5D02-1892 Whiting v. Dept. of Law Enforcement

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-1892

Case Date: 07/14/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

MIKEL K. WHITING, Appellant, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, et al., Appellee. ______________________________/ Opinion filed July 18, 2003 Administrative Appeal from the Florida Department of Law Enforcement. N. James Turner of N. James Turner, Esq., P.A., Orlando, for Appellant. D. David Sessions, Tallahassee, for Appellee, Florida Department of Law Enforcement. Jack E. Ruby, Assistant General Counsel, Florida Public Employees Relations Commission, Tallahassee, for Appellee, Florida Public Employees Relations Commission. SHARP, W., J. Mikel Whiting (Whiting) appeals a final order of the Public Employees Service Commission (PERC), whichadopted a hearing officer's recommended order and dismissed his appeal in an employment termination case. We affirm because the record reflects that Whiting failed to timely file his appeal from the Notice of Final Agency Action of Dismissal. CASE NO. 5D02-1892

Whiting was a career service employee of the Florida Department of Law Enforcement (FDLE) from October 1, 1999 to March 21, 2002. He was dismissed on March 21, 2002, when a notice of final agency action of dismissal was delivered to him. Whiting filed a notice of appeal with PERC on April 5, 2002. However, FDLE filed a motion to dismiss the appeal as untimely. The basis for this motion was that Whiting was served with the notice by certified mail, return receipt requested on March 20, 2002,1 and was personally served with another notice the next day, March 21, 2002. Pursuant to

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