Opinion
Nos. 1D11–3287 1D12–4130 1D12–4131 1D12–4132 1D12–4133.
2012-09-13
FLORIDA DEPARTMENT OF CORRECTIONS, Appellant, v. Jason SCHWARZ and Public Employees Relations Commission, Appellees. Florida Department of Corrections, Appellant, v. David Warrilow and Public Employees Relations Commission, Appellees. Florida Department of Corrections, Appellant, v. Steven Hopkins and Public Employees Relations Commission, Appellees. Florida Department of Corrections, Appellant, v. Scott Stewart and Public Employees Relations Commission, Appellees. Florida Department of Corrections, Appellant, v. Charles Kraus and Public Employees Relations Commission, Appellees.
An appeal from an order of the Public Employees Relations Commission. Jennifer Parker, General Counsel, Rana Wallace, Assistant General Counsel, and Todd E. Studley, Assistant General Counsel, Tallahassee, for Appellant. Benjamin H. Yormak of Yormak Employment & Disability Law Group, Bonita Springs, for Appellee Jason Schwarz; Rhea P. Grossman of Rhea P. Grossman, P.A., Fort Lauderdale and James C. Casey, Law Offices of Slesnick & Casey, LLP, Coral Gables, for Appellees Steven Hopkins, Scott Stewart, Charles Kraus & David Warrilow; Suzanne M. Choppin, Staff Attorney for Appellee Public Employees Relations Commission.
An appeal from an order of the Public Employees Relations Commission.
Jennifer Parker, General Counsel, Rana Wallace, Assistant General Counsel, and Todd E. Studley, Assistant General Counsel, Tallahassee, for Appellant. Benjamin H. Yormak of Yormak Employment & Disability Law Group, Bonita Springs, for Appellee Jason Schwarz; Rhea P. Grossman of Rhea P. Grossman, P.A., Fort Lauderdale and James C. Casey, Law Offices of Slesnick & Casey, LLP, Coral Gables, for Appellees Steven Hopkins, Scott Stewart, Charles Kraus & David Warrilow; Suzanne M. Choppin, Staff Attorney for Appellee Public Employees Relations Commission.
Prior report: ––– So.3d ––––, 2012 WL 3238285. PER CURIAM.
AFFIRMED. See Bracey v. Dep't of Children & Families, 764 So.2d 905, 905 (Fla. 5th DCA 2000) (“PERC was required to affirm the factual findings of negligence made by the hearing officer if such findings are supported by competent substantial evidence.”); Crawley v. Dep't of Highway Safety & Motor Vehicles, 616 So.2d 1061, 1063 (Fla. 1st DCA 1993) (“The determination of whether appellant's violation of policy was willful is a factual determination to be made by the hearing officer. PERC may not reject the hearing officer's finding unless there is no competent, substantial evidence from which the finding could reasonably be inferred.”).