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MICHAEL HUNT vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, 05-002559 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-002559 Visitors: 22
Petitioner: MICHAEL HUNT
Respondent: DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT
Judges: DANIEL MANRY
Agency: Department of Management Services
Locations: Melbourne, Florida
Filed: Jul. 18, 2005
Status: Closed
Recommended Order on Tuesday, January 31, 2006.

Latest Update: Apr. 26, 2006
Summary: The issue for determination is whether Petitioner satisfies the eligibility requirements in Subsection 121.081(1)(f), Florida Statutes (2005), to purchase past service credit in the Florida Retirement System (FRS).Petitioner is eligible under Section 121.081(1)(f), Florida Statutes, to purchase credit in the Florida Retirement System for past service in a private ambulance company before the County assumed the functions of the private ambulance company.
STATE OF FLORIDA FILEEL DIVISION OF ADMINISTATIVE HEARINGS ‘200 APR 2b P 1:39: DIVISION O MICHAEL HUNT, ; ADMI it iS TRATIVE Final Order No. DMS — O6HIQA RINGS Petitioner, vs. CASE NO. 05-2559 STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, Respondent. FINAL ORDER This cause came before the Secretary of the Department of Management Services for the purpose of the issuance of a Final Order. Administrative Law Judge, Daniel Manry, assigned by the Division of Administrative Hearing (DOAN), entered a Recommended Order on January 31, 2006, which is attached hereto and incorporated herein: APPEARANCE For Petitioner: Adrienne E. Trent, Esquire Enrique, Smith & Trent, PL 836 Executive Lane, Suite 120 Rockledge, Florida 32955 For Respondent: Robert B. Button, Esquire Department of Management Services Office of the General Counsel 4050 Esplanade Way, Suite 160 Tallahassee, Florida 32399-0950 ISSUE Whether Petitioner, Michael Hunt, satisfies the eligibility requirements in Subsection 121.081(1)(f), Florida Statutes (2005), to purchase past service credit in the Florida Retirement System. FINDINGS OF FACT The Department hereby adopts and incorporates by reference the Findings of Fact set forth in the Recommended Order. CONCLUSIONS OF LAW The Department hereby adopts and incorporates by reference the Conclusions of Law set forth in the Recommended Order. Based upon the foregoing it is, ORDERED and DIRECTED that the Petitioner’s application to purchase past service credit in the Florida Retirement System for his employment with the Harbor City Volunteer Ambulance Squad, Inc., is G TED. DONE AND ORDERED this day of April, 2006, at Department Headquarters, Office of the Secretary, City of Tallahassee, Leon County, Florida. TOM LEWIS, JR. Secretary Department of Management Services 4050 Esplanade Way Tallahassee, Florida 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 APELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I hereby certify that an true and correct copy of the FINAL ORDER has been furnished by U.S. Mail to Daniel Manry, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399- 3060, Adrienne E. Trent, Enrique, Smith & Trent, PL, 836 Executive Lane, Suite 120, Rockledge, Florida 32955, Robert B. Button, Assistant General Counsel, Department of Management Services, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399- 0950, this 4th day of A pril___, 2006. ber Nu ebbie Shoup Clerk Department of Management Services 4050 Esplanade Way, Suite 160 Tallahassee, FL 32399-0950 Filed this At tay of April 2006. [bhi Shoup P Clerk

Docket for Case No: 05-002559
Issue Date Proceedings
Apr. 26, 2006 Final Order filed.
Feb. 20, 2006 Petitioner`s Notice of Change of Address of Counsel and Substitution of Law Firm filed.
Jan. 31, 2006 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jan. 31, 2006 Recommended Order (hearing held October 12, 2005). CASE CLOSED.
Dec. 23, 2005 Petitioner`s Proposed Recommended Order filed.
Dec. 22, 2005 Respondent`s Proposed Recommended Order filed.
Dec. 22, 2005 Respondent`s Motion to Dismiss Petitioner`s Request for Attorney Fees and Costs filed.
Dec. 02, 2005 Order Granting Motion for Extension of Time (proposed recommended orders shall be filed on or before December 23, 2005) .
Nov. 30, 2005 Motion for Extension of Time filed.
Nov. 08, 2005 Transcript of Proceedings filed.
Oct. 19, 2005 Order of Consolidation (consolidated cases are: 05-2559 and 05-3724F).
Oct. 17, 2005 Deposition (R. Dezube) filed.
Oct. 12, 2005 CASE STATUS: Hearing Held.
Oct. 11, 2005 Petitioner`s Motion for Official Recognition filed.
Oct. 07, 2005 Motion for Official Recognition filed.
Oct. 06, 2005 Respondent`s Clarification of Stipulated Fact in Pre-hearing Stipulation filed.
Oct. 04, 2005 Notice of Taking Telephonic Deposition filed.
Sep. 30, 2005 Pre-hearing Stipulation filed.
Aug. 24, 2005 Notice of Transfer.
Aug. 16, 2005 Notice of Taking Telephonic Deposition filed.
Aug. 16, 2005 Notice of Appearance by Telephone filed.
Aug. 08, 2005 Request for Subpoenas filed.
Aug. 08, 2005 Order of Pre-hearing Instructions.
Aug. 08, 2005 Notice of Hearing (hearing set for October 12, 2005; 9:30 a.m.; Melbourne, FL).
Jul. 26, 2005 Petitioner`s Response to Initial Order filed.
Jul. 18, 2005 Initial Order.
Jul. 18, 2005 Formal Petition for Review filed.
Jul. 18, 2005 Final Agency Action filed.
Jul. 15, 2005 Order Transferring Matter to the Division of Administrative Hearings filed.

Orders for Case No: 05-002559
Issue Date Document Summary
Apr. 19, 2006 Agency Final Order
Jan. 31, 2006 Recommended Order Petitioner is eligible under Section 121.081(1)(f), Florida Statutes, to purchase credit in the Florida Retirement System for past service in a private ambulance company before the County assumed the functions of the private ambulance company.
Source:  Florida - Division of Administrative Hearings

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