11-003274 Mark G. Bollone vs. Department Of Management Services, Division Of Retirement Status: Closed Recommended Order on Wednesday, October 19, 2011.

Summary: Petitioner forfeited his rights and benefits in the Florida Retirement System because of his nolo contendere plea to possession of child pornography on Community College computer.

Case No. 11-3274

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARK G. BOLLONE, RECOMMENDED ORDER )

)

Petitioner, )

vs. )

)

DEPARTMENT OF MANAGEMENT )

SERVICES, DIVISION OF )

RETIREMENT, )

)

Respondent. )

)

)

On September 14, 2011, a duly-noticed hearing was held in

Tallahassee, Florida, before F. Scott Boyd, an Administrative

Law Judge assigned by the Division of Administrative Hearings.

APPEARANCES

For Petitioner: H. B. Stivers, Esquire

Levine and Stivers

245 East Virginia Street

Tallahassee, Florida 32301

For Respondent: Geoffrey M. Christian, Esquire

Department of Management Services

4050 Esplanade Way, Suite 160

Tallahassee, Florida 32399-7016

STATEMENT OF THE ISSUE

The issue in this case is whether Petitioner has forfeited

his rights and benefits under the Florida Retirement System

pursuant to section 112.3173, Florida Statutes (2010). 1 /

PRELIMINARY STATEMENT

In a certified letter dated April 13, 2011, Respondent

notified Petitioner, a former Professor at the Tallahassee

Community College (TCC), that his rights and benefits under the

Florida Retirement System were forfeited as a result of his no

contest plea to three counts of possession of child pornography,

in violation of section 827.071(5), Florida Statutes. A

Petition for Administrative Hearing dated May 31, 2011, was

filed challenging that forfeiture.

On June 28, 2011, the matter was transferred by the

Respondent to the Division of Administrative Hearings for

assignment of an administrative law judge. The hearing was

noticed for hearing on September 14, 2011, in Tallahassee.

Respondent filed a Request for Official Notice of five documents

related to Case 10-CF-3018, State of Florida v. Mark Bollone ,

from the Circuit Court of the Second Judicial Circuit in and for

Leon County. Petitioner opposed recognition of two of these

documents on hearsay grounds, but all were given official

recognition by pre-hearing Order on Pending Motion dated

August 8, 2011, with the caveat that no findings would be based

upon hearsay contained within the documents.

At hearing, Petitioner’s new objection to Exhibit R-1, the

Arrest/Probable Cause Affidavit, on the basis of relevancy was

sustained, and it was not admitted. Petitioner’s new objection

to the Amended Information on the basis of relevancy was

overruled, and Exhibit R-2 was admitted as a description of the

three counts to which the Petitioner subsequently pled no

contest. Exhibits R-3, the Plea and Acknowledgment of Rights,

and R-4, the Transcript of the Plea and Sentencing Hearing were

admitted. Exhibit R-5, the Judgment, was admitted as evidence

of the fact that a judgment had been entered against Petitioner

for the offenses, but not as proof of the facts underlying the

specific elements of the crime.

Respondent offered eight additional documents, identified

as Exhibits R-6 through R-13, which were admitted. The Leon

County Sheriff’s Office Offense/Incident Report, R-8, was

admitted for the limited purpose of showing the investigation

that prompted actions of the Department. The Supplemental

Florida Offense/Incident Report, R-10, was admitted for the

limited purpose of supplementing or explaining the testimony of

Detective Waller as to his direct activities and observations,

because much of the remainder of the report was hearsay within

hearsay. Respondent also presented the testimony of four

witnesses. Petitioner offered Exhibits P-1 and P-2, Annual

Assessments describing Petitioner’s work performance, which were

admitted into evidence, and the testimony of two witnesses.

The Transcript of the formal hearing was received on

September 30, 2011. Proposed Recommended Orders were filed by

both parties on October 11, 2011, and were considered in the

preparation of this Recommended Order.

FINDINGS OF FACT

Based on the record in this proceeding, including the

evidence presented at the formal hearing and the stipulation of

the parties in the Joint Response to Pre-hearing Order, the

following Findings of Fact are made:

1. The Florida Retirement System (FRS) is a public

retirement system as defined by Florida law.

