OV SISASED STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE PETER PARKINS, Petitioner, v. DJJ NO.: 08-0025 DEPARTMENT OF JUVENILE DOAH NO.: 08-2568SED JUSTICE, Respondent. FINAL ORDER This matter is now before the undersigned for issuance of final agency action in regard to the Petitioner’s claim that his position was improperly reclassified from Career Service to Selected Exempt Service. On July 23, 2008, Administrative Law Judge Patricia.M. Hart entered an “Order Closing File” pursuant to the parties’ “Joint Notice of Proposed Settlement”, granting either party leave to request re-opening should the settlement not be finalized. In accordance with the parties’ “Joint Stipulation and Agreement” dated October 29, 2008, (“the Joint Stipulation”) the Department concludes that the Petitioner’s position was within the career service at the time the position was eliminated on January 4, 2002. Neither the Joint Stipulation nor this Order purports to address or resolve the issue of remedy or relief. Neither party addresses or concedes any issue respecting an award of back pay, nor whether the parties’ stipulation may be considered precedent in related cases involving challenges to reclassification. Based upon the foregoing it is hereby ORDERED: 1. The Joint Stipulation is adopted. 2. The Petitioner’s position was within the career service at the time it was eliminated. 3. Further proceedings shall be conducted according to the provisions of the Joint Stipulation. Notice of Right to Judicial Review In accordance with the provisions of section 120.68, Florida Statutes, a party who is adversely affected by this Final Order is entitled to judicial review. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing a notice of appeal with the Agency Clerk, Office of the General Counsel, 2737 Centerview Drive, Suite 3200, Tallahassee, Florida 32399-3100, and a copy, accompanied by filing fees prescribed by section 35.22, Florida Statutes, with the District Court of Appeal, First District, 301 Martin Luther King, Jr., Boulevard, Tallahassee, Florida 32399- -1850, 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. Entered this IRaay of ben ber , 2008, in Tallahassee, Florida. Chakita Jenkins, Agency Clerk COPIES FURNISHED: KIMBERLY SISKO WARD Asst. General Counsel Dept. of Juvenile Justice 2737 Centerview Dr., Ste.3200 Tallahassee, FL 32399-3100 LEZLIE A. GRIFFIN AFSCME Florida Council 79 3064 Highland Oaks Terrace Tallahassee, FL 32301 ELA il ROD LOVE, DEPUTY SECRETARY Department of Juvenile Justice MICHAEL MATTIMORE JASON E. VAIL Allen, Norton & Blue, P.A. 906 N. Monroe Street Tallahassee, FL 32303 PATRICIA M. HART Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-3060

Docket for Case No: 08-005952SED