Petitioner: PATRICK F. MURPHY, JR.
Respondent: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Judges: HARRY L. HOOPER
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Nov. 19, 1999
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 7, 2001.
Latest Update: Feb. 07, 2001
Summary: Is Petitioner entitled to receive developmental services from the Department of Children and Family Services (the Department), due to his developmental disability based on retardation, pursuant to Chapter 393, Florida Statutes.Petitioner sought developmental services based on mental retardation. It was found that Petitioner was not retarded based on criteria set forth in Section 393.063(4), Florida Statutes.
Rehearing.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
PATRICK F. MURPHY, JR.,
Petitioner,
vs.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES,
Respondent.
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) Case No. 99-4884
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ORDER
This cause came before the undersigned on a Motion for Reconsideration and Alternative Motion for Rehearing.
A transcipt in this case was filed December 18, 2000, and Respondent filed a Proposed Recommended Order on the same date. Petitioner did not file a Proposed Recommended Order. A Recommended Order was duly entered on January 4, 2001.
The motion before the undersigned seeks an order which would permit Petitioner to file a Proposed Recommended Order, and require the undersigned to consider it, notwithstanding the fact that a Recommended Order has been issued.
A telephonic hearing on the motion was held on January 18, 2001. During the hearing Respondent agreed to cede jurisdiction to the Division of Administrative Hearings for the purpose of receiving a Proposed Recommended Order from Petitioner and
modifying the Recommended Order of January 4, 2001, should the the interests of justice require its modification.
Upon consideration of argument of counsel, and having been otherwise informed as to the premises, it is
ORDERED that the Motion for Reconsideration and Alternative Motion for Rehearing is granted insofar as it permits the filing of a Proposed Recommended Order by Petitioner and its consideration by the undersigned. It is further ordered that Petitioner's Proposed Recommended Order be filed with the Division of Administrative Hearings no later than January 29, 2001.
DONE AND ORDERED this 19th day of January, 2001, in Tallahassee, Leon County, Florida.
HARRY L. HOOPER
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 19th day of January, 2001.
COPIES FURNISHED:
Patrick F. Murphy 2939 DuPont Avenue
Jacksonville, Florida 32217
Roger L. D. Williams, Esquire Department of Children and
Family Services Post Office Box 2417
Jacksonville, Florida 32231-0083
Michael R. Yokan, Esquire
1301 Riverplace Boulvard, Suite 2600
Jacksonville, Florida 32207
Docket for Case No: 99-004884
| Issue Date |
Proceedings |
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Feb. 07, 2001 |
Order Closing File issued. CASE CLOSED.
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Feb. 06, 2001 |
Order Granting Continuance for Filing Exceptions filed by V. Daire.
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Jan. 29, 2001 |
Petitioner`s Proposed Findings of Fact; and Proposed Conclusion of Law (filed via facsimile).
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Jan. 19, 2001 |
Order issued (the Motion for Reconsideration and Alternative Motion for Rehearing is granted insofar as its permits the filing of a Proposed Recommended Order by Petitioner). CASE REOPENED.
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Jan. 17, 2001 |
Motion for Reconsideration and Alternative Motion for Rehearing (filed by Petitioner via facsimile).
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Jan. 04, 2001 |
Recommended Order issued (hearing held October 10, 2000) CASE CLOSED.
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Jan. 04, 2001 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
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Dec. 27, 2000 |
Deposition (of Luis Quinones, M.D.) filed. |
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Dec. 27, 2000 |
Video Depostions of Barbara Karylowski and Luis Quinones filed. |
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Dec. 27, 2000 |
Deposition (of Barbara Karylowski, Ph.D.) filed. |
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Dec. 27, 2000 |
Trial Exhibits filed. |
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Dec. 27, 2000 |
(Petitioner) Notice of Filing Trial Exhibits and Depositions filed. |
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Dec. 18, 2000 |
Transcript filed. |
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Dec. 18, 2000 |
Proposed Recommended Order filed by R. Hunter. |
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Dec. 01, 2000 |
Deposition (of Cydney Yerushalmi) filed. |
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Dec. 01, 2000 |
Notice of Filing - Deposition filed. |
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Oct. 23, 2000 |
Notice of Taking Deposition of C. Yerushalmi (filed via facsimile). |
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Oct. 10, 2000 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
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Oct. 10, 2000 |
Respondent`s Exhibits 1-18 filed. |
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Oct. 09, 2000 |
Motion to Take Testimony by Telephone (filed by R. Hunter via facsimile). |
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Aug. 21, 2000 |
Notice of Taking Deposition of L. Quinones filed. |
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Jul. 18, 2000 |
Amended Notice of Video Teleconference sent out. (hearing scheduled for 10/10/00:9:00) |
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Jul. 12, 2000 |
Supplement to Motion for Continuance of Final Hearing. (filed by Petitioner via facsimile) |
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Jul. 12, 2000 |
Motion for Leave to Take Depositions. (filed by Petitioner via facsimile) |
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Jul. 12, 2000 |
Motion for Continuance of Final Hearing (filed via facsimile) |
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May 23, 2000 |
Amended Notice of Hearing by Video Teleconference sent out. (hearing set for July 14, 2000; 9:00 a.m.; Jacksonville and Tallahassee, FL, amended as to Tallahassee location) |
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Apr. 24, 2000 |
Notice of Video Hearing sent out. (hearing set for July 14, 2000; 9:00 a.m.; Jacksonville and Tallahassee, FL) |
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Apr. 10, 2000 |
Report Filed in Accordance with Order Requiring Report (Petitioner) (filed via facsimile). |
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Apr. 10, 2000 |
Notice of Appearance ( Michael R. Yokan, filed via facsimile) filed. |
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Mar. 10, 2000 |
Order Requiring Report sent out. (parties shall advise in writing on later than 30 days from the date of order as to mutually convenient dates for hearing) |
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Mar. 09, 2000 |
Hearing Partially Held, continued to date not certain. |
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Mar. 08, 2000 |
RE: Teleconferencing Hearing March 9, 2000 in letter form from Mary Haeberle (Patrick`s Aunt) (filed via facsimile). |
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Feb. 09, 2000 |
Final Order Adopting Recommended Order and Denying Enrollment in the Developmental Disabilities Program filed. |
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Dec. 17, 1999 |
Notice of Video Hearing sent out. (hearing set for March 9, 2000; 10:00 a.m.; and Tallahassee, Florida) |
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Dec. 03, 1999 |
Unilateral Response to Initial Order (filed via facsimile). |
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Nov. 23, 1999 |
Initial Order issued. |
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Nov. 19, 1999 |
Notice; Request for Administrative Proceedings, Letter Form; Agency Action Letter filed. |
Orders for Case No: 99-004884
| Issue Date |
Document |
Summary |
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Jan. 19, 2001 |
Other
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Jan. 04, 2001 |
Recommended Order
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Petitioner sought developmental services based on mental retardation. It was found that Petitioner was not retarded based on criteria set forth in Section 393.063(4), Florida Statutes.
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