2. The Florida Division of Retirement is charged with

managing, governing, and administering the FRS on behalf of the

Florida Department of Management Services.

3. On or about August 19, 1991, Mark G. Bollone began

employment as an instructor with TCC, an FRS-participating

employer.

4. By reason of this employment, Mr. Bollone was enrolled

in the FRS.

5. Mr. Bollone was assigned a computer that belonged to

TCC to assist him in the performance of his job duties, create

curriculum, and communicate with students and faculty.

6. Faculty at TCC are assigned computers primarily for

creating curriculum and communication with students and faculty,

but employees at TCC do use their computers for some other

things, both for job-related purposes and for personal use.

7. Mr. Bollone did not share his faculty office with

anyone else and he kept his faculty office door locked when he

was not there.

8. Computer technicians, custodial workers, the police,

and the Mathematics and Science Division office had keys to

Mr. Bollone’s office.

9. Computer technicians, custodial workers, the police,

and office staff were not supposed to use Mr. Bollone’s

computer, which was assigned for his exclusive use.

10. On or about September 1, 2010, the Leon County

Sheriff's Office executed a warrant at Mr. Bollone’s personal

residence.

11. During the execution of the warrant, Detective Robert

H. Waller , Jr. conducted an interview with Mr. Bollone.

12. Following the interview, Detective Waller contacted

the TCC Campus Police, who elected to secure the computer

equipment from Mr. Bollone's faculty office.

13. On or about September 3, 2010, Detective Waller

requested one of TCC's IT computer specialists to assist him in

removing the hard drive from Mr. Bollone's work computer.

14. On or about September 3, 2010, Detective Waller

conducted an examination of Mr. Bollone's work computer hard

drive and discovered three images of child pornography.

15. Detective Waller found the child pornography among the

folders associated with the LimeWire file-sharing program on the

TCC computer.

16. LimeWire is a peer-to-peer file-sharing program that

had been installed on the TCC computer assigned to Mr. Bollone.

LimeWire is not part of the software provided by TCC.

17. LimeWire cannot be installed accidently by clicking on

a link or opening an email, but must be downloaded, with the

user’s consent.

18. A user cannot download files using LimeWire by

accident. LimeWire has a search feature which is used to

intentionally seek out and download files.

19. The forensic examination revealed that two still

images of child pornography on the TCC computer assigned to

Mr. Bollone had been downloaded from the Gnutella network

through use of LimeWire on March 28, 2008, 2 / and had been

accessed subsequently.

20. The forensic examination revealed that one video file

of child pornography on the TCC computer assigned to Mr. Bollone

had been downloaded from the Gnutella network through use of

Limewire on March 31, 2008, and had been accessed subsequently.

21. E-mails, lesson plans and other files bearing the name

of Mark Bollone and associated with TCC classes had been created

close to the times the child pornography files were downloaded,

which reflected that Mark Bollone used the computer during this

time.

22. Detective Waller has completed training in digital

evidence acquisition and has experience in computer forensics.

His evidence as to the electronic files found on the TCC

computer taken from Mr. Bollone on September 1, 2010, as well as

the dates that the files had originally been downloaded and

subsequently accessed, was very credible.

23. Detective Waller also has experience in recognizing

and identifying child pornography. His involvement with the

North Florida Internet Crimes Against Children (ICAC) Task Force

in seeking out child predators on the Internet includes work

with several other task forces working on similar issues

nationally. His evidence that two still images and one video

file found among the other pornography located on the TCC

computer issued to Mr. Bollone constituted child pornography was

very credible.

24. The ongoing criminal investigation by the Leon County

Sheriff’s Office triggered Mr. Bollone’s writing of a letter to

TCC President Barbara Sloan dated September 6, 2010.

25. In the letter to TCC President Barbara Sloan,

Mr. Bollone asserted that he would be cleared following the

criminal investigation.

26. In the letter to TCC President Sloan, Mr. Bollone

admitted that, “I made mistakes. I misused my time and my

resources while at work.”

27. In the letter to President Sloan, Mr. Bollone admitted

that, “I was stupid. I understand this and I own it.”

28. In the letter to President Sloan, Mr. Bollone stated,

“I am taking steps to become a healthier person. I am getting

medical/professional help for my addictive behaviors.”

