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.


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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

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PDF
Date
Proceedings
PDF:
Date: 08/30/2012
Proceedings: (Agency) Final Order of Dismissal filed.
PDF:
Date: 08/28/2012
Proceedings: Agency Final Order
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: 06/15/2012
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 06/14/2012
Proceedings: Notice of Settlement and Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 06/05/2012
Proceedings: Order Granting Extension of Time.
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.
PDF:
Date: 05/29/2012
Proceedings: Order Granting Extension of Time.
Date: 05/29/2012
Proceedings: Petitioner's Proposed Exhibits (exhibits not available for viewing).
PDF:
Date: 05/29/2012
Proceedings: Request for Extension filed.
PDF:
Date: 05/15/2012
Proceedings: Copy of Email Sent to Bob Henning filed.
PDF:
Date: 05/15/2012
Proceedings: Affidavit and Declaration filed.
PDF:
Date: 05/15/2012
Proceedings: Copy of Email Sent to Susan Farrell UF Records Custodian filed.
PDF:
Date: 05/15/2012
Proceedings: Order Holding Record Open.
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: Notice of Filing (Proposed) filed.
PDF:
Date: 05/08/2012
Proceedings: Notice of Filing Exhibits (exhibits not available for viewing).
PDF:
Date: 05/08/2012
Proceedings: Order Granting Extension of Time.
PDF:
Date: 05/08/2012
Proceedings: Submission of Proposed Exhibit #2 filed.
PDF:
Date: 05/08/2012
Proceedings: Submission of Proposed Exhibit #1 filed.
PDF:
Date: 05/08/2012
Proceedings: Petitioner's Response to Notice of Hearing by Video Teleconference filed.
PDF:
Date: 05/03/2012
Proceedings: Respondent's Response to Order of Prehearing Instructions filed.
PDF:
Date: 03/27/2012
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/27/2012
Proceedings: Notice of Hearing by Video Teleconference (hearing set for May 14, 2012; 9:30 a.m.; Gainesville and Tallahassee, FL).
PDF:
Date: 03/21/2012
Proceedings: Respondent's Response to Initial Order filed.
PDF:
Date: 03/20/2012
Proceedings: Unilateral Response to Initial Order filed.
PDF:
Date: 03/12/2012
Proceedings: Initial Order.
PDF:
Date: 03/09/2012
Proceedings: Agency action letter filed.
PDF:
Date: 03/09/2012
Proceedings: Agency referral filed.
PDF:
Date: 03/09/2012
Proceedings: Request for Administrative Hearing 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
 

Related DOAH Cases(s) (2):

Related Florida Statute(s) (2):