07-002759 George Tamalavich vs. Department Of Management Services, Division Of Retirement Status: Closed Recommended Order on Tuesday, April 8, 2008.

Summary: Petitioner was a temporary part-time adult vocational education instructor during contested period, not in a regularly established position. Respondent is not bound by the school board`s errors. Estoppel is not supported by evidence.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GEORGE TAMALAVICH, )

)

Petitioner, )

)

vs. ) Case No. 07-2759

)

DEPARTMENT OF MANAGEMENT )

SERVICES, DIVISION OF )

RETIREMENT, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing in this case was held on January 16, 2008, by

video teleconference between Tallahassee and Fort Lauderdale,

Florida, before Eleanor M. Hunter, Administrative Law Judge of

the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Jane Letwin, Esquire

The Law Office of Jane Letwin

10540 La Placida Drive, North

Coral Springs, Florida 33065

For Respondent: Larry D. Scott, Esquire

Assistant General Counsel

Department of Management Services

4050 Esplanade Way, Suite 160

Tallahassee, Florida 32399-0950

STATEMENT OF THE ISSUE

Whether Petitioner is eligible to participate in the

Florida Retirement System based on his employment from

January 29, 2001, through June 30, 2004.

PRELIMINARY STATEMENT

Petitioner, George Tamalavich, requested the Division of

Retirement ("Division") to determine his eligibility for Florida

Retirement System ("FRS") service credit from January 29, 2001,

through June 30, 2005. In a letter dated May 1, 2007, the

Division notified Petitioner that he was not eligible to

participate in the FRS from January 29, 2001, through June 30,

2005, because he was employed in a temporary position as an

adult vocational education instructor with the Broward County

School Board from January 2001 through March 2004, not in a

regularly established position.

In a letter dated May 21, 2007, the Petitioner requested a

hearing. The case was referred to the Division of

Administrative Hearings on June 14, 2007. A hearing, scheduled

for August 27, 2007, was re-scheduled for November 5, 2007,

based on the filing of Petitioner's Amended Emergency Motion for

Continuance. On consideration of Petitioner's and Respondent's

Joint Motion to Continue Hearing, filed on October 31, 2007, the

hearing was re-scheduled for January 16, 2008. The court

reporter filed the transcript on February 5, 2008. Following

the granting of Motions for Extension of Time to File Proposed

Recommended Orders by both Petitioner and Respondent, Proposed

Recommended Orders were received on February 25, 2008.

Petitioner also filed, on March 4, 2008, Petitioner's

Motion to Supplement the Record with two documents asserted to

have been found subsequent to the hearing and requested that the

Division be required to revise its determination of FRS

eligibility based on the documents, a Personnel Action Form

dated 9/29/93, and a Statement of Earnings dated 9/30/93.

Respondent filed an objection to supplementing the record. The

Petitioner did not asked for jurisdiction to be relinquished to

the Division to consider recalculating years of service based on

the new documents and, without review and an explanation by

Division personnel or any other witness, the undersigned is

unable to determine how, if at all, the documents affect this

case. Petitioner can presumably submit the additional

information to the Division for determination, as he did when

the earlier denial gave rise to this case.

On March 14, 2008, Petitioner's Motion to the Court to Take

Notice of a Document Filed in the Record Prior to the Hearing

was filed, and was followed by Respondent's Objection to

Petitioner's Motion to the Court to Take Notice of a Document

Filed in the Record Prior to the Hearing. Petitioner noted that

the docket indicates that he filed the additional exhibit at

3:56 pm on January 15, 2008, the afternoon before the hearing.

That was untimely under the requirements of the pre-hearing

order. In addition, when an objection to the introduction of

the exhibit was raised at the hearing, the record reflects, on

page 47, line 20 of the transcript, that the tender was

withdrawn. As the record is closed, the renewed post-hearing

tender of the exhibit is denied. On March 21, 2008,

Petitioner's Second Motion to Supplement the Record was filed,

to introduce into evidence a document that was an exhibit in

Johnson-Rollins vs. Department of Management Services, Division

of Retirement , DOAH Case No. 03-4024 (R.O. 12/22/2003).

