12-000870
Albert P. Burtner vs.
Department Of Management Services, Division Of Retirement
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 15, 2012.
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 15, 2012.
1STATE'OF'FIORIDA
2DEPART1=1TLrtrAGEMENT SERVICES
4ALBERT P. BURTNER, 19l1 AUG 30 6['11133
11Petitioner, DiVISION OF Final Order No. DMS -12-0060
19vs. ADMINISTRATIVE
21HEARINGS DOAH Case No. 12-0870
26STATE OF FLORIDA, OGC Case No. 12-23419
33DEPARTMENT OF MANAGEMENT SERVICES,
37DIVISION OF RETIREMENT,
40Respondent.
41------------------_/
42FINAL ORDER OF DISMISSAL
46On February 16,2012, the Department of Management Services (Department) received a
58petition for administrative hearing from Petitioner, Albert P. Burtner. Petitioner challenged the
70Department's decision to declare Petitioner a mandatory participant in the State University
82System Optional Retirement Program and therefore unable to transfer to the Florida Retirement
95System pursuant to Section 121.051, Florida Statutes. This case was transferred to the Division
109of Administrative Hearings on March 9,2012.
116On June 15, 2012, after receiving a Notice of Settlement and Joint Motion to Relinquish
131Jurisdiction, the assigned administrative law judge issued an order closing the Division of
144Administrative Hearings' file and relinquishing jurisdiction back to the Department. There being
156no further matters to consider,
161IT IS ORDERED:
1641. The petition is dismissed with prejudice.
171DONE AND ORDERED thiQmbday of Ubt- , 2012, in Tallahassee, Leon
181County, Florida.
183. NOTICE OF RIGHT TO JUDICIAL REVIEW
190A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS
201ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68,
209FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE
217FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE
225COMMENCED BY FILING ONE COpy OF A NOTICE OF APPEAL WITH THE
237AGENCY CLERK OF THE DEPARTMENT OF MANAGEMENT SERVICES,
2454050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950,
253AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY
263LAW, WITH THE DISTRICTCOURT OF APPEAL, FIRST DISTRICT, OR WITH
273THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE
283THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN
29430 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
304I HEREBY CERTIFY that this Final Order was filed in the official records of the
319Department of Management Services, and copies distributed by U.S. Mail to the parties below,
333on of , 2012.
336De e Soup
339Cler .
341Department of Management Services
345Copies furnished to:
348Judge F. Scott Boyd Elizabeth R. Stevens, Esquire
356Division of Administrative Hearings Department of Management Services
3641230 Apalachee Parkway 4050 Esplanade Way, Ste. 160
372Tallahassee, FL 32399-3060 Tallahassee, FL 32399-0950
378Albert P. Burtner
3814808 SE 122 Terrace
385Gainesville, FL 32641
- Date
- Proceedings
- PDF:
- Date: 06/20/2012
- Proceedings: Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits numbered 1-2, and Respondent's Exhibits numbered 1-3, to the agency.
- PDF:
- Date: 06/14/2012
- Proceedings: Notice of Settlement and Joint Motion to Relinquish Jurisdiction filed.
- PDF:
- Date: 05/31/2012
- Proceedings: Order Granting Joint Motion Prohibiting Dissemination of, and Requiring Destruction or Return of, Document and Providing Clarification Regarding Late-filed Exhibits.
- PDF:
- Date: 05/30/2012
- Proceedings: (Proposed) Order Prohibiting Dissemination of, and Requiring Destruction or Return of, Document filed.
- PDF:
- Date: 05/30/2012
- Proceedings: Joint Motion for Order Prohibiting Dissemination of, and Requiring Destruction or Return of, Document filed.
- Date: 05/29/2012
- Proceedings: Petitioner's Proposed Exhibits (exhibits not available for viewing).
- Date: 05/14/2012
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 05/09/2012
- Proceedings: Petitioner's Response to Notice of Hearing by Video Teleconference filed.
- PDF:
- Date: 05/08/2012
- Proceedings: Petitioner's Response to Notice of Hearing by Video Teleconference filed.
Case Information
- Judge:
- F. SCOTT BOYD
- Date Filed:
- 03/09/2012
- Date Assignment:
- 03/12/2012
- Last Docket Entry:
- 08/30/2012
- Location:
- Gainesville, Florida
- District:
- Northern
- Agency:
- Other
Counsels
-
Albert Paul Burtner, Associate Professor
Address of Record -
Elizabeth Regina Stevens, Esquire
Address of Record