This is the second part of my case analysis of US Builders, LP (see my prior post for part 1: https://www.krisdunnlaw.com/stop-work-orders-order-of-penalty-assessment-for-companies-not-based-in-florida-can-be-a-big-surprise/ ).
This case was almost not a case because US Builders, LP (hereafter “USB”) did not properly contest the Department’s action. When I say “properly contest” what I mean is that USB failed to follow the form for a proper contest. There were seven elements required and USB only enunciated 4 items. They failed to say they wanted a “Hearing,” they said they wanted “an appeal.” They did send this in writing to our district office but not up to Tallahassee’s legal office. This is what they sent: https://www.doah.state.fl.us/DocDoc/2007/004428/07004428L-092607-13350135.PDF
At the time, my boss ordered me to argue this case. I did and I lost, but the importance of making sure your business files a protest (written) is extremely important. Without filing your protest and Request For Hearing, you ensure that your legal rights to contest the Stop-Work Order and the associated penalty.
Now USB, did get their hearing, but they spent a fortune on their lawyer to ensure their legal rights were asserted.
Do your business well by TIMELY filing the request for an Administrative Hearing.
Remember you have 21 days and if you fail to preserve your rights, you are deemed to have been in acceptance of the Stop-Work Order.