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21-002485 Department Of Financial Servces, Division Of Workers&Apos; Compensation vs. Everything Sweet, Inc.
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 19, 2021.

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15. On August 23,2021, the Department served Respondent a 2nd Amended Order of

15Penalty Assessment. The 2nd Amended Order of Penalty Assessment assessed a total penalty of

29$28,791.26.

316. On October 19,2021, DOAH entered an order deeming matters admitted and

44relinquishing jurisdiction to the Department. A true and correct copy of the order is attached

59hereto as exhibit "1."

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

76Order of Penalty Assessment are hereby adopted as the Department's findings of fact in this

91case.

92CONCLUSIONS OF LAW

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

107Respondent violated the specific statutes and rules as alleged in the Stop-Work Order and the

1222nd Amended Order of Penalty Assessment.

128Accordingly:

129a. Respondent shall immediately execute a payment agreement

137or pay the penalty of$28,791.26 in full to the Department for deposit into the Workers'

153Compensation Administration Trust Fund.

157b. Respondent shall immediately cease all business operations in the State of

169Florida until such time as the Department issues an order releasing the Stop- Work Order and the

1862nd Amended Order of Penalty Assessment. The Department shall not issue an order releasing

200the Stop-Work Order and the 2nd Amended Order of Penalty Assessment until Respondent has

214come into compliance with the coverage requirements of chapter 440, Florida Statutes, and has

228paid the total penalty of $28,791.26 to the Department.

238' 2021.

240Division ofWorkers' Compensation

243A party adversely affected by this final order may seek judicial review as provided in section

259120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is

272initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal,

291accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal

307must conform to the requirements of Florida Rule of Appellate Procedure 9.11 0( d), and must be

324filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

340Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight

354delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight

366delivery or hand delivery is DFS Agency Clerk, Department of Financial Services, 612

379Larson Building, 200 East Gaines Street, Tallahassee, Florida 2399-0390. The facsimile number is

392(850) 488-0697. The email address is DFSAgencyClerk@myfloridacfo.com.

399COPY FURNISHED TO:

402EVERYTHING SWEET, INC.

405C/0 ARTURO L. ARCA, ESQ.

4109700 SOUTH DIXIE HIGHWAY, PENTHOUSE 1100

416MIAMI, FLORIDA 33156

Dockets
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PDF
Date
Proceedings
PDF:
Date: 12/17/2021
Proceedings: Agency Final Order filed.
PDF:
Date: 12/06/2021
Proceedings: Agency Final Order
PDF:
Date: 10/19/2021
Proceedings: Order Granting Department's Motion to Deem Matters Admitted and to Relinquish Jurisdiction. CASE CLOSED.
PDF:
Date: 10/14/2021
Proceedings: Petitioner's Unilateral Pre-Hearing Statement filed.
PDF:
Date: 10/11/2021
Proceedings: Order to Show Cause.
PDF:
Date: 10/01/2021
Proceedings: Department's Motion to Deem Matters Admitted and to Relinquish Jurisdiction filed.
PDF:
Date: 08/27/2021
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 08/27/2021
Proceedings: Notice of Hearing by Zoom Conference (hearing set for October 25, 2021; 9:00 a.m., Eastern Time).
PDF:
Date: 08/23/2021
Proceedings: Notice of Service of Petitioner's First Requests for Admission filed.
PDF:
Date: 08/23/2021
Proceedings: Petitioner's Unilateral Response to Initial Order filed.
PDF:
Date: 08/23/2021
Proceedings: Order Granting Department's Motion for Leave to Amend Order of Penalty Assessment.
PDF:
Date: 08/17/2021
Proceedings: Department's Motion for Leave to Amend Order of Penalty Assessment filed.
PDF:
Date: 08/16/2021
Proceedings: Initial Order.
PDF:
Date: 08/13/2021
Proceedings: Amended Order of Penalty Assessment filed.
PDF:
Date: 08/13/2021
Proceedings: Stop-Work Order filed.
PDF:
Date: 08/13/2021
Proceedings: Petition for Administrative Hearing filed.
PDF:
Date: 08/13/2021
Proceedings: Agency referral filed.

Case Information

Judge:
BRITTANY O. FINKBEINER
Date Filed:
08/13/2021
Date Assignment:
08/16/2021
Last Docket Entry:
12/17/2021
Location:
Miami, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (1):