11-002470 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Sonny Sammy Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 11, 2011.

fiLED

SEP 12 2011 003250

Chief Financial Officer

Docketed

CHIEF FINANCIAL OFFICER

JEFF STATE ATWATER OF FLORIDA

IN THE MATTER OF: Case No.: 09-186-D2-WC

SONNY SAMMY

________________ 1

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 request for administrative hearing received from SONNY SAMMY, the Stop-Work

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

Amended Order of Penalty Assessment, and being otherwise fully advised in the premises,

hereby finds that:

1. On September 16, 2009, 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. 09-186-D2 to SONNY

SAMMY. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights

wherein SONNY SAMMY 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, and must conform to Rule 28-

106.2015, Florida Administrative Code.

2. On September 16,2009, the Stop-Work Order and Order of Penalty Assessment

was served by personal service on SONNY SAMMY. 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 October 13, 2009, the Department issued an Amended Order of Penalty

Assessment to SONNY SAMMY. The Amended Order of Penalty Assessment assessed a total

penalty of $71,862.00 against SONNY SAMMY. The Amended Order of Penalty Assessment

included a Notice of Rights wherein SONNY SAMMY 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, and must conform

to Rule 28-106.2015, Florida Administrative Code.

4. On October 23, 2009, the Amended Order of Penalty Assessment was served by

personal service on SONNY SAMMY. A copy of the Amended Order of Penalty Assessment is

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

5. On December 21, 2009, the Department issued a2 nd Amended Order of Penalty

Assessment to SONNY SAMMY. The 2 nd Amended Order of Penalty Assessment was issued in

order to make a correction to the Federal Employer Identification Number (FEIN). The 2 nd

Amended Order of Penalty Assessment included a Notice of Rights wherein SONNY SAMMY

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 in accordance with Sections 120.569 and 120.57,

Florida Statutes, and must conform to Rule 28-106.2015, Florida Administrative Code.

6. On December 22, 2009, the 2 nd Amended Order of Penalty Assessment was

served by personal service on SONNY SAMMY. A copy of the 2 nd Amended Order of Penalty

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

7. On December 21, 2009, SONNY SAMMY timely filed a request for

administrative hearing ("Petition") with the Department. The Petition was forwarded to the

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

Case No. 11-2470. A copy of the petition is attached hereto as "Exhibit D" and incorporated

herein by reference.

8. On May 24, 2011, the Department served by overnight courier its First

Interlocking Discovery Request ("discovery requests") which included requests for admissions,

interrogatories, and requests for production on Respondent. Respondent was required to serve its

answers upon the Department within 30 days pursuant to Rules 1.340(a), 1.350(b), and 1.370(a),

Florida Rules of Civil Procedure. However, pursuant to Rule 128-106.103, Florida

Administrative Code, "One business day shall be added when service is made by overnight

courier." Therefore, Respondent was required to respond to the discovery on or before June 24,

2011.

9. On June 27, 2011, the Department filed a Motion to Deem Matters Admitted and

to Relinquish Jurisdiction Pursuant to Section 120.57(1), Florida Statutes after having not

received any answer from Respondent to the Department's discovery requests. On July 20, 2011,

the Administrative Law Judge entered an Order denying the motion without prejudice stating

that the "requisite record for granting the requested relief has not been established" due to the

Department's failure to attach or separately file the Requests for Admission served on

Respondent.

10. On July 20, 2011, the Department filed its Notice of Filing Requests for

Admission and included all requests for admission that were propounded on Respondent on May

24,2011.

11. On August 11, 2011, the Administrative Law Judge issued an Order Deeming

Matters Admitted and Relinquishing Jurisdiction which relinquished jurisdiction of the matter to

the Department for final disposition. A copy of the Order Deeming Matters Admitting and

Relinquishing Jurisdiction is attached hereto as "Exhibit E" and incorporated herein by

reference.

FINDINGS OF FACT

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

Assessment issued on September 16,2009, the Amended Order of Penalty Assessment issued on

October 13, 2009, and the 2 nd Amended Order of Penalty Assessment issued on December 21,

2009, attached as "Exhibit A," "Exhibit B," and "Exhibit C" respectively, and fully incorporated

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

CONCLUSIONS OF LAW

13. The Department has jurisdiction over the subject matter of and the parties to this

matter pursuant to Chapter 440, Florida Statutes.

14. Based upon the Findings of Fact adopted herein, the Department concludes that

SONNY SAMMY violated the specific statutes and rulesalleged in the Stop-Work Order and

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

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

PENALTY IMPOSED

15. The Order Deeming Matters Admitted and Relinquishing Jurisdiction from the

Division of Administrative Hearings, the Stop-Work Order and Order of Penalty Assessment, the

Amended Order of Penalty Assessment, and 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 as set forth herein.

IT IS THEREFORE ORDERED that:

a. SONNY SAMMY shall immediately pay the totalpenalty of$71,862.00 in full to

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

Trust Fund;

b. SONNY SAMMY 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 of Penalty Assessment until SONNY SAMMY has come into compliance with

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

$71,862.00 to the Department.

DONE AND ORDERED on this ,1Clay of ,2011.

E. nner Holloman

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 l'92,o¥- day of ,2011.

Ja ila G.

Florida Bar No. 46740

Assistant General Counsel

Department of Financial Services

Division of Legal Services

200 E. Gaines Street

Tallahassee, FL 32399-4229

850-413-1606

850-413-1978 (fax)

Copies to:

Glenn Farinacci, JD

1730 S. Federal Hwy., Ste. 208

Delray Beach, FL 33483