11-006178 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. William Keele, D/B/A, William Milton Keele Llc, A Dissolved Florida Limited Liability Company And William Milton Keele Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, April 30, 2012.

.. FILED

JUN 08 2012 000523

Chief Financial Officer

Docketed by: i. 4tH)

CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

IN THE MATTER OF:

WILLIAM KEELE, DBA, WILLIAM MILTON KEELE LLC,

A DISSOLVED FLORIDA LIMITED LIABILITY Case No.: 11-164-lA-WC

COMPANY AND WILLIAM MILTON KEELE LLC

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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 WILLIAM KEELE, DBA,

WILLIAM MIL TON KEELE LLC, A DISSOLVED FLORIDA LIMITED LIABILITY

COMPANY AND WILLIAM MILTON KEELE LLC, the Stop-Work Order and Order of

Penalty Assessment, the Amended Order of Penalty Assessment, the 3rd Amended Order of

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

1. On May 19,2011, 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. 11-164-lA to WILLIAM MILTON

KEELE LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY AND WILLIAM

MIL TON KEELE LLC. The Stop-Work Order and Order of Penalty Assessment included a

Notice of Rights wherein WILLIAM MIL TON KEELE LLC, A DIS SOL VED FLORIDA

LIMITED LIABILITY COMPANY AND WILLIAM MIL TON KEELE LLC 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 May 19,2011, the Stop-Work Order and Order of Penalty Assessment was

served by personal service on WILLIAM MIL TON KEELE LLC, A DISSOLVED FLORIDA

LIMITED LIABILITY COMPANY AND WILLIAM MILTON KEELE LLC. 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 June 2, 2011, the Department received an Election of Proceeding requesting

administrative review ("Petition") from WILLIAM KEELE, DBA, WILLIAM MIL TON

KEELE LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY AND WILLIAM

MIL TON KEELE LLC. A copy of the Petition is attached hereto as "Exhibit B" and

incorporated herein by reference.

4. On June 7, 2011, the Department issued an Amended Order of Penalty

Assessment to WILLIAM KEELE, DBA, WILLIAM MIL TON KEELE LLC, A DIS SOL VED

FLORIDA LIMITED LIABILITY COMPANY AND WILLIAM MIL TON KEELE LLC. The

Amended Order of Penalty Assessment amended the legal name of the employerto WILLIAM

KEELE, DBA, WILLIAMMILTON KEELE LLC, A DISSOLVEDFLORIDA LIMITED

LIABILITY COMPANY AND WILLIAM MIL TON KEELE LLC. The Amended Order of

Penalty Assessment assessed a total penalty of $43,256.29 against WILLIAM KEELE, DBA,

WILLIAM MILTON KEELE LLC, A DISSOLVED FLORIDA LIMITED LIABILITY

COMPANY AND WILLIAM MIL TON KEELE LLC. The Amended Order of Penalty

Assessment included a Notice of Rights wherein WILLIAM KEELE, DBA, WILLIAM

MIL TON KEELE LLC, A DIS SOL VED FLORIDA LIMITED LIABILITY COMPANY AND

WILLIAM MIL TON KEELE LLC 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 Sections120.569 and 120.57, Florida Statutes, and must conform to Rule 28­

106.2015, Florida Administrative Code.

5. On June 23, 2011, the Amended Order of Penalty Assessment was served by

certified mail on WILLIAM KEELE, DBA, WILLIAM MIL TON KEELE LLC, A DIS SOL VED

FLORIDA LIMITED LIABILITY COMPANY AND WILLIAM MILTON KEELE LLC. A

copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit C" and

incorporated herein by reference.

6. On July 13,2011, the Department received an amended Election of Proceeding

form ("Amended Petition") from WILLIAM KEELE, DBA, WILLIAM MIL TON KEELE LLC,

A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY AND WILLIAM MIL TON

KEELE LLC, and the matter was referred to the Division of Administrative Hearings and

assigned DOAH Case No. 11-6178. A copy of the Amended Petition is attached hereto as

"Exhibit D" and incorporated herein by reference.