29. At hearing, Mr. Bollone stated that the addictive

behaviors he was referring to in the letter were on-line

“fantasy” behaviors related to sexual identity issues with which

he had been dealing.

30. Mr. Brown, Acting Vice President for Academic Affairs

at TCC, notified Petitioner on September 8, 2010, that because

pornography had been found on his work computer in the criminal

investigation conducted by the Leon County Sheriff’s Office, his

employment was terminated effective October 1, 2010.

Mr. Bollone was advised of his right to a hearing on the charge

and the method for requesting one.

31. Mr. Bollone did not request a hearing to contest these

charges resulting in his termination from TCC.

32. On or about September 10, 2010, Detective Waller

filed, in connection with his investigation of Mr. Bollone, a

sworn and

notarized Summary of Offense and Probable Cause Affidavit with

the Circuit Court of the Second Judicial Circuit, in and for

Leon County, Florida, LCSO Case No. 10-173144.

33. On September 13, 2010, Mr. Bollone was arrested by the

Leon County Sheriff’s Office.

34. On or about January 6, 2011, Mr. Bollone was charged,

by Amended Information, in relevant part, with three counts of

possession of child pornography, a third-degree felony, in

violation of section 827.071(5), Florida Statutes.

35. On or about March 4, 2011, Mr. Bollone entered an

agreement with the State Attorney's Office to plead no contest

to three counts of possession of child pornography as charged in

the Amended Information.

36. On March 4, 2011, Mr. Bollone attended a plea

conference in which he pled no contest to three counts of

possession of child pornography on September 1, 2010, as charged

in the Amended Information.

37. On or about March 4, 2011, judgment was entered

withholding adjudication of guilt on all counts.

38. Mr. Bollone possessed child pornography on the

computer owned by TCC, assigned to him to perform his duties as

a Professor, and housed in his faculty office.

39. Mr. Bollone was not convicted of aiding or abetting

embezzlement of public funds.

40. Mr. Bollone was not convicted of aiding or abetting

any theft by a public officer or employee of TCC.

41. Mr. Bollone was not convicted of bribery in connection

with his TCC employment.

42. Mr. Bollone was not convicted of any felony specified

in chapter 838, Florida Statutes.

43. Mr. Bollone was not convicted of an impeachable

offense.

44. Mr. Bollone was not convicted of any felony defined in

section 800.04, Florida Statutes, against a person less than

16 years of age.

45. Mr. Bollone was not convicted of any felony defined in

chapter 794, Florida Statutes, against a person less than 18

years of age.

46. Mr. Bollone had no inappropriate contact with a TCC

student.

47. Mr. Bollone had no inappropriate contact with a TCC

student that was harmful to the student.

48. During his tenure at TCC, Mr. Bollone always received

satisfactory evaluations from his Dean.

49. During his tenure at TCC, Mr. Bollone always received

average or above evaluations from his students.

50. In the 2007-2008 academic year, Mr. Bollone had

excellent student evaluations. Mr. Bollone provided extra-

curricular service to the College and community, including the

mentoring of a new faculty member, service as a member of the

Science Expert Review Committee for the Florida Comprehensive

Assessment Test (FCAT), and membership on School Advisory

Councils for Lincoln High School and Swift Creek Middle School.

Mr. Bollone performed all of the duties and responsibilities of

fulltime faculty members at TCC satisfactorily.

51. In his 2008-2009 academic year, Mr. Bollone again had

excellent student evaluations. Mr. Bollone’s new web-based

BSC1050 class was successful. Mr. Bollone continued to provide

extra-curricular services to the College and community.

Mr. Bollone carried out all of the duties and responsibilities

of a fulltime faculty member at TCC satisfactorily.

52. Mr. Bollone is not retired from the FRS and is not

receiving FRS retirement benefits.

53. Petitioner’s substantial interests are affected by

Respondent’s determination that Petitioner has forfeited his

retirement benefits.

54. Mr. Bollone downloaded the LimeWire file-sharing

application to the TCC computer that had been assigned to him.

The fact that the computer had been assigned to Mr. Bollone for

his exclusive use at the time it was downloaded and the fact

that there was limited access to the computer by others strongly

support this conclusion.

