Northlake Mobil Enterprises, Inc., MB Food & Beverage, Inc., Congress Valero, Inc., Hena Enterprises, Inc., Hayma Enterprises, Inc., and Blue Heron BP, Inc., (the “Petitioners”); The Notice of Petition for Declaratory Statement was published June 1, ...

 

DEPARTMENT OF FINANCIAL SERVICES

NOTICE IS HEREBY GIVEN that the Department of Financial Services, Division of Workers’ Compensation (the “Department”), has declined to rule on the petition for declaratory statement filed by Northlake Mobil Enterprises, Inc., MB Food & Beverage, Inc., Congress Valero, Inc., Hena Enterprises, Inc., Hayma Enterprises, Inc., and Blue Heron BP, Inc., (the “Petitioners”) on April 27, 2015. The following is a summary of the agency’s declination of the petition:

The Notice of Petition for Declaratory Statement was published June 1, 2015, in Vol. 41, No. 105 of the Florida Administrative Register. The Petitioners sought a determination by the Department as to why the Petitioners were investigated for workers’ compensation compliance violations, why Petitioners were issued orders of penalty assessment, the number of employees for whom Petitioners failed to secure the payment of workers’ compensation, and how the penalties were calculated. The Notice of Denial of Declaratory Statement determined that the Petition should be denied because it requested a determination of the propriety of conduct that has already occurred, requested a determination relating to pending litigation, and a response would have required a general and consistent response in the nature of a rule. Therefore, the Petition was denied on July 27, 2015.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Dustin William Metz, Assistant General Counsel, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-0333 or by email: [e-mail].