18-002107 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Gulfstream Roofing And Urethane, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 18, 2018.

FILED

NOV 2 8 2018

Chief Financial Officer

CHIEF FINANCIAL OFFICER

JIMMY PATRONIS STATE OF FLORIDA

DEPARTMENT OF FINANCIAL

SERVICES, DIVISION OF

WORKERS' COMPENSATION,

Petitioner,

vs. Case No. 17-265-D5-WC

GULFSTREAM ROOFING AND

URETHANE, INC.,

Respondent.

FINAL ORDER CLOSING FILE

attached Settlement Agreement. The Settlement Agreement is approved and adopted.

on this 28 day of -441e 4qi , 2018.

Division of Workers ' Compensation

NOTICE OF RIGHT TO APPEAL

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

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

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

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

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

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

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

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

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

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

( 850) 488-0697 . The email address is Julie.Jones( inyfloridacfo.com .

COPY FURNISHED TO:

Gulfstream Roofing and Urethane , Inc. Richard Dunberg

2649 Nassau Drive 1450 Madruga Avenue , Suite 211

Miami , Florida 33023 Coral Gables, Florida 33146

(7111:F FI N ANCIAL O FFICIER

JIMMY PATRONIS STATE . OF FLORIDA

DEPARTMENT OF FINANCIAL

SERVICES, DIVISION OF

WORKERS' COMPENSATION,

Petitioner,

vs. Case No . 17-265-D5-DWC

GULFSTREAM ROOFING AND URETHANE, INC.,

Respondent.

SETTLEMENT AGREEMENT

This agreement is made and entered into by and between the Florida Department of

Financial Services , Division of Workers ' Compensation (" Department ") and Gulfstream Roofing

and Urethane , Inc.("Employer").

Upon the complete execution of this settlement agreement by both parties, the

Department and Employer agree to the following:

1. The Department reduces the total penalty assessed against Employer in this matter

from $ 155,659 . 82 to $ 21,845 . 86. The Employer has paid a total of $29 , 354.26 toward the

penalty . The Employer is owed a balance of $7,508 . 40, which will be repaid to the Employer.

The reduced penalty against Employer is deemed served and final.

2. Employer remains bound by the terms and conditions of the June 20, 2017 Agreed

Order of Conditional Releas , wnea. p 1 #' C.Au1

3. Employer ' s request for administrative feview filed in this matter shall be deemed

dismissed with prejudice.

he

4. The Department and Employer agree that this settlement agreement is executed

voluntarily and with full authority of the parties, and with the intent to settle this matter without

proceeding to litigation through a formal hearing.

5. For the purposes of this settlement agreement , " execution" refers to the time when

both parties have signed the settlement agreement.

6. Employer expressly waives in this matter the right to any hearing pursuant to

sections 120.569 or 120.57, Florida Statutes, and all other proceedings to which there may be

entitlement by law or rule of the Department regarding the previously issued stop - work order and

amended orders of penalty assessment in this matter , this proceeding , and any and all issues

arising or that may arise from the action . Employer agrees not to challenge or contest this

settlement agreement in any forum that may now or in the future be available to it , including any

administrative proceeding , circuit or federal court action , or any appeal . Nothing herein shall be

construed to limit any party ' s right to enforce the terms and conditions of this settlement

agreement.

7. The Department ' s determination to execute this Settlement Agreement is based on

the specific facts and circumstances of this case , and has no applicability to any other matter

arising or that may arise from actions taken by the Department against employers under section

440.107, Florida Statutes.

8. Each party agrees that it shall bear its own costs and attorney fees in this matter.

Employer expressly waives any rights to claim attorney fees or costs under sections 57.041,

57.061, 57.105, 57.111, and 120.595, Florida Statutes, or any other statute or other authority.

i

Dated this day of D Ctt 2018.

Department of Financial Services,

Division of Workers' Compensation

Alexandra Maixhall Lozada Pri y&d Name.

Department of Financial Services Fo Gulfstream Roofing and Urethane, Inc.

200 East Gaines Street 2649 Nassau Drive

Tallahassee , Florida 32399 - 4229 Miami, Florida 33023