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06-001488 Charles D. Young, Ii vs. Department Of Juvenile Justice
 Status: Closed
Recommended Order on Wednesday, July 26, 2006.

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Summary: Petitioner was overpaid. Respondent was correct in calculating the amount of overpayment and in requiring Petitioner to repay the sum.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8CHARLES D. YOUNG, II , )

13)

14Petitioner , )

16)

17vs. ) Case No. 06 - 1488

24)

25DEPARTMENT OF JUVENILE JUSTICE , )

30)

31Respondent . )

34)

35RECOMMENDED ORDER

37This cause came on for formal hearing before Harry L.

47Hooper, Administrative Law Judge with the Division of

55Administrative Hearings, on July 11, 2006, in Marianna, Florida.

64APPEARANCES

65For Petitioner: Charles D. Young, II

715364 Young Lane

74Marianna, Flo rida 32448

78For Respondent: Mary Linville Atkins, Esquire

84Department of Juvenile Justice

882737 Centerview Drive

91Tallahassee, Florida 32399 - 3100

96STATEMENT OF THE ISSUE

100The issue is whether the Respondent, Department of Juvenile

109Justi ce is entitled to repayment for a salary overpayment made

120to Petitioner.

122PRELIMINARY STATEMENT

124Petitioner Charles D. Young, II (Mr. Young), was informed

133by a letter from his employer, Department of Juvenile Justice

143(the Department) dated November 3, 200 5, that he had received

154pay to which he was not entitled in the amount of $3,875.34.

167Subsequently, in a letter dated April 10, 2006, he was informed

178that a review of the amount owed demonstrated that he owed the

190Department $2,214.12.

193He was advised of his right to dispute the overpayment and

204in response requested an administrative hearing. The matter was

213forwarded to the Division of Administrative Hearings in a letter

223dated April 24, 2006. It was set for hearing in Marianna,

234Florida , and heard as sche duled on July 11, 2006.

244Petitioner did not appear at the hearing. Respondent

252presented the testimony of Vivian Chambliss, a payroll

260specialist in the Department's Bureau of Personnel, and offered

26911 exhibits into evidence and they were admitted.

277No Tran script was prepared. After the hearing, Respondent

286filed its Proposed Findings of Fact and Conclusions of Law on

297July 24, 2006.

300References to statutes are to Florida Statutes (2004)

308unless otherwise noted.

311FINDINGS OF FACT

3141. The Department is cha rged with planning, coordinating,

323and managing the delivery of all programs and services within

333the juvenile justice continuum.

3372. Mr. Young was an employee of the Department during

347times pertinent.

3493. The Department pays its personnel every two weeks.

358During pay periods ending January 1, 2004; January 29, 2004,

368February 12, 2004; and February 26, 2004, Mr. Young, perhaps

378believing he could be absent using leave from the sick leave

389pool, did not work and did not qualify for the salary payments

401he recei ved.

4044. Because state salary warrants are paid by exception, he

414received payments even though he did not submit a time sheet.

425Subsequently the Department prepared time sheets for Mr. Young.

434He did not sign these time sheets.

4415. By November 3, 2005, t he Department determined that

451five warrants had been issued inappropriately and that he owed

461the State of Florida $3,875.34. Subsequently, the Department

470reviewed the records, and after taking into consideration

478Mr. Young's annual leave and the federal t ax paid on his behalf,

491determined that he owed $2,214.12.

4976. The Department, through personnel records, demonstrated

504that this money was paid in error and should be returned by

516Mr. Young. Nothing in the evidence indicated otherwise.

524CONCLUSIONS OF LAW

5277. The Division of Administrative Hearings has

534jurisdiction over the subject matter of and the parties to this

545proceeding. § 120.57(1), Fla. Stat.

550RECOMMENDATION

551Based upon the Findings of Fact and Conclusions of Law, it

562is

563RECOMMENDED that a Final Order be entered stating that

572Charles D. Young, II, owes the State of Florida $2,214.12, and

584requiring the repayment of said sum forthwith.

591DONE AND ENTERED this 26th day of July, 2006, in

601Tallahassee, Leon County, Florida.

605S

606HARRY L. HOOPER

609Administ rative Law Judge

613Division of Administrative Hearings

617The DeSoto Building

6201230 Apalachee Parkway

623Tallahassee, Florida 32399 - 3060

628(850) 488 - 9675 SUNCOM 278 - 9675

636Fax Filing (850) 921 - 6847

642www.doah.state.fl.us

643Filed with the Clerk of the

649Division of Admini strative Hearings

654this 26th day of July , 2006 .

661COPIES FURNISHED :

664Mary Linville Atkins, Esquire

668Department of Juvenile Justice

6722737 Centerview Drive

675Tallahassee, Florida 32399 - 3100

680Charles D. Young, II

6845364 Young Lane

687Marianna, Florida 32448

690Anthony Schembri, Secretary

693Department of Juvenile Justice

6972737 Centerview Drive

700Tallahassee, Florida 32399 - 3100

705Jennifer Parker, General Counsel

709Department of Juvenile Justice

7132737 Centerview Drive

716Tallahassee, Florida 32399 - 3100

721NOTICE OF RIGHT TO SUBMIT EX CEPTIONS

728All parties have the right to submit written exceptions within

73815 days from the date of this Recommended Order. Any exceptions

749to this Recommended Order should be filed with the agency that

760will issue the Final Order in this case.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 09/05/2006
Proceedings: Final Order filed.
PDF:
Date: 08/30/2006
Proceedings: Agency Final Order
PDF:
Date: 07/26/2006
Proceedings: Recommended Order
PDF:
Date: 07/26/2006
Proceedings: Recommended Order (hearing held July 11, 2006). CASE CLOSED.
PDF:
Date: 07/26/2006
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 07/24/2006
Proceedings: (Proposed) Recommended Order of Department of Juvenile Justice filed.
Date: 07/11/2006
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 05/11/2006
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/11/2006
Proceedings: Notice of Hearing (hearing set for July 11, 2006; 10:00 a.m., Central Time; Marianna, FL).
PDF:
Date: 05/09/2006
Proceedings: Agency Response to Initial Order filed.
PDF:
Date: 05/09/2006
Proceedings: Notice of Appearance (filed by M. Atkins).
PDF:
Date: 04/26/2006
Proceedings: Initial Order.
PDF:
Date: 04/25/2006
Proceedings: Letter to V. Chambliss from C. Young regarding response to the letter received November 8, 2005.
PDF:
Date: 04/25/2006
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 04/25/2006
Proceedings: Notification of Salary Overpayment filed.
PDF:
Date: 04/25/2006
Proceedings: Agency referral filed.

Case Information

Judge:
HARRY L. HOOPER
Date Filed:
04/25/2006
Date Assignment:
04/26/2006
Last Docket Entry:
09/05/2006
Location:
Marianna, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (1):