Respondent's Objection to Petitioner's Second Motion to

Supplement the Record and request for attorney's fees and costs,

as authorized by Sections 57.105 and 120.569(2)(e), Florida

Statutes, was filed on March 24, 2008. The Second Motion to

Supplement and the request for fees and cost are addressed in

the Conclusions of Law to this Recommended Order.

At the hearing, Petitioner presented his own testimony, and

the testimony of: Joyce Morgan, Benefits Administrator,

Enrollment Section, Division of Retirement; Sara Elizabeth

Snuggs, Director, Division of Retirement; Alex Macri,

coordinator for the professional development unit of the Broward

County School Board.

Respondent presented the testimony of: Charlene Fansler,

benefits administrator for educational members of the Florida

Retirement System; Ronald Weintraub, Director of Benefits for

Broward County School Board; and Robert Crawford, Principal of

Atlantic Technical Center and High School.

The following Exhibits were submitted without objection as

Joint Exhibits:

Book 1

1. Memorandum No. 81-60, dated December 23, 1981.

2. Annual Professional Service Contract for Mr. George

Tamalavich, for school year 1998 to 1999.

3. Copies of Atlantic Technical Center agreements for Mr.

George Tamalavich for the years effective August 28,

2001, January 27, 2003 and August 25, 2003.

4. Personnel Action Form of January 29, 2001.

5. Copy of Broward County School Board Policy 4107

entitled “Part-time Temporary Instructional Personnel

in Vocational Adult and Community Education Programs,”

with approval documents.

6. Employee Payroll Timesheets for Mr. George Tamalavich

for the years 2000 to 2004.

7. Notice dated May 7, 2003 from Dan G. Cochran,

Associate Superintendent to Identified Employee,

Subject Retirement System Contributions.

8. Letter dated June 7, 2004, from Sarabeth Snuggs to

Frank Till, Superintendent.

9. Letter dated June 23, 2004, to Sarabeth Snuggs from

Ronald Weintraub.

10. Notice dated August 25, 2004, to “Identified Employee”

from Dan G. Cochran, Associate Superintendent.

11. Copy of pages of FRS Handbook, I – XVII, pages 1 – 7

to 1 – 10.

12. Composite Exhibit George Tamalavich’s Request for a

Leave of Absence from The School Board of Broward

County, Florida, for school year 1999 – 2000; Letter

dated September 21, 1999, from Gracie M. Diaz,

Instructional Staffing Director, to George Tamalavich;

Letter dated April 3, 2000, from Gracie M. Diaz,

Instructional Staffing Director, to George Tamalavich;

Instructional Suspensions/Terminations for 1999 2000;

Termination Document dated June 30, 2005.

13. Statement of Account, dated October 10, 2006,

addressed to Mr. George Tamalavich.

14. Review Member History for Mr. George Tamalavich.

15. Composite Exhibit Distribution Request Form FICA

Alternative Plan dated January 22, 2007; Form

Remuneration Statements; Bancore FICA Alternative Plan

information and enrollment form.

16. Division of Retirement History Summary Report for

Mr. George Tamalavich dated November 19, 2007.

17. Letter dated April 13, 2007, from Joyce Morgan,

Division of Retirement Benefits Administration to

George Tamalavich.

18. Deposition of Robert B. Crawford dated August 13,

2007.

19. Deposition of Alex Macri dated August 13, 2007.

20. Deposition of Marta LaCasse dated October 5, 2007.

21. Deposition of George J. Tamalavich dated October 5,

2007.

Book 2

22. Depositions of Joyce W. Morgan dated August 6, 2007

and November 19, 2007.

23. Deposition of Charlene Fansler dated December 3, 2007.

24. Deposition of Sara Elizabeth Snuggs dated December 18,

2007 and continued on January 4, 2008.

25. Deposition of Ronald J. Weintraub dated August 13,

2007.

26. Audit letter to Superintendent Franklin Till from

Joyce Morgan, Department of Management Services,

Management Review Specialist, dated July 3, 2002.

Official recognition was taken of Chapter 121, Florida

Statutes (2007), and Florida Administrative Code Rules 60S-

FINDINGS OF FACT

1. The Secretary of the Department of Management Services

through the Division is the administrator for the FRS.

2. FRS was established by the State of Florida to provide

pension benefits to eligible employees of the State of Florida

and county agencies, including county school boards.

