12-000482
Department Of Financial Services, Division Of Workers&Apos; Compensation vs.
Sure Pave Of N.W. Fl, Inc.
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 1, 2012.
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 1, 2012.
1FILED
2MAY 21 201l 000482
6Chief Financial Officer
9Docketed by:
11CHIEF FINANCIAL OFFICER
14JEFF STATE ATWATER OF FLORIDA
19IN THE MATTER OF:
23Case No.: 11-211-1A-WC
26SURE PAVE OF N.W. FL, INC.,
32__________ ------'1
34FINAL ORDER
36THIS PROCEEDING came on for final agency action and Jeff Atwater, Chief Financial
49Officer of the State of Florida, or his designee, having considered the record in this case,
65including the request for administrative hearing received from SURE PAVE OF N.W. FL, INC.,
79the Stop-Work Order and Order of Penalty Assessment, and the Amended Order of Penalty
93Assessment, and the 2nd Amended Order of Penalty Assessment, and being otherwise fully
106advised in the premises, hereby finds that:
1131. On June 27, 2011, the Department of Financial Services, Division of Workers'
126Compensation (hereinafter "Department") issued a Stop-Work Order and Order of Penalty
138Assessment in Division of Workers' Compensation Case No. 11-211-1A to SURE PAVE OF
151N.W. FL, INC. The Stop-Work Order and Order of Penalty Assessment included a Notice of
166Rights wherein SURE PAVE OF N.W. FL, INC. was advised that any request for an
181administrative proceeding to challenge or contest the Stop-Work Order and Order of Penalty
194Assessment must be filed within twenty-one (21) days of receipt of the Stop-Work Order and
209Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes,
222and must conform to Rule 28-106.2015, Florida Administrative Code.
2312. On June 27, 2011, the Stop-Work Order and Order of Penalty Assessment was
245served by personal service on SURE PAVE OF N.W. FL, INC. A copy of the Stop-Work Order
262and Order of Penalty Assessment is attached hereto as "Exhibit A" and incorporated herein by
277reference.
2783. On July 5, 2011, SURE PAVE OF N.W. FL, INC. timely filed a request for
294administrative hearing with the Department. The petition for administrative review was
305forwarded to the Division of Administrative Hearings on February 2, 2012, and the matter was
320assigned DOAH Case No. 12-0482. A copy of the petition is attached hereto as "Exhibit B" and
337incorporated herein by reference.
3414. On July 13, 2011, the Department issued an Amended Order of Penalty
354Assessment to SURE PAVE OF N.W. FL, INC. The Amended Order of Penalty Assessment
368assessed a total penalty of $44,615.26 against SURE PAVE OF N.W. FL, INC. The Amended
384Order of Penalty Assessment included a Notice of Rights wherein SURE PAVE OF N.W. FL,
399INC. was advised that any request for an administrative proceeding to challenge or contest the
414Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of
429the Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57,
442Florida Statutes, and must conform to Rule 28-106.2015, Florida Administrative Code.
4535. On July 16, 2011, the Amended Order of Penalty Assessment was served by
467certified mail on SURE PAVE OF N.W. FL, INC. A copy of the Amended Order of Penalty
484Assessment is attached hereto as "Exhibit C" and incorporated herein by reference.
4966. On February 9, 2012, the Department served by U.S. mail its First Interlocking
510Discovery Requests ("discovery requests") which included requests for admissions,
521interrogatories, and requests for production on Respondent. Respondent was required to serve its
534answers upon the Department within 30 days pursuant to Rules 1.340(a), 1.350(b), and 1.370(a),
548Florida Rules of Civil Procedure. However, pursuant to Rule 128-106.103, Florida
559Administrative Code, "five days shall be added to the time limits when service has been made by
576regular U.S. mail." Therefore, Respondent was required to respond to the discovery on or before
591March 15,2012.
5947. On March 7, 2012, the Department issued a 2nd Amended Order of Penalty
608Assessment to SURE PAVE OF N.W. FL, INC. The 2nd Amended Order of Penalty Assessment
623assessed a total penalty of $5,514.83 against SURE PAVE OF N. W. FL, INC.
6388. On March 13, 2012, the Department filed an Unopposed Motion to Modify
651Charging Documents based on the 2nd Amended Order of Penalty Assessment. The Unopposed
664Motion to Modify Charging Documents Assessment requested that the Administrative Law
675Judge amend the Charging Documents to reflect the total penalty of $5,514.83 against SURE
690PAVE OF N.W. FL, INC.
6959. On March 27, 2012, the Administrative Law Judge issued an Order Granting
708Unopposed Motion to Modify Charging Documents. A copy of the Order Granting Unopposed
721Motion to Modify Charging Documents with the 2nd Amended Order of Penalty Assessment is
735attached hereto as "Exhibit D" and incorporated herein by reference.
74510. On April 11, 2012, the Department filed an Amended Motion to Compel
758Discovery and Continue Final Hearing filed after having not received any answer from
771Respondent to the Department's discovery requests.
77711. On April 11, 2012, the Administrative Law Judge issued an Order Granting
790Amended Motion to Compel Discovery and Continue Final Hearing. The Order Granting
802Amended Motion to Compel Discovery and Continue Final Hearing ordered SURE P AVE OF
816N.W. FL, INC. to respond to the Department's discovery on or before April 25, 2012 or the file
834would be closed and jurisdiction would be relinquished to the Department.