55. Petitioner downloaded still images of child

pornography on March 28, 2008, and a video file of child

pornography on March 31, 2008 onto his TCC-issued computer using

the LimeWire file-sharing application. Although Detective

Waller admitted he did not see Petitioner do so, the forensic

evidence showing that the files had been downloaded on these

dates, the fact that the computer had been assigned to

Mr. Bollone for his exclusive use, and the limited access to it

by others strongly support this conclusion. Mr. Bollone’s

statement that he did not recall downloading those files was not

credible.

56. Mr. Bollone accessed those child pornography files

from TCC’s computer after they were downloaded and prior to the

discovery of these files by Detective Waller. The forensic

evidence demonstrating that the files had been subsequently

accessed, the fact that the computer had been assigned to

Mr. Bollone for his exclusive use, and the limited access to it

by others strongly support this conclusion. Mr. Bollone’s

statement that he did not recall having viewed those files was

not credible.

57. Mr. Bollone knowingly possessed child pornography

using the TCC computer that had been assigned to him. The fact

that the computer had been assigned to Mr. Bollone for his

exclusive use and the limited access to it by others strongly

support this conclusion. Mr. Bollone’s statement at hearing

that he had no knowledge of child pornography being on the

computer was not credible.

58. Mr. Bollone’s possession of child pornography was done

willfully and with intent to defraud the public and TCC of the

right to receive the faithful performance of his public duty.

Mr. Bollone was aware that use of his TCC computer to acquire or

view child pornography was a violation of TCC policies. The use

of the TCC computer for possession of child pornography was

contrary to the faithful performance of his duty as an employee,

and was a breach of the public trust.

59. Mr. Bollone realized or obtained, or attempted to

realize or obtain, a profit, gain, or advantage to himself

through the use or attempted use of the power, rights,

privileges, duties, or position of his TCC employment.

Mr. Bollone possessed the child pornography for his personal

sexual gratification. Mr. Bollone was able to possess child

pornography on the TCC computer only through the use of the

power, rights, privileges and position of his employment at TCC.

60. Mr. Bollone possessed this child pornography on the

date the computer was taken from his possession, September 1,

2010, a time prior to retirement from the Florida Retirement

System.

CONCLUSIONS OF LAW

61. The Division of Administrative Hearings has

jurisdiction over the subject matter and the parties to this

action pursuant to sections 120.569, 120.57(1), and 112.3173(5),

Florida Statutes (2011).

62. Petitioner has demonstrated standing to maintain this

proceeding.

63. Respondent has the burden of proving by a

preponderance of evidence that Petitioner has forfeited his FRS

retirement benefits. Wilson v. Dep't of Admin., Div. of Ret. ,

538 So. 2d 139, (Fla. 4th DCA 1989).

64. Article II, section 8(d) of the Florida Constitution

provides:

SECTION 8. Ethics in government --A public

office is a public trust. The people shall

have the right to secure and sustain that

trust against abuse. To assure this right:

* * *

(d) Any public officer or employee who is

convicted of a felony involving a breach of

public trust shall be subject to forfeiture

of rights and privileges under a public

retirement system or pension plan in such

manner as may be provided by law.

65. This section of the Constitution is implemented in

chapter 112, Part III, of the Florida Statutes. The applicable

version of the pension forfeiture statute is the one in effect

on the date of the criminal acts leading to forfeiture.

See Busbee v. State Div. of Ret. , 685 So. 2d 914, 916-17 (Fla.

1st DCA 1996).

66. Forfeitures are not favored in Florida. The

retirement forfeiture statute should be strictly construed.

Williams v. Christian , 335 So. 2d 358, 361 (Fla. 1st DCA 1976).

67. Section 112.3173(3) provides in relevant part:

(3) FORFEITURE.--Any public officer or employee

who is convicted of a specified offense committed

prior to retirement . . . shall forfeit all

rights and benefits under any public retirement

system of which he or she is a member, except for

the return of his or her accumulated

contributions as of the date of termination.

68. Section 112.3173(2)(a) provides that “conviction" and

"convicted" mean an adjudication of guilty by a court of

competent jurisdiction; a plea of guilty or of nolo contendere;

a jury verdict of guilty when adjudication of guilt is withheld

and the accused is placed on probation; or a conviction by the

Senate of an impeachable offense.

