Findings Of Fact Petitioner applied for licensure by examination as a real estate salesman sometime prior to July 14, 1987 but her application was denied because she had been convicted of the possession of cocaine. On July 15, 1986, the Petitioner, Kristin M. Yanick, was arrested in Martin County, Florida, and charged with possession of cocaine, resisting an officer without violence, and possession of narcotics equipment. Thereafter, the court withheld adjudication of guilt on the possession of cocaine charge and dismissed the others, and, in November, 1986, placed her on probation for five years, assigning her to Mr. Martin T. Zientz, a Probation Officer. Petitioner successfully carried out the terms of her probation until sometime in May, 1987 when one of her periodic drug analysis reports requested by the Probation Officer came back positive for cocaine. Petitioner immediately and voluntarily entered a detoxification unit and Mr. Ziantz considers this an isolated incident. Since her release from the detoxification unit he considers her conduct to have been exemplary. Petitioner has taken a job and, according to interviews conducted with her supervisors is doing well. Mr. Zientz is convinced that Petitioner will stay clean of drugs because of her strong goal of getting a real estate license. He is willing to work with the Real Estate Commission to ensure she remains free of drugs if such could be made a condition imposed by the Commission. Mr. Zientz does not feel Petitioner is manipulating the system. She works closely with him and he would consider her to be in the top 15 percent of his probationers. She will be eligible for termination of probation when she has completed one-half her sentence. He considers her to be a responsible individual and he believes she could serve effectively as a real estate salesman. These sentiments are shared by Deputy Johnson who has known Petitioner for about two years including the period of her difficulty with drugs. Subsequent to her treatment, he has seen a considerable difference in her attitude and outlook. She is working and has taken over the care of her own children who previously were with her parents and she appears to have improved physically. Johnson, too, feels that she is not a manipulative person and is sincere in her efforts to be a responsible individual. Petitioner is quite active in her church and its Sunday School. According to Jacqueline Esker, Petitioner has filled in as a substitute Sunday School teacher and Mrs. Esker feels that Petitioner is making a sincere effort to get on with her life and her children. She is active in other church activities as well. Mrs. Esker is aware of Petitioner's problems with drugs and would nonetheless, have no hesitancy in allowing Petitioner to teach her children in Sunday School. She feels safe with her children in Petitioner's care. Petitioner worked for Mr. Edward Bessemer several years ago. He is aware of her drug problem and can see a night and day difference in her since her rehabilitation. While she was working for him, she had the keys to his office and his home and had access to petty cash. Even when she was involved with drugs, she never violated his trust and he would trust her with his life. He considers her to be responsible, conscientious, and an honest person. If it were possible for him to do so, he would hire her on a full time basis. Sherry Ketchum, a former member of the Ethics and Standards Committee of the Martin County Board of Realtors, worked with Petitioner in the same real estate office during the period Petitioner was having trouble with drugs. Since her rehabilitation , Petitioner has become a conscientious employee with a good attitude. She is punctual and responsible and Ms. Ketchum has no reservations about Petitioner sitting for the real estate examination. When they were working together for a developer, Petitioner showed homes for Ms. Ketchum and had access to private property. There was never any indication of Petitioner's dishonesty and were she able to do so, Ms. Ketchum would hire Petitioner. Frances J. Yanick, mother of Petitioner's estranged husband, has known her for approximately 5 to 6 years and is aware of Petitioner's drug problem. Mrs. Yanick has seen a tremendous change in Petitioner's behavior. She has taken hold of her life and is going to work every day; her children are well taken care of; she is active in the church; and has made a responsible effort to manage her time and set a goal for herself. Mrs. Yanick, does not feel that Petitioner is manipulating the system. She believes that Petitioner should be allowed to sit for the examination since she has