FILED

DEC 3 0 2010

Docketed byDLl.A)

nErnESf.NTINO

ALEX SINK

CHIEF FINANCIAL OFFICER STATE OF FLoRIDA

IN THE MATTER OF:

Case No.: 112942-10

MARK BRUTNELL

                                                      I

FINAL ORDER DENYING REQUEST

FOR UNFORSEEN EMERGENCY WITHDRAWAL

THIS PROCEEDING CAME on for final agency action and the Chief Financial Officer, having considered the record, including the Notice of Denial dated August 30, 2010, and being fully advised in the premises, finds that:

1. On August 30, 2010, the Department issued a Notice of Denial of Request for Unforeseeable Emergency Withdrawal ("Notice of Denial") against Mark Brutnell ("Petitioner") for his request of an emergency withdrawal of from his deferred compensation account for the purpose of having a child through a surrogacy process. The Notice of Denial is attached and incorporated as Exhibit A.

2. On or about September 20, 2010, Petitioner filed a Petition Challenging Denial of Benefits ("Petition") disputing the material facts of the Notice of Denial. This case was forwarded to the Division of Administrative Hearings.

3. On November 29, 2010, Petitioner filed a Notice of Withdrawal for Request for Formal Hearing.

4. On December 1, 2010, the Administrative Law Judge entered an Order Closing File and remanded the case back to the Department.

   
   

   Filed January 3, 2011 2:39 PM Division of Administrative Hearings

   FINDINGS OF FACT

   
   

5. The factual allegations contained in the Notice of Denial issued on August 30, 2010, which is attached hereto as Exhibit A, and fully incorporated herein by reference, are hereby adopted as this Department's Findings of Fact in this case.

   CONCLUSION OF LAW

   
   

6. Based upon the Findings of Fact adopted herein, the Department hereby adopts the Conclusions of Law in the Notice of Denial, attached hereto as Exhibit A, as the Conclusions of Law in this case.

IT IS HEREBY ORDERED AND ADJUDGED that the Findings of Fact in the Notice of Denial are adopted as the Department's Findings of Fact, and that the Conclusions of Law in the Notice of Denial, are adopted as the Department's Conclusions of Law.

IT IS HEREBY FUTHER ORDERED AND ADJUDGED that Mark Brutnell's

application for a Request for Unforeseeable Emergency Withdrawal is DENIED.

NOTICE OF RIGHT TO APPEAL

Any party to these proceedings adversely affected by this Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Fla.R.App.P. Review proceedings must be instituted by filing a petition or notice of appeal with the Julie Jones, DFS Agency Clerk, at 612 Larson Building, Tallahassee, Florida 32399-0333, and a copy of the same with the appropriate District Court of Appeal within thirty (30) days ofrendition of this Order.

DONE and ORDERED this,, 30 day o                    Y)eC , 2010.

..<'.3/      

TAMMYTTON

Chief of Staff

2

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing FINAL ORDER DENYING REQUEST FOR UNFORSEEN EMERGENCY WITHDRAWAL was furnished by

U.S. mail on this 3,-J day of <T@"O<� , 201♦, to the following:

T. Delegal

Delegal Law Offices, P.A. 424 East Momoe Street Jacksonville, FL 32202

R                                             

Florida Bar Number 0634948

Florida Department of Financial Services Division of Legal Services

200 East Gaines Street Tallahassee, FL 32399-0333

Tel (850) 413-4236

Fax (850) 488-0697

Attorney for Department

3

Docket for Case No: 10-009754

Orders for Case No: 10-009754