3. Petitioner, George Tamalavich ("Petitioner" or

"Mr. Tamalavich"), attended Fitchburg State College in

Massachusetts, where he received a certificate for teaching in

the trade industry.

4. Prior to coming to Florida, Petitioner taught at the

Worchester County Trade School for eight years, and participated

in the Massachusetts State Pension Plan.

5. In 1990, Petitioner relocated to Florida and obtained a

part-time position, first for two days a week, then increasing

to four days a week, teaching a computer-aided manufacturing and

design course at McFatter Vocational Technical School

(“McFatter”) in the Broward County School District (BCSD).

6. In his initial position at McFatter, Petitioner

testified that he knew he did not qualify for annual leave or

other fringe benefits, including FRS membership, although he

claimed not to remember that anyone specifically told him he was

not receiving pension credit.

7. From October 1993 until June 1999, Petitioner was

employed by the BCSD in a full-time position under the terms of

an annual contract. He testified that, with the annual

contract, he had a salary, received fringe benefits and did not

have to submit time sheets.

8. Because he was employed in a regularly established

position, Mr. Tamalavich was eligible for membership in the FRS

and received service credit for 5 years and 9 months, through

the end of his contract in September 1999.

9. In September 1999, Petitioner requested and received a

leave of absence for the 1999-2000 school year. The letter

advising Mr. Tamalavich of the approval of his leave included a

requirement that he notify the BCSB of his plans for the

following year by March 1, 2000. In a letter dated February 14,

2000, the BCSB sent a reminder of the March 1, 2000, deadline.

On April 3, 2000, the BCSB sent notice to Mr. Tamalavich by

certified mail, with a receipt returned to the BCSB, that his

termination would be recommended for failure to respond to the

February 14, 2000, letter. Mr. Tamalavich testified that he

received notice of his termination after the fact but not the

letters setting the March 1 deadline. The notice of termination

did not include information on appealing that decision.

10. Mr. Tamalavich was hired at a different school in

2001. When he returned to work he signed agreements dated

August 28, 2001, for the 2001-2002 school year; January 27,

2003, for the 2002-2003 school year; and August 25, 2003, for

the 2003-2004 school year. Petitioner was employed as a part-

time adult vocational education instructor at Atlantic Technical

Center (“Atlantic”) in the BCSD during these school years.

During his employment at Atlantic, Petitioner submitted time

sheets and was compensated on an hourly basis. He acknowledged

in his testimony that he was in a temporary position when he

returned to work in August 2001.

11. The agreements for part time employment at Atlantic

provided that:

THE ADMINISTRATOR MAY INITIATE OR TERMINATE

THIS AGREEMENT UPON NOTICE. This

appointment is contingent upon sufficient

enrollment and attendance in the

program/course “assigned” or the class will

be canceled and this agreement shall be null

and void.

The employee's signature below indicates

acceptance of the appointment subject to all

terms and conditions of Board Policy 6Gx6-

4107.

12. BCSD policy 6Gx6-4107 provides, in pertinent part,

that:

2. The conditions of employment listed

herein apply only to those personnel

employed on a part-time, temporary basis to

teach courses on a course-by-course basis or

to provide part-time instructional support

to programs in post-secondary adult

vocational education, adult general

education, Community Instructional Services,

and education for personal improvement.

. . . .

4. Part-time temporary teachers shall have

no guarantee or expectation of continued

employment and may be terminated upon

written notice by the location

administrator.

. . . .

7. Part-time temporary teachers shall be

paid an hourly salary based upon the Salary

Schedule adopted for part-time, temporary

employees.

. . . .

9. Part-time, temporary teachers shall not

be eligible for a continuing contract or for

a Professional Service Contract and are not

entitled to fringe benefits regardless of

the time of service as a part-time employee.

13. Mr. Tamalavich testified that he saw BCSD policy 6Gx6-

4107 for the first time at the hearing in this case, although he

worked at Atlantic from August 2001, until he was forced to

leave due to a serious illness on March 12, 2004. The principal

of Atlantic, who hired Petitioner, testified that he would

determine every nine or eighteen weeks whether enrollment was

sufficient and then give Mr. Tamalavich his schedule.