proven she is capable, honest, and trustworthy and would be no threat to the public. If Petitioner is allowed to earn her license, Mrs. Yanick intends to hire her. Petitioner admits she is guilty of possessing cocaine. However, she contends, prior to her arrest, she enrolled in the Palm Beach Institute, a drug rehabilitation facility, on her own because she knew she needed help. She has learned a lot about her addiction. Petitioner has wanted to be a real estate agent even prior to her arrest but at that time, did nothing about it. After her arrest, she decided she had to do something positive or she would never get her life in shape. She stopped using drugs, voluntarily entered a drug rehabilitation program, and enrolled in real estate school. Petitioner admits that in April, 1987, she again used cocaine. For the most part, however, she has continued with mental health counseling , has entered Alcoholics Anonymous , and has enlisted the support of her pastor and her mother-in-law. She believes this is a very strong support system and will be instrumental in keeping her drug-free. She now has hope instead of despair and courage instead of depression. She got rid of all her old friends and has new ones; she has developed a routine to live by; and, most important, she has grown up. She has self-discipline and has opened a new relationship with her children , and , hopefully, with her husband. Understanding the legitimate concern of the Real Estate Commission and recognizing that licensing is a privilege with responsibilities attendant thereto and not a right, she feels confident she can handle these responsibilities. She believes her dependency is sufficiently under control that she can handle the responsibilities that would go with licensing as a real estate salesman . Her support system is sufficient to bolster her when things do not go as she would hope. She is willing to work under any conditions imposed by the Commission. Petitioner submitted a package of letters from numerous individuals testifying to her rehabilitation and recovery. These include her addiction counselor at the Indian River Mental Health Center; her sister; her pastor; Mr. Johnson; Mr. Lucien Roy, a former employer in the investment business; her mother-in-law; her husband; the church secretary; neighbors; other real estate professionals; co-workers; and acquaintances; all of whom support her in her effort toward licensure. In their opinion, she is honest, sincere, dependable, enthusiastic, and conscientious and should not be continually penalized because of her one mistake with drugs. Petitioner's sister, Ms. Silva, who was herself an addict, is now a rehabilitation professional in Palm Beach County. She concludes that Petitioner has all the right things going for her. The biggest thing in Petitioner's favor at the moment is her participation in Alcoholics Anonymous. She believes that Petitioner, honestly recognizing that she has and will continue to have a drug addiction, can nonetheless manage it with continuing success.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Petitioner, Kristin Yanick be permitted to sit for the examination for licensure as a real estate salesman in Florida. RECOMMENDED this 2nd day of October, 1987, at Tallahassee, Florida. ARNOLD H. POLLOCK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of October, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-3020 The following constitutes my specific rulings pursuant to Section 120.57(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. For the Petitioner Accepted and incorporated in Finding of Fact 1. Accepted and incorporated in Finding of Fact 2. Accepted and incorporated in Finding of Facts 1 and 2. 4 and 5. Accepted and incorporated in Finding of Facts 1 and 2. Accepted. Accepted and incorporated in Finding of Facts 4, 6, 7, 8, 9, 10, 11 and 12. Accepted and incorporated in Finding of Facts 3-5. For the Respondent 1 and 2. Accepted and incorporated in Finding of Facts 1 and 2. Accepted and incorporated in Finding of Facts 3 and 15. Rejected as a restatement of the evidence and cumulative. Rejected as a restatement of the evidence or comment thereon. COPIES FURNISHED: Bruce M. Wilkinson, Esquire 55 East Osceola Street Suite 100 Stuart, Florida 34994 Manuel E. Oliver, Esquire Department of Legal Affairs 400 West Robinson Street Room 212 Orlando, Florida 32801 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Darlene F. Keller, Acting Director Department of Professional Regulation Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32802
The Issue Whether Petitioner forfeits his rights to benefits under the Florida Retirement System.
