Administrative Law Judge issued an Order Closing File.

A copy of the Order Closing File is attached hereto as "Exhibit E" and incorporated herein by

reference.

8. On January 6, 2011, the Department issued a 2nd Amended Order of Penalty

Assessment in Division of Workers' Compensation Case No. IO-042-IA to JR

CONSTRUCTION SUPPORT SERVICES, LLC.

9. On January 7, 2011, the 2nd Amended Order of Penalty Assessment was served

by personal service on JR CONSTRUCTION SUPPORT SERVICES, LLC. A copy of the 2nd

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

by reference.

10. On January 26,2011, JR CONSTRUCTION SUPPORT SERVICES, LLC filed a

request for Administrative Review ("Petition"), requesting review of the 2nd Amended Order of

Penalty Assessment. The petition for administrative review was forwarded to the Division of

Administrative Hearings on February 8, 2011, and the matter was assigned DOAH Case No. 11­

0591. A copy of the Petition is attached hereto as "Exhibit G" and incorporated herein by

reference.

11. On September 26, the Department issued a3 rd Amended Order of Penalty

Assessment in Division of Workers' Compensation Case No. 10-042-1A to JR

CONSTRUCTION SUPPORT SERVICES, LLC. The 3 nd Amended Order of Penalty

Assessment assessed a total penalty of $1,000.00 against JR CONSTRUCTION SUPPORT

SERVICES, LLC.

12. On September 27, 2011, the 3 nd Amended Order of Penalty Assessment was

served by U.S. Mail on JR CONSTRUCTION SUPPORT SERVICES, LLC. A copy of the 3 nd

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

by reference.

13. On September 27, 2011, JR CONSTRUCTION SUPPORT SERVICES, LLC

filed a Motion to Withdraw Petition for a Hearing. A copy of the Motion to Withdraw Petition is

attached hereto as "Exhibit I" and incorporated herein by reference.

14. On September 28, 2011, the Administrative Law Judge issued an Order Closing

File. A copy of the Order Closing File is attached hereto as "Exhibit J" and incorporated herein

by reference.

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

Assessment, issued on February 2, 2010, the Amended Order of Penalty Assessment, issued on

February 18,2010, the Motion to Withdraw Petition for a Hearing, filed on October 1,2010, the,

the 2nd Amended Order of Penalty Assessment, issued in January 6, 2011, the Order Closing

File, issued on October J, 2010, the Motion to Withdraw Petition for a Hearing, issued

September 27, 2011, the 3rd Amended Order of Penalty Assessment issued September 26,2011,

and the Order Closing File, issued September 28, 2011, and which are fully incorporated herein

by reference, are adopted as the Department's Findings of Fact in this matter.

CONCLUSIONS OF LAW

The conclusions of law contained in the Stop- Work Order and Order of Penalty

Assessment, issued on February 2, 2010, the Amended Order of Penalty Assessment, issued on

February 18,2010, the Motion to Withdraw Petition for a Hearing, filed on October 1,2010, the,

the 2nd Amended Order of Penalty Assessment, issued in January 6, 2011, the Order Closing

File, issued on October 1, 2010, the Motion to Withdraw Petition for a Hearing, issued

September 27, 2011, the 3rd Amended Order of Penalty Assessment issued September 26, 2011,

and the Order Closing File, issued September 28, 2011, and which are fully incorporated herein

by reference, are adopted as the Department's Conclusions of Law in this matter.

IT IS HEREBY ORDERED that

a. JR CONSTRUCTION SUPPORT SERVICES, LLC shall immediately pay the

total penalty of $1,000.00, in full, to the DEPARTMENT OF FINANCIAL SERVICESfor

deposit into the Workers' CompensationAdministration Trust Fund.

b. JR CONSTRUCTION SUPPORT SERVICES, LLC 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 3rd Amended Order of Penalty Assessment. The Department

shall not issue an Order releasing the Stop-Work Order and 3rd Amended Order of Penalty

Assessment until JR CONSTRUCTION SUPPORT SERVICES, LLC has come into compliance

with the coverage requirements of Chapter 440, Florida Statutes.

DONE AND ORDERED on of Ch+o\\.u.A ,2011.

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 the person(s) listed below, on this 9.tp

\\om. """,\\We

Paige oemaker

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 to:

YAW AKUOKO,ESQ.

2003 APALACHEE PARKWAY, SUITE 110

TALLAHASSEE, FLORIDA 32301