bu i Oy, RB ; STATE OF FLORIDA. Mp. DIVISION OF RETIREMENT 8 ee Ab} MARY C. BOBBITT, 0 00 “aloe 0 he eases oe Petitioner, Cs ME Vs. DOAH Case No. 00-4762 FBC DOR No.: 00-33 SSN# 232-74-3765 DEPARTMENT OF MANAGEMENT SERVICES DIVISION OF RETIREMENT Respondent. FINAL ORDER PRELIMINARY STATEMENT After being formally notified of the Division of Retirement’s intent to deny her “request for spousal in the line of duty death benefits, Mrs. Bobbitt timely filed a petition for hearing and the case was referred to the Division of Administrative Hearings. Pursuant to notice, the Division of Administrative Hearings, by its duly designated Administrative Law Judge, Jeffrey B. Clark, scheduled a formal hearing in the above-styled case on January 19, 2001, in Viera, Florida. The hearing was continued on January 16, 2001. On February 8, 2001, Mrs. Bobbitt wrote to Judge Clark indicating that she wished to withdraw her petition and that she was "...willing to accept the decision of the Division of Retirement." This letter was filed with the Division of Administrative Hearings on February 12, 2001, and a copy is attached hereto as Exhibit "A". On February 14, 2001, Judge Clark entered an Order Closing File based on the letter from Mrs. Bobbitt. A copy of the Order is attached hereto as Exhibit "B". STATEMENT OF THE ISSUES The issue in this case is to determine whether Mary C. Bobbitt should be awarded spousal in the line of duty death benefits due to the death of her husband, who was an active member of the Florida Retirement System when he passed away. . FINDINGS OF FACT The Division has been presented with no competent, substantial evidence upon which to grant spousal in the line of duty death benefits to Mrs. Bobbitt. CONCLUSIONS OF LAW. In cases such as this one, the burden is on the Petitioner to present competent, substantial evidence to support an award of benefits. The Petitioner has failed to present such evidence, and has, in fact, requested to withdraw her petition. ORDER Based on the foregoing, it is hereby ORDERED and DIRECTED that the Florida Department of Management Services, Division of Retirement denies the request of the Petitioner, Mary C. Bobbitt, for an award of spousal in the line of duty death benefits. DONE AND ORDERED this au” day of Meare|, 2001, in Tallahassee, Leon County, Florida. STATE RETIREMENT DIRECTOR DIVISION OF RETIREMENT CEDARS EXECUTIVE CENTER BUILDING C 2639 NORTH MONROE STREET TALLAHASSEE, FL 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 DIVISION OF RETIREMENT, 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 Division of Retirement, and copies distributed by U.S. Mail to the parties below, on the 26"hay of Mar , 2001. EDDIE C. TANNER . Deputy Clerk Division of Retirement Copies furnished to: Mary C. Bobbitt 2195 Mango Lane Merritt Island, Florida 32952 Judge Jeffrey B. Clark Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Thomas E. Wright Senior Attorney P.O. Box 3900 Tallahassee, FL 32315-3900

Docket for Case No: 00-004762