STATE OF FLORIDA DIVISION OF ADMINISTATIVE HEARINGS GRAHAM MOTT, Petitioner, Final Order No. DMS 19-0053 DOAH Case No. 18-5109 vs. STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, Respondent, / FINAL ORDER This matter comes before the Department of Management Services (“Department”) for entry of a Final Order in accordance with section 120.569(1), Florida Statutes. On January 15, 2019, Administrative Law Judge James H. Peterson, III, entered an Order Relinquishing Jurisdiction based on the Petitioner Graham Mott’s (“Mr. Mott”) withdrawal of his petition. A copy of the Order is attached hereto and incorporated herein as “Exhibit A.” FINDINGS OF FACT The Department hereby finds the following facts: 1. Mr. Mott was a vested member of the Florida Retirement System (“FRS”) by virtue of his employment with the Hernando County Property Appraiser. 2. Mr. Mott applied for disability benefits and was approved in January 2018, with an effective retirement date of February 1, 2018. 3. Mr. Mott executed his retirement application on November 3, 2017. Filed August 1, 2019 9:37 AM Division of Administrative Hearings 4. For unknown reasons, his application was not received by the Division of Retirement ("Division") until January 5, 2018. 5. Mr. Mott requested that his effective retirement date be reset to December 1, 2017, which the Division denied. 6. Mr. Mott timely requested an administrative hearing, which resulted in the Order mentioned above. 7. During the formal hearing, the Administrative Law Judge suggested that the parties should consider settlement, which the parties did and thus agreed to the entry of this Final Order. CONCLUSIONS OF LAW 8. The Department is charged with the administration of the FRS pursuant to Chapter 121, Florida Statutes. 9. Under Chapter 60S-4.0035, the effective retirement date is determined to be the first of the month following the receipt by the Division of a member's application. 10. In this case, although Mr. Mott's application was executed in the personnel office of his employer, which is not an agent of the Division, it is unclear why the application did not reach the Division before January 2018. 11. Due to the uncertainties involved in this particular case, the parties chose to enter into a settlement which provided for Mr. Mott to receive one additional month of benefits, which has already been paid. tis therefore GRDERED and ADJUDGED: 1. The Division having already remitted the funds to the Petitioner and the settlement being thus completed, this case is hereby DISMISSED. 2. This Final Order shall become effective on the date of filing with the Department’s Agency Clerk. 4 Yq , 2019, DONE and ORDERED this 4I day of JONATHAN SATTER, Agency Secretary anagement Services 4050 Esplanade Way, Suite 285 Tallahassee, Florida 32399-0950 Copies Furnished To: Graham Mott c/o Kelly Soreng P.O. Box 10613 Brooksville, Florida 34603-0613 Thomas E. Wright, Esquire Department of Management Services Office of the General Counsel 4050 Esplanade Way, Suite 160 Tallahassee, Florida 32399-0950 NOTICE OF RIGHT TO APPEAL Unless expressly waived by a party such as in a stipulation or in other similar forms of settlement, any party substantially affected by this final order may seek judicial review by filing an original Notice of Appeal with the Agency Clerk of the Department of Management Services, and a copy, accompanied by filing fees prescribed by law, with the Clerk of the appropriate District Court of Appeal. The Notice of Appeal must be filed within thirty (30) days of rendition of this order, in accordance with Rule 9.110, Fla. R. App. P., and section 120.68, Florida Statutes. Certificate of Clerk: Filed in the office of the Clerk of the Department of Management Services On this 3) 5\-day of uly ; 2019. ui Clerk henley WynGrret K

Docket for Case No: 18-005109