14. Because Petitioner did not have six years in the FRS

prior to July 1, 2001, and was not employed in a regularly

established position on July 1, 2001, when vesting requirements

were reduced from ten to six years, the Division determined that

he is not vested in the FRS and therefore he is not eligible to

receive retirement benefits from the FRS.

15. Mr. Tamalavich claims entitlement to more FRS service

credit because of errors made by the BCSD, which reflected that

he was enrolled in the FRS from July 1, 2003, until August 25,

2004, although initially his counsel asserted that the contested

period of time extended to June 30, 2005.

16. As a result of a computer programming error, the BCSB

incorrectly grouped together all personnel who had worked for

more than six months and notified them, including temporary

adult vocational education instructors, that they were eligible

for FRS service credit.

17. The notice dated May 7, 2003, was sent to "Identified

Employees" in temporary positions existing beyond six months

advising the employees that they would be enrolled in FRS

effective July 1, 2003. Mr. Tamalavich testified that he

received the notice.

18. After the notice of May 7, 2003, several temporary

adult vocational education instructors began to request the

Division to review their entire employment history to determine

their FRS service credit.

19. After receiving an inordinate number of these requests

and reviewing on a case-by-case basis personnel documents

provided by the BCSB, the Division determined that temporary

adult vocational education instructors were being reported in

error by the BCSD for FRS service credit.

20. In a letter dated June 7, 2004, the Interim State

Retirement Director wrote to the Superintendent of the BCSD,

citing Florida Administrative Code Rule 60S-1.004(5)(d)(3),

which excludes positions established with no expectation of

continuation beyond one semester or one trimester. The letter

also included other factors related to ineligibility for FRS

credit, including compensation at an hourly rate, and employment

based on enrollment and funding contingencies.

21. The Superintendent was advised specifically that

"[a]dult vocational education instructors are essentially

temporary in nature, where there is no promise, claim or right

of employment beyond the quarter, semester or trimester to which

they are appointed to teach."

22. On June 23, 2004, the Director of the Benefits

Department responded for the BCSD conceding that part-time adult

vocational education instructors, including those filling

temporary positions, were inadvertently enrolled in the FRS

beginning on July 1, 2003, and that the FRS contributions would

be retroactively reversed.

23. On August 25, 2004, a notice was sent by the BCSB to

"identified employees" advising them that adult vocational

education teachers were erroneously enrolled in the FRS, and

that they would be removed retroactively to July 1, 2003.

Mr. Tamalavich received the notice that did not include any

information on appealing the decision.

24. There was no claim of erroneous deductions from

Mr. Tamalavich’s pay, despite his testimony that FRS

contributions were taken out of his paycheck. Employee funds

are not withheld for payments into the FRS plan. It is and has

been, since 1975, solely employer-funded.

25. For temporary employees who are not eligible for

enrollment in the FRS, the BCSB provides a FICA Alternative

Retirement Plan administered by Bencor.

26. Contributions to the Bencor-administered plan were

made on behalf of Mr. Tamalavich, who requested and received a

distribution from that fund in January 2007.

CONCLUSIONS OF LAW

27. The Division of Administrative Hearings has

jurisdiction over the parties and the subject matter of these

proceedings, pursuant to Sections 120.569 and 120.57(1), Florida

Statutes (2007).

28. Petitioner has the burden of proof by a preponderance

of the evidence. Florida Department of Transportation v. J.W.C.

Company , 396 So. 2d 778 (Fla. 1st DCA 1981); Balino v.

Department of Health and Rehabilitative Services , 348 So. 2d 349

(Fla. 1st DCA 1977); and Young v. Department of Community

Affairs , 625 So. 2d 831 (Fla. 1993).

29. Respondent administers the FRS as authorized in

Chapter 121, Florida Statutes, and the rules promulgated in

Florida Administrative Code Chapter 60S.

30. Florida Administrative Code Rule 60S-1.002(2)

provides:

The Division shall deny membership to any

officer or employee who does not meet the

requirements for membership in the Florida

Retirement System as set forth in Chapter

121, F.S. and these rules.

31. Section 121.051, Florida Statutes (2007), provides for

compulsory participation in the FRS for all employees hired

after December 1, 1970. Section 121.021(11), Florida Statutes

(2007), defines “employee” as:

"Officer or employee" means any person

receiving salary payments for work performed

in a regularly established position and, if

employed by a city, a metropolitan planning

organization, or a special district,

employed in a covered group.