7. Following issuance of subsequent Amended Orders of Penalty Assessment, on

February 17,2012, the Department issued a 3rd Amended Order of Penalty Assessment to

WILLIAM KEELE, DBA, WILLIAM MIL TON KEELE LLC, A DIS SOL VED FLORIDA

LIMITED LIABILITY COMPANY AND WILLIAM MIL TON KEELE LLC. The 3rd

Amended Order of Penalty assessed a total penalty of$4,708.85 against WILLIAM

KEELE, DBA, WILLIAM MILTON KEELE LLC, A DISSOLVED FLORIDA LIMITED

LIABILITY COMPANY AND WILLIAM MIL TON KEELE LLC. The 3rd Amended Order of

Penalty Assessment included a Notice of Rights wherein WILLIAM KEELE, DBA, WILLIAM

MILTON KEELE LLC, A DIS SOL VED FLORIDA LIMITED LIABILITY COMPANY AND

WILLIAM MIL TON KEELE LLC was advised that any request for an administrative

proceeding to challenge or contest the 3rd Amended Order of Penalty Assessment must conform

to Rule 28-106.2015, Florida Administrative Code.

8. On AprilS, 2012, the Department filed a Motion to Amend Order of Penalty

Assessment with the Division of Administrative Hearings in DOAH Case No. 11-6178. A copy

of the Department's Motion to Amend Order of Penalty Assessment together with the 3rd

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

by reference.

9. On April 18, 2012, the Administrative Law Judge issued an Order Granting

Motion to Amend Penalty Assessment in DOAH Case No. 11-6178. The Order Granting Motion

to Amend Penalty Assessment is attached hereto as "Exhibit F" and incorporated herein by

reference.

10. On April 30, 2012, the Administrative Law Judge entered an Order Closing File

and Relinquishing Jurisdiction due to Respondent's failure to participate in discovery and appear

at the scheduled formal hearing in DOAH Case No. 11-6178. A copy of the Order Closing File

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

reference.

FINDINGS OF FACT

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

Assessment issued on May 19,2011, the Amended Order of Penalty Assessment issued on June

7,2011, and the 3rd Amended Order of Penalty Assessment issued on February 17,2012, and

fully incorporated herein by reference, are hereby adopted as the Department's Findings of Fact

in this case.

CONCLUSIONS OF LAW

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

matter pursuant to Chapter 440, Florida Statutes.

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

WILLIAM KEELE, DBA, WILLIAM MILTON KEELE LLC, A DISSOLVED FLORIDA

LIMITED LIABILITY COMPANY AND WILLIAM MIL TON KEELE LLC 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 3rd 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 3rd Amended Order of Penalty Assessment

as the Conclusions of Law in this case.

PENALTY IMPOSED

14. The Stop-Work Order and Order of Penalty Assessment, the Amended Order of

Penalty Assessment, and the 3rd 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. WILLIAM KEELE, DBA, WILLIAM MILTON KEELE LLC, A

DISSOLVED FLORIDA LIMITED LIABILITY COMPANY AND WILLIAM MIL TON

KEELE LLC shall immediately pay the total penalty of$4,708.85 in full to the Department of

Financial Services for deposit into the Workers' Compensation Administration Trust Fund; and

b. WILLIAM KEELE, DBA, WILLIAM MIL TON KEELE LLC, A

DIS SOL VED FLORIDA LIMITED LIABILITY COMPANY AND WILLIAM MIL TON

KEELE LLC shall inimediately cease all business operations until such time as the Department

issues an order releasing the Stop-Work Order and Order of Penalty Assessment and the 3rd

Amended Order of Penalty Assessment. The Department shall not issue an order releasing the

Stop-WorkOrder and Order of Penalty Assessment and the 3rd Amended Order of Penalty

Assessment until WILLIAM KEELE, DBA, WILLIAM MIL TON KEELE LLC, A

DISSOLVED FLORIDA LIMITED LIABILITY COMPANY AND WILLIAM MIL TON

KEELE LLC has come into compliance with the coverage requirements of Chapter 440, Florida

Statutes, and has paid the total penalty of $4,708.85 to the Department.

DONE and ORDERED this day of c::;w./k....&- ,2012.

E. Tanner 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.

COPIES FURNISHED TO:

WILLIAM KEELE

WILLIAM MILTON KEELE LLC

1804 SKYLAND DRIVE

TALLAHASSEE, FLORIDA 32303

MARK PIAZZA

DEPARTMENT OF FINANCIAL SERVICES

DIVISION OF WORKERS' COMPENSATION

BUREAU OF COMPLIANCE

2012 CAPITAL CIRCLE SE

TALLAHASSEE, FLORIDA 32399

ALEXANDER BRICK

DEPARTMENT OF FINANCIAL SERVICES

DIVISION OF LEGAL SERVICES

200 EAST GAINES STREET

TALLAHASSEE, FLORIDA 32399-4229