STATE OF FLORIDA DIVISION OF ADMINISTATIVE HEARINGS ROBERT DANIELS, Petitioner, Final Order No. DMS 19-0054 DOAH Case No. 19-2093 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 June 20, 2019, Administrative Law Judge Darren A. Schwartz entered an Order Relinquishing Jurisdiction based on a Joint Motion to Relinquish Jurisdiction due to a settlement between the parties. 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. Robert Daniels was a vested member of the Florida Retirement System (“FRS”) by virtue of his employment with the Department of Financial Services ("DFS "). 2. Mr. Daniels terminated empioyment with DFS on December 1, 2016. 3. Mr. Daniels applied for service retirement effective July 1, 2017, and began receiving benefits. Filed August 1, 2019 9:35 AM Division of Administrative Hearings 4. Mr. Daniels started work for the Town of Melbourne Beach, a FRS employer, on November 27, 2017. 5. The Division of Retirement ("Division") informed Mr. Daniels that he had failed to terminate all FRS employment with any FRS employer as required under section 121.021(39), Florida Statutes, and thus had not retired. 6. Mr. Daniels timely filed a Petition to challenge the Division's finding. 7. During the discovery process the parties discovered that Mr. Daniels did in fact meet the definition of termination, but that he received a benefit and FRS wages for the 11th and 12th months after termination and retirement, in violation of section 121.091(9), Florida Statutes. 8. The Partics thus agreed to ask the Administrative Law Judge to relinquish jurisdiction for the entry of this Final Order. See Joint Motion to Relinquish Jurisdiction attached hereto as Exhibit B. CONCLUSIONS OF LAW 9. The Department is charged with the administration of the FRS pursuant to Chapter 121, Florida Statutes. 10. Section 121.091(9)(c), Florida Statutes, provides that a FRS member may not receive both a benefit and a salary from any FRS employer for one year after termination. 11. Mr. Daniels violated this provision when he returned to work with a FRS employer without notifying the Division. 12. Mr. Daniels is required to repay to the Division the sum of $4704.54, which may be withheid by the Division when his retirement is reinstated, and is to be accomplished upon the entry of this Final Order. It is hereby ORDERED and ADJUDGED: 1. The Division of Retirement shall reinstate Petitioner's retirement benefits retroactively, less 2 months of benefits, totaling $4704.54. 2. This Final Order shall become effective on the date of filing with the Department’s Agency Clerk. DONE and ORDERED this Z, | day of | WE 2019. 4050 Esplanade Way, Suite 285 Tallahassee, Florida 32399-0950 Copies Furnished To: Randee S. Schatz, Esq. Randee S. Schatz, PA 4548 No. Federal Highway Ft. Lauderdale, Florida 33308 Larry V. Bishins, Esq. Larry V. Bishins, PA 4548 No. Federal Highway Ft. Lauderdale, Florida 33308 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 _2/stday of _ Dix My , 2019, mathe Rat tengcie K

Docket for Case No: 19-002093