11-000345 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Maha Zikra, M.D., Diabetes And Endocrine Society Of Florida Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, April 29, 2011.

FILED

JUN 062011 001086

Chief Financial Officer

Docketed by: yLi>J3

CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

INTHE MATTER OF:

CASENO.: 10-388-D4-0PA-WC

DIABETES AND ENDOCRINE

CENTER OF FLORIDA, P.A.

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

FINAL ORDER

THIS PROCEEDING cameonforfinalagency action and Jeff Atwater, Chief FinancialOfficer

of theState of Florida,orhisdesignee, having considered therecordinthiscase, including the Petition

received from DIABETES AND ENDOCRINE CENTER OFFLORIDA,P.A.,aswellastheOrder of

PenaltyAssessment,andbeing otherwise fully advised inthepremises,herebyfindsthat:

FINDINGSOFFACT

1.On December 21,2010, the Department of FinancialServices, Division of Workers'

Compensation (hereinafter "Department") issuedan Order of Penalty Assessment in Division of

Workers' Compensation CaseNo. 10-388-D4-0PA toDIABETESAND ENDOCRINE CENTER OF

FLORIDA, P.A.foratotal assessed penalty of$2,994.1 O. TheOrder of PenaltyAssessmentincludeda

Notice of Rights wherein DIABETES AND ENDOCRINE CENTER OFFLORIDA,P.A.wasadvised

thatanyrequestforan administrative proceeding tochallengeorcontesttheOrder of Penalty

Assessment mustconformtoRule 28-106.2015, Florida Administrative Code.

2.On December 23,2010, theOrder of PenaltyAssessmentwasservedbycertifiedmailon

DIABETESAND ENDOCRINE CENTER OF FLORIDA, P.A.Acopy of theOrder of Penalty

Assessment with Proof of Serviceis attached heretoas "Exhibit 1"and incorporated herein by

reference.

3.On January 11,2011, DIABETES AND ENDOCRINE CENTER OF FLORIDA, P.A.

fileda Petition for Administrative Review Hearing ("Petition") withthe Department. The petition for

administrative review was forwarded tothe Division of Administrative Hearings on January 20,2011,

andthe matter was assigned DOAH CaseNo.11-0345.Acopy of the petition is attached heretoas

"Exhibit 2"and incorporated herein by reference.

4.On February 18,2011,the Respondent filedwith DOAH a Notice of Voluntary

Dismissal/Satisfaction of Penalty Assessment andalsosentthe Department a certified check for

$2,994.10.Thecheckwas received bythe Department's investigator and deposited intothe Workers'

Compensation Trust Fund on Monday, February 17,2011.Acopy of the Notice of Voluntary

Dismissal/Satisfaction of Penalty Assessment isattachedheretoas "Exhibit 3"and incorporated herein

by reference.

5.OnApril29,2011,the Department received from DOAH acopy of an Order

Relinquishing Jurisdiction and Closing File.Acopy of the Order Relinquishing Jurisdiction and

Closing Fileis attached hereto as "Exhibit 4"and incorporated herein by reference

6.Thefactual allegations contained intheOrder of Penalty Assessment, issued on

December 21,2010,arefully incorporated hereinby reference, andare adopted asthe Department's

Findings of Factinthismatter.

CONCLUSIONS OF LAW

7.The conclusions of law contained intheOrder of Penalty Assessment, issued on

December 21,2010, which arefully incorporated herein by reference, are adopted asthe Department's

Conclusions of Lawinthismatter.

ITIS HEREBY ORDERED that

a.TheOrder of Penalty Assessment againstDIABETES ANDENDOCRINE CENTER

OF FLORIDA, P.A. issued on December 21,2010 isaffirmed;and

b.DIABETESANDENDOCRINECENTEROFFLORIDA,P.A.hasmadefull

paymentintheamount of $2,994.10totheDepartment of FinancialServicesfordepositintothe

Workers'CompensationAdministrationTrustFund.

DONE AND ORDERED onthis it of 0J/J1 rl

E.TannerHolloman

Director,Division of Workers' Compensation

NOTICE OF RIGHTS

Anypartytothese proceedings adversely affectedbythisOrderisentitledtoseekreview of this

Order pursuant toSection120.68, Florida Statutes,and Florida Rule of AppellateProcedure9.110.

Review proceedings mustbe instituted byfilinga Notice of Appeal withJulieJones,DFSAgency

Clerk, Department of Financial Services,Room612LarsonBuilding,200EastGainesStreet,

Tallahassee, Florida, 32399-0390 andacopy of theNotice of Appeal,acopy of thisOrderandfilingfee

withthe appropriate DistrictCourt of Appeal within thirty(30)days of rendition of thisOrder.

I•

CERTIFICATE OF SERVICE

I HEREBY CERTIFY thatatrueand correct copy of theforegoinghas been sentviaU.S.

MailtoGeraldZnosko,Esq., Attorney for Respondent, at O. Box 941389, Maitland, Florida

32794-1389, this day of ijU/LA...i ,2011.

RCo

Florida B

Assistant eneral Counsel

Department of FinancialServices

Division of LegalServices

200 E.GainesStreet

Tallahassee, FL 32399-4229

850413-1606

850922-7270 (fax)