10-009754 Mark E. Brutnell vs. Department Of Financial Services Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 1, 2010.

FILED

DEC 30 2010

REPRESENTING

Docketed byD CHIEF ALEX FINANCIALOFFICER SINK

STATE OF FLORIDA

IN THE MATTER OF:

Case No.: 112942-10

MARK BRUTNELL

___________ ---'1

FINAL ORDER DENYING REOUEST

FOR UNFORSEEN EMERGENCY WITHDRAWAL

THIS PROCEEDING CAME on for final agency action and the Chief Financial Officer,

having considered the record, including the Notice of Denial dated August 30, 2010, and being

fully advised in the premises, finds that:

I. On August 30, 2010, the Department issued a Notice of Denial of Request for

Unforeseeable Emergency Withdrawal ("Notice of Denial") against Mark Brutnell ("Petitioner")

for his request of an emergency withdrawal of from his deferred compensation account for the

purpose of having a child through a surrogacy process. The Notice of Denial is attached and

incorporated as Exhibit A.

2. On or about September 20, 20 I 0, Petitioner filed a Petition Challenging Denial of

Benefits ("Petition") disputing the material facts of the Notice of Denial. This case was

forwarded to the Division of Administrative Hearings.

3. On November 29, 2010, Petitioner filed a Notice of Withdrawal for Request for

Formal Hearing.

4. On December I, 2010, the Administrative Law Judge entered an Order Closing

File and remanded the caseback to the Department.

Filed January 3, 2011 2:39 PM Division of Administrative Hearings

FINDINGS OF FACT

5. Thefactual allegations contained in the Notice of Denial issued on August 30,

2010, which is attached hereto as Exhibit A, and fully incorporated herein by reference, are

hereby adopted as this Department's Findings of Fact in this case.

CONCLUSION OF LAW

6. Based upon the Findings of Fact adopted herein, the Department hereby adopts

the Conclusions of Law in the Notice of Denial, attached hereto as Exhibit A, as the Conclusions

of Law in this case.

IT IS HEREBY ORDERED AND ADJUDGED that the Findings of Fact in the Notice of

Denial are adopted as the Department's Findings of Fact, and that the Conclusions of Law in the

Notice of Denial, are adopted as the Department's Conclusions of Law.

IT IS HEREBY FUTHER ORDERED AND ADJUDGED that Mark Brutnell's

application for a Request for Unforeseeable Emergency Withdrawal is DENIED.

NOTICE OF RIGHT TO APPEAL

Any party to these proceedings adversely affected by this Order is entitled to seek review

of this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Fla.R.App.P. Review

proceedings must be instituted by filing a petition or notice of appeal with the Julie Jones, DFS

Agency Clerk, at 612 Larson Building, Tallahassee, Florida 32399-0333, and a copy of the same

with the appropriate District Court of Appeal withinthirty (30) days of rendition ofthis Order.

DONE and ORDERED this.. 30 day bee ,2010.

TAMMYT TON

Chief of Staff

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing FINAL ORDER

DENYING REQUEST FOR UNFORSEEN EMERGENCY WITHDRAWAL was furnished by

U.S. mail on this 3".,) day of ,201', to thefollowing:

T. Delegal

Delegal Law Offices, P.A.

424 East MOill'oe Street

Jacksonville, FL 32202

Florida Bar Number 0634948

Florida Department of Financial Services

Division of Legal Services

200 East Gaines Street

Tallahassee, FL 32399-0333

Tel [phone]

Fax [phone]

Attorney for Department