Findings Of Fact On May 5, 2011, Petitioner was mayor of North Miami Beach, Florida. During Petitioner’s employment as mayor with North Miami Beach, he was a member of the Florida Retirement System. On or about October 17, 2012, Petitioner was charged by Information with nine criminal counts in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. On February 24, 2016, pursuant to a written Plea Agreement, Rosner entered a plea of guilty to Count 11/ Unlawful Compensation [or] Reward for Official Behavior, in violation of section 838.016(2), in Eleventh Circuit case F12023663. That same day in the Eleventh Circuit case F12023663, Judge Martin Bidwill issued the following orders: an Order Ratifying Terms of Plea Agreement; a Disposition Order specifying Rosner’s plea to Count 1 Unlawful Compensation [or] Reward for Official Behavior; and a Finding of Guilt Order to Count 1 Compensation [or] Reward for Official Behav[ior]/Influence. The October 17, 2012, Information detailed the factual basis of Rosner’s plea and conviction in Count 1.2/ Petitioner illegally received unpaid campaign advertising from Martin Outdoor Media, which had a continuing contract with the City of North Miami Beach while Petitioner served as mayor. Count 1 provides in relevant part, the following: COUNT 1 MYRON JOEL ROSNER, on or about May 5, 2011, in the County and State aforesaid, being a public servant to wit: MAYOR OF NORTH MIAMI BEACH did unlawfully, feloniously, and corruptly request, solicit, accept, or agree to accept any pecuniary or other benefit not authorized by law, to wit; UNPAID CAMPAIGN ADS, for the past, future, or future exertion of any influence upon or with any other public servant regarding any act or omission which said public servant represented as being within the official discretion of a public servant, to wit: CONTINUE ALL MARTIN OUTDOOR MEDIA CONTRACTS WITH THE CITY OF NORTH MIAMI BEACH, in violation of s. 838.016(2), Fla. Stat., contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida.3/ Rosner was notified by certified letter dated April 20, 2016, of the Division's proposed action to forfeit his Florida Retirement System rights and benefits pursuant to sections 112.3173 and 121.091(5)(f). The notice provided the following basis for the proposed action: . . . . as a result of your guilty plea in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, for acts committed in connection with your employment with the City of North Miami Beach. Specifically, on or about October 18, 2012, in Case Number F12-023663 (2012-CF_023663), you were charged by information, in relevant part, with unlawful compensation or award for official behavior, a second degree felony in violation of section 838.016(2), Florida Statutes, based on conduct which occurred on or about May 5, 2011. On or about February 24, 2016, you entered a guilty plea for one count of unlawful compensation or award for official behavior, a second degree felony in violation of section 838.016(2), Florida Statutes, and adjudication of guilt was withheld. By Petition dated May 9, 2016, Rosner contested the Notice and challenged the forfeiture.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Management Services, Division of Retirement enter a final order finding that Petitioner was a public employee convicted of a specified offense committed prior to retirement pursuant to section 112.3173, Florida Statutes, and directing the forfeiture of his Florida Retirement System rights and benefits. DONE AND ENTERED this 15th day of June, 2017, in Tallahassee, Leon County, Florida. S JUNE C. MCKINNEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of June, 2017.
Findings Of Fact Petitioner, Kimberly D. Coyle, filed her first application for licensure as a real estate salesman in 1979 with Respondent, Department of professional Regulation, Florida Real Estate Commission. She did not pass the examination and resubmitted a second application in February, 1980. However, she did not take the examination at that time. By application dated November 2, 1981, she filed another application for licensure with Respondent. All responses on the application at that time were complete and correct. The application was returned to Petitioner in January, 1982 with a request that she resubmit the same and enclose a passport photograph and a set of her fingerprints which had been previously omitted. Because Petitioner was in a hospital at that time, her mother returned the original application together with the requested fingerprints and photograph. These were received by the Commission on February 10, 1982. The November application was refiled a third time on March 4, 1982 because the required $25 application fee had not been included with the prior two submissions. Applicant was thereafter approved for licensure, and successfully passed the salesman examination. On December 8, 1981, Petitioner was arrested in Dade County and charged with three counts of possessing a controlled substance. She was later placed in the South Miami Hospital Addiction Treatment Program on December 11, 1981 where she remained for six weeks. On March 1, 1982, Coyle was accepted as a participant in the State Attorney's Diversion Program and has been a successful participant since that time. As a result of her participation, adjudication on the charges has been withheld pending a successful completion of the conditions of her program. On April 30, 1982, the Commission wrote Petitioner a letter in which it advised her that the December 8 arrest had come to its attention, and requested that she forward a "complete explanation of these charges along with an explanation of (her) partial answer to. . .question (six)." Question six requires that the applicant answer whether she had ever been arrested without regard to whether she was convicted, sentenced, pardoned or paroled. Petitioner furnished a reply to the Commission's inquiry on June 8, 1982. She gave a full explanation of the charges and stated that a partial answer to question six was given on the March 4 submission because "as of March 4, 1982. . .