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18-004143 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Fuentes Masonry, Inc.
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 14, 2018.

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16. On June 13, 2019, the Department reinstated Employer's Stop-Work Order based

13on Employer's failure to comply with the terms of the Conditional Release.

257. The factual allegations contained in the Stop- Work Order and the Amended Order

39of Penalty Assessment are adopted as the Department's findings of fact in this case .

54CONCLUSIONS OF LAW

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

69Employer violated the specific statutes and rules as alleged in the Stop- Work Order and the

85Amended Order of Penalty Assessmen t.

91Accordingly:

92a. Fuentes Masonry, Inc., shall immediately cease all business operations in the

104State of Florida; and

108b. Employer shall immediately pay the total penalty of$693,319.65 in full to the

122Department.

123DONEandORDEREDtbis /5-Ht dayof ' 2019.

128Division of Workers' Compensation

132NOTICE OF RIGHT TO APPEAL

137A party adversely affected by this final order may seek judicial review as provided in section

153120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9 . 190. Judicial review is

168initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal,

187accompanied by the filing fee, with the appropriate district court of appeal . The notice of appeal

204must conform to the requirements of Florida Rule of Appellate Procedure 9 . 11 0( d), and must be

223filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

239Filing with the Department ' s Agency Clerk may be accomplished via U.S. Mail, express overnight

255delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight

267delivery or hand delivery is Julie Jones, DFS Agency Clerk, Department of Financial Services, 612

282Larson Building, 200 East Gaines Street , Tallahassee, Florida 32399-0390. The facsimile number is

295(850) 488-0697. The email address is Julie.Jones@myfloridacfo.com .

303COPIES FURNISHED TO :

307ADRIAN MIDDLETON, ESQ.

310MIDDLETON & MIDDLETON P.A.

3141469 MARKET STREET

317TALLAHASSEE, FLORIDA 32312

320MAILED

3217.1?.1 1

Dockets
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PDF
Date
Proceedings
PDF:
Date: 07/15/2019
Proceedings: Agency Final Order
PDF:
Date: 07/15/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 12/14/2018
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 12/12/2018
Proceedings: Department's Agreed Motion to Relinquish Jurisdiction filed.
PDF:
Date: 12/07/2018
Proceedings: Department's Notice of Cancellation of Telephonic Deposition filed.
PDF:
Date: 12/05/2018
Proceedings: Department's Notice of Cancellation of Telephonic Deposition filed.
PDF:
Date: 11/07/2018
Proceedings: Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for December 19, 2018; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
PDF:
Date: 11/02/2018
Proceedings: Department's Agreed Motion to Continue Final Hearing filed.
PDF:
Date: 10/22/2018
Proceedings: Department's Amended Notice of Taking Telephonic Deposition (Thomas Home Corp) filed.
PDF:
Date: 10/22/2018
Proceedings: Department's Amended Notice of Taking Telephonic Deposition (Celebrity Home Builders) filed.
PDF:
Date: 10/22/2018
Proceedings: Department's Amended Notice of Taking Telephonic Deposition (Luis Ram) filed.
PDF:
Date: 10/22/2018
Proceedings: (Amended) Department's Notice of Taking Telephonic Deposition (Russel Home Builders) filed.
PDF:
Date: 10/22/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (Nellums Construction) filed.
PDF:
Date: 10/03/2018
Proceedings: Department's Notice of Taking Telephonic Deposition filed.
PDF:
Date: 10/03/2018
Proceedings: Department's Notice of Taking Telephonic Deposition filed.
PDF:
Date: 10/02/2018
Proceedings: Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for November 14, 2018; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
PDF:
Date: 09/27/2018
Proceedings: Department's Agreed Motion to Continue Final Hearing filed.
PDF:
Date: 09/26/2018
Proceedings: (Amended) Department's Notice of Taking Telephonic Deposition (Mike Talbot) filed.
PDF:
Date: 09/25/2018
Proceedings: (Amended) Department's Notice of Taking Telephonic Deposition (Thomas Home Corporation) filed.
PDF:
Date: 09/25/2018
Proceedings: (Amended) Department's Notice of Taking Telephonic Deposition (Celebrity Home Builders) filed.
PDF:
Date: 09/21/2018
Proceedings: (Amended) Department's Notice of Taking Telephonic Deposition (Nellums Construction) filed.
PDF:
Date: 09/18/2018
Proceedings: Notice of Service of Respondent's Answers to Department of Financial Services' First Discovery Requests filed.
PDF:
Date: 09/13/2018
Proceedings: Departments Amended Notice of Taking Telephonic Deposition (Scott Keyser) filed.
PDF:
Date: 09/12/2018
Proceedings: (Amended) Department's Notice of Taking Telephonic Deposition (Celebrity Home Builders) filed.
PDF:
Date: 09/12/2018
Proceedings: (Amended) Department's Notice of Taking Telephonic Deposition (Luis Ramirez) filed.
PDF:
Date: 09/11/2018
Proceedings: (Amended) Department's Notice of Taking Telephonic Deposition (Jayne Meggs) filed.
PDF:
Date: 08/30/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (Thomas Home Corporation) filed.
PDF:
Date: 08/30/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (Nellums Construction) filed.
PDF:
Date: 08/30/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (Russel Home Builders) filed.
PDF:
Date: 08/30/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (Celebrity Home Builders) filed.
PDF:
Date: 08/30/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (Jayne Meggs) filed.
PDF:
Date: 08/30/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (Scott Keyser) filed.
PDF:
Date: 08/30/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (John Corbett) filed.
PDF:
Date: 08/30/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (Lee Turner) filed.
PDF:
Date: 08/30/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (Luis Ramirez) filed.
PDF:
Date: 08/30/2018
Proceedings: Department's Notice of Taking Telephonic Deposition (Hugo Fuentes) filed.
PDF:
Date: 08/27/2018
Proceedings: Department's Notice of Taking Telephonic Deposition filed.
PDF:
Date: 08/16/2018
Proceedings: Notice of Service of Department of Financial Services' First Discovery Requests filed.
PDF:
Date: 08/13/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 08/13/2018
Proceedings: Notice of Hearing by Video Teleconference (hearing set for October 24, 2018; 9:30 a.m., Central Time; Pensacola and Tallahassee, FL).
PDF:
Date: 08/09/2018
Proceedings: Agreed Response to Initial Order filed.
PDF:
Date: 08/09/2018
Proceedings: Initial Order.
PDF:
Date: 08/07/2018
Proceedings: Department's Agreed Motion to Accept Qualified Representative filed.
PDF:
Date: 08/07/2018
Proceedings: Respondent's Petition for Formal Hearing under Sections 120.569 and 120.57, Request for Abeyance, and Waiver of 15 Day Referral filed.
PDF:
Date: 08/07/2018
Proceedings: Amended Order of Penalty Assessment filed.
PDF:
Date: 08/07/2018
Proceedings: Request for Production of Business Records for Penalty Assessment Calculation filed.
PDF:
Date: 08/07/2018
Proceedings: Stop-Work Order filed.
PDF:
Date: 08/07/2018
Proceedings: Agency referral filed.

Case Information

Judge:
SUZANNE VAN WYK
Date Filed:
08/07/2018
Date Assignment:
08/09/2018
Last Docket Entry:
07/15/2019
Location:
Pensacola, Florida
District:
Northern
Agency:
Other
 

Counsels

Related Florida Statute(s) (1):