32. In Section 121.021(52)(b), Florida Statutes (2007), a

“regularly established position” is defined as follows:

(b) In a local agency (district school

board, county agency, community college,

city, metropolitan planning organization, or

special district), the term means a

regularly established position which will be

in existence for a period beyond 6

consecutive months, except as provided by

rule.

33. Section 121.021(53) (b), Florida Statutes (2007),

defines a “temporary position” as follows:

(b) In a local agency, the term means an

employment position which will exist for

less than 6 consecutive months, or other

employment position as determined by rule of

the division, regardless of whether it will

exist for 6 consecutive months or longer.

34. As authorized by Section 121.021(52)(b) and (53)(b),

Florida Statutes (2007), the Division has defined “temporary

which provides, in relevant part,:

(d) The following types of positions in a

local agency are considered temporary

positions for retirement purposes.

Documents to support such temporary

positions listed below must be maintained in

the agency's records (see subsection 60S-

5.007(2), F.A.C.).

3. Temporary Instructional Positions

(positions which are established with no

expectation of continuation beyond one

semester or one trimester at a time, to

teach in a community college, public school,

or vocational institution; effective July 1,

1991, such positions may include paper

graders, tutors, notetakers, and lab tutors

at community colleges).

35. Competent substantial evidence supports the conclusion

that Petitioner was employed as a temporary adult vocational

education instructor on a class-by-class, semester-by-semester

basis for the period January 29, 2001, through June 30, 2004.

36. Petitioner contends that this case is governed by

Hoffman v. Dep't of Mgmt Servs, Division of Retirement , 964 So.

2d 163 (Fla. 1st DCA 2007). The Court, in Hoffman , described

the facts as follows:

In the case we have before us, Appellant

failed to timely respond to three letters

from the Department of Management Services,

Division of Retirement (Division), notifying

her of an entitlement to a monthly

retirement benefit following her husband's

death in 1996. Nine years later Appellant

requested retroactive benefits, which the

administrative law judge (ALJ) granted. The

Department of Management Services

(Department) issued a final order reversing

the ALJ's decision. While we are not

unsympathetic to the human misfortune

involved in this case, judicial restraint

and the constitutional requirement of the

separation of powers precludes this court

from directing the executive branch to grant

relief here. See Fla. Const., Art. II, § 3 .

37. The Hoffman court disagreed with the ALJ's factual

finding that the Division's letters to appellant were deficient

because they were unclear and failed to provide adequate notice,

and agreed with the Division that the finding was not supported

by competent, substantial evidence. There is no plausible claim

that the BCSD's notices terminating Petitioner and retroactively

removing him from the FRS were not clear, but they were

deficient in failing to provide a clear point-of-entry to appeal

those decisions.

38. The court, in Hoffman , also held that the appellant is

presumed to have notice of all applicable rules and statutes.

This conclusion does not support Petitioner's contention he

should have been given a copy of BCSB policy 6Gx6-4107.

39. Petitioner cited the case of Wise v. Dep't of Mgmt

Servs, Division of Retirement , 930 So. 2d 867 (Fla 2nd DCA

2006), for the proposition that, during the contested period of

time, Mr. Tamalavich was misled. Ms. Wise, a full-time school

teacher who worked part-time on a special project, was asked to

reverse the arrangement and work as a part-time teacher and full

time on the special project as an "adjunct." Ms. Wise was never

told that the "adjunct" position was "temporary" or a "temporary

position." In this case, Petitioner's agreements and his

testimony support the conclusion that he knew he was in a

temporary position.

40. Petitioner relies on Urrechaga v.Dep't of Management

Services, Division of Retirement , DOAH Case No. 06-3265 (R.O.

12/11/06), a case that is arguably comparable because

Ms. Urrechaga was included and then excluded from the FRS

without any intervening change in her position. Two factors,

however, distinguish that case from this one. First, the

intervening factors here are Petitioner's leave of absence,

failure to indicate his intent to return under his annual

contract, and termination, and the explicit agreements he signed

when he was employed at Atlantic. Second, and perhaps more

compelling, the contested period of service in Urrechaga was

prior to July 1979. Until July 1, 1979, local agencies had the

discretion to determine whether or not an employee would be

included the FRS, and the school board agreed with Ms. Urrechaga

that it had mistakenly stopped paying FRS contributions for her.