(she) had not yet appeared in court." On July 2, 1982, Respondent notified petitioner that her application was denied on the ground that her answer to question six on the application "failed to reveal the 1981 drug charge." The denial precipitated the instant case. 1/ Petitioner is twenty-one years old. She is currently employed as a waitress in Miami. If her application is approved, she intends to work for her mother's real estate firm in Marco Island, Florida. Coyle stated that when her application was originally submitted in November, 1981, it was complete and accurate. The resubmissions in February and March, 1982 were made by her mother, and simply involved the refiling of the November application with the additional items (photograph, fingerprints and check) requested by the Commission. There was no intent on the part of Coyle to deceive the Commission, and when asked to clarify her response to question six, she did so in a full and truthful manner.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Kimberly D. Coyle for licensure as a real estate salesman be GRANTED. DONE and ENTERED this 28th day of September, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, 1982.
Findings Of Fact Petitioner owns and operates an ACLF in Tampa, Florida, and has been continuously licensed by the Respondent as an ACLF since at least 1984. The Administrator, President and major stockholder of Petitioner is Ruby Byrd. On or about October 9, 1987, Petitioner applied for license renewal, and the Respondent requested additional information by letter dated October 15, 1987. According to Respondent's witness, John C. Morton, the Petitioner's license expired on December 25, 1987. However, the Department sent letters purporting to deny Petitioner's renewal on March 28 and May 12, 1988, which both state that Petitioner's license expired on March 25, 1988. This discrepancy between the testimony offered by Respondent and the Respondent's letters of denial is unexplained, and no finding can therefore be made as to when the Petitioner's most recent license did, in fact, expire. ACLF licenses are issued for a period of one year, and must be renewed annually. The sole specific reason for renewal denial set forth in the Respondent's March 28, 1988, letter is the Petitioner's "failure to provide proof of business liability insurance and proof of surety bond coverage." The Respondent's May 12, 1988, letter specifically deleted this reason as a basis for renewal denial, and superseded the previous letter by setting forth three reasons for denial. First, it is alleged that Ruby Byrd was arrested for grand theft from a former resident of the ACLF and was awaiting trial. Second, it is alleged that the facility lacks the financial ability to operate. Third, it is alleged that the facility has committed multiple and repeated violations as evidence by surveys and follow-up visits from 1985 through 1987. The only witness called as a representative of Respondent testified that he did not make a recommendation regarding Petitioner's license renewal application. The parties have stipulated that Ruby Byrd was found not guilty of the charge of grand theft. Competent substantial evidence was not presented to support the charge that Petitioner lacked the financial ability to operate. This ACLF has been in operation since at least 1984, and the evidence did not show the facility's failure to meet any of its financial obligations. Evidence produced by the Respondent was unclear in its distinction between Ruby Byrd, individually, and the corporate Petitioner in this case. The parties stipulated that representatives of the Respondent found what they believed to be violations which are enumerated in survey deficiency reports prepared in 1985 through 1987. The evidence establishes that all deficiencies noted in reports prepared in 1987 had been either corrected, administratively deleted, or the time for corrective action had not arrived by the time of hearing. Survey reports prepared prior to 1987 predominately indicate corrective action taken prior to 1987. In any event, these reports which precede the license year for which renewal is at issue in this case, are irrelevant, as is a report of a survey conducted subsequent to the Respondent's May 12, 1988 letter. The Petitioner operated under a conditional license issued by Respondent from March 26, 1988 until September 25, 1988. There is no evidence that Respondent issued any conditional license or otherwise responded to Petitioner's renewal application for the period between December 25, 1987 and March 26, 1988, assuming testimony at hearing is correct and this license expired on December 25, 1987. Similarly, there is no evidence that the Respondent has issued a conditional license, or otherwise responded to the Petitioner's renewal request for the period of September 25, 1988 until the date of hearing, which period of time would be relevant regardless whether the Petitioner's license expired in December, 1987, or March, 1988. According to the Respondent's witness, Petitioner's facility does not present any danger to the public health, safety and welfare. The Respondent does proceed against licensed ACLFs, and seek to administratively suspend or revoke their licenses during a period of licensure.
