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.

FILED

APR 20 2012 000402

Chief Rnancial Officer A.1 ')'J?

Docketed LtO-dut? .....-:

CHIEF FINANCIAL OFFICER '0

JEFF ATWATER

STATE OF FLORIDA

IN THE MATTER OF:

CASE NO.: 10-432-D3-WC

J & L CONSTRUCTION SERVICES, INC.

--------------_./

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 Petition

received from J & L CONSTRUCTION SERVICES, INC., as well as the Stop-Work Order and Order

of Penalty Assessment, and the Amended Order of Penalty Assessment and being otherwise fully

advised in the premises, hereby finds that:

FINDINGS OF FACT

1. On October 7, 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. 10-432-D3 to J &L CONSTRUCTION SERVICES,

INC. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein J &

L CONSTRUCTION SERVICES, INC. was advised that any request for an administrative proceeding

to challenge or contest the Stop-Work Order and Order of Penalty Assessment must conform to Rule

28-106.2015, Florida Administrative Code.

2. On August 3, 2011, the Stop-Work Order and Order of Penalty Assessment was served

by personal service on J & L CONSTRUCTION SERVICES, INC. A copy ofthe Stop-Work Order

arid Order of Penalty Assessment is attached hereto as "Exhibit 1" and incorporated herein by reference.

3. On November 15, 2010, the Department issued an Amended Order of Penalty

Assessment in Division of Workers' Compensation Case No. 10-432-D3 to J & L CONSTRUCTION

SERVICES, INC. assessing a total penalty in the amount of $90,803.79. The Amended Order of

Penalty Assessment included a Notice of Rights wherein J & L CONSTRUCTION SERVICES, INC.

was advised that any request for an administrative proceeding to challenge or contest the Amended

Order of Penalty Assessment must conform to Rule 28-106.2015, Florida Administrative Code.

4. On August 3, 2011, the Amended Order of Penalty Assessment was served by personal

service on J&L CONSTRUCTION SERVICES, INC. A copy of the Amended Order of Penalty

Assessment is attached hereto as "Exhibit 2" and incorporated herein by reference.

5. On August 24, 2011, J & L CONSTRUCTION SERVICES, INC. filed a Petition for

Administrative Review Hearing ("Petition") with the Department. The petition for administrative

review was forwarded to the Division of Administrative Hearings on January 26, 2012, and the matter

was assigned DOAH Case No. 12-0411. A copy of the petition is attached hereto as "Exhibit 3" and

incorporated herein by reference.

6. On February 2, 2012, the Petitioner served on Respondent the Department's First

Interlocking Discovery Requests via overnight mail.

7. On March 7, 2012, the Petitioner filed with DOAH a Motion to Compel Discovery

Responses. A copy of the Motion to Compel Discovery Responses (without Exhibits) is attached hereto

as "Exhibit 4" and incorporated herein by reference.

8. On March 14,2012, the Petitioner filed a Unilateral Motion to Continue Administrative

Hearing. A copy of the Unilateral Motion to Continue Administrative Hearing is attached hereto as

"Exhibit 5" and incorporated herein by reference.

9. On March 26,2012, per the Administrative Law Judge's Order, the Petitioner attended a

Telephonic Conference with the Judge regarding the outstanding Motion to Compel Discovery

Responses and the Unilateral Motion to Continue.

10, On March 26,2012, the Petitioner filed a Motion to Relinquish Jurisdiction. A copy of

the Motion to Relinquish Jurisdiction (without Exhibit) is attached hereto as "Exhibit 6" and

incorporated herein by reference.

11. On April 11, 2012, the Department received a copy of an Order Closing File and

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

hereto as "Exhibit 7" and incorporated herein by reference.

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

Assessment, issued on October 7, 2010 and the Amended Order of Penalty Assessment, issued on

November 15,2010, are fully incorporated herein by reference, and are adopted as the Department's

Findings of Fact in this matter.

CONCLUSIONS OF LAW

13. The conclusions of law contained in the Stop-Work Order and Order of Penalty

Assessment, issued on October 7, 2010 and the Amended Order of Penalty Assessment, issued on

November 15, 2010, which are fully incorporated herein by reference, are adopted as the Department's

Conclusions of Law in this matter.

IT IS HEREBY ORDERED that

a. The Stop- Work Order and Order of Penalty Assessment against J&L

CONSTRUCTION SERVICES, INC., issued on October 7,2010, and the Amended Order of Penalty

Assessment, issued on November 15,2010, are affirmed; and

b. J & L CONSTRUCTION SERVICES, INC. shall immediately pay the total

penalty of $90,803.79in full to the Department of Financial Services for deposit into the Workers'

Compensation Administration Trust Fund.

c. J & L CONSTRUCTION SERVICES, INC. shall immediately cease all business

operations 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 J & L CONSTRUCTION SERVICES, INC. has come into

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

penalty of $90,803.79 to the Department.

DONE AND ORDERED on of Q ,20,a.

E. Tanner Holloman

Director, Division of 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 theNotice 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

Carlos Villa, authorized representative for J&L CONSTRUCTION SERVICES, INC., 10413

Trinity Lane, Gibsonton, Florida 33534-4802; Wanda Rivera, Investigator for the Department via

facsimile at [phone]; and to the Division of Legal Services file via, copies, this day

of ,2012.

RyanC. Cx

Florida B Number:61647

Assistant eneral Counsel

Department of Financial Services

Division of Legal Services

200 E. Gaines Street

Tallahassee, FL 32399-4229

850413-1606