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ALACHUA COUNTY SCHOOL BD. v. DFS

No. 1D13-1841.

138 So.3d 480 (2014)

ALACHUA COUNTY SCHOOL BOARD/Florida School Boards Insurance Trust, Appellant, v. OFFICE OF the STATE of Florida, CHIEF FINANCIAL OFFICER FOR the DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKER'S COMPENSATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 8, 2014.

Attorney(s) appearing for the Case

M. Kemmerly Thomas of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Tallahassee, for Appellant.

Cynthia L. Jakeman , Assistant General Counsel, Division of Legal Services, Tallahassee, for Appellee.

OSTERHAUS, J.

The Alachua County School Board (School Board) challenges a final order of the Department of Financial Services (DFS) imposing a $200 workers' compensation-related administrative penalty. The School Board argues, among other things, that DFS lacked jurisdiction to impose the penalty without first referring its case to a judge of compensation claims (JCC) pursuant to section 440.021 of the Florida Statutes. We disagree and affirm the final order.

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