Recommendation Based upon the foregoing, it is recommended that the Respondent issue a Final Order approving the Petitioner's application for renewal of its ACLF license at issue in this case. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of November, 1988. DONALD D. CONN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of November, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-3036 Rulings on Petitioner's Proposed Findings of Fact: 1-2 Adopted and Rejected in part in Finding of Fact 3. Adopted and Rejected in part in Findings of Fact 2 and 7. Adopted in Finding of Fact 4. Rejected as unnecessary. Adopted in part in Finding of Fact 6, but otherwise Rejected as unnecessary. Adopted in Finding of Fact 5. Rejected as a conclusion of law and not a finding of fact. Rulings on the Respondent's Proposed Findings of Fact: Adopted in Finding of Fact 1. Rejected in Finding of Fact 2 Adopted in part in Finding of Fact 2. 4-5 Rejected as irrelevant since the Respondent has the burden of proof in this case as discussed in the conclusions of law. 6-9 Rejected in Finding of Fact 6, and otherwise as irrelevant. Rejected as irrelevant and as not supported by competent substantial evidence. Rejected in Finding of Fact 5. COPIES FURNISHED: William Park, Esquire 8001 North Dale Mabry Building 601, Suite B Tampa, Florida 33614 Edward Haman, Esquire Office of Licensure and Certification 7827 North Dale Mabry Tampa, Florida 33614 Sam Power, Clerk 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Gregory Coler, Secretary 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 John Miller, General Counsel 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 =================================================================
Findings Of Fact Roy Ahringer, hereinafter referred to as "Respondent" has held real estate broker-salesman license number 0158288 at all times material hereto. From approximately August 15, 1983 to November 20, 1983, and from approximately March 1, 1984 to April 30, 1984, Respondent was licensed and operated as a real estate salesman in the employ of Highlands Holiday Realty, Inc., a licensed brokerage Corporation. On or about August 11, 1983, Highlands Holiday Realty, Inc., obtained from Mildred M. Haydon, as owner, a six month listing to sell certain property designated as Lot 9, Block 353, Section 26 Lake Placid, at a price of "any reasonable cash offer". By the terms of this listing agreement, the listing would continue beyond the six month period "until this agreement is revoked by a ten day's written notice" delivered by the owner to Highlands Holiday Realty, Inc. There is no evidence that this listing agreement was ever revoked and it remained in effect during the time Respondent was employed at Highlands Holiday Realty, Inc. Respondent was therefore an agent for Mildred M. Haydon. While this listing agreement was in effect, Respondent obtained a sales contract on March 29, 1984, executed by Robert J. and Marjorie P. Mitchell, as purchasers, for the purchase of Mildred M. Haydon's Lot 9 at a total purchase price of $5000. On April 30, 1984, the Mitchells executed two checks totaling $5000 to Highlands Holiday Realty which were to be placed in a trust account for this transaction. The contract was initially prepared omitting the name and address of the seller but was later completed by Respondent by having a secretary at Highlands Holiday Realty Inc. type in the names of Roy Ahringer and May Ahringer as sellers. On March 31, 1984 Respondent and his wife, May Ahringer, executed a contract for sale and purchase of Mildred M. Haydon's Lot 9 for the purchase price of $2220. Mildred M. Haydon executed this contract for sale and purchase on April 4, 1984. Subsequently this transaction closed and Respondent, with his wife, purchased the subject property for $2220 on or about May 23 or 24, 1984. The evidence presented establishes that Respondent did not explain to the Mitchells or to Mildred M. Haydon that he would be purchasing the property for $2220 from Mildred M. Haydon and then reselling the property to the Mitchells for $5000. Mildred M. Hayden was not informed of the Mitchell's offer of $5000 for her lot prior to her sale of the lot to Respondent. It is Respondent's contention that he told the Mitchells he was having a problem with