11-004537 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Mario Painting, L.L.C. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 14, 2011.

FILED

OCT 27 2011 003385

Chief Financial Officer

Docketed

CHIEF FINANCIAL OFFICER

JE-FFA-1'WA-l'ER· STATE OF FLORIDA

IN THE MATTER OF:

Case No.: 10-320-1A-WC

MARlO PAINTING, L.L.C.

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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 MARIO PAINTING, L.L.C., the Stop-Work Order and Order of

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

Assessment, the Stipulated Motion to Relinquish Jurisdiction, and the Order Relinquishing Jurisdiction

and Closing File, and being otherwise fully advised in the premises, hereby finds that:

1. On August 5, 2010, 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. 10-320-1A to MARlO PAINTING, L.L.c. The Stop-Work

Order and Order of Penalty Assessment included a Notice of Rights wherein MARlO PAINTING, L.L.c.

wasadvised 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 August 5, 2010, the Stop-Work Order and Order of Penalty Assessment was served

by personal service on MARIO PAINTING, L.L.C. 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 August 12,2010, the Department issued an Amended Order of Penalty Assessment to

MARIO PAINTING, L.L.C The Amended Order of Penalty Assessment assessed a total penalty of

PAIN'FIN 6,-b-;-b£.'FheAmended . Order -of Penalty Assessment - ineludeda­

Notice of Rights wherein MARIO PAINTING, L.L.C. 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 August 16, 2010, the Amended Order of Penalty Assessment was served by personal

service on MARIO PAINTING, L.L.C. A copy of the Amended Order of Penalty Assessment is attached

hereto as "Exhibit BOO and incorporated herein by reference.

5. On September 2, 2010, MARIO PAINTING, L.L.c. timely filed a request for

administrative hearing with the Department. The petition for administrative review was forwarded to the

Division of Administrative Hearings on September 8, 2011, and the matter was assigned DOAH Case No.

11-4537. A copy of the petition is attached hereto as "Exhibit COO and incorporated herein by reference.

6. On June 2, 2011, the Department issued a2 nd Amended Order of Penalty Assessment to

MARIO PAINTING, L.L.C. The 2 nd Amended Order of Penalty Assessment assessed a total penalty of

$26,857.15 against MARIO PAINTING, L.L.C. The 2 nd Amended Order of Penalty Assessment included

a Notice of Rights wherein MARIO PAINTING, L.L.c. 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.

7. On June 8, 2011, the 2 nd Amended Order of Penalty Assessment was served by certified

mail on MARIO PAINTING, L.L.C. A copy of the 2 nd Amended Order of Penalty Assessment is attached

hereto as "Exhibit D" and incorporated herein by reference.

8. On September 14, 2011, the Department filed a Stipulated Motion to Relinquish

Jurisdiction Pursuant to Section 120.57(l)(i), Florida Statutes. A copy of the Stipulated Motion to

Relinquish-J urisdicti on-is -attached heretoas"Exhibit-E''-andincorporatedherein-byreference;----

9. On September 14, 2011, the Administrative Law Judge issued an Order Relinquishing

Jurisdiction and Closing File. A copy ofthe Order Relinquishing Jurisdiction and Closing File is attached

hereto as "Exhibit F" and incorporated herein by reference.

FINDINGS OF FACT

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

Assessment issued on August 5, 2010, the Amended Order of Penalty Assessment issued on August 12,

2010, the 2 nd Amended Order ·of Penalty Assessment issued on June 2, 2011, the Stipulated Motion to

Relinquish Jurisdiction filed on September 14, 2011, and the Order Relinquishing Jurisdiction and

Closing File issued September 14, 2011, which are fully incorporated herein by reference, are hereby

adopted as the Department's Findings of Fact in this case.

CONCLUSIONS OF LAW

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

PAINTING, L.L.C. 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 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

12. The Order Relinquishing Jurisdiction and Closing File from the Division of

Administrative Hearings and the Withdrawal of Petition, 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.

I'T-ISTMEREFQRE· ORDEREIHhat-;----- -_ .. _-

a. MARIO PAINTING, LLC shall immediately pay the total penalty of$26,857.15 in full to

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

Fund;

b. MARIO PAINTING, LLC 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 MARIO PAINTING, LLC has come into compliance with the coverage

requirements of Chapter 440, Florida Statues and has paid a total penalty of $26,857.15 to the

Department.

DONE AND ORDERED on this 21"dayof OaJoluD ,2011.

..

Director, Workers' Compensation

NOTICE OF RIGHTS

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

of-trus--Order1>lIrsuanl-to

Procedure 9.110. Review proceedings mustbe 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

Mail to Nicholas Yonclas, Esq., 19 Island Drive, Easpoint, Florida 32328, P.O. Box 386,

Eastpoint, Florida 32328, on of Oa, P/\\ ,2011.

Florida Bar No. 143022

Assistant General Counsel

Department of Financial Services

Division of Legal Services

200 E. Gaines Street

Tallahassee, FL 32399-4229

850413-1606

850413-1978 (fax)

COPIES FURNISHED TO:

Nicholas Yonclas, Esq.

19 Island Drive

Eastpoint, FL

P.O. Box 386

Eastpoint, FL 32328

Paige Shoemaker

Department of Financial Services

Division of Legal Services

200 East Gaines Street

Tallahassee, Florida 32399-4229