41. The notion that an error in enrollment in the FRS

cannot be corrected is contrary to the provisions of Section

121.193, Florida Statutes (2007), which authorizes the

Department of Management Services to conduct external compliance

audits and require corrective action, as follows:

(1) The department shall conduct audits of

the payroll and personnel records of

participating agencies. These audits shall

be made to determine the accuracy of reports

submitted to the department and to assess

the degree of compliance with applicable

statutes, rules, and coverage agreements.

Audits shall be scheduled on a regular

basis, as the result of concerns known to

exist at an agency, or as a follow up to

ensure agency action was taken to correct

deficiencies found in an earlier audit.

(2) Upon request, participating agencies

shall furnish the department with

information and documents that the

department requires to conduct the audit.

The department may prescribe by rule the

documents that may be requested.

(3) The department shall review the

agency's operations concerning retirement

and social security coverage. Preliminary

findings shall be discussed with agency

personnel at the close of the audit. An

audit report of findings and recommendations

shall be submitted to department management

and an audit summary letter shall be

submitted to the agency noting any concerns

and necessary corrective action.

42. The BCSD’s mistake of law in the notice that

Petitioner was included in the FRS was apparently a decision

that it was not authorized to make. Its misrepresentations and

failure to give notice of any appeals processes for those

misrepresentations and Petitioner’s termination arguably

affected Petitioner’s substantial interests, but were not

actions taken by the Division. Austin v. Austin , 350 So. 2d 102

(Fla. 1st DCA 1977); and Infantino v. Dept. of Administration ,

(DOAH Case No. 88-4905 (R.O. 4/5/89)).

43. Although Petitioner’s Second Motion to Supplement the

Record is deemed inappropriate, the legal issue raised is,

nevertheless, discussed. In Johnson-Rollins v. Dep’t. of Mgmt.

Services, Division of Retirement , Ms. Johnson-Rollins was not

vested during the contested period because she signed a document

entitled “Acknowledgment of FRS Status and Alternative Plan”

that clearly advised her that she was not covered by the FRS.

It is the claim that the absence of a similar document in this

case requires a different result. As noted, the agreements

signed by Mr. Tamalavich throughout his employment at Atlantic

are clear. They referenced the contingencies of his employment

and the BCSD policy that part-time temporary teachers received

no fringe benefits.

44. Finally, Petitioner raises the issue of estoppel based

on notice he received on May 7, 2003. Estoppel was also

considered in Hoffman , which cited Wise as an example of a

situation where a person received tacit representations that

caused her to change her position to her detriment. There is no

evidence that Mr. Tamalavich changed his position as a result of

the erroneous notice he received in May 2003.

45. Considering the applicable cases, statutes and rules,

Petitioner is not eligible for FRS benefits for the period from

January 29, 2001, through June 30, 2004.

46. Jurisdiction is retained, pursuant to Sections 57.105

and 120.569(2)(e), Florida Statutes (2007), to consider

Respondent's claim of entitlement to fees and costs.

RECOMMENDATION

Based on the foregoing Findings of Facts and Conclusions of

Law, it is

RECOMMENDED that the Department of Management Services,

Division of Retirement, enter a final order denying Petitioner’s

request to participate in FRS from January 29, 2001, through

June 30, 2004.

DONE AND ENTERED this 8th day of April, 2008, in

Tallahassee, Leon County, Florida.

S

ELEANOR M. HUNTER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 8th day of April, 2008.

COPIES FURNISHED :

Larry D. Scott, Esquire

Department of Management Services

4050 Esplanade Way, Suite 160

Tallahassee, Florida 32399-0950

Jane Letwin, Esquire

The Law Office of Jane Letwin

10540 La Placida Drive, North

Coral Springs, Florida 33065

J. Leonard Fleet, Esquire

Fleet Dispute Resolution

625 32nd Avenue, Southwest

Vero Beach, Florida 32968

Sarabeth Snuggs, Director

Division of Retirement

Department of Management Services

Post Office Box 9000

Tallahassee, Florida 32315-0950

John Brenneis, General Counsel

Department of Management Services

4050 Esplanade Way

Tallahassee, Florida 32399-0950

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

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

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.