STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FINAL ORDER OF DISMISSAL

This cause comes before the undersigned, pursuant to the petition filed by the Petitioner, Deborah Bohler, challenging the validity of Florida Administrative Code Rule 60S- 9.001(2)(s). Specifically, the dispute concerns whether the Division of Retirement's application for Service Retirement and the Deferred Retirement Program (Form DP-11) is an invalid exercise of delegated legislative authority for reasons set forth in Section 120.52(8)(c)-(e), Florida Statutes.

This Petitioner also has prosecuted a petition pursuant to Section 120.57(1) and 120.569, Florida Statutes (2009), by which she seeks to obtain retirement benefits as a surviving spouse and joint annuitant of her deceased husband, the FRS member, George S. Bohler. That case was consolidated with the subject rule challenge petition and heard together. That case has been

adjudicated before the Division of Administrative Hearings by Recommended Order, which Recommended Order determined and concluded that the Petitioner was entitled to retirement benefits as a surviving spouse and joint annuitant of her deceased husband. Consequently, her substantial interests were addressed and adjudicated in that case in her favor. Because of the result in that case, the Recommended Order determined her substantial interests. She therefore no longer has a substantial interest in challenging and overturning the subject rule. The result in the Recommended Order in the case originally numbered 09-2842 has effectively rendered the subject rule challenge moot. Consequently, being advised in the premises, it is

ORDERED that the challenge to Florida Administrative Code Rule 60S-9.001(2)(s) has been rendered moot based upon the

above-referenced determination and this case, numbered 09-3350RX is hereby dismissed without prejudice.

DONE AND ORDERED this 10th day of November, 2009, in Tallahassee, Leon County, Florida.

S

P. MICHAEL RUFF Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 10th day of November, 2009.

COPIES FURNISHED:

Elizabeth Regina Stevens, Esquire Department of Management Services Office of the General Counsel 4050 Esplanade Way, Suite 160

Tallahassee, Florida 32327

T. A. Delegal, Esquire Delegal Law Offices, P.A.

424 East Monroe Street Jacksonville, Florida 32202

Sarabeth Snuggs, Director Division of Retirement

Department of Management Services Post Office Box 9000

Tallahassee, Florida 32315-9000

John Brenneis, General Counsel Department of Management Services 4050 Esplanade Way

Tallahassee, Florida 32399-0950

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 the original Notice of Appeal with the agency clerk of the Division of Administrative Hearings and a 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.

Docket for Case No: 09-003350RX

Orders for Case No: 09-003350RX