Petitioner: LAVONDRA STEADMAN, O/B/O JOHN STEADMAN
Respondent: DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT
Judges: STEPHEN F. DEAN
Agency: Department of Management Services
Locations: Mount Dora, Florida
Filed: May 21, 2004
Status: Closed
Recommended Order on Friday, June 4, 2004.
Latest Update: Sep. 03, 2004
Summary: Respondent`s compliance with the rule can be determined from the pleadings and written record. Respondent has complied, and the Petitioner must file the requested documents to received benefits.
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STATE OF FLORIDA a
DEPARTMENT OF MANAGEMENT SERVICES y @
DIVISION OF RETIREMENT Qo
SEL “, (s] wh
LAVONDRA STEADMAN, o/b/o JOHN a an
STEADMAN, Cp
- Final Order No. DMS — o4-0f %
Petitioner, EN
vs. DOAH CASE NO. 04-1843
DMS DORO3-49
DEPARTMENT OF MANAGEMENT Ar ee
SERVICES, DIVISION OF olf D-C os
RETIREMENT,
Respondent.
FINAL ORDER
This case came before me for the purpose of issuing a final agency order. The
Administrative Law Judge, Stephen F. Dean, assigned by the Division of Administrative Hearings
(DOAH) to the above-styled case, entered his Recommended Order dated June 4, 2004. In the
Recommended Order, the Administrative Law Judge explained that the Division of Retirement
could not process the Petitioner’s Petition for Benefits absent a judicial order issued by a court of
competent jurisdiction determining heirs and a judicial order of guardianship of minor heirs. At the
time the Recommended Order was issued, the Petitioner had not submitted either order to the
Division of Retirement. The Administrative Law Judge recommended that the Division of
Retirement allow the Petitioner to submit the required judicial orders within 45 days of the date of
the order. In addition, the Administrative Law Judge recommended the Division’s dismissal of the
Petition for Benefits, upon Petitioner's failure to provide the judicial orders within the 45 day time
period.
Prior to the Administrative Law Judge’s Recommended Order, the Petitioner submitted
an Order Determining Beneficiaries to the Division of Retirement. Rather than submit the
judicial orders identified by the Administrative Law Judge in response to the Recommended
Order, the Petitioner filed a Notice of Exception stating that documents submitted prior to the
Recommended Order fulfilled the requirements of the Recommended Order. Those
documents were part of the application for benefits that the Administrative Law Judge
determined are inadequate to support the Petition for Benefits. Because the exception is not
responsive to the Recommended Order, it is rejected.
The Division hereby adopts and incorporates by reference the Recommended Order
issued by the Administrative Law Judge on June 4, 2004. A copy of that Recommended Order is
attached hereto and made a part hereof as “Exhibit A.”
Based upon the foregoing, it is
ORDERED and DIRECTED that the application filed by Lavondra Steadman o/b/o John
Steadman is rejected and the request for retirement benefits is hereby Denied.
DONE and ORDERED this A k day of l , 2004, at Tallahassee,
Leon County, Florida.
Soult. Serra
SARABETH SNUGGS ~~
State Retirement Director
Division of Retirement
Cedars Executive Center, Building C
2639 North Monroe Street
Tallahassee, Florida 32399-1560
(850) 488-5541
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS
ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA
STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA
RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE
COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE
AGENCY CLERK OF THE DEPARTMENT OF MANAGEMENT SERVICES, 4050
ESPLANADE WAY, SUITE 260, TALLAHASSEE, FLORIDA 32399-0950, AND A
SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW,
WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE
DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE
PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30
DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that this Final Order was filed in the official records of the
Department of Management Services and copies were furnished to: Larry D. Scott, Assistant
General Counsel, Department of Management Services, 4050 Esplanade Way, Suite 260,
Tallahassee, Florida 32399-0950; James L. Homich, Esquire, 621 East Fifth Avenue, Mount
Dora, Florida 32757, and Judge Stephen F. Dean, Division of Administrative Hearings, The
DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, the Ih day of
Assi f , 2004.
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Debbie Shoup — We
Clerk
Department of Management Services
(850) 1082
Docket for Case No: 04-001843
Issue Date |
Proceedings |
Sep. 03, 2004 |
Acknowledgement of New Case 5D04-2974 filed.
|
Sep. 01, 2004 |
Notice of Appeal filed by J. Homich.
|
Aug. 10, 2004 |
Final Order filed.
|
Jun. 23, 2004 |
Amended Petition for Benefits filed by Petitioner.
|
Jun. 21, 2004 |
Exception to Recommended Order (filed by Petitioner via facsimile).
|
Jun. 04, 2004 |
Recommended Order. CASE CLOSED.
|
Jun. 01, 2004 |
Letter to Judge Dean from L. Scott in reply to Initial Order (filed via facsimile).
|
May 25, 2004 |
Initial Order.
|
May 21, 2004 |
Application of Beneficiary for Retirement Benefits (filed via facsimile).
|
May 21, 2004 |
Order Determining Heirs (filed via facsimile).
|
May 21, 2004 |
Petition for Benefits (filed via facsimile).
|
May 21, 2004 |
Agency referral (filed via facsimile).
|
Orders for Case No: 04-001843
Issue Date |
Document |
Summary |
Aug. 04, 2004 |
Agency Final Order
|
|
Jun. 04, 2004 |
Recommended Order
|
Respondent`s compliance with the rule can be determined from the pleadings and written record. Respondent has complied, and the Petitioner must file the requested documents to received benefits.
|