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ALBERT P. BURTNER vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, 12-000870 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000870 Visitors: 29
Petitioner: ALBERT P. BURTNER
Respondent: DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT
Judges: F. SCOTT BOYD
Agency: Department of Management Services
Locations: Gainesville, Florida
Filed: Mar. 09, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 15, 2012.

Latest Update: Aug. 30, 2012
12000870AFO


STATE·o1tFIORIDA DEPART1=1TLrtrAGEMENT SERVICES


ALBERT P. BURTNER, 2012 AUG 30 AMIl 33


vs.

Petitioner,

DiVISION OF

ADMINISTRATIVE HEARINGS

Final Order No. DMS -12-0060


DOAH Case No. 12-0870

STATE OF FLORIDA,

DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,

OGC Case No. 12-23419


Respondent.

                                                                                                   /


FINAL ORDER OF DISMISSAL


On February 16, 2012, the Department of Management Services (Department) received a petition for administrative hearing from Petitioner, Albert P. Burtner. Petitioner challenged the Department's decision to declare Petitioner a mandatory participant in the State University System Optional Retirement Program and therefore unable to transfer to the Florida Retirement System pursuant to Section 121.051, Florida Statutes. This case was transferred to the Division of Administrative Hearings on March 9, 2012.

On June 15, 2012, after receiving a Notice of Settlement and Joint Motion to Relinquish Jurisdiction, the assigned administrative law judge issued an order closing the Division of Administrative Hearings' file and relinquishing jurisdiction back to the Department. There being no further matters to consider,

IT IS ORDERED:


1. The petition is dismissed with prejudice.




DONE AND ORDERED thidfilbday of    us+- ,2012, in Tallahassee, Leon County, Florida.


ERIN ROCK, Chief of Staff Department of Management Services 4050 Esplanade Way

Tallahassee, FL 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 ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF MANAGEMENT SERVICES, 4050 ESPLANADE WAY, SUITE 160, 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.


I HEREBY CERTIFY that this Final Order was filed in the official records of the Department of Management Services, and copies distributed by U.S. Mail to the parties below,

on fheilf3£1Jday of {l tsf::: , 2012. _

-lr----Jb-\;,4 '---J'=-----=--'---f-----


Department of Management Services


Copies furnished to:


Judge F. Scott Boyd

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-3060


Albert P. Burtner 4808 SE 122 Terrace

Gainesville, FL 32641

Elizabeth R. Stevens, Esquire Department of Management Services 4050 Esplanade Way, Ste. 160

Tallahassee, FL 32399-0950


2


Docket for Case No: 12-000870
Issue Date Proceedings
Aug. 30, 2012 (Agency) Final Order of Dismissal filed.
Jun. 20, 2012 Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits numbered 1-2, and Respondent's Exhibits numbered 1-3, to the agency.
Jun. 15, 2012 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 14, 2012 Notice of Settlement and Joint Motion to Relinquish Jurisdiction filed.
Jun. 05, 2012 Order Granting Extension of Time.
May 31, 2012 Order Granting Joint Motion Prohibiting Dissemination of, and Requiring Destruction or Return of, Document and Providing Clarification Regarding Late-filed Exhibits.
May 30, 2012 (Proposed) Order Prohibiting Dissemination of, and Requiring Destruction or Return of, Document filed.
May 30, 2012 Joint Motion for Order Prohibiting Dissemination of, and Requiring Destruction or Return of, Document filed.
May 29, 2012 Order Granting Extension of Time.
May 29, 2012 Petitioner's Proposed Exhibits (exhibits not available for viewing).
May 29, 2012 Request for Extension filed.
May 15, 2012 Copy of Email Sent to Bob Henning filed.
May 15, 2012 Affidavit and Declaration filed.
May 15, 2012 Copy of Email Sent to Susan Farrell UF Records Custodian filed.
May 15, 2012 Order Holding Record Open.
May 14, 2012 CASE STATUS: Hearing Held.
May 09, 2012 Petitioner's Response to Notice of Hearing by Video Teleconference filed.
May 08, 2012 Notice of Filing (Proposed) filed.
May 08, 2012 Notice of Filing Exhibits (exhibits not available for viewing).
May 08, 2012 Order Granting Extension of Time.
May 08, 2012 Submission of Proposed Exhibit #2 filed.
May 08, 2012 Submission of Proposed Exhibit #1 filed.
May 08, 2012 Petitioner's Response to Notice of Hearing by Video Teleconference filed.
May 03, 2012 Respondent's Response to Order of Prehearing Instructions filed.
Mar. 27, 2012 Order of Pre-hearing Instructions.
Mar. 27, 2012 Notice of Hearing by Video Teleconference (hearing set for May 14, 2012; 9:30 a.m.; Gainesville and Tallahassee, FL).
Mar. 21, 2012 Respondent's Response to Initial Order filed.
Mar. 20, 2012 Unilateral Response to Initial Order filed.
Mar. 12, 2012 Initial Order.
Mar. 09, 2012 Agency action letter filed.
Mar. 09, 2012 Agency referral filed.
Mar. 09, 2012 Request for Administrative Hearing filed.

Orders for Case No: 12-000870
Issue Date Document Summary
Aug. 28, 2012 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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