12-000411
Department Of Financial Services, Division Of Workers&Apos; Compensation vs.
J And L Construction Services, Inc.
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 11, 2012.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 11, 2012.
1FILED
2APR 20 2012 000402
6Chief Rnancial Officer A.1 ')'J?
11Docketed LtO-dut? .....-:
14CHIEF FINANCIAL OFFICER '0
18JEFF ATWATER
20STATE OF FLORIDA
23IN THE MATTER OF:
27CASE NO.: 10-432-D3-WC
30J & L CONSTRUCTION SERVICES, INC.
36--------------_./
37FINAL ORDER
39THIS PROCEEDING came on for final agency action and Jeff Atwater, Chief Financial Officer
53of the State of Florida, or his designee, having considered the record in this case, including the Petition
71received from J & L CONSTRUCTION SERVICES, INC., as well as the Stop-Work Order and Order
87of Penalty Assessment, and the Amended Order of Penalty Assessment and being otherwise fully
101advised in the premises, hereby finds that:
108FINDINGS OF FACT
1111. On October 7, 2010, the Department of Financial Services, Division of Workers'
124Compensation (hereinafter "Department") issued a Stop- Work Order and Order of Penalty Assessment
138in Division of Workers' Compensation Case No. 10-432-D3 to J &L CONSTRUCTION SERVICES,
151INC. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein J &
168L CONSTRUCTION SERVICES, INC. was advised that any request for an administrative proceeding
181to challenge or contest the Stop-Work Order and Order of Penalty Assessment must conform to Rule
19728-106.2015, Florida Administrative Code.
2012. On August 3, 2011, the Stop-Work Order and Order of Penalty Assessment was served
216by personal service on J & L CONSTRUCTION SERVICES, INC. A copy ofthe Stop-Work Order
231arid Order of Penalty Assessment is attached hereto as "Exhibit 1" and incorporated herein by reference.
2473. On November 15, 2010, the Department issued an Amended Order of Penalty
260Assessment in Division of Workers' Compensation Case No. 10-432-D3 to J & L CONSTRUCTION
274SERVICES, INC. assessing a total penalty in the amount of $90,803.79. The Amended Order of
290Penalty Assessment included a Notice of Rights wherein J & L CONSTRUCTION SERVICES, INC.
304was advised that any request for an administrative proceeding to challenge or contest the Amended
319Order of Penalty Assessment must conform to Rule 28-106.2015, Florida Administrative Code.
3314. On August 3, 2011, the Amended Order of Penalty Assessment was served by personal
346service on J&L CONSTRUCTION SERVICES, INC. A copy of the Amended Order of Penalty
360Assessment is attached hereto as "Exhibit 2" and incorporated herein by reference.
3725. On August 24, 2011, J & L CONSTRUCTION SERVICES, INC. filed a Petition for
387Administrative Review Hearing ("Petition") with the Department. The petition for administrative
400review was forwarded to the Division of Administrative Hearings on January 26, 2012, and the matter
416was assigned DOAH Case No. 12-0411. A copy of the petition is attached hereto as "Exhibit 3" and
434incorporated herein by reference.
4386. On February 2, 2012, the Petitioner served on Respondent the Department's First
451Interlocking Discovery Requests via overnight mail.
4577. On March 7, 2012, the Petitioner filed with DOAH a Motion to Compel Discovery
472Responses. A copy of the Motion to Compel Discovery Responses (without Exhibits) is attached hereto
487as "Exhibit 4" and incorporated herein by reference.
4958. On March 14,2012, the Petitioner filed a Unilateral Motion to Continue Administrative
509Hearing. A copy of the Unilateral Motion to Continue Administrative Hearing is attached hereto as
"524Exhibit 5" and incorporated herein by reference.
5319. On March 26,2012, per the Administrative Law Judge's Order, the Petitioner attended a
546Telephonic Conference with the Judge regarding the outstanding Motion to Compel Discovery
558Responses and the Unilateral Motion to Continue.
56510, On March 26,2012, the Petitioner filed a Motion to Relinquish Jurisdiction. A copy of
581the Motion to Relinquish Jurisdiction (without Exhibit) is attached hereto as "Exhibit 6" and
595incorporated herein by reference.
