Was Petitioner, Patricia Fuller properly reclassified from a Career Service position to an Exempt Service position in accordance with Section 110.205(2)(x), Florida Statutes (2001), by Respondent, Department of Education?Budget duties were not managerial in substance to justify reclassification to Select Exempt.

Due to the pre-trial motion(s), the present issue is whether or not the Division of Administrative Hearings has jurisdiction of this cause.Hostile work environment based on age and/or female gender not proven. Includes lengthy discussion of pleading necessities and jurisdiction.

The issues in this cause concern whether the Respondent should be removed from the Petitioner's wrecker service "rotation list" for alleged violations of Rule 15B-9.007(7), enacted in implementation of Section 321.051, Florida Statutes.Agency interpret of rule that lack of ""reputability"" shown by resps repeated failures to safeguard vehicles in his custody/control is agencys diseretion

DHSMV failed to prove Respondent chased wrecks, solicited at accident sites, or employed an answering service. Dismissal recommended.

Section 321.051, Florida Statutes authorizes the creation of a system for utilizing qualified wrecker operators to remove wrecked, disabled, or abandoned vehicles. The Department of Highway Safety and Motor Vehicles has created a rotation system in which wrecker operators within designated zones are called on a rotating basis to respond to Florida Highway Patrol (FHP) calls. This rule challenge attacks the "place of business" rule as promulgated in Rule 15B-9.003(2), Florida Administrative Code and the non-rule policy interpreting the "place of business" requirement of the duly promulgated rule, on the basis that they are invalid exercises of delegated legislative authority and are arbitrary, capricious, and violative of constitutional equal protection with respect to these Petitioners, Murphy's and Lyons. With regard to the non- rule policy, it is also attacked because it has not been adopted pursuant to Section 120.54, Florida Statutes.Rule 15-9.003(2) on "Place of Business"for wrecker services held valid; agency policy, interpretation, and rotation allocation discussed

Section 321.051, Florida Statutes, authorizes the creation of a system for utilizing qualified wrecker operators to remove wrecked, disabled or abandoned vehicles from highways within designated zones within each county. The Department of Highway Safety and Motor Vehicles created a rotation system in which wrecker operators within designated zones are called on a rotating basis to respond to Florida Highway Patrol (FHP) calls. The Administrative Complaints served on Murphy's and Lyons' are virtually identical. The Department alleges that Murphy's (in Zones 2, 4 and 5 of Palm Beach County) and Lyons' (in Zones 1 and 3 of Palm Beach County) should be removed from the wrecker rotation system established under Section 321.051, Florida Statutes (1987), and administered under Chapter 15B, Florida Administrative Code, for failure to comply with the following rules and policies: A. 15B-9.003(2) B. 15B-9.003(3) C. 15B-9.003(8) D. 15B-9.003(9) E. 15B-9.004(4) Non-Rule Policy interpreting place of business under Rule 15B-9.003(2) which requires the following: There must be a sign on the building that identifies it to the general public as a wrecker establishment; There must be office space; The office must have personnel on duty at least from 9:00 a.m. to 4:00 p.m., Monday through Friday; There must be a phone at the place of business; Tow trucks must be stationed at the place of business; The tow trucks must have the zone address and phone numbers on them. The parties' stipulated that there would be a unified record; that is, all evidence and testimony would be applicable to the Administrative Complaint proceeding and to the rule challenge proceeding. Oral testimony was received from Lt. Col. Carmody, FHP; Lt. Wessels. FHP Howard Kauff. Harold Murphy and Donald Lyons. DHSMV's Exhibits 2-9 were admitted. DHSMV withdrew its proposed Exhibit 1. Murphy's and Lyons' Exhibits 1-4 were admitted in evidence. A transcript of proceedings was provided and the parties have submitted proposed findings of fact and conclusions of law, the proposed findings of fact of, which have been ruled upon in the appendix hereto pursuant to Section 120.59(2), Florida Statutes.Wrecker services which do not maintain places of business in designated zones maybe removed from agency's wrecker allocation rotation lists for zone

The sole and limited issue in this case is whether John E. Wimberly "resigned" his position by abandonment as provided in Rule 22A-7.10(2)(a) Florida Administrative Code.Employee abandoned position when he failed to notify his law enforcement employer more than 4 days after release from hospital.