09-003350RX Deborah Bohler vs. Department Of Management Services, Division Of Retirement Status: Closed DOAH Final Order on Tuesday, November 10, 2009.

Summary: Petitioner challenged Rule estab. form for spousal acknowledgement. Re: Option 1 retirement benefits. Consolidated case R.O. found for Petitioner and awarded benefits, the rule challenge is moot. R.O. satisfied her interests and no longer has standing.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEBORAH BOHLER, )

)

Petitioner, )

)

vs. ) Case Nos. 09-3350RX

)

DEPARTMENT OF MANAGEMENT )

SERVICES, DIVISION OF )

RETIREMENT, )

)

Respondent. )

)

FINAL ORDER OF DISMISSAL

This cause comes before the undersigned, pursuant to the

petition filed by the Petitioner, Deborah Bohler, challenging

the validity of Florida Administrative Code Rule 60S-

9.001(2)(s). Specifically, the dispute concerns whether the

Division of Retirement's application for Service Retirement and

the Deferred Retirement Program (Form DP-11) is an invalid

exercise of delegated legislative authority for reasons set

forth in Section 120.52(8)(c)-(e), Florida Statutes.

This Petitioner also has prosecuted a petition pursuant to

Section 120.57(1) and 120.569, Florida Statutes (2009), by which

she seeks to obtain retirement benefits as a surviving spouse

and joint annuitant of her deceased husband, the FRS member,

George S. Bohler. That case was consolidated with the subject

rule challenge petition and heard together. That case has been

adjudicated before the Division of Administrative Hearings by

Recommended Order, which Recommended Order determined and

concluded that the Petitioner was entitled to retirement

benefits as a surviving spouse and joint annuitant of her

deceased husband. Consequently, her substantial interests were

addressed and adjudicated in that case in her favor. Because of

the result in that case, the Recommended Order determined her

substantial interests. She therefore no longer has a

substantial interest in challenging and overturning the subject

rule. The result in the Recommended Order in the case

originally numbered 09-2842 has effectively rendered the subject

rule challenge moot. Consequently, being advised in the

premises, it is

ORDERED that the challenge to Florida Administrative Code

Rule 60S-9.001(2)(s) has been rendered moot based upon the

above-referenced determination and this case, numbered 09-3350RX

is hereby dismissed without prejudice.

DONE AND ORDERED this 10th day of November, 2009, in

Tallahassee, Leon County, Florida.

S

P. MICHAEL RUFF

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 10th day of November, 2009.

COPIES FURNISHED :

Elizabeth Regina Stevens, Esquire

Department of Management Services

Office of the General Counsel

4050 Esplanade Way, Suite 160

Tallahassee, Florida 32327

T. A. Delegal, Esquire

Delegal Law Offices, P.A.

424 East Monroe Street

Jacksonville, Florida 32202

Sarabeth Snuggs, Director

Division of Retirement

Department of Management Services

Post Office Box 9000

Tallahassee, Florida 32315-9000

John Brenneis, General Counsel

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 the original Notice of Appeal with the agency clerk of

the Division of Administrative Hearings and a 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 Appellate District where the party resides. The notice of

appeal must be filed within 30 days of rendition of the order to

be reviewed.