Petitioner: CHUCK PERENY
Respondent: DEPARTMENT OF INSURANCE, DIVISION OF STATE FIRE MARSHALL
Judges: MICHAEL M. PARRISH
Agency: Department of Financial Services
Locations: Fort Lauderdale, Florida
Filed: Mar. 01, 2001
Status: Closed
Recommended Order on Monday, June 25, 2001.
Latest Update: Sep. 11, 2001
Summary: A bachelor`s degree with a major in advertising did not meet any of the statutory criteria for firefighter supplemental compensation under Section 633.382, Florida Statutes.
Sb et aad:
FILED
i
SEP 10 2001
Ar
TREASURES anid
Net X ey.
THE TREASURER OF THE STATE OF FLORIDA
DEPARTMENT OF INSURANCE
OF0 B46
IN THE MATTER OF: | mmp- Clysed
DOI CASE NO. 40265- Oi -FM B
TOM GALLAGHER
CHUCK PERENY
FINAL ORDER
THIS CAUSE came on before the undersigned Treasurer of the State of Florida, acting in —
his capacity as State Fire Marshal, for consideration and final agency action. On January 18,
2001, the Department issued a letter denying the Petitioner’s application for entry into the
Firefighters Supplemental Compensation Program alleging that the Petitioner failed to meet the
qualification for the Program. Petitioner timely filed a request for a formal proceeding pursuant
to Section 120.57(1), Florida Statutes. Pursuant to notice, the matter was considered by the
Honorable Michael M. Parrish, Administrative Law Judge, Division of Administrative Hearings oe
on May 8, 2001 by video teleconference in Ft. Lauderdale, Florida. Fe sey greece .
After consideration of the evidence and the written submissions by the parties, the
Administrative | Law / Judge issued his Recommended Order. (A true and.correct copy is attached...»
- as Exhibit A). The Administrative Law Judge recommended that the Department enter a Final a
Order denying ‘the Petitioner S$ application for Supplemental Compensation Benefits. Neither
party filed exceptions. Therefore, upon careful consideration of the entire © record and being
fully advised it in nthe premises i it is is hereby ORDERED:
fee MERE EL
1. The Findings of Fact of the Administrative Law iudge a are adopted in full as the
Department’s Findings of Fact.
2. The Conclusions of Law of the Administrative Law Judge are adopted in full as
the Department’s Conclusions of Law.
3. The Administrative Law Judge’s recommendation that the application filed by
Chuck Pereny be denied is approved and accepted as being the appropriate disposition of this
case.
ACCORDINGLY, Petitioner’s application for entry in the Firefighter Supplemental
Compensation Program is hereby DENIED.
NOTICE OF RIGHTS
Any party to these proceedings adversely affected by this Order i is entitled to seck review deicadinwteses |
of the Order pursuant to Section 120. 68, Florida Statutes, and Rule 9.110, Florida Rules of
Appellate Procedure. Review proceedings must be instituted by filing a petition or Notice of
Appeal with the General Counsel, acting as the Agency Clerk, at 200 East Gaines Street, 7 .
Tallahassee, Florida 32399. 9-0333, and a copy of the same and the filing fee with the appropriate
anit poe eneT RreReert
District Court of Appeal within thirty (0) sek of the rendition of this Order.
fen
ce
COPIES FURNISHED TO:
HONORABLE MICHAEL M. PARRISH
Administrative Law Judge
Division of Administrative Hearings
The Desoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
CHUCK PERENY (CERTIFIED MAIL)
259 Northwest 90" Aye,
Coral Springs, FL 33071
ELENITA GOMEZ, ESQUIRE
Department of Insurance
Division of Legal Services
200 East Gaines Street
Tallahassee, Florida 32399-0333
Negal\attys\FredrickimaysFO.doc
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Docket for Case No: 01-000845
Issue Date |
Proceedings |
Sep. 11, 2001 |
Final Order filed.
|
Jul. 09, 2001 |
Exception to Recommended Order (filed by Petitioner via facsimile).
|
Jun. 25, 2001 |
Recommended Order issued (hearing held May 8, 2001) CASE CLOSED.
