11-006188 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. William Manfull Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, May 7, 2012.

FILED

AUG 132012 000159

Chief Financial Officer

Docketed by: '-f?tH3

CHIEF FINANCIAL OFFICER

JEFF STATE ATWATER OF FWRIDA

IN THE MATTER OF CASE NO. 11-264-D3- WC

WILLIAM MANFULL

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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 WILLIAMMANFULL, 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 October 17, 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. 11-264-D3 to WILLIAM

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

wherein WILLIAM MANFULL 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 October 17,2011, the Stop-Work Order and Order of Penalty Assessment was

served by personal service on WILLIAM MANFULL. 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 November 3, 2011, the Department received an Election of Proceeding

requesting administrative review ("Petition") from WILLIAM MANFULL. A copy of the

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

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

Assessment to WILLIAM MANFULL. The Amended Order of Penalty Assessment assessed a

total penalty of $29,807.99 against WILLIAM MANFULL. The Amended Order of Penalty

Assessment included a Notice of Rights wherein WILLIAM MANFULL 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 Section 120.569 and 120.57, Florida Statutes, and must

conform to Rule 28-106.2015, Florida Administrative Code.

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

certified mail on WILLIAM MANFULL. A copy of the Amended Order of Penalty Assessment

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

6. On December 6, 2011, the Department referred the matter to the Division of

Administrative Hearings for assignment of an Administrative Law Judge, and the matter was

assigned DOAH Case No. 11-6188.

7. On April 26, 2012, the Department issued a2 nd Amended Order of Penalty

Assessment to WILLIAM MANFULL. The 2 nd Amended Order of Penalty Assessment assessed

a total penalty of $14,431.65 against WILLIAM MANFULL. The 2 nd Amended Order of Penalty

Assessment included a Notice of Rights wherein WILLIAM MANFULL 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 Section 120.569 and 120.57, Florida Statutes,

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

8. On May 1, 2012, the 2 nd Amended Order of Penalty Assessment was served by

personal service on WILLIAM MANFULL. A copy of the 2 nd Amended Order of Penalty

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

9. On May 2, 2012, the Department and WILLIAM MANFULL entered into a

Settlement Agreement. Under the Settlement Agreement, WILLIAM MANFULL must pay a

total penalty of $14,431.65, or enter into a Periodic Payment Schedule for Periodic Payment of

Penalty upon a down payment of$I,443.17 within thirty days of the execution of the Settlement

Agreement. The Agreement also provides that the petition be dismissed with prejudice upon the

execution of the Settlement Agreement. A copy of the Settlement Agreement is attached hereto

as "Exhibit E" and incorporated herein by reference.

10. On May 7, 2012, Administrative Law Judge John D. C. Newton, II issued an

Order Closing File and Relinquishing Jurisdiction as a result of the executed Settlement

Agreement. A copy of the Order is attached hereto as "Exhibit F" and incorporated herein by

reference.

11. As of the date of this Final Order, WILLIAM MANFULL has failed to comply

with the conditions of the Settlement Agreement. The Department has received no payment

from WILLIAM MANFULL in this matter, nor have the parties entered into a Periodic Payment

Agreement at this time.

FINDINGS OF FACT

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

Assessment issued on October 17, 2011, the Amended Order of Penalty Assessment issued on

November 4, 2011, and the 2 nd Amended Order of Penalty Assessment issued on April 26, 2012,

attached as exhibits 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

WILLIAM MANFULL violated the specific statutes and rules alleged in the Stop-Work Order

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

Department hereby adopts the violation(s) charged in the Stop-Work Order and Order of Penalty

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

PENALTY IMPOSED

15. The Executed Settlement Agreement, the Stop- Wark Order and 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. WILLIAM MANFULL shall immediately pay the entire penalty balance of

$14,431.65 in full to the Department of Financial Services for. deposit into the Workers'

Compensation Administration Trust Fund;

b. WILLIAM MANFULL 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 WILLIAM MANFULL has come into

compliance with the coverage requirements of Chapter 440, Florida Statutes and has paid the

remaining penalty balance of $14,431.65 to the Department.

DONE AND ORDERED on this tf:'day of ALl'JOAt ,2012.

-

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 I 'b"""- day 6 __ , 2012.

se Haskins

Florida Bar No. 78974

Assistant General Counsel

Department of Financial Services

Division of Legal Services

200 E. Gaines Street

Tallahassee, FL 32399-4229

850-413-1912

850-413-1978 (fax)

Copies to:

William Manfull

P.O. Box 262

Anna Maria Island, FL 34216