11-003850
Department Of Financial Services, Division Of Workers&Apos; Compensation vs.
Manuel Valdez
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 29, 2011.
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 29, 2011.
1FILED
2OCT 14 2011 003356
6Chief Financial Officer
9Docketed by:
11CHIEF FINANCIAL OFFICER I·· S ;
16JEFF ATWATER
18STATE OF FLORIDA
21IN THE MATTER OF:
25CASE NO.: 11-002-D7-WC
28MANUEL VALDEZ
30____________ -..:1
32FINAL ORDER
34THIS PROCEEDING came on for final agency action and Jeff Atwater, Chief Financial Officer
48of the State of Florida, or his designee, having considered the record in this case, including the Petition
66received from MANUEL V ALDEZ, as well as the Stop-Work Order and Order of Penalty Assessment,
82and the Amended Order of Penalty Assessment and being otherwise fully advised in the premises,
97hereby finds that:
100FINDINGS OF FACT
1031. On January 4, 2011, the Department of Financial Services, Division of Workers'
116Compensation (hereinafter "Department") issued a Stop-Work Order and Order of Penalty Assessment
129in Division of Workers ' Compensation Case No. 11-002-D7 to MANUEL VALDEZ. The Stop-Work
143Order and Order of Penalty Assessment included a Notice of Rights wherein MANUEL VALDEZ was
158advised that any request for an administrative proceeding to challenge or contest the Stop-Work Order
173and Order of Penalty Assessment must conform to Rule28-106.2015, Florida Administrative Code.
1852. On January 14, 2011, the Stop-Work Order and Order of Penalty Assessment was
199served on MANUEL VALDEZ via certified mail. A copy of the Stop-Work Order and Order of
215Penalty Assessment is attached hereto as "Exhibit 1" and incorporated herein by reference.
2283. On February 2,2011, the Department issued an Amended Order of Penalty Assessment
242to MANUEL V ALDEZ. The Amended Order of Penalty Assessment assessed a total penalty of
257$42,521.76 against MANUEL VALDEZ. The Amended Order of Penalty Assessment included a
270Notice of Rights wherein MANUEL VALDEZ was advised that any request for an administrative
284proceeding to challenge or contest the Amended Order of Penalty Assessment must conform to Rule
29928-106.2015, Florida Administrative Code.
3034. On February 14, 2011, the Amended Order of Penalty Assessment was served via
317process server on MANUEL VALDEZ. A copy of the Amended Order of Penalty Assessment and
332Proof of Service is attached hereto as "Exhibit 2" and incorporated herein by reference.
3465. On February 18,2011, MANUEL VALDEZ filed a Petition for Administrative Review
359Hearing ("Petition") with the Department. The petition for administrative review was forwarded to the
375Division of Administrative Hearings on August 1,2011, and the matter was assigned DOAH Case No.
39111-3850. A copy of the petition is attached hereto as "Exhibit 3" and incorporated herein by reference.
4086. On September 7, 2011, the Petitioner filed with DOAH a Motion to Deem Matters
423Admitted and to Relinquish Jurisdiction Pursuant to Section 120.57 (1 )(i), Florida Statutes. A copy of
439the Motion to Deem Matters Admitted and to Relinquish Jurisdiction Pursuant to Section 120.57 (1 )(i),
455Florida Statutes is attached hereto as "Exhibit 4" and incorporated herein by reference.
4687. On September 29, 2011, the Department a received copy of an Order granting
482Petitioner's Motion to Deem Matters Admitted and to relinquishing jurisdiction pursuant to Section
495120.57 (1 )(i), Florida Statutes. A copy of the Order Relinquishing Jurisdiction and Closing File is
511attached hereto as "Exhibit 5" and incorporated herein by reference.
5218. The factual allegations contained in the Stop-Work Order and Order of Penalty
534Assessment, and the Amended Order of Penalty Assessment issued January 4,2011 and February 2,
5492011, respectively, are fully incorporated herein by reference, and are adopted as the Department's
563Findings of Fact in this matter.
569CONCLUSIONS OF LAW
5729. The conclusions of law contained in the Stop-Work Order and Order of Penalty
586Assessment, and the Amended Order of Penalty Assessment issued January 4, 2011 and February 2,
6012011, respectively, which are fully incorporated herein by reference, are adopted as the Department's
615Conclusions of Law in this matter.
621IT IS HEREBY ORDERED that
626a. The Stop-Work Order and Order of Penalty Assessment and the Amended Order of
640Penalty Assessment against MANUEL VALDEZ issued on January 4,2011 and February 2,2011,
654respectively, are affirmed; and
658b. MANUEL VALDEZ shall immediately pay the total penalty of $42,521.76 in
671full to the Department of Financial Services for deposit into the Workers' Compensation Administration
685Trust Fund.
687c. MANUEL V ALDEZ shall immediately cease all business operations until such time
700as the Department issues an order releasing the Stop-Work Order and Order of Penalty Assessment.
715The Department shall not issue an Order releasing the Stop-Work Order and Order of Penalty
730Assessment until MANUEL V ALDEZ has come into compliance with the coverage requirements of
744Chapter 440, Florida Statutes, and has paid the total penalty of $42,521.76 to the Department.
760DONE AND ORDERED on this of Oofdu./\\ ,20_H_.
768.....
769Director, Division of Workers' Compensation
774NOTICE OF RIGHTS
777Any party to these proceedings adversely affected by this Order is entitled to seek review of this
794Order pursuant to Section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.110.
808Review proceedings must be instituted by filing a Notice of Appeal with Julie Jones, DFS Agency
824Clerk, Department of Financial Services, Room 612 Larson Building, 200 East Gaines Street,
837Tallahassee, Florida, 32399-0390 and a copy of the Notice of Appeal, a copy of this Order and filing fee
856with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order.
872CERTIFICATE OF SERVICE
875I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via U.S.
892Mail to Manuel Valdez, 1809 51 st Street, SW, Naples, Florida 34116 this of
906Ry Cox
908Florida Bar 0.61647
911Assistant Ge eral Counsel
915Department of Financial Services
919Division of Legal Services
923200 E. Gaines Street
927Tallahassee, FL 32399-4229
930850413-1606
931850 922-7270 (fax)
![](/images/view_pdf.png)
- Date
- Proceedings
-
PDF:
- Date: 10/03/2011
- Proceedings: Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits to the agency.
-
PDF:
- Date: 09/28/2011
- Proceedings: Renewed Motion to Deem Matters Admitted and to Relinquish Jurisdiction Pursuant to Section 120.57(1)(i), Florida Statutes filed.
- Date: 09/23/2011
- Proceedings: Department's Exhibit List (exhibits not available for viewing)
-
PDF:
- Date: 09/07/2011
- Proceedings: Motion to Deem Matters Admitted and to Relinquish Jurisdiction Pursuant to Section 120.57(1)(i), Florida Statutes filed.
-
PDF:
- Date: 08/09/2011
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for October 3, 2011; 9:30 a.m.; Fort Myers and Tallahassee, FL).
Case Information
- Judge:
- LYNNE A. QUIMBY-PENNOCK
- Date Filed:
- 08/01/2011
- Date Assignment:
- 08/01/2011
- Last Docket Entry:
- 10/17/2011
- Location:
- Fort Myers, Florida
- District:
- Middle
- Agency:
- Other
Counsels
-
Ryan Cedrone Cox, Esquire
Address of Record -
Manuel Valdez
Address of Record