11-002466 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Philip's Parking Lot Maintenance, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 13, 2011.

FILED

AUG 24 2011 003 15 0

Chief Financial Officer ...

Docketed by: <>

CHIEF FINANCIAL REPRESENTING OFFICER

JEFF ATWATER

STATE OF FLORIDA

IN THE MATTER OF:

Case Number: 09-236-1A-WC

PHILIP'S PARKING LOT MAINTENANCE, 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 2nd Amended Order of Penalty Assessment, the Petition for Hearing, the

Withdrawal of Petition, and the Order Relinquishing Jurisdiction and Closing File served in

Division of Workers' Compensation Case No. 09-236-1A, and being otherwise fully advised in

the premises, hereby finds that:

1. On August 26,2009, the Department issued a Stop-Work Order and Order of

Penalty Assessment to PHILIP'S PARKING LOT MAINTENANCE, INC.

2. On August 26, 2009, the Stop-Work Order and Order of Penalty Assessment was

personally served on PHILIP'S PARKING LOT MAINTENANCE, 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 17,2009, the Department issued an Amended Order of Penalty

Assessment to PHILIP'S PARKING LOT MAINTENANCE, INC. The Amended Order of

Penalty Assessment assessed a total penalty in the amount of $17, 852.18.

4. On September 19,2009, the Amended Order of Penalty Assessment was served

by certified mail on PHILIP'S PARKING LOT MAINTENANCE, 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, 2009, PHILIP'S PARKING LOT MAINTENANCE, INC. filed a

Petition for Hearing ("Petition"), requesting review of the Stop-Work Order and Order of Penalty

Assessment and Amended Order of Penalty Assessment. The Petition was forwarded to the

Division of Administrative Hearings on May 17, 2011, and the matter was assigned DOAH Case

No. 11-2466. A copy of the Petition is attached hereto as "Exhibit C" and incorporated herein by

reference.

6. On December 1,2009, the Department issued a 2nd Amended Order of Penalty

Assessment to PHILIP'S PARKING LOTMAINTENANCE, INC. The 2nd Amended Order of

Penalty Assessment assessed a total penalty in the amount of $7, 667.51.

7. On February 10,2011, the 2nd Amended Order of Penalty Assessment was served

by certified mail on PHILIP'S PARKING LOT MAINTENANCE, INC. A copy of the 2nd

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

by reference.

8. On July 11,2011, PHILIP'S PARKING LOT MAINTENANCE, INC. submitted

a request to withdraw the Petition. A copy of the request to withdraw the Petition is attached

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

9. On July 13, 2011, the Administrative Law Judge issued an Order Relinquishing

Jurisdiction and Closing File. A copy of the Order Relinquishing Jurisdiction and Closing File is

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

FINDINGS OF FACT

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

Assessment issued on August 26,2009, the Amended Order of Penalty Assessment issued on

September 17, 2009, the 2nd Amended Order of Penalty Assessment issued on December 1,

2009, the request to withdraw the Petition submitted on July 11,2011, and the Order

Relinquishing Jurisdiction and Closing File issued on July 13,2011, which are fully incorporated

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

CONCLUSIONS OF LAW

11. Basedupon the Findings of Fact adopted herein, the DEPARTMENT concludes

that PHILIP'S PARKING LOT MAINTENANCE, INC. violated the specific statutes and rules

alleged in the Stop-Work Order and Order of Penalty Assessment, the Amended Order of

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

violation(s) charged in the Stop-Work Order and Order of Penalty Assessment, the Amended

Order of Penalty Assessment, and the 2nd Amended Order of Penalty Assessment as the

Conclusions of Law in this case.

PENALTY IMPOSED

12. The request to withdraw the Petition submitted in reference to the Stop-Work

Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, and the 2nd

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 as set forth herein.

IT IS THEREFORE ORDERED that:

a. PHILIP'S PARKING LOT MAINTENANCE, INC. shall immediately pay the

total penalty of $7,667.51, in full, to the DEPARTMENT OF FINANCIAL SERVICES for

deposit into the Workers' Compensation Administration Trust Fund; and

b. PHILIP'S PARKING LOT MAINTENANCE, 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 2nd Amended Order of Penalty Assessment. The

Department shall not issue an Order releasing the Stop-Work Order and 2nd Amended Order of

Penalty Assessment until PHILIP'S PARKING LOT MAINTENANCE, INC. has come into

compliance with the coverage requirements of Chapter 440, Florida Statues and has paid a total

penalty of$7,667.51 to the Department.

DONE and ORDERED this day __ , 2011.

(J

..-

E. Tanner Holloman

Director, Division of Workers' Compensation

NOTICE OF RlGHTS

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.

COPIES FURNISHED TO:

PHILIP'S PARKING LOT MAINTENANCE, INC.

C/O BRENT MARSHALL

ROUTE 1, BOX 101

MIDLAND CITY, ALABAMA 36350

LAWRENCE EATON

FLORIDA DEPARTMENT OF FINANCIAL SERVICES

BUREAU OF COMPLIANCE

BUSBY CENTRE

103-A LEWIS STREET

FT. WALTON BEACH, FLORIDA 32547

PAIGE SHOEMAKER

FLORIDA DEPARTMENT OF FINANCIAL SERVICES

DIVISION OF LEGAL SERVICES

200 EAST GAINES STREET

TALLAHASSEE, FLORIDA 32399-4229