DEPARTMENT OF CHILDREN AND FAMILIES v. MOLINA (2007)

District Court of Appeal of Florida,Third District.

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. Belkis MOLINA, Appellee.

No. 3D06-156.

Decided: March 21, 2007

Before COPE, C.J., and GREEN and LAGOA, JJ.

Anthony C. Musto, Fort Lauderdale, for appellant. Roberta Fulton Fox and Myron M. Gold, Miami, for appellee.

The Department of Children and Families (the “Department”) appeals an order of the Public Employees Relations Commission which directed that appellee Belkis Molina be reinstated to her position as family services counselor for the Department. We affirm based on our conclusion that the order is supported by competent substantial evidence. See Glenn v. Dep't of Prof'l Reg., 410 So.2d 935 (Fla. 3d DCA 1982); § 120.68(10), Fla. Stat. (2006).

“When an agency terminates the employment of a career service employee on certain stated grounds, the agency must affirmatively prove the essence of the allegations by a preponderance of the evidence.” Dep't of Agric. & Consumer Servs. v. Edwards, 654 So.2d 628, 631 (Fla. 1st DCA 1995) (citation omitted). In this case the hearing officer found that the agency's proof fell short. We are not permitted to re-weigh the evidence. Glenn, 410 So.2d at 935.

Affirmed.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network