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11-002792 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Wayne Fontan, D/B/A Wayne's Window Company
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 13, 2011.

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1.. _-------_. __ ._--

5fiLED

6OCT 25 2011 003319

10Chief Financ:ai Officer

13Docketed by:

15CHIEF FINANCIAL OFFICER

18JEFF ATWATER

20STATE OF FLORIDA

23IN THE MATTER OF:

27CASE NO.: 09-203-D3-WC

30WAYNE FONTAN D/B/A

33WAYNE'S WINDOW COMPANY

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

37FINAL ORDER

39THIS PROCEEDING came on for final agency action and Jeff Atwater, Chief Financial

52Officer of the State of Florida, or his designee, having considered the record in this case, including

69the Petition received from WAYNE FONT AN D/B/A WAYNE'S WINDOW COMPANY, as well

82as the Stop-Work Order for Specific Worksite Only and Order of Penalty Assessment, the Amended

97Order of Penalty Assessment, the 2 nd Amended Order of Penalty Assessment, and the 3 rd Amended

114Order of Penalty Assessment, and being otherwise fully advised in the premises, hereby finds that:

129FINDINGS OF FACT

1321. On July 28, 2009, the Department of Financial Services, Division of Workers'

145Compensation (hereinafter "Department") issued a Stop-Work Order for Specific Worksite Only

157and Order of Penalty Assessment in Division of Workers' Compensation Case No. 09-203-D3 to

171WAYNE FONTAN D/B/A WAYNE'S WINDOW COMPANY. The Stop-Work Order for

181Specific Worksite Only and Order of Penalty Assessment included a Notice of Rights wherein

195WAYNE FONTAN D/B/A WAYNE'S WINDOW COMPANY was advised that any request for an

208administrative proceeding to challenge or contest the Stop-Work Order for Specific Worksite Only

221and Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Stop-

238Work Order for Specific Worksite Only and Order of Penalty Assessment in accordance with

252Sections 120.569 and 120.57, Florida Statutes, and must conform to Rule 28-106.2015, Florida

265Administrative Code.

2672. On July 28, 2009, the Stop-Work Order for Specific Worksite Only and Order of

282Penalty Assessment was served by personal service on WAYNE FONT AN D/B/A WAYNE'S

295WINDOW COMPANY. A copy of the Stop-Work Order for Specific Worksite Only and Order of

310Penalty Assessment is attached hereto as "Exhibit N' and incorporated herein by reference.

3233. On September 1, 2009, the Department issued an Amended Order of Penalty

336Assessment to WAYNE FONTAN D/B/A WAYNE'S WINDOW COMPANY. The Amended

346Order of Penalty Assessment assessed a total penalty of $32,022.75 against WAYNE FONTAN

360D/B/A WAYNE'S WINDOW COMPANY. The Amended Order of Penalty Assessment included a

372Notice of Rights wherein WAYNE FONTAN D/B/A WAYNE'S WINDOW COMPANY was

383advised that any request for an administrative proceeding to challenge or contest the Amended

397Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Amended

413Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes, and

427must conform to Rule 28-106.2015, Florida Administrative Code.

4354. On June 15,2010, the Amended Order of Penalty Assessment was served by process

450server on WAYNE FONT AN D/B/A WAYNE'S WINDOW COMPANY. A copy of the Amended

464Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.

4795. On August 10, 2009, WAYNE FONTAN D/B/A WAYNE'S WINDOW

489COMP ANY filed a Petition for Administrative Review Hearing ("Petition") with the Department.

504On or about September 7, 2010, Counsel for the Respondent filed a supplemental Petition with the

520Department. This· second petition for administrative review was forwarded to the Division of

533Administrative Hearings on June 2,2011, and the matter was assigned DOAH Case No. 11-2792. A

549copy of the petitions are attached hereto as composite "Exhibit C" and incorporated herein by

564reference.