|
Jun. 25, 2001 |
Respondent`s Motion to Strike Petitioner`s Proposed Recommended Order (filed via facsimile).
|
Jun. 25, 2001 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Jun. 20, 2001 |
(Proposed) Recommended Order (filed by Petitioner via facsimile).
|
Jun. 18, 2001 |
Respondent`s Proposed Recommended Order (filed via facsimile).
|
May 31, 2001 |
Transcript Pages 106-114 filed. |
May 29, 2001 |
Transcript (with Exhibits) filed. |
May 08, 2001 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
May 04, 2001 |
Department`s Proposed Exhibits filed.
|
May 01, 2001 |
Order on Several Matters issued.
|
Apr. 30, 2001 |
Letter to M. Parish from J. Morrison (regarding inability to contact Petitioner) filed via facsimile.
|
Apr. 30, 2001 |
Respondent`s Motion for Protective Order (filed via facsimile).
|
Apr. 30, 2001 |
Notice of Filing Respondents to Petitioner`s First Set of Interrogatories and Supplemental Set of Interrogatories (filed via facsimile).
|
Apr. 27, 2001 |
Respondent`s Response to Petitioner`s Motion to Continue (filed via facsimile).
|
Apr. 27, 2001 |
Respondent`s Response to Petitoner`s Motion to Compel (filed via facsimile).
|
Apr. 27, 2001 |
Amended Notice of Video Teleconference issued. (hearing scheduled for May 8, 2001; 1:00 p.m.; Fort Lauderdale and Tallahassee, FL, amended as to video and location).
|
Apr. 24, 2001 |
Order on Several Matters issued.
|
Apr. 24, 2001 |
Motion to Compel (filed by Petitioner via facsimile)
|
Apr. 24, 2001 |
Motion for Continuance (filed by Petitioner via facsimile).
|
Apr. 23, 2001 |
Notice of Appearance as Additional Counsel (filed by E. Gomez via facsimile).
|
Apr. 20, 2001 |
Motion to Compel for more Definite Responses to Respondent`s First Set of Interrogatories (filed via facsimile)
|
Apr. 20, 2001 |
Respondent`s Motion to Strike Petitioner`s Witness (filed via facsimile).
|
Apr. 19, 2001 |
Respondent`s Notice of Response to Petitioner`s Demand for Discovery (filed via facsimile).
|
Apr. 17, 2001 |
Respondent`s Response to Petitioner`s Motion for Summary Judgment (filed via facsimile).
|
Apr. 11, 2001 |
Petitioner`s Demand for Discovery (filed via facsimile).
|
Apr. 11, 2001 |
Amended Petitioner`s Notice of Service of Petitioner`s First Set of Interrogatotries to Respondent (filed via facsimile).
|
Apr. 11, 2001 |
Petitioner`s Notice of Service of Petitioner`s First Set of Interrogatories to Respondent (filed via facsimile).
|
Apr. 11, 2001 |
Petitioner`s Motion for Summary Judgment (filed via facsimile). |
Mar. 20, 2001 |
Order issued (the First Amended Denial Letter filed with the motion is hereby substituted for the original denial letter).
|
Mar. 20, 2001 |
Notice of Hearing issued (hearing set for May 8, 2001; 1:00 p.m.; Fort Lauderdale, FL).
|
Mar. 12, 2001 |
Respondent`s Notice of Service of Respondent`s First set of Interrogatories to Petitioner (filed via facsimile).
|
Mar. 09, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Mar. 06, 2001 |
Motion for Leave to Amend Denial Letter (filed by Respondent via facsimile).
|
Mar. 02, 2001 |
Initial Order issued.
|
Mar. 01, 2001 |
Election of Rights (filed via facsimile).
|
Mar. 01, 2001 |
Denial for Firefighters Supplemental Compensation (filed via facsimile).
|
Mar. 01, 2001 |
Agency referral (filed via facsimile).
|
Orders for Case No: 01-000845
Issue Date |
Document |
Summary |
Sep. 10, 2001 |
Agency Final Order
|
|
Jun. 25, 2001 |
Recommended Order
|
A bachelor`s degree with a major in advertising did not meet any of the statutory criteria for firefighter supplemental compensation under Section 633.382, Florida Statutes.
|