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18-001726 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Ruvalcaba Construction, Llc
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 8, 2018.

View Dockets  

1FILED

2SEP 0 5 2018

6Chief Financial Office

9D Ocketea by:

12CHIEF FINANCIAL OFFICER

15JIMMY PATRONIS STATE OF FLORIDA

20DEPARTMENT OF FINANCIAL

23SERVICES, DIVISION OF WORKERS'

27COMPENSATION,

28Petitioner,

29CASE NO.: 17-269-D 1-WC

33V.

34RUVALCABA CONSTRUCTION LLC,

37Respondent.

38FINAL ORDER

40THIS CAUSE came before me for final action on Ruvalcaba Construction LLC's

52("Employer" ) request for administrative review ("petition") challenging a Stop-Work

65Order of Penalty Assessment and 2nd Amended Order of Penalty Assessment.

76FINDINGS OF FACT

79I . On July 19, 2017 , the Department Services , Division of Workers'

91Compensation (" Department "), personally served Employer a Stop -Work Order and Order of

105Penalty Assessment.

1072. On July 20 , 2017, the Department and Employer executed an Agreed Order of

121Conditional Release from Stop -Work Order ("Conditional Release" ), wherein Employer agreed

134to pay the Department the penalty assessed against Employer.

1433. On December 11, 2017, the Amended Order of

152Penalty Assessment on Employer . The Amended Order of Penalty Assessment assessed a total

166penalty of $ 158,608.52.

1714. On January 18, 2018, the Department personally served a 2nd Amended Order of

185Penalty Assessment on Employer. The 2nd Amended Order of Penalty Assessment assessed a

198total penalty of $130,164.68.

2035. On February 7, 2018, the Department received a request for administrative review

216("petition") from Employer.

2216. On April 3, 2018, the Department referred Employer's petition to the Division of

235Administrative Hearings ("DOAH").

2407. On May 7, 2018, the Employer withdrew its petition.

2508. On May 8, 2018, DOAH relinquished jurisdiction back to the Department.

2629. The factual allegations contained in the Stop-Work Order and Order of Penalty

275Assessment, and the 2nd Amended Order of Penalty Assessment are hereby adopted as the

289Department's findings of fact in this case.

296CONCLUSIONS OF LAW

29910. Based upon the findings of fact adopted herein, the Department concludes

311Employer violated the specific statutes and rules as alleged in the Stop-Work Order and Order of

327Penalty Assessment, and the 2nd Amended Order of Penalty Assessment.

337Accordingly, Employer remains subject to the Conditional Release until Employer has

348paid the total penalty of $130,164.68 to the Department.

358DONE AND ORDERED on this S* day of , 2018.

367E. TJ NER HOLLOMAN, DIRECTOR

372Division of Workers' Compensation

376NOTICE OF RIGHT TO APPEAL

381A party adversely affected by this final order may seek judicial review as provided in section

397120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is

410initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal,

429accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal

445must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d), and must be

460filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

476Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight

490delivery , hand delivery, facsimile transmission , or electronic mail. The address for overnight

502delivery or hand delivery is Julie Jones, DFS Agency Clerk, Department of Financial Services, 612

517Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. The facsimile number is

530(850) 488-0697. The email address is Julie.Jones @Myfl oridacfo.com.

539COPIES FURNISHED TO:

542RUVALCABA CONSTRUCTION LLC

545C/O KELLY M. SCIFRES, ESQ.

550MARSHALL, DENNEHEY, WARNER, COLEMAN, & GOGGIN

556SUITE 1400

558200 WEST FORSYTH STREET

562JACKSONVILLE, FLORIDA 32202

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/21/2019
Proceedings: Order on Respondent's Motion to Withdraw as Counsel.
PDF:
Date: 05/17/2019
Proceedings: Motion to Withdraw as Counsel filed.
PDF:
Date: 05/08/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 05/08/2019
Proceedings: Notice of Appearance (Dustin Metz) filed.
PDF:
Date: 09/05/2018
Proceedings: Agency Final Order
PDF:
Date: 05/08/2018
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 05/08/2018
Proceedings: Department's Agreed Motion to Relinquish Jurisdiction filed.
PDF:
Date: 04/12/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 04/12/2018
Proceedings: Notice of Hearing by Video Teleconference (hearing set for June 7, 2018; 9:30 a.m.; Jacksonville and Tallahassee, FL).
PDF:
Date: 04/11/2018
Proceedings: Department's Agreed Response to Initial Order filed.
PDF:
Date: 04/10/2018
Proceedings: Notice of Taking Telephonic Deposition (Corporate Representative) filed.
PDF:
Date: 04/04/2018
Proceedings: Initial Order.
PDF:
Date: 04/03/2018
Proceedings: 2nd Amended Order of Penalty Assessment filed.
PDF:
Date: 04/03/2018
Proceedings: Stop-Work Order filed.
PDF:
Date: 04/03/2018
Proceedings: Petition for Administrative Hearing filed.
PDF:
Date: 04/03/2018
Proceedings: Agency referral filed.

Case Information

Judge:
YOLONDA Y. GREEN
Date Filed:
04/03/2018
Date Assignment:
04/04/2018
Last Docket Entry:
05/21/2019
Location:
Jacksonville, Florida
District:
Northern
Agency:
Other
 

Counsels

Related Florida Statute(s) (1):