5656. On November 8, 2010, the Department issued a2 nd Amended Order of Penalty

579Assessment to WAYNE FONTAN D/B/A WAYNE'S WINDOW COMPANY. The 2 nd Amended

591Order of Penalty Assessment assessed a total penalty of $28,085.27 against WAYNE FONTAN

605D/B/A WAYNE'S WINDOW COMPANY. The 2 nd Amended Order of Penalty Assessment

617included a Notice of Rights wherein WAYNE FONTAN D/B/A WAYNE'S WINDOW

628COMPANY was advised that any request for an administrative proceeding to challenge or contest

642the 2 nd Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt

659of the 2 nd Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57,

675Florida Statutes, and must conform to Rule 28-106.2015, Florida Administrative Code.

6867. On December 9,2010, the 2 nd Amended Order of Penalty Assessment was served by

702certified mail on WAYNEFONT AN D/B/A WAYNE'S WINDOW COMPANY. A copy of the 2 nd

717Amended Order of Penalty Assessment is attached hereto as "Exhibit D" and incorporated herein by

732reference.

7338. On September 7, 2011, the Department issued a3 rd Amended Order of Penalty

747Assessment to WAYNE FONTAN D/B/A WAYNE'S WINDOW COMPANY. The 3 rd Amended

759Order of Penalty Assessment assessed a total penalty of $27,772.17 against WAYNE FONTAN

773D/B/A WAYNE'S WINDOW COMPANY. The 3 rd Amended Order of Penalty Assessment

785included a Notice of Rights wherein WAYNE FONTAN D/B/A WAYNE'S WINDOW

796COMPANY was advised that any request for an administrative proceeding to challenge or contest

810the 3 rd Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt

827of the 3 rd Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57,

843Florida Statutes, and must conform to Rule 28-106.2015, Florida Administrative Code.

8549. On October 4,2011, the Petitioner and Respondent came to a Settlement Agreement.

868The Settlement Agreement is attached hereto as "Exhibit E" and incorporated herein by reference.

88210. On October 13,2011, the AdministrativeLaw Judge issued an Order Closing File. A

896copy of the Order Closing File is attached hereto as "Exhibit F" and incorporated. herein by

912reference.

91311. On October 18, 2011, the 3 rd Amended Order of Penalty Assessment was served by

929the Department via facsimile on WAYNE FONTAN D/B/A WAYNE'S WINDOW COMPANY.

940Service was accepted by Mr. AJ Alvarez, Attorney for Respondent. A copy of the 3 rd Amended

957Order of Penalty Assessment is attached hereto as "Exhibit G" and incorporated herein by

971reference.

972CONCLUSIONS OF LAW

97512. The conclusions of law contained in the Stop-Work Order for Specific Worksite

988Only and Order of Penalty Assessment, issued on July 28, 2009, the Amended Order of Penalty

1004Assessment, issued on September 1, 2009, the 2 nd Amended Order of Penalty Assessment issued on

1020November 8, 2010, and the 3 rd Amended Order of Penalty Assessment, issued on September 7,

10362011, and which are fully incorporated herein by reference, are adopted as the Department's

1050Conclusions of Law in this matter.

1056IT IS HEREBY ORDERED that

1061a. The Stop- Work Order for Specific Worksite Only and Order of Penalty

1074Assessment, issued on July 28, 2009, the Amended Order of Penalty Assessment, issued on

1088September 1, 2009, the 2 nd Amended Order of Penalty Assessment, issued on November 8, 2010,

1104and the 3 rd Amended Order of Penalty Assessment, issued on September 7,2011, are affirmed; and

1121b. WAYNE FONTAN D/B/A WAYNE'S WINDOW COMPANY shall pay the

1131total penalty of $27,772.17 in full to the Department of Financial Services for deposit into the

1148Workers' Compensation Administration Trust Fund.

1153c. WAYNE FONTAN D/B/A WAYNE'S WINDOW COMPANY shall not

1162conduct any business operations at 8456 Creedmoor Lane, New Port Richey, Florida unless and

1176until the full amount of the penalty has been paid and WAYNE FONTAN D/B/A WAYNE'S

1191WINDOW COMPANY has shown the Department proof of current compliance with Chapter 440,

1204Florida Statutes.