the lot owner and that he might have to buy it from her in order to be able to resell it to the Mitchells. However, no evidence supporting this assertion was presented by Respondent, and in any event there is no evidence that the Mitchells or Mildred M. Haydon knew about the difference in the purchase and resale prices which would have resulted from this transaction. When the circumstances surrounding this transaction became apparent to Ronald N. Weisser, broker and owner of Highlands Holiday Realty, Inc., he stopped the Ahringer-Mitchell transaction, and the $5000 paid by the Mitchells for this lot has been returned to them. Respondent still owns the subject property. Mildred M. Hayden was damaged in an amount of approximately $2780 due to Respondent's failure to present the Mitchells' offer to her. The Mitchells were damaged in an amount equal to the interest they were required to pay on money borrowed for the purchase price during the period when the funds were retained in a non-interest bearing escrow account. The parties were allowed to submit post-hearing proposed findings of fact pursuant to Section 120.57(1)(b)4, F.S. A ruling on each proposed finding has been made either directly or indirectly in this Recommended Order except where such proposed findings of fact have been rejected as subordinate, cumulative immaterial or unnecessary.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is recommended that a Final Order be issued suspending Respondent's license for a period of two (2) years and imposing an administrative fine in the amount of one thousand dollars ($1000). DONE and ENTERED this 10th day of June, 1985 at Tallahassee Florida. Hearings Hearings DONALD D. CONN, Hearing Officer Division of Administrative The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative this 10th day of June, 1985. COPIES FURNISHED: James Gillis, Esquire Post Office Box 1900 Orlando, Florida 32802 Roy Ahringer 232 Harmony Avenue Lake Placid Florida 33852 Harold Huff, Executive Director Division of Real Estate Post Office Box 1900 Orlando, Florida 32802 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Upon consideration of the joint stipulation of facts submitted by the parties, the following relevant facts are found: The petitioner was elected to the office of tax assessor, Bay County, for successive regular terms in 1952, 1956, 1960, 1964, 1968, and 1972. He was commissioned for that office on January 6, 1953, January 8, 1957, January 3, 1961, January 5, 1965, January 7, 1969, and January 2, 1973. As tax assessor, petitioner was a member of the retirement system now known as the State and County Officers and Employees Retirement System, Chapter 122, Florida Statutes. By two written ballots, petitioner rejected membership in the Florida Retirement System, Chapter 121, Florida Statutes, to be effective December 1, 1970, and January 1, 1975. The constitutional office of tax assessor was abolished and the constitutional office of property appraiser was created in its stead by amendment to Article 8, Section (1)(d) in 1974. The petitioner was elected to the office of property appraiser in 1976, and commissioned on January 4, 1977. The petitioner's duties as property appraiser were and are the same as they were when he was the tax assessor. Petitioner has been in office continually since January 6, 1953, either as tax assessor or property appraiser. He has not terminated his employment and received a refund of contributions; has not had a non-creditable leave of absence; nor was he off the payroll for at least one calendar month.
Recommendation Based upon the findings of fact and conclusions of law recited above, it is recommended that petitioner's demand for admittance into the Florida Retirement System as of January 4, 1977, be denied. DONE and ENTERED this 20th of December, 1977, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: William A. Cooper, Jr., Esquire Davenport, Johnston, Harris, Gerde and Harrison 406 Magnolia Avenue Robert L. Kennedy, Jr. Panama City, Florida 32401 State Retirement Director Division of Retirement Cedars Executive Center 2639 North Monroe Street Tallahassee, Florida 32303 Stephen S. Mathues, Esquire Assistant Division Attorney Cedars Executive Center 2639 North Monroe Street Suite 207-C, Box 81 Tallahassee, Florida 32303
