10-010421 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. An And Ya Construction, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 28, 2011.

FILED

003111

JUL 29 2011

Chief Financial Officer

Docketed

CHIEF FINANCIAL REPRESENTING OFFICER

JEFF ATWATER

STATE OF FLORIDA

IN THE MATTER OF:

Case No.: 1O-34l-IA-WC

AN & YA CONSTRUCTION, INC.

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

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 Petition for Request of Hearing, and the Order Closing File, and being otherwise

fully advised in the premises, hereby finds that:

1. On August 23, 2010, 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. 1O-34l-IA to AN & YA

CONSTRUCTION, INC.

2. On August 23,2010, the Stop-Work Order and Order of Penalty Assessment was

personally served on AN & YA CONSTRUCTION, 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 September 13, 2010, the Department issued an Amended Order of Penalty

Assessment in Division of Workers' Compensation Case No. 1O-341-1A to AN & YA

CONSTRUCTION, INC. The Amended Order of PenaltyAssessment assessed a total penalty of

$75,724.80 against AN & YA CONSTRUCTION, INC.

4. On September 20, 2010, the Amended Order of Penalty Assessment was served

by certified mail on AN & YA CONSTRUCTION, INC. A copy of the Amended Order of

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

5. On October 8, 2010, AN & YA CONSTRUCTION, INC filed a Petition for

Request of Hearing ("Petition") with the Department in response to the Amended Order of

Penalty Assessment. A copy of the Petition is attached hereto as "Exhibit C" and incorporated

herein by reference.

6. On November 24, 2010, the Petition was forwarded to the Division of

Administrative Hearings and assigned DOAH Case No. 10-10421.

7. On April 28, 2011, an Order Closing File was entered in Division of

Administrative Hearings Case. No. 10-10421. A copy of the Order Closing File is attached

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

FINDINGS OF FACT

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

Assessment issued on August 23, 2010, the Amended Order of Penalty Assessment issued on

September 13, 2010, and the Order Closing File 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 AN &

YA CONSTRUCTION, 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 Order Closing File, taken together with 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. AN & YA CONSTRUCTION, INC. shall immediately pay the total penalty of

$75,724.80, in full, to the Department of Financial Services for deposit into the Workers'

Compensation Administration Trust Fund; and

b. AN & YA CONSTRUCTION, 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 theStop-WorkOrder and Amended Order

of Penalty Assessment until AN & YA CONSTRUCTION, INC. has come into

compliance with the coverage requirements of Chapter 440, Florida Statutes and has paid

a total penalty of$75,724.80 to the Department.

DONE AND ORDERED on this of ,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 Joseph M. Scheyd, Jr., Esq., 1221 Airport Road, Suite 209, Destin, Florida 32541, on this

day of -----'If""-l--"K'-oC' , 2011.

"- s

Paige S emaker

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

850 413-1978 (fax)

COPIES FURNISHED TO:

Joseph M. Scheyd, Jr., Esq.

1221 Airport Road, Suite 209

Destin, Florida 32541

Kali King

Division of Workers' Compensation

Bureau of Compliance

610 E. Burgess Road

Pensacola, Florida 32504-6320

Paige Shoemaker

Department of Financial Services

Division of Legal Services

200 East Gaines Street

Tallahassee, Florida 32399-4229