1206DONE AND ORDERED on this of ,20_I_L

1213Director, Division of Workers' Compensation

1218NOTICE OF RIGHTS

1221Any party to these proceedings adversely affected by this Order is entitled to seek review of

1237this Order pursuant to Section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure

12519.110. Review proceedings must be instituted by filing a Notice of Appeal with Julie Jones, DFS

1267Agency Clerk, Department of Financial Services, Room 612 Larson Building, 200 East Gaines

1280Street, Tallahassee, Florida, 32399-0390 and a copy of the Notice of Appeal, a copy of this Order

1297and filing fee with the appropriate District Court of Appeal within thirty (30) days of rendition of

1314this Order.

1316SIGNATURE OF ATTORNEY AND CERTIFICATE OF SERVICE

1323I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via u.s. Mail to

1341Wayne Fontan at 17569 Cedarwood Loop, Lutz, Florida 33558 on this of

1353OC1±0lu;) , 2011.

1356Ry Co

1358Florida ar No. 6164

1362Assistan General Counsel

1365Departm nt of Financial Services

1370Division of Legal Services

1374200 E. Gaines Street

1378Tallahassee, FL 32399-4229

1381850413-1606

1382850 922-7270 (fax)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/26/2011
Proceedings: (Agency) Final Order filed.
PDF:
Date: 10/25/2011
Proceedings: Agency Final Order
PDF:
Date: 10/13/2011
Proceedings: Order Closing File. CASE CLOSED.
PDF:
Date: 10/12/2011
Proceedings: Notice of Settlement filed.
PDF:
Date: 09/12/2011
Proceedings: Amended Notice of Hearing by Video Teleconference (hearing set for November 1, 2011; 9:00 a.m.; Tampa and Tallahassee, FL; amended as to change to video hearing).
PDF:
Date: 09/07/2011
Proceedings: Order Re-scheduling Hearing (hearing set for November 1, 2011; 9:00 a.m.; Tampa, FL).
PDF:
Date: 09/02/2011
Proceedings: Status Report filed.
PDF:
Date: 08/23/2011
Proceedings: Order Granting Continuance (parties to advise status by September 2, 2011).
PDF:
Date: 08/18/2011
Proceedings: Stipulated Motion to Continue Administrative Hearing filed.
PDF:
Date: 07/22/2011
Proceedings: Wayne Fontan d/b/a Wayne's Window Company's Response to Petitioner Department of Financial Services Division of Workers' Compensation First Interlocking Discovery Requests filed.
PDF:
Date: 06/22/2011
Proceedings: Notice and Certificate of Serving Petitioner's First Interlocking Discovery Requests filed.
PDF:
Date: 06/09/2011
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/09/2011
Proceedings: Notice of Hearing by Video Teleconference (hearing set for September 13, 2011; 9:00 a.m.; Tampa and Tallahassee, FL).
PDF:
Date: 06/09/2011
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 06/03/2011
Proceedings: Initial Order.
PDF:
Date: 06/02/2011
Proceedings: 2nd Amended Order of Penalty Assessment filed.
PDF:
Date: 06/02/2011
Proceedings: Amended Order of Penalty Assessment filed.
PDF:
Date: 06/02/2011
Proceedings: Stop-work Order for Specific Worksite Only filed.
PDF:
Date: 06/02/2011
Proceedings: Agency referral filed.
PDF:
Date: 06/02/2011
Proceedings: Employer's Petition Requesting Review of Stop-work Order and Request for Reduction of Fine filed.

Case Information

Judge:
R. BRUCE MCKIBBEN
Date Filed:
06/02/2011
Date Assignment:
06/03/2011
Last Docket Entry:
10/26/2011
Location:
Tampa, Florida
District:
Middle
Agency:
Other
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (4):

Related Florida Rule(s) (1):