Florida District Courts of Appeal, 2014

Mad Dog Marketing Group, Inc. v. Department of Financial Services, Division of Workers' Compensation

Mad Dog Marketing Group, Inc. v. Department of Financial Services, Division of Workers' Compensation
Florida District Courts of Appeal · Decided October 13, 2014 · Clark, Padovano, Thomas
148 So. 3d 169; 2014 Fla. App. LEXIS 16749; 2014 WL 5100184 (Southern Reporter, Third Series)

Mad Dog Marketing Group, Inc. v. Department of Financial Services, Division of Workers' Compensation

Opinion of the Court

PER CURIAM.

Mad Dog Marketing Group, Inc., appeals a final order of the Department of Financial Services imposing penalties for failure to secure workers’ compensation coverage for its employees. We affirm without comment Issues I, II, and III, but reverse Issue IV. The department erred as a matter of law by fining appellant $2,000.00 for continuing to operate its business in violation of the stop-work order, because the department had not charged appellant with such violation as required by Florida Rule of Administrative Procedure 28-106.2015(1). See, e.g., Gonzalez v. Dep’t of Health, 120 So.3d 234 (Fla. 1st DCA 2013); Trevisani v. Dep’t of Health, 908 So.2d 1108 (Fla. 1st DCA 2005); Cottrill v. Dep’t of Ins., 685 So.2d 1371 (Fla. 1st DCA 1996).

AFFIRMED IN PART, REVERSED IN PART, and REMANDED.

PADOVANO, THOMAS, and CLARK, JJ., concur.

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