69. Mr. Bollone pled nolo contendere to three counts of

possession of child pornography, a felony of the third degree

under section 827.071(5). This constitutes a “conviction”

pursuant to section 112.3173(2)(a).

70. A "specified offense" is defined in the statute in

part to include certain felonies under chapter 838, as well as

certain felonies relating to bribery, embezzlement and theft of

public funds, an impeachable offense, lewd or lascivious

offenses committed upon or in the presence of persons less than

16 years of age, or sexual battery upon a person less than 18

years of age. See section 112.3173(2)(e)1.-5., 7. Mr. Bollone

was not convicted of any of these offenses.

71. Section 112.3173(2)(e)6., also defines a "specified

offense" to include:

6. The committing of any felony by a public

officer or employee who, willfully and with

intent to defraud the public or the public

agency for which the public officer or

employee acts or in which he or she is

employed of the right to receive the

faithful performance of his or her duty as a

public officer or employee, realizes or

obtains, or attempts to realize or obtain, a

profit, gain, or advantage for himself or

herself or for some other person through the

use or attempted use of the power, rights,

privileges, duties, or position of his or

her public office or employment position.

72. The felony of possession of child pornography to which

Mr. Bollone pled no contest does not in and of itself

necessarily constitute a “specified offense.” Rather, the

statutory conditions of the “catch all” category set forth above

must be examined and applied to the conduct of the official or

the employee in making this determination. Jenne v. State

, 36

So. 3d 738, 742 (Fla. 1st DCA 2010).

73. In order to constitute a “specified offense”

under section 112.3173(2)(e)6., the criminal acts must: (a)

be a felony; (b) committed by a public employee; (c)

willfully and with intent to defraud the public or the

employee's public employer of the right to receive the

faithful performance of the employee's duty; (d) to obtain

a profit, gain or advantage for the employee or some other

person; (e) through use or attempted use of the power,

rights, privileges, duties, or position of the Petitioner.

74. It is uncontested that Petitioner was a public

employee (and a member of the FRS) and that he pled no

contest to three counts of felony possession of child

pornography. Therefore, the issue here is whether the

other three elements of the “catch all” provision have been

met.

75. Petitioner did not plead nolo contendere to

downloading or accessing child pornography. The

circumstantial evidence proving that he engaged in those

acts was relevant to show that his possession of child

pornography was done knowingly.

76. Petitioner committed the felony of possession of child

pornography willfully and with the intent to defraud the public

of the right to receive the faithful performance of his duties

as a Professor at TCC. Petitioner’s earlier downloading and

accessing of the child pornography proves his possession was

done knowingly. Mr. Bollone’s intentional possession of child

pornography on his TCC computer was contrary to TCC policies and

contrary to the faithful performance of his duty. The fact that

Mr. Bollone received positive evaluations does not prove that

the public received the faithful performance of his duty. Cf .

Simcox v. City of Hollywood Police Officers' Ret. Sys. , 988 So.

2d 731, 734 (Fla. 4th DCA 2008) ("Faithful performance" of a

"duty" as a police officer under section 112.3173(2)(e)(6) does

not allow an officer to traffic in drugs when off duty). The

public and TCC had a right to expect Mr. Bollone would not use

the computer entrusted to him for criminal activity. The public

was defrauded when Petitioner used that public property to

further his private interest in the possession of child

pornography, a crime under the laws of Florida, and a breach of

the public trust.

77. No weight was given in this order to the fact that

Petitioner did not request a hearing or otherwise present a

defense to his termination from employment at TCC. It is true

that the failure of a party to appear or testify as to material

facts within his knowledge can create an inference that the

party refrained from appearing or testifying because the truth

would be adverse, unless there has been a sufficient

explanation. 3 / Geiger v. Mather of Lackland, Inc. , 217 So. 2d

897, 898 (Fla. 4th DCA 1968). See also Fino v. Nodine , 646 So.

2d 746 (Fla. 4th DCA 1994); Alter v. Finesmith , 214 So.2d 732

(Fla. 3d DCA 1968), cert . denied , 225 So.2d 538 (1969) (adverse

inference from failure to testify). In this case, however, the

failure to request a hearing was a response to a different

action and it is not clear that the termination from TCC and the

criminal charges to which Petitioner pled no contest were

sufficiently identical. The letter to Petitioner from TCC

alleged that Petitioner had used his computer for the

acquisition and viewing of “pornography” in violation of TCC

policies governing immorality and misconduct in office. The

Leon County Sheriff’s Office Electronic Device Examination

revealed that the LimeWire folder contained “numerous files.”