59911. On April 11, 2012, the Department received a copy of an Order Closing File and
615Relinquishing Jurisdiction. A copy ofthe Order Closing File and Relinquishing Jurisdiction is attached
628hereto as "Exhibit 7" and incorporated herein by reference.
63712. The factual allegations contained in the Stop-Work Order and Order of Penalty
650Assessment, issued on October 7, 2010 and the Amended Order of Penalty Assessment, issued on
665November 15,2010, are fully incorporated herein by reference, and are adopted as the Department's
680Findings of Fact in this matter.
686CONCLUSIONS OF LAW
68913. The conclusions of law contained in the Stop-Work Order and Order of Penalty
703Assessment, issued on October 7, 2010 and the Amended Order of Penalty Assessment, issued on
718November 15, 2010, which are fully incorporated herein by reference, are adopted as the Department's
733Conclusions of Law in this matter.
739IT IS HEREBY ORDERED that
744a. The Stop- Work Order and Order of Penalty Assessment against J&L
756CONSTRUCTION SERVICES, INC., issued on October 7,2010, and the Amended Order of Penalty
770Assessment, issued on November 15,2010, are affirmed; and
779b. J & L CONSTRUCTION SERVICES, INC. shall immediately pay the total
791penalty of $90,803.79in full to the Department of Financial Services for deposit into the Workers'
807Compensation Administration Trust Fund.
811c. J & L CONSTRUCTION SERVICES, INC. shall immediately cease all business
823operations until such time as the Department issues an order releasing the Stop-Work Order and Order
839of Penalty Assessment. The Department shall not issue an Order releasing the Stop-Work Order and
854Order of Penalty Assessment until J & L CONSTRUCTION SERVICES, INC. has come into
868compliance with the coverage requirements of Chapter 440, Florida Statutes, and has paid the total
883penalty of $90,803.79 to the Department.
890DONE AND ORDERED on of Q ,20,a.
898E. Tanner Holloman
901Director, Division of Workers' Compensation
906NOTICE OF RIGHTS
909Any party to these proceedings adversely affected by this Order is entitled to seek review of this
926Order pursuant to Section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.110.
940Review proceedings must be instituted by filing a Notice of Appeal with Julie Jones, DFS Agency
956Clerk, Department of Financial Services, Room 612 Larson Building, 200 East Gaines Street,
969Tallahassee, Florida, 32399-0390 and a copy of theNotice of Appeal, a copy of this Order and filing fee
987with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order.
1003CERTIFICATE OF SERVICE
1006I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
1020Carlos Villa, authorized representative for J&L CONSTRUCTION SERVICES, INC., 10413
1030Trinity Lane, Gibsonton, Florida 33534-4802; Wanda Rivera, Investigator for the Department via
1042facsimile at (813) 233-3741; and to the Division of Legal Services file via, copies, this day
1058of ,2012.
1060RyanC. Cx
1062Florida B Number:61647
1065Assistant eneral Counsel
1068Department of Financial Services
1072Division of Legal Services
1076200 E. Gaines Street
1080Tallahassee, FL 32399-4229
1083850413-1606
![](/images/view_pdf.png)
- Date
- Proceedings
-
PDF:
- Date: 05/30/2012
- Proceedings: Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits, to the agency.
-
PDF:
- Date: 03/27/2012
- Proceedings: Order Granting Continuance (parties to advise status by April 13, 2012).
- Date: 03/26/2012
- Proceedings: CASE STATUS: Motion Hearing Held.
- Date: 03/21/2012
- Proceedings: Department's Exhibits List (exhibits not available for viewing)
-
PDF:
- Date: 03/15/2012
- Proceedings: Notice of Telephonic Case Management Conference (status conference set for March 26, 2012; 10:00 a.m.).
-
PDF:
- Date: 02/07/2012
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for March 29, 2012; 9:30 a.m.; Tampa and Tallahassee, FL).
Case Information
- Judge:
- LINZIE F. BOGAN
- Date Filed:
- 01/26/2012
- Date Assignment:
- 01/27/2012
- Last Docket Entry:
- 05/30/2012
- Location:
- Tampa, Florida
- District:
- Middle
- Agency:
- Other
Counsels
-
Ryan Cedrone Cox, Esquire
Address of Record -
Carlos Villa
Address of Record