STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES

CITY OF QUINCY, FLORIDA,

Petitioner,

Final Order No. 20-0068

1. DOAH Case No. 20-1043

   
   

   STATE OF FLORIDA,

   DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,

   
   

   Respondent.

   /

   
   

   FINAL ORDER

   
   

   THIS MATTER has come before the undersigned for the purpose of issuing a Final Order, in accordance with section 120.569(1), Florida Statutes.

   On November 27, 2019, the Department of Management Services, Division of Retirement (“Division”), sent the City of Quincy (the “City”) a Final Agency Action Letter (Exhibit 1, attached hereto) which notified the City that the Police Officers Pension Plan has not been approved because it does not comply with the requirements of Chapter 185, Florida Statutes. The City was also notified that the Division was withholding the 2018 premium tax moneys in the amount of $79,263.82. The City filed a Petition for Formal Administrative Proceeding challenging the Division's determination (Exhibit 2, attached hereto), and the case was referred to the Division of Administrative Hearings (“DOAH”) for a formal proceeding. During the discovery phase of the case, the City repealed the ordinance provision at issue and came into compliance with the provisions of Chapter 185, Florida Statutes. Upon Joint Motion of the parties, DOAH entered an Order Granting “Agreed Motion to Relinquish Jurisdiction” (Exhibit 3, attached hereto).

   
   

   Filed December 7, 2020 12:37 PM Division of Administrative Hearings

   
   

   Having considered the foregoing, it is hereby ORDERED AND ADJUDGED:

   
   

   1. Petitioner’s Petition for Formal Administrative Proceeding is hereby DISMISSED

      
      

      and this case is CLOSED; and

      
      

   2. This Final Order shall become effective on the date of filing with the Agency Clerk of the Department of Management Services.

DONE and ORDERED on thisll/20/2020 I l2:25 PM EST

Jonathan R. Satter, Secretary Department of Management Services 4050 Esplanade Way

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, Florida Rules of Appellate Procedure, and Section 120.68, Florida Statutes.

Certificate of Clerk:

Filed in the Office of the Agency

Clerk of the Department of Management Services on this ll/23/2020 I 8:ll AM EST

Kristy Peltier Agency Clerk

Copies furnished to:

Thomas E. Wright Asst. General Counsel

Dept. of Management Services 4050 Esplanade Way, Ste. 160

Tallahassee, Florida 32399-0950

Gary A. Roberts, Esq.

Law Offices of Gary A. Roberts & Associates 130 Salem Court

Tallahassee, Florida 32301

Exhibit 1

Exhibit 2

Exhibit 3

Docket for Case No: 20-001043

Orders for Case No: 20-001043