The child pornography that ultimately formed the basis for the

criminal charges consisted of only three files found among other

pornographic files “containing bestiality, defecation,

urination, and other materials.” It is not clear that

Petitioner’s decision not to request a hearing regarding his TCC

termination was based in any significant part upon the three

child pornography files. Only the possession of the three child

pornography files is pertinent to this case. Petitioner’s

silence in the face of the broader allegations of possession of

pornography supporting his termination was thus given no weight

as evidence that Mr. Bollone’s possession of child pornography

was committed willfully and with intent to defraud the public or

TCC of faithful performance of his public duty.

78. Petitioner realized or obtained, or attempted to

realize or obtain, a gain or advantage for himself in possessing

the child pornography. Mr. Bollone possessed the child

pornography for his personal sexual gratification. Numerous

hearings under this forfeiture statute and similar statutes have

consistently concluded that sexual gratification constitutes

personal gain. Holsberry v. Dep’t. of Mgmt. Servs., Div. of

Ret. , Case No. 09-0087 (Fla. DOAH July 24, 2009), rejected in

part, Case No. 09-0081 (Fla. DMS Oct. 21, 2009); Marsland v.

Dep’t of Mgmt. Servs., Div. of Ret. , Case No. 08-4385 (Fla. DOAH

Dec. 15, 2008; Fla. DMS Jan. 20, 2009); Miami-Dade Co. Sch. Bd.

v. Epstein , Case No. 03-4041 (Fla. DOAH May 26, 2004; Miami-Dade

Sch. Bd. July 19, 2004); Tom Gallagher, as Comm’r of Educ. v.

Ricardo F. Arnaldo , Case No. 00-2159 (Fla. DOAH May 16, 2001;

Fla. EPC Sept. 14, 2001).

79. Petitioner’s gain or advantage to himself was effected

through the use of the power, rights, privileges and position of

his employment at TCC. His use of the public computer was a

power, right and privilege of his position which he exercised to

possess child pornography.

80. Mr. Bollone’s possession of child pornography on a

computer owned by TCC and assigned to him for the purposes of

performing his employment duties was therefore a “specified

offense” within the meaning of the forfeiture statute.

81. Petitioner committed the felonies on September 1,

2010, prior to retirement of the Petitioner from the Florida

Retirement System.

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

FRS rights and benefits, except for the return of his

accumulated contributions as of the date of termination.

DONE AND ENTERED this 19th day of October, 2011, in

Tallahassee, Leon County, Florida.

S

F. SCOTT BOYD

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 19th day of October, 2011.

ENDNOTES

1/ All statutory references are to the 2010 Florida Statutes,

except as otherwise indicated.

2/ The testimony of Kristopher Reeves indicated that subsequent

to the download of the child pornography files, TCC issued

Mr. Bollone a new I-Mac computer and used Migration Assistant to

transfer all of the user’s materials from Mr. Bollone’s old

computer into the new one without change. There was no

suggestion that this process in any way affected the content of

any of the files, and this event is found to be immaterial for

purposes of this case.

3/ In an administrative proceeding, an inference arising from

silence in the face of an accusation would create no Due Process

concerns. Adamson v. Calif. , 332 U.S. 46 (1947) . Similarly,

there would be no violation of the Fifth Amendment in non-

criminal proceedings. Baxter v. Palmigliano , 425 U.S. 308

(1976).

COPIES FURNISHED

:

Geoffrey M. Christian, Esquire

Department of Management Services

4050 Esplanade Way, Suite 160

Tallahassee, Florida 32399-0950

H. B. Stivers, Esquire

Levine and Stivers

245 East Virginia Street

Tallahassee, Florida 32301

Sarabeth Snuggs, Director

Division of Retirement

Department of Management Services

Post Office Box 9000

Tallahassee, Florida 32315-9000

Jason Dimitris, General Counsel

Department of Management Services

4050 Esplanade Way, Suite 160

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.