21-002169 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. The Fence Company Of South Florida, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, September 13, 2021.

5. On April19, 2018, the Department served Employer an Amended Order of

Penalty Assessment. The Amended Order of Penalty Assessment assessed a penalty of

$65,846.16.

6. On December 31, 2018, the Department served Employer a 2nd Amended Order

of Penalty Assessment. The 2nd Amended Order of Penalty Assessment imposed a penalty of

$62,144.00.

7. On January 11, 2019, the Department received Employer's petition.

8. On March 11, 2019, the Department received Employer's second petition.

9. On July 12, 2021, the Department referred this matter to the Division of

Administrative Hearings (DOAH) for a formal hearing on Employer's petitions.

10. On July 12,2021, the Department served its First Request for Admissions

("discovery") on Respondent by electronic mail.

11. On July 22, 2021, the Department served its discovery on Respondent by U.S.

certified mail.

12. On August 30, 2021, the Department filed a Motion to Deem Matters Admitted

and to Relinquish Jurisdiction ("Motion"), based upon Employer's failure to respond to the

discovery.

13. On September 13, 2021, the administrative law judge granted the Department's

Motion and entered an Order Closing File and Relinquishing Jurisdiction to the Department.

14. The factual allegations contained in the Stop-Work Order and 2nd Amended

Order of Penalty Assessment are hereby adopted as the Department's findings of fact in this

case.

CONCLUSIONS OF LAW

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

Employer violated the specific statutes and rules as alleged in the Stop-Work Order and 2nd

Amended Order of Penalty Assessment.

Accordingly, Employer remains subject to the Conditional Release until the entire

penalty of$62,144.00 is paid

DONE and ORDERED this day of ' 2021.

E. Tanner Holloman, Director

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 ofFlorida 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

[phone]. The email address is DFSA g enc y Clerk @my floridacfo.com.

COPIES FURNISHED TO:

THE FENCE COMPANY OF SOUTH FLORIDA, INC.

C/0 KEENAN J. MCGLASHEN

4901 ROYALPALMBEACHBLVD.

ROYAL PALM BEACH, FL 33411

[e-mail]

THE FENCE COMPANY OF SOUTH FLORIDA, INC.

C/0 SPIEGEL & UTRERA, P .A.

1840 SW 22ND ST.

4TH FLOOR

MIAMI, FL 33145

r=a1 MAIL