845-- l
84712. On May 1, 2012, the Administrative Law Judge issued an Order Closing File and
862Relinquishing Jurisdiction. A copy of the Order Relinquishing Jurisdiction and Closing File is
875attached hereto as "Exhibit E" and incorporated herein by reference.
885FINDINGS OF FACT
88813. The factual allegations contained in the Stop-Work Order and Order of Penalty
901Assessment issued on June 27, 2011, the Amended Order of Penalty Assessment issued on July
91613,2011, and the 2nd Amended Order of Penalty Assessment, issued on March 7, 2012, attached
932as "Exhibit A", "Exhibit C", and "Exhibit D" respectively, and fully incorporated herein by
946reference, are hereby adopted as the Department's Findings of Fact in this case.
959CONCLUSIONS OF LAW
96214. The Department has jurisdiction over the subject matter of and the parties to this
977matter pursuant to Chapter 440, Florida Statutes.
98415. Based upon the Findings of Fact adopted herein, the Department concludes that
997SURE PAVE OF N.W. FL, INC. violated the specific statutes and rules alleged in the Stop-
1013Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, and
1027the 2nd Amended Order of Penalty Assessment, and hereby adopts the violation(s) charged in
1041the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty
1054Assessment, and the 2nd Amended Order of Penalty Assessment as the Conclusions of Law in
1069this case.
1071PENALTY IMPOSED
107316. The Order Closing File and Relinquishing Jurisdiction from the Division of
1085Administrative Hearings, the Stop-Work Order and Order of Penalty Assessment, the Amended
1097Order of Penalty Assessment, and the 2nd Amended Order of Penalty Assessment taken together
1111with the Findings of Fact and Conclusions of Law adopted herein, constitute grounds for the
1126Chief Financial Officer to impose the penalty as set forth herein.
1137IT IS THEREFORE ORDERED that:
1142a. SURE PAVE OF N.W. FL, INC. shall immediately pay the total penalty of
1156$5,514.83 m full to the Department of Financial Services for deposit into the Workers'
1171Compensation Administration Trust Fund; and
1176b. SURE PAVE OF N.W. FL, INC. shall immediately cease all business operations
1189in the State of Florida until such time as the Department issues an order releasing the Stop-Work
1206Order and Order of Penalty Assessment. The Department shall not issue an Order releasing the
1221Stop-Work Order and Order of Penalty Assessment until SURE PAVE OF N.W. FL, INC. has
1236come into compliance with the coverage requirements of Chapter 440, Florida Statues and has
1250paid a total penalty of$5,514.83 to the Department.
1259DONE AND ORDERED on this Qfday of __ ' 2012.
1269E. Tanner Holloman
1272Director, Workers' Compensation
1275NOTICE OF RIGHTS
1278Any party to these proceedings adversely affected by this Order is entitled to seek review
1293of this Order pursuant to Section 120.68, Florida Statutes, and Florida Rule of Appellate
1307Procedure 9.110. Review proceedings must be instituted by filing a Notice of Appeal with Julie
1322Jones, DFS Agency Clerk, Department of Financial Services, Room 612 Larson Building, 200
1335East Gaines Street, Tallahassee, Florida, 32399-0390 and a copy of the Notice of Appeal, a copy
1351of this Order and filing fee with the appropriate District Court of Appeal within thirty (30) days
1368of rendition of this Order.
1373CERTIFICATE OF SERVICE
1376I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
1391U.S. Mail to the person(s) listed below, on this 21 :>\\- day of_----L.M--=-· =1..1,..----' 2012.
1407Stefan R. Grow .
1411Florida Bar No. 0093585
1415Assistant General Counsel
1418Department Financial Services,
1421Division of Legal Services,
1425Workers' Compensation Section
1428200 East Gaines Street
1432Tallahassee, FL 32399-4229
1435850-413-1606(Phone)
1436850-413-1978 (Fax)
1438Copies to:
1440Scott Riley
1442Sure Pave ofNW FL, Inc.
1447P.O. Box 667
1450Fort Walton, FL 32549
- Date
- Proceedings
- PDF:
- Date: 04/11/2012
- Proceedings: Order Granting Amended Motion to Compel Discovery and Continue Final Hearing.
- PDF:
- Date: 04/11/2012
- Proceedings: Amended Motion to Compel Discovery and Continue Final Hearing filed.
- PDF:
- Date: 03/26/2012
- Proceedings: Notice of Appearance and Substitution of Counsel (Stefan Grow) filed.
- PDF:
- Date: 03/09/2012
- Proceedings: Notice of Hearing (hearing set for May 1, 2012; 10:00 a.m., Central Time; Fort Walton Beach, FL).
Case Information
- Judge:
- DIANE CLEAVINGER
- Date Filed:
- 02/02/2012
- Date Assignment:
- 02/03/2012
- Last Docket Entry:
- 05/22/2012
- Location:
- Fort Walton Beach, Florida
- District:
- Northern
- Agency:
- Other
Counsels
-
Stefan Robert Grow, Esquire
Address of Record -
Scott Riley
Address of Record -
Stefan Robert Grow, General Counsel
Address of Record