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Anon v. Florida Dept. of Children & Family Services
Citations: 874 So. 2d 609; 2004 Fla. App. LEXIS 2582; 2004 WL 384894Docket: No. 3D03-3242
Court: District Court of Appeal of Florida; March 2, 2004; Florida; State Appellate Court
Elizabeth Anon filed a Petition for Review of Non-Final Agency Action and a Writ of Prohibition, which was treated as an appeal from a final order that denied her request for a formal hearing under section 120.57, Florida Statutes (2003), as well as a petition for certiorari claiming violations of her due process rights. The court affirmed the final order and denied the certiorari. Anon, an attorney employed by the Florida Department of Health and Rehabilitative Services and its successor, the Department of Children and Families, from 1989 until her termination on October 3, 2003, alleged that the agency made public statements post-termination that harmed her reputation and professional integrity. Following her termination, she requested a name-clearing hearing, which the agency granted on November 12, 2003, appointing a representative for the proceeding. Anon subsequently filed a petition for a formal hearing, arguing that the agency's public statements constituted a deprivation of her liberty interest in her reputation. The agency placed disparaging comments in her personnel file, including a recommendation against her re-employment and mention of her dismissal during an investigation. A scheduling order for the name-clearing hearing was issued on December 8, 2003, outlining the procedures, which did not allow for subpoenas or discovery beyond public records. Anon’s motion for referral to the Department of Administrative Hearings or for compulsory process was denied. The court affirmed the denial of the Chapter 120 hearing and denied the petition for certiorari, noting that under section 110.604, Florida Statutes (2003), selected exempt employees serve at the pleasure of the agency head and are exempt from Chapter 120 provisions, which was undisputed in Anon's case despite her claims regarding her employment status at the time of the agency’s statements. An employee alleging that an agency made derogatory public statements following a suspension, demotion, transfer, or pay reduction would be exempt from Chapter 120 provisions, while a dismissed employee would not, which creates an inconsistency not supported by section 110.604. Consequently, the denial of Anon’s motion for a referral to the Department of Administrative Hearings for a Chapter 120 hearing is upheld. The petition for certiorari regarding the agency's name-clearing hearing procedure is denied without opinion, but Anon retains the right to raise this issue on appeal after the hearing process concludes. Relevant case law includes Buxton v. City of Plant City, emphasizing the impact of stigmatizing information on an employee's liberty interests, and Garcia v. Walder Electronics, which mandates a name-clearing hearing for allegations of unlawful deprivation of such interests.