20-004100 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Roberts Fine Wood And Metal Work, Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 12, 2020.

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 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 [e-mail].

COPY FURNISHED TO:

ROBERTS FINE WOOD AND METAL WORK, LLC

C/0 ADRIAN MIDDLETON, ESQ.

1437 MARKET STREET

TALLAHASSEE, FLORIDA 32312

ROBERTS FINE WOOD AND METAL WORK, LLC

2959 CATHEDRAL DRIVE

TALLAHASSEE, FLORIDA 32310

CHIEF FINANCIAL OFFICER

JIMMY STATE OF PATRONIS FLORIDA

DEPARTMENT OF FINANCIAL

SERVICES, DIVISION OF WORKERS'

COMPENSATION,

Petitioner,

v. Case No. 17-183-1A-WC

ROBERTS FINE WOOD AND METAL

WORK,LLC

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 Roberts Fine Wood

and Metal Work, LLC ("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 $24,789.32 to $1,646.52. The remaining balance owed is $1,646.52. The reduced penalty

against Employer is deemed served and final.

2. Within 30 days, Employer shall make an initial payment of$1,000.00 and enter

into a payment agreement to pay the remaining balance of $646.52, or pay the penalty in full.

Employer may elect to pay the remaining balance over a period of up to 60 months, interest-free.

EXHIBIT A

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

dismissed with prejudice.

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

both parties have signed the settlement agreement.

5. 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/or 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.

6. 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.

7. The Department and Employer agree that this settlement agreement is entered into

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

proceeding to litigation through a formal hearing. By entering into this agreement Employer is

not admitting to the violations in the stop-work order and/or the penalty assessment.

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 .

Dated this 12th day of _"'-- N --'- o -'- ve "'-- m --'- "'-- b e :..:c r ____ --' 2020.

Department of Financial Services, Roberts Fine Wood and Metal Work, LLC

Division of Workers' Compensation

Is/K y le Christo p her .,£

Kyle Christopher (FBN: 40853) Printed name: Adrian S. Middleton . Es q .

Department of Financial Services Roberts Fine Wood and Metal Work, LLC

200 East Gaines Street c/o Adrian Middleton, Esq.

Tallahassee, Florida 32399-4229 1437 Market Street

Tallahassee, Florida 32312

Roberts Fine Wood and Metal Work, LLC

2959 Cathedral Drive

Tallahassee, Florida 3231 0